AGENDA SHEET FOR PARK BOARD MEETING OF: April 13, 20 TTY OF 3 ‘Submitting Division Contact Person Phone No. << Parks & Recreation Berry Ellison 625-6276 ores ial eee a [Ell orecsne) iE) renee evour a (V lnveneraeart| (screener e RENEWAL committee: [ ]Finance [Jeor [tans [recreation []rivertont [_Jurtc] Gross ner ENG type of contract: [Yew [_]Renowat [amendment [_]extension [_Jotner | Sip 1 Beginning date: 4/14/2017 Expiration date: 2/29/2019 pen endeal_]|_RECUISITION [AGENDA WORDING: CR 18133 ‘Award Progressive Design-Build Validation Phase contract to Garco Construction for $250,000.00. The contract is expected to be amended at later date with the established Guaranteed Maximum Price (GMP). BACKGROUND: {Attach additional sheet ifnecessary) Three design team submitted qualifications, proposals, and participated in interviews. The Garco Team is recommended by the Selection Committee and the Design Steering Committee. RECOMMENDATION: The RFP Committee approves to offer to Park Board. ATTACHMENTS: include in packets. See back of Agenda Sheet for spect supporting document requirements. Berry Gtiser 4P, Leroy Eadie Requester? gg — "2K Director of Parks & Rec >keToy Eadie Parks Accting — Whaley DISTRIBUTION” Parks: Accounting Jo-Lynn Brown Parks: Pamela Clarke Danielle Amold Budget Manager: Tim Dunivant Patt Dova Requester: Berry Ellison PARK BOARD ACTION: President April 13, 2017Fiscal impact Budget Account Expenditure: $250,000.00 3346 49575 94000 56501 48114 Revenue: [_} Existing vendor 1] New vendor Iso, please include vendor packet ‘Supporting documents: ]Qvotes/Solcitation (RFP, RFQ, RFB) 1] ws tor now contractorslconsutants vendors) ACH Forms Contractors on the City’s ABE Roster City of Spokane [vor new contractersiconeutantsvendors) Insurance W scokane Business egitaton expiration cate 33117 [y Certificate (minimum $1.5 milion in Genera Liability)OPR 2017-037 DBIA ? STANDARD FORM OF PROGRESSIVE DESIGN-BUILD AGREEMENT BETWEEN OWNER AND DESIGN-BUILDER - COST PLUS FEE WITH A GUARANTEED MAXIMUM PRICE Document No. 530 ‘Second Edition 2010 © Design-Build Institute of America Washington, DCArticle Article 1 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 TABLE OF CONTENTS Name Scope of Work..... Interpretation and Intent...... Ownership of Work Product... Contract Time ... Contract Price... 5 Procedure for Payment 18, Termination for Convenience. 16 Representatives of the Parties 17 Bonds and Insurance Other Provisions ...... 18Standard Form of Progressive Design-Build Agreement Between Owner and Design-Builder — with Cost Plus Fee and a Guaranteed Maximum Price This document has important legal consequences. Consultation with an attorney is recommended with respect to its completion or modification. ‘This AGREEMENT is made as of the 3 day of April in the year of 2017, by and between the following parties, for services in connection with the Project identified below: OWNER: (Name and eciress) City of Spokane, Washington 808 W. Spokane Falls Bivd Spokane, WA 99201-3316 DESIGN-BUILDER: (ame and adress) Garco Construction Inc. 4114 €. Broadway Spokane, WA 99202 PROJECT: (Mncude Project name and locaton as it wi appear inthe Contract Documents) Pavilion Design-Build Project In consideration of the mutual covenants and obligations contained herein, Owner and Design-Builder agree as set forth herein. ‘DBIA Decument No. 590 Paget ‘Standard Form of Agreement Between Owner and Design-Bullder - Cost Plus Fee with an Option for a GMP ©2010 Design Bula nett of AmericaArticle 4 Scope of Work 41 Design-Builder shall perform all design and construction services, and provide all material, equipment, tools and labor, necessary to complete the Work described in and reasonably inferable from the Contract Documents. Article 2 Contract Documents 24 The Contract Documents are comprised of the following: 24.4 All written modifications, amendments, minor changes, and Change Orders to this ‘Agreement issued in accordance with DBIA Document No. 536, Standard Form of General Conditions of Contract Between Owner and Design-Builder (2010 Edition) (‘General Conditions of Contract’ 21.2 The GMP Amendment in accordance with Section 6.6.1 herein, provided such ‘Amendment is executed between the parties. 2.1.3 This Agreement, including all exhibits but excluding the GMP Amendment: Insurance Requirements; Form of Performance and Payment Bond; and Validation Period Scope of Work and Owner's Project Criteria 24.4 The General Conditions of Contract; and 2.1.8 Construction Documents prepared and approved in accordance with Section 2.4 of the General Conditions of Contract. Article 3 Interpretation and Intent 3.1 Design-Builder and Owner, prior to execution of the Agreement, shall carefully review all the Contract Documents, including the various documents Owner's Project Criteria set forth in Exhibit C, for ‘any conficts or ambiguities. Design-Builder and Owner will discuss and resolve any identified conficts or ambiguities prior to execution of the Agreement 3.2 The Contract Documents are intended to be complementary and interpreted in harmony so as to void conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event inconsistencies, conflicts, or ambiguities between or among the Contract Documents are discovered after execution of the Agreement or after the parties’ execution of the GMP ‘Amendment, Design-Builder and Owner shall attempt to resolve any ambiguity, confict or inconsistency informally, recognizing that the Contract Documents shall take precedence in the order in which they are listed in Section 2.1 hereof. (Note the partes ae strongly encouraged to establish in the GMP Exhibitor GMP Proposal (as ‘pplicabl) the pron of the various documents comprising such exhibitor proposal) ‘DBIA Document No, 530 : ~ Page? Standard Form of Agreement Between Owner and Design-Bullder- Cost Plus Fee with an Option for a GMP (©2010 Design-Buld Institute of America3.3 Terms, words and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in the General Conditions of Contract. 34 Ifthe Owner's Project Criteria contain design or prescriptive specifications the Design-Builder Shall be entitled to reasonably rely on the accuracy of the information represented in such design or prescriptive specifications and their compatibilty with other information set forth in Owner's Project Criteria, including any performance specifications for the purposes of developing the Scope of Services for the Validation Period, the Validation Period Not to Exceed Amount and the Design-Builder’s Fee. However, Design-Builder is required to perform an independent evaluation of such design or prescriptive specifications to verify the information provided by the Owner during the Validation Period. Further, regardless of the inclusion of design or prescriptive specifications or criteria, Design-Builder shall remain responsible for meeting the performance requirements of the Project, inciuding but not limited to the requirements that the Project meet the Owner's Project Criteria and the Basis of Design Documents as well as all applicable Legal Requirements. Provided Design-Builder complies with other requirements set forth in this Agreement such as those regarding notice of claims to Owner and identification of differing site conditions, Design-Builder shall be entitled to an adjustment in the Scope of Services for the Validation Period, the Validation Period Not to Exceed Amount, the Design-Builder’s Lump Sum Fee andior the Design-Bulder's Lump Sum General Conditions, but only to the extent Design-Builder's cost andlor time of performance have been adversely impacted by such inaccurate design or prescriptive ‘specifications that are inconsistent with meeting the performance requirements. 3.5 The Contract Documents form the entire agreement between Owner and Design-Builder and by incorporation herein are as fully binding on the parties as if repeated herein. No oral representations or ‘other agreements have been made by the parties except as specifically stated in the Contract Documents. Article 4 Ownership of Work Product 44 Work Product. All drawings, specifications and other documents and electronic data, including such documents identified in the General Conditions of Contract, furnished by Design-Builder to Owner Under this Agreement (‘Work Product’) are deemed to be instruments of service and Design-Bullder shall retain the ownership and property interests therein, including but not limited to any intellectual property rights, copyrights and/or patents, subject to the provisions set forth in Sections 4.2 through 4.5 below. 4.2 _ Owner's Limited License upon Project Completion and Payment in Full to Design-Builder. Upon Owner's payment in full for all Work performed under the Contract Documents, Design-Builder shall grant Owner a limited license to use the Work Product in connection with Owner's occupancy of the Project, conditioned on Owner's express understanding that its alteration of the Work Product without the involvement of Desigh-Builder is at Owner's sole risk and without liability or legal exposure to Design- Builder or anyone working by or through Design-Bullder, including Design Consultants of any tier (collectively the “Indemnified Parties"), and on the Owner's obligation to provide the indemnity set forth in Section 4.6 below. 4.3 Owner's Limited License upon Owner's Termination for Convenience or Design-Builder’s Election to Terminate. If Owner terminates this Agreement for its convenience as set forth in Article 8 hereof, or if Design-Builder elects to terminate this Agreement in accordance with Section 11.4 of the General Conditions of Contract, Design-Builder shall, upon Owner's payment in full of the amounts due Design-Builder under the Contract Documents, grant Owner a limited license to use the Work Product to complete the Project and subsequently occupy the Project, and Owner shall thereafter have the same rights as set forth in Section 4.2 above, conditioned on the folowing: ‘DBIA Document No. 530 Pages Standard Form of Agreement Between Owner and Design-Bullder- Cost Plus Fee with an Option for a GMP © 2010 Design-Build Instituto of America4.3.1 Use of the Work Product is at Owner's sole risk without liability or legal exposure to any Indemnified Party, and on the Owner's obligation to provide the indemnity set forth in Section 4.6 below, and 4.3.2 Owner shall not be required to pay Design-Builder additional compensation for the right to use the Work Product to complete the Project and subsequently use the Work Product in accordance with Section 4.2 if Owner resumes the Project through its employees, agents, or third parties 44 Owner's Limited License upon Design-Builder’s Default. If this Agreement is terminated due to Design-Builder's default pursuant to Section 11.2 of the General Conditions of Contract, then Design- Builder grants Owner a limited license to use the Work Product to complete the Project and subsequently ‘occupy the Project, and Owner shall thereafter have the same rights and obligations as set forth in Section 4,2 above. Notwithstanding the preceding sentence, if it is ultimately determined that Design- Builder was not in default, Owner shall be deemed to have terminated the Agreement for convenience, and Design-Builder shall be entitled to the rights and remedies set forth in Section 4.3 above, 4.5 Owner's Indemnification for Use of Work Product. If Owner is required to indemnify any Indemnified Parties based on the use or alteration of the Work Product under any of the circumstances identified in this Article 4, Owner shall defend, indemnity and hold harmless such Indemnified Parties from and against any and all claims, damages, labilties, losses and expenses, including attorneys’ fees, arising out of or resulting from the use or alteration of the Work Product. Article 5 Contract Time 54 Date of Commencement. The Work shall commence within five (5) days of Design-Builder’s receipt of Owner's Notice to Proceed (‘Date of Commencement’) unless the parties mutually agree otherwise in writing, 5.2 Substantial Completion and Final Completion. 5.2.1 The Validation Period shall be completed no later than one hundred twenty days after the Date of Commencement ("Validation Period Completion Date"). The parties will establish a date for Substantial Completion of the entire Work ("Scheduled Substantial Completion Date’) in the GMP Amendment 6.2.2 Interim milestones and/or Substantial Completion of identified portions of the Work (’Scheduled Interim Milestone Dates") shall be determined during the Validation Period: (Insert any Interim milestones fr portions of the Work wih ferent scheduled dates for Substantial Completion) 6.2.3 Final Completion of the Work or identified portions of the Work shall be achieved as expeditiously as reasonably practicable. Final Completion is the date when all Work is complete pursuant to the definition of Final Completion set forth in Section 1.2.7 of the General Conditions of Contract. 5.24 All of the dates set forth in this Article 5 (collectively the “Contract Time(s)") shall be ‘subject to adjustment in accordance with the General Conditions of Contract. ‘BIA Docurnert No. 630 Page 4 ‘Standard Form of Agreement Between Owner and Design-Bullder- Cost Plus Fee with an Option for a GMP © 2010 Design-Build Insitute of America53 Time is of the Essence. Owner and Design-Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. 5.4 —_Liquidated Damages. Design-Builder understands that if Substantial Completion is not attained by the Scheduled Substantial Completion Date, Owner will suffer damages which are difficult to determine and accurately specify. Design-Builder and Owner will include liquidated damages for delay in the GMP Amendment 5.5 Any liquidated damages assessed pursuant to this Agreement for delay damages shall be in lieu of all liability for any and all extra costs, losses, expenses, claims, penalties and any other damages, whether special or consequential, and of whatsoever nature, incurred by Owner which are occasioned by any delay in achieving the Contract Time(s). Article 6 Contract Price 61 — Contract Price. 6.1.1. Owner shall pay Design-Builder in accordance with Article 6 of the General Conditions of Contract a contract price ("Contract Price") as set forth herein <1 The total Compensation to Design-Builder shall not exceed the Guaranteed Maximum Price ("GMP") of fourteen million, five hundred thousand dollars ($14,500,000.00) .2 The parties acknowledge that the scope of work for this Project is not fully developed. The Design-Builder shall develop the Basis of Design Documents such that the total Compensation to the Design-Builder shall not exceed the GMP set forth herein, Unless the parties agree in writing to increase the GMP or the Design-Builder is otherwise entitled to an increase to the GMP pursuant to the terms of the Contract Documents. 62 Design-Builder’s Fee and General Conditions Costs. 6.2.4 Lump Sum Fee. The Design-Builder’s Lump Sum Fee shall be Six Hundred Fifty Five ‘Thousand dollars ($655,000.00), ‘The Lump Sum Fee shall include the following items, which shall not be charged as a Cost of the Work: 1 Allprofit of the Design-Builder for this Project; and 2 All regional and home office overhead expenses, including labor and materials, phone, facsimile, postage, internet service, and other incidental office expenses attributed to work on this Project that is not specifically identified in the Fixed Amount for Specified General Conditions Work 6.2.2 Prior to the execution of the GMP Amendment, Design-Builder's Fee will only be adjusted pursuant to Section 3.4 of this Agreement. 6.2.3 Lump Sum General Conditions Costs. The Design-Builder's Lump Sum General Conditions Costs shall be six hundred twenty five thousand dollars ($625,000.00). The Lump ‘Sum General Conditions Costs include the items set forth in Section 6.4.6 ‘DBIA Document No. 630 Page 6 ‘Standard Form of Agreement Between Owner and Design-Bullder - Cost Plus Fee with an Option for a GMP {© 2010 Design-Build Institute of America6.2.4 The Lump Sum Fee and the Lump Sum General Conditions Costs shall be paid pursuant to Section 6.4.3. 6.3 Cost of the Work. The term Cost of the Work shall mean costs reasonably and actually incurred by Design-Bullder in the proper performance of the Work. The Cost of the Work shall include only the following and shall not include any costs that are included in the Lump Sum Fee or the Lump Sum General Conditions Costs: 6.3.1 Unless included in Lump Sum General Conditions, direct labor costs of employees of Design-Builder performing the Work at the Site or, with Owner's agreement, at locations off the Site; provided, however, that the costs for those employees of Design-Builder performing design services shall be calculated on the basis of prevailing market rates for design professionals performing such services or, if applicable, those rates set forth in an exhibit to this Agreement. Wages for those employees performing construction services shall be paid as follows: Basic wages and fringe benefits: The hourly wage (without markup or labor burden) and fringe benefits paid by the Design-Builder as established by the Washington Department of Labor and Industries (r contributed to labor trust funds as itemized fringe benefits. Whichever is applicable, not to exceed that specified in the applicable “Intent to Pay Prevailing Wage” for the laborers, apprentices, journeymen, and foremen performing and/or directly supervising the Change in the Work on the site, The premium portion of overtime wages is not included unless pre-approved in writing by the Owner. The Design-Builder shall provide to the Owner copies of payroll records, including certified payroll statements for itself and Subcontractors of any tier for the period upon the Owner's request. Direct labor costs also include direct contributions to the State of Washington as industrial insurance, medical aid, and supplemental pension by class and rates established by the Washington Department of Labor and Industries and contributions required by the Federal Insurance Compensation Act (FICA), the Federal Unemployment Tax Act (FUTA) and the State Unemployment Compensation Act (SUCA).. 6.3.4 Unless included in Lump Sum General Conditions, costs incurred by Design-Builder for employee benefits, premiums, taxes, insurance, contributions and assessments required by law, collective bargaining agreements, or which are customarily paid by Design-Bullder, to the extent such costs are based on wages and salaries paid to employees of Design-Builder covered under Sections 6.3.1 through 6.3.3 hereof. 6.3.6 Payments properly made by Design-Builder to Subcontractors and Design Consultants for performance of portions of the Work, including any insurance and bond premiums incurred by ‘Subcontractors and Design Consultants. 6.3.7 Costs, including transportation, inspection, testing, storage and handling, of materials, equipment and supplies incorporated or reasonably used in completing the Work. The material costs shall be based upon the net cost after all discounts or rebates, freight costs, express charges, or special delivery costs, when applicable. No lump sum costs will be allowed except when approved in writing in advance by the Owner. Discounts and rebates based on prompt payment need not be included, however, ifthe Design-Builder offered but the Owner declined the ‘opportunity to take advantage of such discount or rebate. 6.3.8 Costs (less salvage value) of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by the workers that are nt fully consumed in the performance of the Work and which remain the property of Design-Builder, including the costs of transporting, inspecting, testing, handling, installing, maintaining, dismantling and removing such items. 6.3.9 Costs of removal of debris and waste from the Site. DBI Document No, 630 Page 6 ‘Standard Form of Agreement Between Owner and Design-Bullder - Cost Plus Fee with an Option for a GMP (© 2010 Design-Build Insitute of America6.3.11 Unless included in Lump Sum General Conditions, rental charges and the costs of transportation, installation, minor repairs and replacements, dismanting and removal of temporary facilities, machinery, equipment and hand tools not customarily owned by the workers, ‘which are provided by Design-Builder at the Site, whether rented from Design-Builder or others, and incurred in the performance of the Work. The rental charge the applicable rental cost as, established by the lower of the local prevailing rate published in the Rental Rate Blue Book by Data Quest. San Jose. California, as modified by the AGC\WSDOT agreement or the actual rate paid to an unrelated third party as evidenced by rental receipts. Rates and quantities of ‘equipment rented that exceed the local fair market rental costs shall be subject to the Owner's prior written approval. Total rental charges for equipment or tools shall not exceed 75% of the fair market purchase value of the equipment or the tool. Actual, reasonable mobilization costs are Permitted if the equipment is brought to the site solely for the change in the Work. The rental rates are the maximum rates allowable for equipment of modem design and in good working condition and include full compensation for furnishing all fuel, oll, lubrication, repairs, maintenance, and insurance, When rental rates payable do not include fuel, lubrication, maintenance, and servicing, as defined as operating costs in the Blue Book, such operating costs shall be reimbursed based on actual costs. Equipment not of modem design and/or not in good ‘working condition will have lower rates. Hourly, weekly, and/or monthly rates, as appropriate, will be applied to yield the lowest total cost. The rate for equipment necessarily standing by for future use (and standing by for no longer than two (2) weeks’) on the changed Work shall be 50% of the rate established above. The total cost of rental allowed shall not exceed the cost of purchasing the equipment outright. If equipment is required for which a rental rate is not established by The Rental Rate Blue Book, an agreed rental rate shall be established for the equipment, which rate and use must be approved by the Owner prior to performing the Work. 6.3.13 All fuel and utility costs incurred in the performance of the Work. 6.3.14 Sales, use or similar taxes, tariffs or duties incurred in the performance of the Work, with the exception of Washington State Sales Tax, which shall be paid outside the Validation NTE or GMP. 6.3.18 Costs for permits, royalties, licenses, tests and inspections incurred by Design-Builder as a requirement of the Contract Documents. 6.3.17 Costs incurred in preventing damage, injury or loss in case of an emergency affecting the safety of persons and property. 6.3.21 Other costs reasonably and properly incurred in the performance of the Work to the extent approved in writing by Owner and not included in the Design-Builder's Contingency, Design Builder's Fee or the Lump Sum General Conditions. 64 Other Methods of Compensation ‘Within the Validation NTE or the GMP, the parties may agree to the following methods of pricing Design-Builder's Compensation 6.4.1 Allowance Items and Allowance Values. <1 Any and all Allowance Items, as well as their corresponding Allowance Values, are set forth in Exhibit C or the GMP Amendment and are included within any established NTE and the GMP, as applicable. BIA Document No, 630, PageT ‘Standard Form of Agreement Betwoon Owner and Design-Bullder - Cost Plus Fee with an Option for a GMP (© 2010 Design-Buid Insitute of America64.2 2 Design-Builder and Owner have worked together to review the Allowance Items and Allowance Values based on design information then available to determine that the Allowance Values constitute reasonable estimates for the Allowance Items. Design- Builder and Owner will continue working closely together during the preparation of the design to develop Construction Documents consistent with the Allowance Values. Nothing herein is intended in any way to constitute a guarantee by Design-Builder that the Allowance Iter in question can be performed forthe Allowance Value. 3 No work shall be performed on any Allowance Item without Design-Builder first ‘obtaining in writing advanced authorization to proceed from Owner. Owner agrees that if Design-Builder is not provided written authorization to proceed on an Allowance Item by the date set forth in the Project schedule, due to no fault of Design-Builder, Design- Builder may be entitied to an adjustment of the Contract Time(s) and Contract Price 4 The Allowance Value for an Allowance Item includes the direct cost of labor, materials, equipment, transportation, taxes and insurance associated with the applicable Allowance Item. All other costs, including design fees, Design-Builder's overall project management and general conditions costs, overhead and fee, are deemed to be included in the original Contract Price, and are not subject to adjustment, regardless of the actual amount of the Allowance Item. .8 Whenever the actual costs for an Allowance Item is more than or less than the stated Allowance Value, the Contract Price shall be adjusted accordingly by Change Order, subject to Section 6.4.4; however, Design-Builder must provide written notice of the difference between the actual cost and the Allowance Value pursuant to the Changes provisions in the General Conditions. The amount of the Change Order shall reflect the difference between actual costs incurred by Design-Builder for the particular Allowance Item and the Allowance Value. Not To Exceed Sums ‘The Owner and Design Builder may establish Not to Exceed ("NTE") Sums for specific scopes of the Work. Any such NTE Sum will be negotiated between the (Owner and Design-Builder. The NTE Sum agreed upon by the Parties shall be incorporated into the GMP Amendment or a Change Order, and the parties shall include the following information: a. A specific description of the Scope of the Work that is subject to the NTE sum; b. An updated Schedule of Values that incorporates the NTE Sum; and c. Any milestone dates associated with the scope of the Work associated with the NTE Sum. 2 For each scope of work for which a NTE Sum has been established, the Design- Builder shall be reimbursed for the scope of the Work as a Cost of the Work; however, Design-Builder's compensation shall not exceed the NTE Sum without a written Change Order. 3 Design-Builder shall not request reimbursement for costs subject to the NTE ‘Sum, unless those costs are identified in the Payment Application as subject to the NTE Sum. 4 NTE Sums may only be modified by Change Order pursuant to the General Conditions. EIA Document No, 630 ‘Standard Form of Agreement Between Owner and Design-Bullder - Cost Plus Fee with an Option for a GMP (© 2010 Design uid Institute of America Page’6.4.3 Lump Sums 4 3 4 The Owner and Design-Builder may establish a Lump Sum for specific scopes of the Work. Any such Lump Sum will be negotiated between the Owner and Design-Builder. The Lump Sum agreed upon by the Parties shall be incorporated into the GMP Amendment or a Change Order, and the parties shall include the following information: a. A specific description of the Scope of the Work that is subject to the Lump Sum; b. _Anupdated Schedule of Values that incorporates the Lump Sum; and c. Any milestone dates associated with the scope of the Work associated with the Lump Sum For each scope of work for which a Lump Sum has been established, the Design-Builder shall be compensated pursuant to the Schedule of Values set forth above based on the percentage of the Scope of the Work subject to the Lump Sum that has been completed. Design-Builder shall not request reimbursement for costs subject to the Lump ‘Sum, unless those costs are identified in the Payment Application as subject to the Lump Sum. Lump Sums may only be modified via Change Order pursuant to the General Conditions 6.4.4 Design-Builder's Contingency A “The partes shall establish, as part of any NTE and the GMP, a Design-Builder's Contingency which is avaliable for Design-Builder's exclusive use for unanticipated costs it has incurred that are not a Cost of the Work and not the basis for a Change Order under the Contract Documents (collectively “Contingency Items’), By way of example, and not as a limitation, such costs may include the following: (@) trade buy-out differentials; (b) overtime or acceleration; (©) escalation of materials; (€) Costs incurred by Design-Builder in repairing or correcting defective, ‘damaged or nonconforming Werk (excluding any warranty or corrective Work performed after Substantial Completion), provided that such Work was beyond the reasonable control of Design-Builder, or caused by the ordinary mistakes or inadvertence, and not the negligence, of Design-Builder or those ‘working by or through Design-Builder. If the costs associated with such Work are recoverable from insurance, Subcontractors or Design Consultants, Design-Builder shall exercise its’ best efforts to obtain recovery from the ‘appropriate source and provide a credit to Owner if recovery is obtained; BIA Document No, 650 Page ® ‘Standard Form of Agreement Between Owner and Design-Bullder - Cost Plus Fee with an Option for a GMP (© 2010 Design-Build institute of America(©) Legal costs, court costs and costs of mediation and arbitration reasonably arising from Design-Builder's performance of the Work, provided such costs do not arise from disputes between Owner and Design-Builder; or (f) Subcontractor defaults. The Design-Builder shall be reimbursed for items that are included in the Design- Builder's Contingency in the same manner as set forth in Section 6.3, a Cost of the Work; however, Design-Builder’s compensation for Contingency items shall not exceed the amount set forth as the Design-Builder's Contingency in the applicable NTE or GMP without a written Change Order, and Design-Builder shall not be entitled to any Fee for items reimbursed under this Section. If the Fee is fixed, the amounts included in the Design-Builder’s Contingency shall be excluded from the calculation set forth in Section 6.1.2 to determine whether the GMP has changed. 3 The Contingency is not available to Owner for any reason, including, but not limited to changes in scope or any other item which would enable Design-Builder to increase an NTE or GMP under the Contract Documents, A Design-Builder shall provide Owner notice of all anticipated charges against the Contingency, and shall provide Owner as part of the monthly status report required by Section 2.1.2 of the General Conditions of Contract an accounting of the Contingency, including all reasonably foreseen uses or potential uses of the Contingency in the upcoming three (3) months, Design-Builder agrees that with respect to any expenditure from the Contingency relating to a Subcontractor default or an event for which insurance or bond may provide reimbursement, Design-Builder will in good faith exercise reasonable steps to obtain performance from the Subcontractor and/or recovery from any surety or insurance company. Design-Builder agrees that if Design-Builder is subsequently reimbursed for said costs, then said recovery will be credited back to the Contingency. 6.4.5 Lump Sum General Conditions Costs <1 The Lump Sum General Conditions Costs includes, but is not limited to the following items: a. Wages or salaries of Design-Builder's supervisory and administrative personnel engaged in the performance of the Work and who are located at the Site or working off-Site to assist in the production or transportation of material ‘and equipment necessary for the Work. Specifically, the following personnel are included in the Lump Sum General Conditions Costs: Project Executive Senior Project Manager Project Manger ‘Superintendent Quality Control Manager Project Engineer b. Wages or salaries of Design-Builder’s personnel stationed at Design- Builder's principal or branch offices, including the Project Executive. ¢. ___ The reasonable portion of the cost of travel, accommodations and meals for Design-Builder’s personnel necessarily and directly incurred in connection with the performance of the Work. Such costs must be approved in writing by ‘Owner in advance. ‘DBIA Document No, 630 Page 10 Standard Form of Agreement Between Owner and Design-Bullder- Cost Plus Fee with an Option for a GMP (© 2010 Design-Build institute of AmericaDaIA Document No, 50 d. The reasonable costs and expenses incurred in establishing, operating and demobilizing the Site office, including the cost of facsimile transmissions, long-distance telephone calls, postage and express delivery charges, telephone service, photocopying and reasonable petty cash expenses, fe. Premiums for insurance and bonds required by this Agreement or the performance of the Work. f. The cost of defending suits or claims for infringement of patent rights arising from the use of a particular design, process, or product required by ‘Owner, paying legal judgments against Design-Builder resulting from such suits cr claims, and paying setements made with Owner's consent. 9. Accounting and data processing costs related to the Work. hh. Fees paid by the Design-Builder for the approval of Statements of Intent to Pay Prevailing Wages and certification of Affidavits of Wages Paid by the industrial statistician of the State Department of Labor and Industries. The Design-Builder will remain responsible for the actual submittal of the documents to the industrial statistician. In order to reoeive this reimbursement the Design- Builder will be required to submit to Owner, a list of its subcontractors at all tiers and have their Statements of Intent to Pay Prevailing Wages on file with the Owner. 1. The following costs are specifically included in the Lump Sum General Conditions Costs: 4, Shop Drawing Reproduction 2. Construction Schedule & Updates 3. Safety/Security 4. Field Office Set-up (mobilization/demobilzation) 13 Office Supplies 5. Telephone System 6. Telephone Service Charge 7. Computer Network/System Set-up 8 Courier Service 9. Postage (Fed-X, USPS) 10. Furniture/Equipment 11. Office Cleaning 42. Project Manager Vehicle 43. Project Superintendent Vehicle 14, Personal Computers 18. Copy Machine 46. Temporary Electric Hook-up/Removal 17. Temporary Electric Material 48. Project Sign 419. Directional Signs & Barricades 20. Temporary Water Hook-up/Removal 21. Drinking Water & Supplies 22. Chemical Toilets 23, Start-up & Commissioning 24, O8M Manuals 25. Project Record Documents 26. Field Engineering/Building Layout Survey Paget ‘Standard Form of Agreement Between Owner and Design-Bullder - Cost Plus Fee with an Option for a GMP (© 2010 Design-Build insttute of AmericaFor the Costs of the Work that are included in the Lump Sum General Conditions Costs, the Design-Builder shall not be reimbursed for such costs as part of the Cost of the Work, The Lump Sum General Conditions Costs shall not be modified unless the GMP varies, either upward or downward, by more than fifteen percent (15%) from the original GMP established in this Agreement. 65 — Non-Reimbursable Costs. 6.5.1 The following shall not be deemed as costs of the Work: 1 Compensation for Design-Builder’s personnel stationed at Design-Builder's principal or branch offices, except as provided for in Sections 6.3.1, 6.3.2 and 6.3.3 hereof. .2 Overhead and general expenses, except as provided for in Section 6.3 hereof. ‘The cost of Design-Builder’s capital used in the performance of the Work. Costs that would cause the GMP, the Design Builder's Contingency, or any NTE ‘or Lump Sum Amount, as adjusted in accordance with the Contract Documents, to be exceeded n During Project Phases. ion Period <1 Compensation. During the Validation Period, the Design Builder shall be Compensated for the following a. The Cost of the Work set forth in Section 6.3; b. That portion of the Lump Sum Fee and Lump Sum General Conditions Costs pursuant to the Schedule of Values provided by the Design-Builder and based on the percentage of the Scope of the Work that has been completed.; c. Any Lump Sums established pursuant to Section 6.4.3; and d. Contingency Items charged under Section 6.4.4. .2__ Validation Period Not to Exceed Amount. Design-Builder guarantees that its Compensation during the Validation Period shall not exceed the Validation Period Not to Exceed Amount ("Validation NTE") of Two Hundred Fifty Thousand Dollars ($250,000) Documents used as a basis for the Validation NTE shall be identified in Exhibit C to this Agreement. Design-Builder agrees that it will be responsible for paying all costs of completing the Work which exceed the Validation NTE, as adjusted in accordance with the Contract Documents. -3. The Validation NTE includes the Design-Builder’s Contingency in the amount of Zero Dollars ($0, ) 4 GMP Proposal. At the conclusion of the Validation Period, Design-Builder shall ‘submit a GMP Proposal to Owner which shall include the following, unless the parties mutually agree otherwise: EIA Document No. 690 Page 12 Standard Form of Agreement Between Owner and Design-Bullder- Cost Plus Fee with an Option for a GMP (© 2010 Design-Build nsitute of AmericaA proposed GMP which shall not exceed the GMP set forth in Section 6.1.1, unless the Owner agrees in writing. The proposed GMP which shall be the ‘sum of i. Design-Builder's Lump Sum Fee as defined in Section 6.2.1; ‘The estimated Cost of the Work as defined in Section 6.3 hereof; |. Contingency Items charged under Section 6.4.4; iv. The Lump Sum General Conditions Costs as defined in Section 6.2.3; and v. If applicable, any Lump Sum established by the Parties pursuant to Section 6.4.3. The Basis of Design Documents; A list of the assumptions and clarifications made by Design-Builder in the preparation of the GMP Proposal, which list is intended to supplement the information contained in the drawings and specifications and is specifically included as part of the Basis of Design Documents; ‘The Scheduled Substantial Completion Date and Milestone Dates upon ‘which the proposed GMP is based and a schedule upon which the ‘Scheduled Substantial Completion Date and Milestones Dates is based; e. If applicable, a list of Allowance Items, Allowance Values, and a statement of their basis; If applicable, a list of NTES and the information required pursuant to Section 6.4.2 above; If applicable, a list of Lump Sums and the information required pursuant to Section 6.4.5 above; h. applicable, a schedule of unit prices; i A Schedule of Values for the Project; and ‘The time limit for acceptance of the GMP Proposal. .5 Submission of the GMP Proposal. Submission of the GMP Proposal Constitutes Design-Builder’s representation and agreement that the Project is adequately defined, that the Basis of Design Documents are sufficiently defined to provide an accurate Contract Price, and that the Project is sufficiently clear and understandable for the Design-Builder to perform the Work in accordance with the Contract Documents for an amount that will not exceed the GMP. .6 _ Review and Adjustment to GMP Proposal. After submission of the GMP Proposal, Design-Builder and Owner shall meet to discuss and review the GMP Proposal. if Owner has any comments regarding the GMP Proposal, or finds any inconsistencies or inaccuracies in the information presented, it shall promptly give written notice to Design-Builder of such comments or findings. If appropriate, Design-Builder shall, upon receipt of Owner's notice, make appropriate adjustments to the GMP Proposal. BIA Document No, 630 Page 13 Standard Form of Agreement Between Owner and Design-Bullder -Cost Plus Fee with an Option for a GMP (© 2010 Design-Build nsitute of America7 Acceptance of GMP Proposal. If Owner accepts the GMP Proposal, as may be amended by Design-Builder, the GMP and its basis shall be set forth in the GMP ‘Amendment. Execution of the GMP Amendment constitutes Design-Builder’s representation and agreement that the Project is adequately defined, that the Final Basis of Design Documents are sufficiently defined to provide an accurate Guaranteed Maximum Price, and that the Project is sufficiently clear and understandable for the Design-Builder to perform the Work in accordance with the Contract Documents for an ‘amount that will not exceed the GMP. 8 __ Failure to Accept the GMP Proposal. If Owner rejects the GMP Proposal, or fails to notify Design-Builder in writing on or before the date specified in the GMP Proposal that it accepts the GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such event, Owner and Design-Builder shall meet and confer as to how the Project will proceed, with Owner having the following options: a. Owner may suggest modifications to the GMP Proposal, whereupon, if such modifications are accepted in writing by Design-Builder, the GMP Proposal shall be deemed accepted and the parties shall proceed in accordance with Section 6.6.1.3 above; b. Owner may authorize Design-Builder to continue to proceed with the Work on the basis of reimbursement as provided in Section 6.1 hereof without a GMP, in which case all references in this Agreement to the GMP shall not be applicable; however, Design-Builder may not exceed any NTE or Lump Sum that may be established between the Parties; or ¢. Owner may terminate this Agreement for convenience in accordance with Article 8 hereof, provided, however, in this event, Design-Builder shall not be entitled to the payment provided for in Section 8.2 hereof. .7____ Performance of Work After Submission of GMP Proposal. The Design- Builder shall not perform any Work after the submission of the GMP Proposal until the Owner has approved and signed the GMP Proposal unless the Design-Builder obtains the Owners prior, written consent to perform such Work and only to the extent that such Work is expressly described in writing in such written consent. 66.2 Post GMP Period. 4 Compensation. During the Post GMP Period, the Design Builder shall be ‘compensated for the following, all subject to the GMP: a. The Cost of the Work set forth in Section 6.3; b. _Design-Bullder’s Lump Sum Fee established pursuant to Section 6.2.1: Any Lump Sums established pursuant to Section 6.4.3; 4. Contingency Items charged under Section 6.4.4; and €. _Design-Builder's Lump Sum General Conditions Costs established Pursuant to Section 6.2.3; .2___ GMP The total compensation paid to Design-Builder for this Project shall not exceed the GMP, as amended pursuant to this Contract. By agreeing to the GMP ‘Amendment, the Design-Builder understands that if the Work cannot be completed for the agreed GMP, any additional costs shall be the responsibility of the Design-Builder, BIA Document No, §30 Page 14 Standard Form of Agreement Between Owner and Design-Builder- Cost Plus Fee with an Option for a GMP (© 2010 Design-Build institute of AmericaTA 72 73 and Design-Builder hereby assumes liability for such costs without reimbursement by the Owner. 6.6.4 Savings. 1__Ifthe sum of the actual Cost of the Work and Design-Builder's Fee (and, if applicable, any prices established under Section 6.1.2 hereof) is less than the GMP, as ‘such GMP may have been adjusted over the course of the Project, the difference (‘Savings*) shall go to 100% to the Owner. Article 7 Procedure for Payment Progress Payments. 74 Design-Builder shall submit to Owner on the twenty fifth (25th) day of each month, beginning with the first month after the Date of Commencement, Design-Builder’s Application for Payment in accordance with Article 6 of the General Conditions of Contract. 7.4.2. Owner shall make payment within thity (30) days after Owner's receipt of each properly submitted and accurate Application for Payment in accordance with Article 6 of the General Conditions of Contract, but in each case less the total of payments previously made, and less amounts properly withheld under Section 6.3 of the General Conditions of Contract. 7.4.3 If Design-Bullder’s Fee under Section 6.2.1 hereof is a fixed amount, the amount of Design-Builder's Fee to be included in Design-Builder’s monthly Application for Payment and paid by Owner shall be proportional to the percentage of the Work completed, less payments previously made on account of Design-Builder’s Fee. Retainage on Progress Payments. 7.2.4 The Owner will withhold retainage pursuant to RCW Chapter 60.28, and Owner shall release such retainage pursuant to state law. Pursuant to RCW Chapter 60.28, the Design- Builder may submit a bond in lieu of the retainage that the Owner would otherwise Keep under the terms of this Contract and pursuant to applicable law. Any such bond submitted in lieu of retainage must be on the form approved by the Owner. In the event the Design-Bullder fails at any time to pay persons protected under RCW Chapter 60.28 or the Owner has reason to believe that the Owner or other obligee under the bond has a claim against the retainage or for other ‘good cause, the Owner may, at its option, resume retaining from monies eared by the Design- Builder in such amount as it would otherwise be entited to retain had the bond not been ‘accepted. Notwithstanding the Owner's resuming such retainage, said bond shall remain in full {force and effect to the extent of its penal sum, limited to the amount of retainage released to the Design-Builder. After the Design-Builder has paid protected persons or otherwise cured any default, the Owner may, at its option, again release retainage pursuant to the terms of the bond. Final Payment. Design-Builder shall submit its Final Application for Payment to Owner in accordance with Section 6.7 of the General Conditions of Contract. Owner shall make payment on Design-Builder’s properly submitted and accurate Final Application for Payment pursuant and subject to RCW Chapter 60.28 and RCW Chapter 39.08 and all applicable laws and regulations, provided that Design-Builder has satisfied the requirements for final payment set forth in Section 6.7.2 of the General Conditions of Contract. DDBIA Document No. 530 Page 15 ‘Standard Form of Agreement Between Owner and Design-Builder - Cost Plus Fee with an Option for a GMP (© 2010 Design-Build Instte of America7.4 _ Interest. Payments due and unpaid by Owner to Design-Bullder, whether progress payments or final payment, shall bear interest commencing five (5) days after payment is due at the rate of twelve percent (12%) per year unti pai. 7.5 Record Keeping and Finance Controls. Design-Builder acknowledges that this Agreement is to be administered on an “open book" arrangement relative to Costs of the Work. Design-Builder shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management, using accounting and control systems in accordance with generally accepted accounting principles and as may be provided in the Contract Documents. During the performance of the Work and for a period of six (6) years after Final Payment, Owner, Owner's accountants, the Washington State Department of Commerce and the Washington State Auditor shall be afforded access to, and the right to audit from time-to-time, upon reasonable notice, Design-Builder's records, books, correspondence, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the Work, all of which Design-Builder shall preserve for a period of six (6) years after Final Payment. Such inspection shall take place at Design-Builder’s offices during normal business hours unless another location and time is agreed to by the parties. Any multipliers or markups agreed to by the Owner and Design-Builder as part of this Agreement are only subject to audit to confirm that such multiplier or markup has been charged in accordance with this Agreement, with the composition of such multiplier or markup not being subject to audit Article 8 Termination for Convenience 8.4 Upon ten (10) days’ written notice to Design-Builder, Owner may, for its convenience and without cause, elect to terminate all or a portion of this Agreement. In such event, Owner shall pay Design-Builder for the following! 8.1.1 All Work executed and for proven loss, cost or expense in connection with the Work; 8.1.2 The reasonable costs and expenses attributable to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; and 8.1.3 That portion of the Design-Builder's Lump Sum Fee and Lump Sum General Conditions Costs that corresponds with the percentage of Work complete. 8.2 If Owner terminates this Agreement pursuant to Section 8.1 above and proceeds to design and ‘construct the Project through its employees, agents or third parties, Owner's rights to use the Work Product shall be as set forth in Section 4.3 hereof. Such rights may’ not be transferred or assigned to others without Design-Builder's express written consent and such third parties’ agreement to the terms of Article 4 Article 9 Representatives of the Parties 9.4 Owner's Representatives. 9.4.4 Owner designates the individual listed below as its Senior Representative (‘Owner Senior Representative’), which individual has the authority and responsibilty for avoiding and resolving disputes under Section 10.2.3 of the General Conditions of Contract: (identity individual's name, te, ‘eres and telephone numbers) ‘DBIA Document No. 530 Page 16 ‘Standard Form of Agreement Between Owner and Design-Bullder - Cost Plus Fee with an Option for a GMP (© 2010 Design-Buid Institute of America92 10.4 Leroy Eadie Director of the City of Spokane Parks and Recreation Division 5” Floor City Hall 808 W. Spokane Falls BIvd ‘Spokane, WA 99201 94.2 Owner designates the individual listed below as its Owner's Representative, which individual has the authority and responsibilty set forth in Section 3.4 of the General Conditions of Contract: (tent navidvas name, tt, ederess ad tlphone rumbers) Matthew Walker Hill International 818 W. Riverside Ave., Suite 530 Spokane, WA 509-747-8031 matthewwalker@hillintl.com Design-Builder’s Representative 9.2.1 Design-Builder designates the individual listed below as its Senior Representative (‘Design-Builder’s Senior Representative"), which individual has the authority and responsibilty, for avoiding and resolving disputes under Section 10.2.3 of the General Conditions of Contract: (identity individuals name, tile, address and telephone numbers) Clancy Welsh Garco Construction Inc. 4114 E. Broadway ‘Spokane, WA 99202 509-535-1384 Clancy@garco.com 9.2.2 Design-Builder designates the individual listed below as its Design-Builder's Representative, which individual has the authority and responsibility set forth in Section 2.1.1 of the General Conditions of Contract: (dentfy nividua's name, tte, address and telephone numbers) Clancy Welsh Garco Construction Inc. 4114 E. Broadway Spokane, WA 99202 509-535-1384 Clancy@garco.com Article 10 Bonds and Insurance Insurance. Design-Builder and Owner shall procure the insurance coverages set forth in the Insurance Exhibit attached hereto and in accordance with Article 5 of the General Conditions of Contract. BIA Document No, 630 Standard Form of Agreement Between Owner and Design Bull © 2010 Design-Build Insitute of America10.2 Bonds and Other Performance Security. Upon execution of this Agreement, Design-Builder shall provide a performance and a labor and material bond, pursuant to RCW Chapter 39.08, equal to fone hundred percent (100%) of the Validation NTE in the form set forth as Exhibit 8, Upon execution of the GMP Amendment, Design-Builder shall provide a performance and labor and material bond, pursuant to RCW Chapter 39.08, equal to one hundred percent (100%) of the GMP in the form set forth as Exhibit B. Other Provisions 11.4 Other provisions, if any, are as follows: (Insert any adeitiona provisions) 11.2 Wages. 11.2.4 The Design-Builder and its Subcontractors, Consultants and Sub-Consuttants shall pay all laborers, workmen, or mechanics employed by it or them in the performance of this Contract the applicable state prevailing wage rate required by (RCW Chapter 39.12). The schedule of prevailing wage rates for the locality or localities of the Work is determined by the Industrial Statistician of the Department of Labor and Industries. It is the Design-Builder's responsibilty to verify the applicable prevailing wage rate, 11.2.2 Before payment is made by the Owner to the Design-Builder for any Work performed by Design-Builder or any Subcontractor, Consultant or Sub-Consultant whose work is included in the application for payment, the Design-Builder shall submit, or shall have previously submitted, to the Owner a Statement of intent to Pay Prevailing Wages, approved by the Department of Labor and Industries, certifying the rate of hourly wage paid and to be paid each classification of employees, laborers, workers, or mechanics employed for the Work by Design-Builder, Consultants, Subcontractors and Sub-Consultants. The "Statement of Intent to Pay Prevailing ‘Wages' shall include: (1) the Design-Builder’s registration number, and (2) the prevailing wages under RCW 39.12,020 and the number of workers in each classification. Each voucher claim submitted by the Design-Builder for payment on a project estimate shall state that the prevailing ‘wages have been paid in accordance with the prefiled statement or statements of intent to pay prevailing wages on file with the Owner. 14.2.3. Design-Builder and each Subcontractor required to pay the prevailing rate of wages shall post in a location readily visible at the job site: (1) a copy of a "Statement of Intent to Pay Prevailing Wages” approved by the industrial statistician of the Department of Labor and Industries; and (2) the address and telephone number of the industrial statistician of the Depart- ment of Labor and Industries where a complaint or inquiry concerning prevailing wages may be made, 11.2.4 Prior to release of the retainage, the Design-Builder shall submit to the Owner an Affidavit ‘of Wages Paid, approved by the Department of Labor and Industries, for the Design-Builder and every Consultant, Sub-Consultant, and Subcontractor of any tier that performed work on the Project. 11.2.5. Disputes regarding prevailing wage rates shall be referred for arbitration to the Director of the Department of Labor and Industries. The arbitration decision shall be final and conclusive and binding on all parties involved in the dispute as provided for by ROW 39.12.060. 14.2.6 Each Application for Payment submitted by Design-Builder shall state that prevailing wages have been paid in accordance with the prefiled statement(s) of intent, as approved Copied of the approved intent statements(s) shall be posted on the job site with the address and telephone number of the Industrial Statistician of the Department of Labor and Industries where a complaint or inquiry concerning prevailing wages may be made. ‘DBIA Document No. 530 Page 18 ‘Standard Form of Agreement Between Owner and Design-Bullder - Cost Plus Fee with an Option for a GMP (© 2010 Design-Build Instute of America13 116 uz 18 11.2.7 In compliance with WAC Chapter 296-127, Design-Builder shall pay to the Department of Labor and Industries the currently established fee(s) for each statement of intent andlor affidavit, of wages paid submitted to the Department of Labor and Industries for certification. 11.2.8 Consistent with WAC 296-127-320, the Design-Builder and all Consultants, Sub- Consultants and Subcontractors shall submit a certified copy of payroll records if requested. Hours of Labor 11.3.1. Design-Builder shall comply with applicable provisions of RCW Chapter 49.28, and such provisions are incorporated herein by reference. 11.3.2. RCW 49.28 permits entities performing public works contracts to enter into an agreement where employees work up to ten hours in a calendar day, subject to the provisions of the statute No such agreement may provide that employees work ten-hour days for more than four calendar days a week. Any such agreement is subject to approval by the employees. Off Site Prefabricated Items. 11.4.1 In accordance with RCW 39.04.370, Design-Builder shall submit certain information about off-site, prefabricated, nonstandard, project specific items produced under the terms of the contract and produced outside Washington as a part of the Affidavit of Wages Paid form filed with the Washington State Department of Labor and Industries. Nondiscrimination. 11.5.4._No individual shall be excluded from participation in, denied the benefit of, subjected to discrimination under, or denied employment in the administration of or in connection with this ‘contract because of age, sex, race, color, religion, creed, marital status, familial status, sexual orientation, national origin, honorably discharged veteran or military status, the presence of any ‘sensory, mental or physical disability, or use of a service animal by a person with disabilities Business Registration Requirement. 11.6.1. Design-Builder represents and warrants that it and all of its subconsultants, subcontractors and suppliers are property licensed to perform the work for which they are contracted and have all applicable business licenses, including but not limited to any licenses or registrations required by the State of Washington and Section 8.01.070 of the Spokane Municipal Code, as well as any other regulatory authority. Design-Builder shall be solely responsible for contacting the State of Washington Business License Services at http://bls.dor.wa.aov or 1-800- 451-7985 to obtain a business registration. Contractor's Registration Requirement. 11.7.1 Design-Builder represents and warrants that it and all of its subconsultants, subcontractors and suppliers performing construction work are properly licensed pursuant to RCW 39,06.010. Apprenticeship Program 11.8.1 All Contractors and subcontractors are required to comply with the Spokane Municipal Code (SMC). In accordance with Article X, 7.06 SMC, Public Works Apprentice Program, for public works construction projects as defined in RCW 39.04.010 with an estimated cost of six hundred thousand dollars ($600,000.00) or more, at least fifteen (15%) percent of the total contract labor project (all contractor and subcontractor hours) shall be performed by apprentices. enrolled in a state-approved apprenticeship program, BIA Document No, 530 Paget Standard Form of Agreement Between Owner 1d Design-Bullder - Cost Plus Fee with an Option for a GMP (© 2010 Design-Buld institute of America1, The utilization percentage requirement of apprenticeship labor for public works construction contracts shall also apply to all subcontracts which value exceeds one hundred thousand dollars ($100,000), provided there isa state-approved apprenticeship program for the trade for which a subcontract is issued (see, SMC 7.06.510). 2, Each subcontractor which this chapter applies is required to execute a form, provided by the city, acknowledging that the requirements of Article X 07.06 SMC are applicable to the labor hours for the project. 3. Each subcontractor is required to submit by the 1th of each month, a City of Spokane Statement of Apprentice/Journeyman Participation form for worked performed the previous month, 11.9 Anti-Kickback 11.9.1. No officer or employee of the City of Spokane, having the power or duty to perform an official act or action related to this contract shall have or acquire any interest in the contract, or have solicited, accepted or granted a present or future ait, favor, service or other thing of value from or to any person involved in the contract. In executing this Agreement, Owner and Design-Builder each individually represents that it has the necessary financial resources to fulfil its obligations under this Agreement, and each has the necessary corporate approvals to execute this Agreement, and perform the services described herein. OWNER: (, (fy lates: (ame of Omer) (Signatur (Pinted Name) 7 DIRECTOR . Title) Date: Caution: An original DBIA document has this caution printed in blue. This is a Rr an original assures that changes will not be obscured as may occur whet teproduced. to form: a A Js Fasiant Oy Atomey Wmartcig OF 27) cen oinarn aa Standard Form of Agreement Between Owner and Design-Builder - Cost Plus Fee with an Option for a GMP (© 2010 Design-Build institute of AmericaDBIA 7 OPR 2017-0573 Exhibit A- DBIA 530 Insurance Exhibit Design-Builder’s Insurance Requirements 1.0 Insurance Types and Limits 1.4. _Design-Builder shall purchase and maintain insurance of the types, with limits of liability, ‘containing such endorsements and subject to such terms and conditions, as follows as well as Article 5 of the General Conditions of Contract: wauran ‘Minimamy Limits Required | Minimum Limits Required | — Waximum ive cf neieance) Per Claim/Occurrence_| Aggregate Policy Limits | Deductible 7 Workers Compensation 4,000,000 1,000,000 2: Enpoers bity (Soave | soon, 00 ania aren 2. By Disease $7,000,000 $2,000,000 $60,000 . Each Accident $1,000,000 $2,000,000 60,000 ©. Each Employee $1,000,000 $2,000,000 $80,000 3: Commercial General Labi $1,500,000 $2,000,000 $50,000 @. BodiyinjuryProperty Damage per oly Tjury Prog $1,000,000 $2,000,000 $80,000 B. BodlyInuryiPropery Damage Boal Inuy/Pror $1,000,000 $2,000,000 $80,000 ProductsiCompleted Operation jositsioor pt $1,000,000 $2,000,000 $80,000 & Personal and AaverisingTiuyy | $4,090,000 $2,000,000 $60,000 ‘@. Medical Expense Limit (any one paaeal $10,000 $ s 7 Contractor's Protective Lali (F applicable) (Can be incuded im General | $1,000,000 $1,000,000 80,000 abit) 5. Commercial Automobile Liability ‘$1,000,000 ‘$1,000,000 ‘$50,000 6. Professional Errors and Omissions pursuant to Secon 13 below (per $2,000,000 $8,000,000 25,000 Claimaggrepat) 7. Contractors Potion Liabltyncudng coverage for microbial matter (if applicable) | © 1500,000 $2,000,000 $25,000 @ Umbrela Excess Labity Insurance | $000,000 $5,000,000 3 8. Other Coverages Required on a Prowect | s : Spocife Bais (e.g, Arcraf iabity1.2 The insurance required by this Section 1 shall be written for not less than limits of lability specified in the table above or required by law, whichever coverage is greater. Coverages, shall be written on an occurrence basis, shall be maintained without interruption from date of commencement of the Work until date of Final Payment and thereafter as required below. 13 BI The requirement fr professional liablity coverage on this Project shall be the standard form practice poly provided by the Design-Builer and the Design Consultant. Design- Buller shall provide Owner wih rior writen notice of any cancelation or non-renewal of the Design-Gulder's or Design Consutant's practee poly and shall incude In the Design Consultant Agreement a provision requiring the Design Consultant to give the Design-Bullder 15 Days writen notice of any cancellation or non~enewl.. The Design Consultant’ practice policy must: (a) permit reporting of crcumstances that could give tise to a claim; and (b) provide coverage for post-expiration claims resulting from such circumstances. 1.4 Any coverage required to be maintained after Final Payment shall be identified below. Term _of insurance coverage: Design-Builder shall maintain the following insurance coverage “during the Work and for six years after Final Acceptance, including insurance coverage during the performance of any corrective Work, 1. General Liability Insurance: Commercial General Liability (CGL) on an Occurrence Form. Coverage shall include, but not be limited to: a. Premises/operations liability; b. Completed operations/products liability; c. _Explosion, collapse, and underground property damage; 4 Employer's liabilty/Stop Gap coverage; @ _ Independent Contractor's Liabilty; and f. — PersonaliAdvertising Injury. 2. Automobile Liability Insurance 3. Professional Liability Coverage, 1.5 Owner shall obtain Course of Construction (commonly referred to “Builder's Risk’) insurance in ‘an amount equal to the full insurable value of the Work inclusive of earthquake and flood, subject to ‘deductibles, not to exceed $10,000 as determined by Owner. Design-Builder shall be responsible to pay the insurance deductible, Notwithstanding the above, Design-Builder shall guard against the peris of fire ‘and physical loss or damage from theft, vandalism, malicious mischief, collapse, false work, including loss ‘or damage to temporary buildings, equipment, materials or other items placed at the Project site, Design- Builder prior to commencing construction activities shall provide Owner with a Security Plan for review ‘and approval in Owner's reasonable discretion, 2.0 Endorsements and Certificates 2.4. Commercial General Liability Insurance shail be written on an occurrence basis, utlizing standard 1SO unmodified coverage form or equivalent. Endorsements excluding, restricting, or limiting coverage may be acceptable under certain circumstances provided the same are agreed upon by Owner and Design-Builder. For example, Nuclear Energy Exclusions and those Exclusionary Endorsements relating to Pollutants, Asbestos, Lead, etc. may be acceptable depending on project parameters and the grant ofcoverage that is provided for such exposures under the Professional Liability and Contractors Pollution Liability policies. 22 General Liabiity, Automobile Liability, Employers Liability and Umbrella Excess Liability policies shall each include the following endorsements: 11 Unintentional Errors and Omissions Endorsement ‘2. Notice of Occurrence Endorsement -3_ Knowledge of Occurrence Endorsement 2.3 Commercial Automobile Liability coverage shall be provided by standard ISO Commercial ‘Automobile or Truckers Policy covering all Owned, Non-Owned and Hired Vehicles with an MCS 90 ‘endorsement and a CA 9948 endorsement attached if “pollutants” are to be transported. 2.4 Umbrella/Excess Liabilty must schedule Commercial General Liability, Automobile/Truckers. Liability, Contractor's Protective Liability, Professional Liability and Employers Liability as underlying policies. The Umbrella/Excess Liability policies shall be written in accordance with the scheduled underlying policies and must be as broad as the underlying policies. The limits for any of the underlying policies may be met with an UmbrellalExcess policy, provided that the total amount of coverage remains the same, 2.5 Contractors Pollution Liability shall elther be written on an occurrence or claims-made basis. If ‘coverage in whole or in partis written on a claims-made basis, the policy must: (a) permit reporting of circumstances that could give rise to a claim; and (b) provide coverage for post-expiration claims resulting from such circumstances, 2.5.1 The policy is to provide coverage for off-site Transportation by all applicable modes of conveyance. When required, coverage is also to be provided for claims involving materials removed from the site and brought to off-site Disposal, Treatment and Storage faciliies.. 2.52 Any restriction, limitation, or exclusion related to Naturally Occurring Substances must be ‘modified so as not to apply to the release of such Naturally Occurring Substances as a result of the performance of Operations. 2.6 if any insurance policy is written on a claims made basis, its retroactive date, and that of all ‘subsequent renewals, shall be no later than the effective date of the Contract. The policy shall state that coverage is claims made, and state the retroactive date. Claims made form coverage shall be maintained by the Design-Builder and/or any Subconsultants or Subcontractors for a minimum of 36 months following the Final Compietion or earlier termination of this Contract, and the Design-Builder shall annually provide the Owner with proof of renewal. If renewal of the claims made form of coverage becomes unbailable or ‘economically prohibitive, the Design-Builder shall purchase an extended reporting period or execute another form of guaraniee acceptable to the Owner to assure financial responsibilty for liability for services performed. 2.7 The insurance policies shall contain a “cross liability’ vision. 3.0 Additional Insureds 3.4 Owner and its consultants and elected officials, officers, directors and employees shall be included as an additional insured on builder's risk, general liability, umbrella and automobile liability policies of insurance of the Design-Builder and its Subcontractors and Design Consultants at any tier (as applicable). if required, as set forth above, Owner shall also be included as an additional insured on the Design-Builder’s Contractor's Pollution Liability policy of insurance. Any coverage granted to an ‘additional insured shall be primary and that coverage independently carried by an additional insured shall ‘not contribute. Design-Bullder shall furnish to Owner a copy of all Certificates of Insurance showing the ‘Owner as additional insured as set forth above. Design-Builder shall require Subcontractors and Design Consultants of any tier to furnish such certificates, and upon request of the same will furnish them to the (Owner. Owner shall not be an additional insured on any other of Design-Builder's policies except for those which are specifically listed below:3.2, Additional insured coverage provided under the Commercial General Liability Umbrella/Excess and, if applicable, Design-Bullder’s Contractor's Pollution Liability policies, shall cover both the premises/operations and completed operations hazards. 40 Terms and Effective Dates 44 See section 2.1, above 42 Ifthe Contractor's Pollution Policy is made on a claims-made basis, the policy date or Retroactive Date shall predate the Agreement. The termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverages required to be maintained after final Payment is made. 4.3 Professional Liabilly coverage shall be retroactive to the date that professional services first ‘commenced, 4.4 _ If the Professional Liability coverage is provided on a Project specific basis it shall include an extended reporting period of 3 years beyond the date for Substantial Completion of the Project unless. otherwise specified.OPRZ017-0375 RFQ 4318-17 Pavilion Project Exhibit B CITY OF SPOKANE FORM OF PERFORMANCE AND PAYMENT BOND FOR DESIGN-BUILD PROJECTS DESIGN-BUILDERIPRINCIPAL: ‘SURETY: (ame and ores) (ame and contac information) ‘OWNERIOBLIGEE: PROJECT: City of Spokane, WA City of Spokane 808 West Spokane Falls Blvd Pavilion Project ‘Spokane, WA 99201 DESIGN-BUILD AGREEMENT: BOND DATE: (Wot earr than to of Design Bud Agrooment) BOND AMOUNT: $14,500,000 Dated: ‘Amount: MODIFICATIONS TO THIS BOND: (Uist madestons to tis Band below. none, wate None’) PagetBOND TERMS AND CONDITIONS 1. Binding Effect. The Design-Builder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Design-Build Agreement, which Is Incorporated herein by reference. The Design-Builder and Surely, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay for labor, services, materials and equipment furnished by Claimants for use in the performance of the Design-Build Agreement, which is incorporated herein by reference. Intent of Bond. Ifthe Design-Builder performs its obligations under the Design-Build Agreement ppromplly makes payment of all sums for all labor, services, materials, and equipment furnished for use in the performance of the Design-Build Agreement, then the Surely’s obligations under this Bond are null and void, except to participate in meetings as provided in this Performance and Payment Bond. Otherwise the Surety's obligations shall remain in full force and effect. Waiver of Notice. The Surety hereby waives notice of changes to the Design-Build Agreement, including changes within the general scope, or of time or price, or to related subcontracts or purchase orders. PERFORMANCE BOND 4.4 Owner's Obligations. If there is no default in Owner’s obligations under the Design-Build ‘Agreement, then the Surely’s obligation under this Bond shall arise after the following steps have been taken by Owner, as a condition precedent to a Bond claim: 4.4.4. The Owner has first provided written notice to the Design-Bullder and Surety at the addresses listed on page 1 of this Bond, that Owner is considering declaring the Design-Builder in default and has requested and attempted to arrange a meeting with the Design-Bullder and Surety, to be held not later than fourteen (14) days atter receipt of Owner's notice, to discuss methods of performing the Design-Bullder’s obligations under the Design-Build Agreement. if the Owner, Design-Builder and Surety agree, the Design-Builder shall be allowed a reasonable time to perform its obligations under the Design-Build Agreement, but such an agreement shall not waive the Owners right, if any, subsequently to deciare the Design-Builder in default 4.4.2 The Owner dectares the Design-Builder to be in default, terminates the Design- Build Agreement and notifies the Surety in writing; and The Owner has agreed to pay the balance remaining under the Design-Build ‘Agreement (ie., the total amount payable by the Owner to the Design-Builder thereunder less amounts properly paid by the Owner to the Design-Builder, the “Contract Balance’) to: a) The Surety, in accordance with the terms of the Design-Build Agreement; b) Another design-builder selected pursuant to Section 4.1.3 to perform the remaining obligations under the Design-Build Agreement. 4.2 Surety's Obligations. When Owner has satisfied the conditions of Section 4.1, the Surety shall promptly take one of the following actions, at the Surety's expense: 42.1 Arrange for the Design-Bullder to perform and complete the remaining ‘biigations under the Design-Build Agreement, with consent of Owner; 4.2.2 Undertake to perform and complete the remaining obligations under the Design- Bulld Agreement itself, through its agents or through independent contractors; Page 2 Performance and Payment Bond for Design-Build Projects42.3 Obtain bids or negotiated proposals from qualified design-builders acceptable to ‘Owner for a contract for performance and completion of the Design-Build ‘Agreement, arrange for a contract to be prepared for execution by Owner and a design-builder selected with Owner's concurrence, to be secured by performance and payment bonds equivalent to those for the Design-Build Agreement, issued by a qualified surely. The Surety shall: a. make available as Work progresses. sufficient funds to pay the cost of complation of the Design-Build Agreement; ‘and, b. pay to Owner the amount of damages as described in Section 4.4; 42.4 Waive its right to complete the Work under Sections 4.2.2 or 4.2.3, and reimburse the Owner the amount of its reasonable costs to complete the Work; 4.2.5 Deny liability, in whole or in part, and notify the Owner in writing, citing reasons therefor. 4.3 Owner's Rights. If the Surety does not proceed as provided in Section 4.2 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven (7) days after receipt of an additional writen notice from the Owner to the Surety demanding that the Surety Perform its obligations under this Bond and stating that the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 4.2.4, and the Owner refuses the payment, or the Surety has denied liability, in whole or in part, under Section 4.2.5, the Owner shall be entitled without further notice to enforce any remedy available to it 4.4 Damages Covered Under the Performance Bond. in any event, the Surety’s obligations to the Owner, and the Owner's obligations to the Surety, shall not be greater than those of the ‘Owner and Design-Builder to each other, respectively, under the Design-Build Agreement. ‘Subject to commitment by Owner to Payment of the Contract Balance, the Surety is obligated without duplication for: 444 The responsibilities of Design-Builder for correction of defective Work and ‘completion of the Project; 442 Additional legal, design professional and delay costs resulting from Design- Builder's default, and resulting from the actions or failure to act of Surety under Section 4.2; and’ 44.3 Liquidated damages, or if no liquidated damages are specified in the Design- Build Agreement, actual damages caused by delayed performance or non- performance of Design-Builder. 4.5 Performance Bond Liability. If the Surety elects to act under Sections 4.2.1, 4.2.3 or 4.2.4, the Surety's total liability shall not exceed the Bond Amount. 4.5 Tho Surety shall not be liable to the Owner or others for obligations of the Design-Builder that are unrelated to the Design-Build Agreement, and the Contract Balance shall not be reduced or set off on account of any such unrelated obligations. 5. PAYMENT BOND 5.1 Notice of Claim. Every Claimant who has not been paid in full before the expiration of a period of ninety (90) days after such Claimant provided or performed the last of the work, services or labor, or furnished the last of the materials or equipment for which said claim is made, may have a right of action on this Bond. 5.1.1 Claimants shall provide written notice to the Surety and send a copy, or notice thereof, to Owner and Design-Builder, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim, and the last Page 3 Performance and Payment Bond for Design-Build Projectsdate such work, services or labor were performed, or the last materials or ‘equipment were furnished in furtherance of the Design-Build Agreement. 5.1.2 If Claimant doos not have a direct contract with Design-Builder, the notice shall identify the person or entity with whom Claimant contracted and who has not made payment to Claimant. 5.2 Surety's Obligations. When a Claimant has satisfied the conditions of Section 5.1, the Surety shall promptly take the following actions at the Surety's expense: 5.2.4 Send an answer to that Claimant, with a copy to the Owner and Design-Builder, within sixty (60) days after receipt of the claim, stating the amounts that are Undisputed and the basis for challenging any disputed portions or amounts. 5.2.2 Pay or arrange for payment of any undisputed amounts. 5.3 Bond Liability. The Surety’s total obligation shall not exceed the Bond Amount, plus the amount of reasonable attomey's fees provided for herein. 5.3.4 If the Surety fails to discharge its obligations under Sections 5.2.1 or 5.2.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees’ the Claimant incurs thereafter to successfully recover any sums found to be due and ‘owing to the Claimant. If Claimant does not recover the entire amount claimed in its notice under Section 3, then such attorney's fees shall be reduced in proportion to the amount actually recovered. 5.3.2 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Design-Builder that are unrelated to the Design-Build Agreement, and the Contract Balance shall not be reduced or set off on account of any such Unrelated obligations, ‘Beneficiaries. No right of action shall accrue on this Bond to any person or entity other than (Owner oF its heirs, executors, administrators, or successors, unless some other party is named in this Bond as a dual obliges. Dispute Resolution. All disputes related to this Bond shall be instituted in any court of competent jurisdiction in the location in which the Project is located and shall be commenced within two (2) years after: a. the Owner declares the Design-Builder in default under Section 4.1.2 or there is a Notice of Claim under Section 5.2; or, b. Substantial Completion of the Project, whichever occurs first. If the provisions of this Section are prohibited by law, the minimum period of limitation available to sureties in the jurisdiction in which the Project is located shall be applicable. 7.1 In the event of bankruptcy of the Design-Builder, the Surety agrees that the Design-Builder is. not a necessary or indispensable party to any legal action by Owner against Surety to enforce the Surety’s obligations under this Bond. Notice. Unless otherwise noted below, written notice under this Bond to Surety, Owner or Design-Builder shail be mailed or delivered electronically or by hard mail to the contact information shown on page 1. (List any atornato contact intrmation below for notice fo the Suey of any elim on thi Bond. f none, then use the ‘contac formation on page 1) For Claims on this Bond: (chock appropiate box) 1 Use the contact information shown on page 1; or 1c Use the following alternate contact information: (in Surety cums administrator contact information botow) Performance and! Page # yyment Bond for Design-Build Projects10. n. ‘Statutory Compliance. If this Bond has been furnished to comply with a statutory requirement in the location where the Project is located, then any provision herein that conflcts with a statutory requirement shall be deemed deleted and replaced by provisions conforming to such statutory requirement. The intent is that this Bond shall be construed as a statutory bond conforming to the applicable statutes. Warranty Obligation. The Surety’s obligations to the Owner for warranties of the Design-Builder shall be the same as those required of the Design-Builder under the Design-Build Agreement, subject to the time limitation in Section 7. Unless otherwise stated below, the Surety’s obligation for such warranties excludes: a) products, materials or equipment covered by a manufacturer's Separate warranty; and b) claims by the Owner first noticed to Surety in writing more than one year after the effective date of such warranty as specified under the Design-Bulld Agreement. (List below any exceptions tothe above lations on Surety’ warranty obligation ony) ‘Authorization. The Surety represents that itis admitted to act as an authorized corporate surety in the state in which the Project is located. Surety and Design-Builder, intending to be legally ‘bound hereby, subject to the terms set out above, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative. DESIGN-BUILDER (AS PRINCIPAL) ‘SURETY Company: Company: Signature: Signature: Name and Tile Name and Tite: Corporate Seal (Altach Power of Attorney) (Space is provided below for signatures of additional parties, f required) Attest: Signature and Title Performance and Payment Bond for Design i Page &OPR 2017-037B Exhibit C CITY OF SPOKANE VALIDATION PERIOD SCOPE OF WORK FOR PAVILION PROJECT A Qwner’s Program The Owner's Program is described in the Request for Proposals and addenda and referenced documents for the Project set forth in Attachment 1 to this Exhibit C. Pursuant to Section 2.11.1 of the General Conditions, during the Validation Period, Design- Builder will perform the following tasks: 1. Verify the information provided in Attachment 1 as well as any other information provided by the Owner relating to the Project; 2. Determine whether the Project can be performed for a Target Budget within the Guaranteed Maximum Price set forth in Section 6.1.1.1 of the Agreement; Provide the GMP Proposal set forth in Section 6.6.1.4 of the Agreement, which includes the following deliverables: a. A Target Budget which shall not exceed the GMP set forth in Section 6.1.1 of the Agreement, unless the Owner agrees in writing. The Target Budget shall be the sum of: i. Design-Builder’s Lump Sum Fee as calculated pursuant to Section 6.2.1 of the Agreement; ii. The estimated Cost of the Work as defined in Section 6.3 of the Agreement, inclusive of any Design-Builder’s Contingency as defined in Section 6.4.4 hereof; iii, Design-Builder's Lump Sum General Conditions Costs Pursuant to Section 6.4.5 of the Agreement; and iv. If applicable, any NTE or Lump Sum established by the Patties. b. The Initial Basis of Design Documents, which shall include the following pursuant to Section 2.11.1.7 of the General Conditions: i. Schematic drawings; Concept floor plan and elevations; Page 4il, Equipment cut sheets for major systems; iv. Site plan; v. Design and construction phasing plan; vi. Subcontractor procurement plan; and Stakeholder engagement plan; ©. Allist of the assumptions and clarifications made by Design-Builder in the preparation of the Validation Amendment Proposal, which list is intended to supplement the information contained in’ the drawings and specifications and is specifically included as part of the Initial Basis of Design Documents; d. The Target Scheduled Substantial Completion Date and Milestone Dates upon which the proposed Target Budget are based and a schedule upon which the Target Scheduled Substantial Completion Date and Milestones Dates are based; @. The GMP Development NTE f. If applicable, a list of Allowance Items, Allowance Values, and a statement of their basis; 9. If applicable, a list of NTEs and the information required ‘pursuant to Section 6.4.2 above; h. If applicable, a list of Lump Sums and the information required pursuant to Section 6.4.3 above; i. Ifapplicable, a schedule of unit prices; j. The time limit for acceptance of the Validation Amendment Proposal. B. Validation Period Services The Design-Builder shall perform those services necessary to provi above. At a minimum, such services include the following the deliverables set forth 1. Examine Site Conditions Design-Builder will examine and investigate the ‘existing site conditions and notify the owner of any differing conditions or inconsistencies from the information provided in the RFP documents. 2, Basis of Design Documents Design-Builder will develop collaboratively with the owner the Initial Basis of Design Documents to include the following: ‘Schematic drawings; Concept floor plan and elevations; Equipment cut sheets for major systems; Site plan; aece Page 2 lation Phase Scope of Work for Design-Bulld Projectsfe. Design and construction phasing plan; f. Subcontractor procurement plan; and 9. Stakeholder engagement plan. Programming The following steps define the process that will be used to develop the project program: a, Meet with owner to discuss the RFP document and known changes. Create room and exterior space data sheets and distribute for review. Refine and finalize program spreadsheets, floor level analysis and adjacency diagrams. 4. Coordinate verified program with RFP program to identify any scope modifications that may impact the pre-established budget. e. Facilitate program approval from stakeholders listed on the Pavilion Design Approval Matrix document. Schematic Design The following steps will be taken to develop the Schematic, Design: a. Facilitate the equivalent of (3) 1-day client workshops to review schematic, layout options. b. Develop schematic level building and exterior space floor plans, sections and elevations. ©. Develop narrative of event/venue consultant findings and recommendations regarding feasibiliy of generating Park revenues from program spaces/events. 4. Establish character of exterior spaces and building exterior and major interior spaces. ©. Conduct initial code analysis. {Review and coordinate significant systems with M/P consultant, identifying energy conservation measures. Assemble cut sheets and narrative. Review and coordinate significant systems with Electrical consultant, identifying power service and distribution, lighting approach, ‘communications approach, security and alarm approach. Assemble cut sheets and narrative. h. Develop narrative approach to structural system, identifying major components and bid packages. i. Develop site design approach, identifying basic site layout, utilities, approach to storm water design, and landscaping elements. i. Develop basis of design narrative specification for significant building and site finishes and elements, k. Develop basis of design narrative specification for interiors and furnishings. Page 3 Validation Phase Scope of Work for Design-Bulld ProjectsMeet with authorities having jurisdiction to review building and planning requirements. Develop initial schedule of deliverables. Develop facility safety/security criteria and approach for sensitive site and building areas. Develop Pavilion/cable net structure restoration approach, narrative identification of systems and components. Participate in scope/budget reconciliation. Participate in developmentirefinement of design and construction delivery schedule. Facilitate schematic design approval from stakeholders listed on the Pavilion Design Approval Matrix document. Page @ jon Phase Scope of Work for Design-Build ProjectsRIVERFRONT PARK MODERNIZATION ‘OWNERS PROGRAM INFORMATION ‘SPOKANE PARKS AND RECREATION DIVISION ‘ADDENDUM ONE PAVILION REQUEST FOR PROPOSALS. 3/6/2017 ‘TABLE OF CONTENTS: PAGE 1. RIVERFRONT PARK PROGRAM OVERVIEW 02 ‘A. RIVERFRONT PARK REDEVELOPMENT a B. RIVERFRONT PARK REDEVELOPMENT SCHEDULE 2 .DBTEAM COLLABORATION 2. SITE INFORMATION 02 A. SITE LOCATION B. PROJECT SITE ACCESSS 2 PAVILION CLOSURE 03 D. CULTURAL RESOURCES 03 E. UTILITIES 03 F._ ENVIRONMENTAL INFORMATION 03 G._ENVIRONMENTAL/ROCK/GROUND WATER CONTINGENCY 08 H. BROWNFIELD GRANT 08 GEOTECHNICAL DATA 04 3. PROGRAM INFORMATION 04 A VISION 08 B, OVERALL GOALS 04 C PROGRAM AND EVENTS 0s D._ PAVILION COMPLEX 05 E. CENTRAL GREEN 0s F. PROGRAM INTEGRATION o7 G._EVENT/VENUE CONSULTANT 07 H. BUILDING STANDARDS 07 4. STAKEHOLDERS o7 ‘A. SPOKANE PARK BOARD o7 8. RIVERFRONT PARK COMMITTEE o7 EXECUTIVE TEAM 07 1D. PROJECT MANAGEMENT OFFICE 08 E,PAVILION AD HOC COMMITTEE 08 F. DESIGN STEERING COMMITTEE 08 G._ SPOKANE INDIAN TRIBE 08 H. PROGRAM ARTIST 08 5. PERMITTING 09 6. REFERENCE DOCUMENTS 09 A. PROGRAM MATRIX 09 B. NOTUSED 03 c. NOTUSED 09 . PAVILION APPROVAL DESIGN APPROVAL MATRIX 09 E,_AHJ RESPONSIBILITY MATRIX 09 fF. FIXTURES, FURNITURE & EQUIPMENT (FFE) MATRIX 09 G. _DB/OWNER RESPONSIBILITY MATRIX 09 H. FTP LINK ACCESSIBLE REFERENCE DOCUMENTS. 09 1. REFERENCE UST 09RIVERFRONT PARK MODERNIZATION (OWNERS PROGRAM INFORMATION ‘SPOKANE PARKS AND RECREATION DIVISION ‘ADDENDUM ONE PAVILION REQUEST FOR PROPOSALS 3/6/2017 1, _ RIVERFRONT PARK PROGRAM OVERVIEW 1A. Riverfront Park Redevelopment: The City manages and operates Riverfront Park which occupies 40 acres of land in the center of downtown Spokane. The Riverfront Park $64.3M modernization improvements are being developed by multiple entities with input from several stakeholders including, but not limited to: City Utilities, Water, Engineering and Parks departments, Avista Utlities, Department of Ecology, Department of Fish and Wildlife, US Army Corps of Engineers, the Spokane Tribe, and the State Historic Preservation Office. The City has packaged the $64.3M redevelopment of Riverfront Park into the following projects 1. Howard Street Bridge South Channel Replacement Recreation Rink and Sky Ride Facility Looff Carousel Replacement & Rotary Fountain Renovation Pavilion Project, Promenades and West Havermale Projects North Bank Regional Playground 1B. Riverfront Park Redevelopment Schedule: Construction on Howard Street Bridge South Channel Replacement started last year. Construction on the Recreation Rink and the Carousel projects started early this year. These three projects are to complete construction in 2017. The North Bank Regional Playground project is to be constructed in 2018. Construction of the Howard Street Mid-Channel Bridge (Spokane Utilities Department project) is scheduled to commence July 2018 and be completed July 2019. West Havermale/Central Promenade and North Promenade projects are scheduled to completed in 2019. See Attachment 6H for the Riverfront Park Master Schedule for additional information. :1C. DB Team Collaboration: The Design Build Team will need to cooperate and work collaboratively with adjacent construction projects during the Pavilion design and construction phases. SITE INFORMATION 2A. Site Location: The Pavilion project site is located on Havermale Island generally bounded by the mid-channel of the Spokane River to the north, the Washington/Street tunnel to the east, the existing Central Meadow to the south and the Howard Street/Promenade project to the west. 2b. Project Site Access: Construction access to Havermale Island willbe from the existing temporary Construction access off of Post Street. This route is currently being utilzed by the Recreation Rink, South Channel Bridge, and Looff contractors. Removal of the temporary access road will be by others after the Pavilion project is completed. Design builder will assist City with determining and negotiating construction egress route off of Havermale island for the Pavilion project. The preferred egress route would be onto Washington Street due north of Washington Street tunnel, Depending upon resolution of Havermale Island egress route Design Build Team scope of work may include modifications to Havermale Island egress due north of Washington Street bridge. See Attachment H for Riverfront Park/Havermale island topographical survey information for reference.RIVERFRONT PARK MODERNIZATION OWNER’S PROGRAM INFORMATION ‘SPOKANE PARKS AND RECREATION DIVISION ‘ADDENDUM ONE PAVILION REQUEST FOR PROPOSALS 3/6/2017 2C. Pavilion Closure: The Pavilion complex will close to the public and staff on 9/16/2017. Pedestrians will still have access to Havermae island from various bridges during the course of construction. The Pavilion construction area will need to be fenced to prevent public access to the construction sie. Design Builder will need to coordinate with Agencies Having Jurisdiction (AH!) regarding safety measures required and pedestrian/construction traffic crossings. 2D. Cultural Resources: Riverfront Park has been identified as a site with rich cultural resources. The Design Build Team will need to collaborate and work closely with the Department of Archaeological ‘and Historical Preservation and the City to implement the Cultural Resources Management Plan during design and construction of the Pavilion project. See Attachment H for additional information 2€. Utilities: The Riverfront Park site has numerous public and private utilities many of which are being upgraded during the Riverfront Park modernization. See Attachment H, Riverfront Park Utility Guidelines prepared by CH2M dated August 2016 rev 1.0 for utility information. Design Builder shall use these utility guidelines for all utility work related to the Pavilion project. All utility upgrades required for the Pavilion project shall comply with AHI requirements. 2F. Environmental Information: Before Riverfront Park was established as part of the World’s Fair of 1974 (Expo 74), it was occupied by many industrial facilities and as a result, areas of the park contain contaminants associated with the historical industrial use of the site. The City has entered into the Voluntary Cleanup Program (VCP) with the Washington State Department of Ecology (Ecology), with the goal of receiving a “no further action” determination status at the conclusion of the Riverfront Park modernization program. Post construction, Riverfront Park will have a Restrictive Environmental Covenant regulating future park development. Soil sampling conducted in preparation of redevelopment activities has indicated the presence of contaminants of concern (COCs) including polycyclic aromatic hydrocarbons (PAHS), lead, cadmium, arsenic and diesel- and oil-range petroleum hydrocarbons at concentrations greater than Model Toxics Control Act (MTCA) Method A Cleanup Levels for Unrestricted Land Use (GeoEngineers 2016a, b and d). Soil sampling primarily was focused on areas where earthwork activities were anticipated as part of the redevelopment. Because of existing infrastructure and unknown development plans for the pavilion area, soil investigation activities near this feature were limited to the central green south and east of the pavilion atea, The results of the soil assessment generally indicate COCs are widespread across the site and could be present in site soil to at least 6 feet below current grade. Through the VCP program, a soil management plan (SMP) (GeoEngineers 2016c) was developed to {guide soil reuse and disposal criteria. If the soil meets geotechnical engineering properties, it can be reused onsite in accordance with the SMP if COCs are within acceptable limits. Contaminated soil that cannot be re-used onsite will likely require disposal at an appropriately permitted Resource Conservation and Recovery Act (RCRA) landfill (likely a RCRA Subtitle D landfill such as Waste ‘Management's Graham Road Landfill in Medical Lake, Washington). As a result of known site COC concentrations, special considerations must be undertaken when designing permanent storm water infrastructure and storm water must not be infiltrated through contaminated soil on a permanent basis. In addition, an administrative order (AO) will accompany the construction storm water general permit issued for the project. The AO established additional requirements on the handling, reporting and discharge of dewatering water and storm water from theRIVERFRONT PARK MODERNIZATION ‘OWNER’S PROGRAM INFORMATION SPOKANE PARKS AND RECREATION DIVISION ‘ADDENDUM ONE PAVILION REQUEST FOR PROPOSALS 3/6/2017 site during construction. A water management plan (WMP) (GeoEngineers 2016e) was developed to assist the project teams with complying with the additional regulatory requirements. ‘The City will conduct additional soil assessments to quantify and map the extent of soil contamination at tthe Pavilion site, when the anticipated areas of site disturbance are better defined and access to the areas is available. Environmental Consultant: The City has employed GeoEngineers to provide monitoring and testing for compliance with environmental protocols during construction. See Attachment H for GeoEngineer’s documents regarding management of groundwater and contaminated soil along with related documentation required to obtain a “no further action” determination from Ecology. 2G. Environmental/Rock/Groundwater Contingency: The City has a $600,000 allowance, outside of the GMP, to cover costs associated with mitigating contaminated soil/groundwater and rock from the Pavilion site. The DB Team shall work creatively with the City to provide a cost effective way to maximize the reuse of soil onsite and minimize requirements to treat dewatering water and storm water during construction. It is the city’s goal to not spend the entire allowance and to invest remaining contingency dollars back into the Pavilion’s program. 2H. Brownfield Grant: The City has applied for a Brownfield Grant for the Riverfront Park Modernization program for the purpose of receiving financial relief related to environmental remediation costs incurred during Park modernization. The DB Team will need to track remediat cost separately for Ecology accounting purposes. 21. Geotechnical Data: Previous geotechnical data for various portions of Riverfront Park are listed in Attachment H for DB Team's reference. The DB Team shall collaborate with the City amd the City geotechnical engineer, GeoEngineers to determine preferred locations for additional geotechnical and/or environmental explorations at the Pavilion project site. 3. PROGRAM INFORMATION (see Attachment 6A for additional program inform: Qn.) 3A. Vision: The United States Pavilion (Pavilion) was the centerpiece of Expo '74, the World's Fair that came to Spokane and led to the reclamation of the city’s center into what we now enjoy as Riverfront Park. The Pavilion is an instantly recognizable icon of Spokane. The vision of this project is to reestablish the Pavilion, stronger than ever, as the central gathering place, both geographically and culturally. In our visioning process, we called this the “Wow! Factor” of Riverfront Park. As it functioned during Expo '74, the Pavilion structure will again be our anchor — this time for one of the great urban parks in 21st century America 3B. Overall Goals 1. The Pavilion is intended to be a year-round visual delight. Planting, topography, views, sound, art, video projection, cultural/historical elements. 2. The Pavilion isto blend passive and activate zones. 3. The Pavilion must have enough “wow” and interest to draw no events are scheduled. (ors both during events and whenRIVERFRONT PARK MODERNIZATION ‘OWNER’S PROGRAM INFORMATION SPOKANE PARKS AND RECREATION DIVISION ‘ADDENDUM ONE PAVILION REQUEST FOR PROPOSALS 3/6/2017 4. it must attract and satisfy visitors who want to observe and explore the beauty of the natural setting while supporting visitors who enjoy art festivals and music events. 5. The Pavilion must accommodate a variety of visitor ages and generations and must accommodate a variety of community-oriented events, both large and small, while supporting future needs and desires. 6. The Pavilion is imagined to be a lantern at night, illuminated with state-of-the-art lighting and projection technology, attracting local citizens and tourists alike. 3C. Program and Events: The Pavilion, adjacent spaces and Central Green will host a variety of events and be the central gathering space of Riverfront Park. Large and small programmed events will be hosted at the venue including: + Community Fairs & Festivals + Sporting Exhibitions + Cultural, Music, & Art centered events * Culinary (Food and Drink) Festivals * Performing Arts * Mobile / Traveling Attractions or Exhibits * Portable Amusement Rides + Video Projection The Program includes flexible space(s) with permanent and temporary infrastructure including: Event Plaza space for standing and/or seated events (no fixed seating). Flexible space for stage / performance area (no fixed stage). ‘Adjacent interior support space (green room/changing rooms/etc.). Interior leasable space (meeting rooms, party rooms, etc.) Exterior leasable space provided with water, power, and sewer facilities. Restroom facilities with additional space for temporary restroom. Truck access for deliveries, staging, and waste management. Park staff support facilities (office space, meeting room, break room, etc.) Catering kitchen to support park vendors and events. 3. Pavilion Complex: The DB Team will review all existing buildings and site improvements within the Pavilion complex and, in collaboration with the City, determine the best reuse of the existing facilites. It is anticipated that some of the existing site improvements within the Pavilion complex will be demolished to make way for the new Pavilion design. The existing Administration Building on the west side of the Pavilion is intended to be renovated to accommodate building program elements. Cable Net Structure: The Design-Builder will review the Pavilion Facilities Conditions Assessment Report (see Attachment H) regarding the condition of the cable net structure and appurtenances and will field inspect and validate the report’s findings. Design-Builder scope of work to include evaluating the structural integrity of the existing pavilion cable net structure and appurtenances and performing, deferred maintenance work to restore the cable net structure and appurtenances as described in theRIVERFRONT PARK MODERNIZATION OWNER’S PROGRAM INFORMATION ‘SPOKANE PARKS AND RECREATION DIVISION ‘ADDENDUM ONE PAVILION REQUEST FOR PROPOSALS 3/6/2017 Conditions Assessment Report. Shading/Weather Protection: Design-Builder to provide areas of relief from sun and rain within the Pavilion footprint that compliments and the overall Pavilion design. Satellite Maintenance Facility: The Design-Builder shall incorporate a Satellite Maintenance Facility adjacent to the Pavilion footprint. This fenced area to include space for waste and recycling bins, equipment storage, truck access, etc. jon Fence Enclosure: Provide a fencing system that secured the Pavilion footprint at night, during the off-season and for ticketed events. Lighting: The Design-Builder will provide design solutions for light emitting diode (LED) lighting to illuminate the cable net structure. This lighting shall include interactive/programmable logic as possible within the approved budget. Elements to be lit may include the cable net, the mast, the crown ring and the arch trusses at the entrances. Integrated traditional lighting design shall enhance the venue and increase safety and security. Lighting improvement shall withstand local climate and exposure and incorporate adequate surge protection and grounding. Visual Projection: The Pavilion has a long tradition of incorporating giant moving pictures. During the World's Fair, one of the very first IMAX projectors in the world was included as a demonstration of extra-large-format movies, featuring the film To Fly. After the World's Fair, the new Riverfront Park featured a separate giant-screen theater that was in operation for more than three decades. The community has an affinity for that history and the presence of video in the park (see Hal McGlathery report Attachment H). The Design-Builder may include, as possible within the approved budget, the ability to project video imagery, whether movies played on a large wall for events or art projects beamed onto a new Pavilion covering. ‘Audio: Provide enough sound to accommodate daily needs and small events. Concerts or large events are expected to provide their own audio equipment. (See Attachment H for Digitalkitchen's Riverfront Park light and sound study). Enhancements: As possible within the approved budget, include interactive attractions (i.e. pavilion tensile canopies, catwalk, slides, swings, climbing wall, zip line, etc.) to support the success of the project. 3E. Central Green: The Central Green is intended to function as an active and passive programmable space that provides a venue for events and activities and also draws visitors from the Howard Street and Havermale Island Promenades into the Pavilion area. The Green will act as a Pavilion support facility and provide strong pedestrian connections, accommodate events, performances and small attractions that appeal to a variety interests and users. Smaller frequent activities could include weekly farmers ‘markets, arts and craft fairs and lunchtime food truck rallies. Flexible Space: The Central Green space will primarily be flat with hardscape and softscape elements and also include architectural and landscape features that draw visitors into the park’s interior, such as art pieces or landforms. The space will be designed to easily adapt or change during the course of the day,RIVERFRONT PARK MODERNIZATION OWNERS PROGRAM INFORMATION SPOKANE PARKS AND RECREATION DIVISION ‘ADDENDUM ONE PAVILION REQUEST FOR PROPOSALS 3/6/2017 ‘week and year to respond to the variety events, attractions and seasonal changes. Amenities: The Central Green should feature flexible and fixed amenities that provide a safe and comfortable setting. The site should include appropriate furnishings benches, wayfinding elements and other support amenities. Lighting will be used to highlight amenities, strengthen connections/entrances and provide a safe and inviting atmosphere. 3F: Program Integration: The Design-Builder shall coordinate with the existing Major Public Spaces ‘Team and Lead Artist for input on elements of design and art envisioned for the Pavilion and the Central Green. The Pavilion and Central Green shall connect to the Howard St Promenade through clever design, creating an integrated whole rather than designing the Pavilion as an island. The park's separately funded signature art piece may reside just outside the Pavilion in the Central Green. 3G. Event/Venue Consultant: The Design-Builder after contract award, with input from Owner, will add to its team an event/venue consultant who will collaborate with the DB Team and Owner during the programming and design phase and provide recommendations regarding interactive attractions that will support revenue generation and create an attractive destination. Interactive attraction such as a catwalk, zipline, slides, giant swings, playground, or climbing wall may support the successful design. 3H. Building Standards: The materials and finishes provided for the Pavilion project shall be consistent with other Riverfront Park development standards both in like and kind and shall be maintainable to park operations in the future. Draft building standards are referenced in Attachment 6. Board approval of building standards is anticipated at the April Board Meeting. 4, STAKEHOLDERS 4A. Spokane Park Board: The Spokane Parks and Recreation Division Riverfront Park Modernization Program is overseen by the ten member Spokane Park Board (Park Board). The Park Board is ultimately responsible for the success of the Program. The Board has established the Riverfront Park Committee, the Executive Team and the Pavilion Ad Hoc Committee to oversee the design and construction of the Pavilion project. 48, Riverfront Park Committee: The Riverfront Park committee consists of five Riverfront Park Board members and Park staff. The Committee’s mission is to oversee the Riverfront Park modernization program. 4C. Executive Team: The Executive Team (ET) consists of three Board members, a Spokane City ‘Administrative member, the Parks & Recreation Division Executive Director, an Avista Corporation representative and other park staff members. The intent of the ET is to provide guidance and direction to the Project Management office (PMO) regarding specific projects and to communicate on a regular basis with the Park Board members to facilitate project approvals to maintain the CIP schedule and budget. ET will meet with the DB Team during the design phase and partake in interim reviews of the design to ensure that the City’s expectations and vision of the finished project are achieved The ET's spending authority limit is $50,000; any contract changes above $50,000 must be approved by the Park Board. The ET oversees the Project Management Office (PMO).RIVERFRONT PARK MODERNIZATION (OWNER’S PROGRAM INFORMATION ‘SPOKANE PARKS AND RECREATION DIVISION ‘ADDENDUM ONE PAVILION REQUEST FOR PROPOSALS 3/6/2017 4D. Project Management Office: The PMO consists of Park and Hill International staff members. The Parks staff include the Program Manager, the Program Coordinator and the Parks Planning Development Manager. The Hill International staff consists of a Project Manager, Scheduler and two Constr. ‘Managers. The Park's Construction Management consultant is also part of the PMO team. The PMO’s spending authority is $20,000. The PMO meets weekly to review a detailed agenda tracking Riverfront Park Modernization action items. The PMO discuss program/project needs, milestones and develop strategies and recommendations to be discussed with the ET. The PMO meets weekly with ET to review recommendations on courses of action and obtains direction regarding implementing the projects/program. ‘The PMO and Park staff meet regularly with other park stakeholders (other City departments, Avista, designers, contractors, etc.) to discuss and coordinate park wide design standards, construction access, schedule updates and other topics to ensure that the various projects are aware of the overall program opportunities and constraints. The Pavilion D-8 will be an active participant in these meetings once they are under contract. Project/Program progress is reported to the Executive Team, Riverfront Park Committee, Park Board and other stakeholders, Project status updates will be posted on the City’s webpage to keep the public informed on the project status. 4€, Pavilion Ad Hoc Committee: Once a DB Team is selected, the Ad Hoc Committee (that reports to the Executive Team) will meet with the DB Team during the design phase and partake in interim reviews of the design to ensure that the City’s expectations and vision of the finished project are achieved, 4F. Design Steering Committee: The Design Steering Committee consists of 18 community stakeholders that will preside over the DB Team presentations the afternoon of March 22. The Design Steering Committee will score the presentations and provide input to the Pavilion Selection Committee. During the design phase the Design Steering Committee will periodically review the Pavilion design development and recommendations to the Executive Team, 4G. Spokane indian Tribe: The Spokane Park Board has pledged to work in a spirit of cooperation with the Spokane Tribe concerning the determination of appropriate land uses, activities, signage and public art displays ‘throughout Riverfront Park. The Deign-Build Team will be expected work with the City and the ‘Spokane Tribe Representative to integrate designs that echo and preserve Tribal cultural resources. ‘4H. Program Artist: ‘The City is funding one significant art project as part of the Riverfront Park Modernization. The artwork is in expected to be connected with the Pavilion project. The Artist will be responsible for design and construction of the art project. The DB Team is to provide power, if needed, to the art piece and coordinate DB Team construction activities with art construction activities. The DB Team will need to coordinate its efforts with the City’s selected artists to allow timely installation and minimize project disruption.RIVERFRONT PARK MODERNIZATION OWNER’S PROGRAM INFORMATION. ‘SPOKANE PARKS AND RECREATION DIVISION ‘ADDENDUM ONE PAVILION REQUEST FOR PROPOSALS 3/6/2017 5. _ PERMITTING OVERVIEW The City has received approval for a number of park-wide environmental permits that are related to the Pavilion project that the DB Team will need to comply with the conditions of approval. There are a number of site development and building-related permits required for the Pavilion project. See ‘Attachment 6E for the Pavilion project AHJ Responsibility Matrix for entities responsible for permits submission and payment of permit fees. 6. _ REFERENCE DOCUMENTS The following attachments are included: PROGRAM MATRIX NoT USED NOT USED PAVILION APPROVAL DESIGN MATRIX [AH RESPONSIBILITY MATRIX FOXTURES, FURNITURE & EQUIPMENT (FFE) MATRIX 'DB/OWNER RESPONSIBILITY MATRIX FTP LINK ACCESSIBLE REFERENCE DOCUMENTS ae onesarweorr ‘services —— Revenue @ My DOR State [My DOR » Busness License Lookup » GARCO CONSTRUCTION, INC. LICENSE INFORMATION: Now search Previous seach [Entity name: GARCO CONSTRUCTION, INC. Business name: GARCO CONSTRUCTION, INC. Entity ype: Prot Comet ‘ual: 602-900-160 usnees 10: 001 Location 0: co01 Location: Open Status: To check the status of ts company goto he Inks below Deparment of Revenue Secretary of State Location address: “4114 © BROADWAY AVE ‘SPOKANE, WA, 99202 Mating adaress: 4118 BROADWAY AVE ‘SPOKANE, WA, 99202 ENDORSEMENTS (roses ne oss” eanee "~~ are ~~ [bata ~~ [ica ~~"~ san ane Pe nce aa OiPct Ganeal Buses ‘018 ewe Marataote— Fezaaz0n Ute Lae Gana usmass costo Ache Mastanis—tea008 bia ok er Active Maraia0%8 Dec 162010 Sarearnah Gene Buss etve ——ManS42038 — Mayt6208 Sockane Gord Busness ‘ransereaus Acie Marstaoie — onttea0r2 Shane Vale General unens ctv Marstaote—_uet2.000 GOVERNING PEOPLE weracsntcoumina anna wrt (Governg pace HOOPER JEFF A ‘Secreta, Treasurer WELSH IR JAMES T Vice President, Chatman ofthe Board, Doctor Wels, CLANCY Preside, Orector WELSH, JAMES T 5 Rows, Infomation cunt 28 of 4142017 3:26:36 PM Contact us, ty ‘Securenccess Washington» (© 2017 washington State Department of Revenue ands censor. All ight reserved ps ecu. dor wa govitouauty fat 1Zz. carccon1 SSIMPSON oa CERTIFICATE OF LIABILITY INSURANCE ey ‘THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED [REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. tPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the torms and conditions ofthe policy, certain policies may require an endorsement. A statement on this eartifeate doos not confer rights to the carfeate holder in iew of such endorsement) proovcen GRA Stacia Simpson IBKJET Group, LLC foam ae ee [999 W Riverside Avenue, Suite 510 |e, exp. (509) 319-2012 ___| RE. may (508) 319-2820, ‘Spokane, WA 99207 {Sins ssimpson@bijet com suena AFFORDING COVERAGE ‘nsunza Zurich American Insurance Company coo nounexn Great American Insurance Company Garco Construction, ne. ‘ntunax c: Alaska National Insurance Company — P.0. Box 2946 ar _—_ ‘Spokane, WA 99220 ae t COVERAGES ‘CERTIFICATE NUMBER: __ —_ REVISION NUMBER: ‘Tals 1$ TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN SSUED TO THE INSURED NAMED ASOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WAICH THIS (CERTIFICATE MAY BE ISSUED OF MAY PERTAIN, THE INSURANCE AFFORDED. BY THE POLICIES DESCRIBED MEREN IS SUBJECT TO ALL THE TERMS, _ EXCLUSIONS AND CONDITIONS OF SUC” POLICES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLANS. YE oF MBURANCE ieee roucrwuwwen | She ease ma PR DX [comer enema unre | commen [x “Jemusunoe Kj ocsm | x | x GLA 087402 arate) raion? PRT aan | | 2 | wont parma | | —— | | | PERSONAL & ADVINURY. [sow nconganr oar amas cen nec poucy |X | BF | PRODUCTS COMPO ASG eee lel Ws Stop GAP [A Tarowomts canary rr se sear | [Xinearo [© x (GLA o084s7e02 2rst2016 1219172017 | oour nau ee | [18a [eR | [oon react 8 X ABome |X RR | Presa 5. {es ‘umoreiaLiaa |X! ocour T | fx eeessuanLSuamamoe! x x TUE 505028 14 sagtr0t6|rasizot7 |_| Toxo [X[eeromens — 10000 | © oer | |e papraicrORARINERERECUTIE pe 16H Ws 31301 ‘oa10/2016 08/10/2017 | sagen we | I | ERRaseE RRR ORERTSN™ oT ses ACO 6 Att Rome htm my bac ra | lbescRIPTION oF PROJECT lpeovecT NUMBER ICERTIFICATE HOLDER WILL BE NAMED PRIMARY AND NON-CONTRIGUTORY ADDITIONAL INSURED WITH COMPLETED OPERATIONS & WAIVER OF [SUBROGATION WiTH APPROPRIATE ENDORSMENTS ATTACHED. ‘CERTIFICATE HOLDER ‘CANCELLATION ‘SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Gortificats Holder Namo IRSCORDANCE vTH THE BOLICY PROVISIONS. Gertiicate Mailing Address ity, State, Zip Code . LO | Dane. "ACORD 25 (2076/03) ‘© 1908-2015 ACORD CORPORATION. Allrights reserved. ‘The ACORD name and logo are registered marks of ACORD/ GaRccONc! simpson ACORD CERTIFICATE OF LIABILITY INSURANCE mwtrnotT THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED [REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: Wf the certificate holders an ADDITIONAL INSURED, the policy(es) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 1S WAIVED, subject to the terme and conditions of te policy, certain polles may require an endorsement. A statement on this carifeate dacs nt confer igh fo te cerieate Holder nau of such andortrmanty a age tae aa ena ia am 7 |999 W Riverside Avenue, {RIN _____| {Ai wo: (508) 319-2020 __| eee soto eee + anatomic Te 7 are eee ee msURED | osuner n: Great American insurance Company 16691 Garco Construction, Inc. | suner c :Alaska National insurance Company 38733 feces ore : - eos ree = 4 ‘COVERAGES (CERTIFICATE NUMBER: REVISION NUMBER: Tals 1S TO CERTIFY THAT THE POLIGIES OF INSURANCE LISTED SELOW HAVE BEEN ISSUED TO THE NGURED NAMED ABOVE FOR THE POLGY PERIOD INDICATED. “NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH REGPEGT TO WhiGr TNS (CERTIFICATE NAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESGRGED HERENIS GUBIECT TOALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POUCIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAI CLAMS. = SOR voucrmawen tS, ure curs 21x [cama oom ur? t Gooamece. |e 100.800) cuamesnoe (K)oocuR |X| GLA nNS7A02 saretizore saratvzor7 | Mies TRRENTED 300,000} yo | | wepixecniomzsnen [$1.00 | PERSONAL & ADV INURY 1,000,000, de soomia um APU PER cen accnecare 4 ___ 200,00 |_| poucy x] Loc | ‘PRO MPOP AGS. £000,000) 1 our — L | [WA STOP GAP 000.009 A avtowoeie uasumy T T T aE SEU 7,000,000) ANY AUTO | x | x (6LA o084374-02 | 123012016 | 12/31/2017 | soowy muy (Pe person) | $ Tle (lite |“) | nomena ea [XA PE soar | PRPs TB oweretia uns “Kosa ~ T [excuccnumnence [3 20,000,000! | Pklereessine > Lcunmeawoc| x x TUE 5955928 14 ‘arsrant6|tat0%7 |e $20,800,000 | Tow /X[reremows 10,000] I £ 7 gait t haa BE ‘es porarrounaxmengrzcume | [19H ws a1391 osrtorzov6 ontara0t7 | cxcaccocnr 4,000,000 | eee Jima [eLosose-ccemiona|¢ 1.000000 Re cmon sa fe peeasroucrunr |= 000,00 ERLE RAR ELFEN OPATION voRCLES (CRD 15, han Ron Sen ye eben one IDesceipnion oF pRouecT PROJECT NUMBER. ICERTIFICATE HOLDER WILL BE NAMED PRIMARY AND NON-CONTRIBUTORY ADOITIONAL INSURED WITH COMPLETED OPERATIONS & WAIVER OF [SUBROGATION WITH APPROPRIATE ENDORSMENTS ATTACHED. ‘CANCELLATION ‘SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE: THe’ EXPIRATION “DATE. TMEREOF. NOTICE WLL BE DELWERED. IN Certificate Holder Name ZECORDANCE Wt THE POLLEY PROVISIONS. CCertifeate Maling Address City, State, Zp Code "ACORD 25 (201603) ‘© 1988-2015 ACORD CORPORATION. All rights reserved. ‘Tho ACORD name and logo are registered marks of ACORD0712 2017-OD73 PERFORMANCE Travelers Casualty and Surety Company of America BOND Hartford, Connecticut 06183 Bond No.: 496693315 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) Garco Construction, Inc. Travelers Casualty and Surety Company of America 4114 E Broadway Ave One Tower Square ‘Spokane, WA 99202 Hartford, CT 06183 ‘OWNER: (Name, legal stats and address) City of Spokane ‘808 West Spokane Falls Blvd ‘Spokane, WA 99201 ‘CONSTRUCTION CONTRACT Date: April 13, 2017 Amount: $ .00 No Dollars and 00/100 Description: (Name and location) Pavilion Design-Build Project BOND Date; April 27, 2017 (ot earlier than Construction Contract Date) ‘Amount: $ 250,000.00 Two Hundred Fifty Thousand Dollars and 00/100 Modifications to this Bond: [—%_] None See Section 16 CONTRACTOR AS PRINCIPAL ‘SURETY Company: Garco ‘Company: Travelers Casualty and Surety Company of America Signature: Signature: Name and Gvancy Wélse ‘Name and Shawn M, Wilson Title: FResiDenr Title: Attorney-in-Fact (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY — Name, address and telephone) AGENT or BROKER: OWNER’S REPRESENTATIVE: (Architect, Engineer or other party:) Alliant Insurance Services, Inc. 818 West Riverside Avenue, Suite 800 Spokane, WA 99201 q 509-325-3024 ‘The Company executing this bond vouches that this document conforms fo American Institute of Architects Document A312, 2010 edition 1+ §1 The Contractor and Surety jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner forthe performance of the Construction Contract, which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this ‘Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond shall arise after 1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default, Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. Ifthe Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; 2 the Owner dectares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3. the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply witha condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: §5:1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; §.5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and ‘completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety ‘equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess ofthe Balance of the Contract Price incurred by the Owner as a result ofthe Contractor Default; or §5.4 Waive its right to perform and complete, romptness under the circumstances: <1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 2 Deny liability in whole or in part and notify the Owner, citing the reasons for deni range for completion, or obtain a new contractor and with reasonable §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the ‘Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. §7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for <1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act ofthe Surety under Section 5; and 3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages ‘caused by delayed performance or non-performance of the Contractor. ‘The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 2§8 If the Surety elects to act under Section 5.1, 5.3 oF 5.4, the Surety's liability is limited to the amount of this Bond, §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations, No right of action shall acerue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, suecessors and assigns, § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. §11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of ‘Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs frst. Ifthe provisions of this Paragraph are void or prohibited by Jaw, the minimum period of limitation available to sureties as a defense inthe jurisdiction of the sut shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which. their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted hereffom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein, When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. {$14.3 Contractor Default Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply ‘with a material term of the Construction Contract. {$144 Owner Default Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract, §145 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be ‘deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: (Corporate Seal) (Corporate Seal) Signature: ‘Name and Title: Address: ‘The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 3PAYMENT Travelers Casualty and Surety Company of America Hartford, Connecticut 06183 BOND Bond No 106693315 CONTRACTOR: ‘SURETY: (Name, legal status and address) (Name, legal status and principal place of business) Garco Construction, Inc. Travelers Casualty and Surety Company of America 4114 E Broadway Ave (One Tower Square Spokane, WA 99202 Hartford, CT 06183 OWNER: (Name, legal status and address) City of Spokane 808 West Spokane Falls Bivd ‘Spokane, WA 99201 ‘CONSTRUCTION CONTRACT Date: April 13, 2017 Amount:$ 00 No Dollars and 00/100 Description: (Name and location) Pavilion Design-Build Project, BOND Date: April 27, 2017 (Not earlier than Construction Contract Date) ‘Amount; § 250,000.00 Two Hundred Fifty Thousand Dollars and 00/100 Modifications to this Bond: [X_] None See Section 18 CONTRACTOR AS PRINCIPAL SURETY ‘Company: Travelers Casualty and Surety Company of America (Corporate Seal) . ‘Signature: Name and Shawn Wilson Til: Pees ied Title: Attorney-in-Fact (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY — Name, address and telephone) AGENT or BROKER: OWNER’S REPRESENTATIVE: (Architect, Engineer or other party’) Alliant Insurance Services, Inc. 818 West Riverside Avenue, Suite 800 Spokane, WA 99201 . 509-325-3024 ‘The Company executing his bond vouches that this document conforms to American Intitate of Architects Document AS¥2, 2010 edition 1 |§ 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject tothe following terms. § 2 Ifthe Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the (Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation ‘under this Bond. §3 If there is no Owner Default under the Construction Contract, the Surety’s obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, ‘demands, liens or suits against the Owner or the Owner's property by any person or entity secking payment for labor, materials ‘of equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold hermless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §.5.1 Claimants, who do not have a direct contract with the Contractor,

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