4-SAMPLE CONTRACT - B133-SCCPSS-Template-Catina-9-18-26, 2.docx

THIS AGREEMENT is made as of the day of date it is signed by the last party to the Agreementin the year (In words, indicate day, month and year.)

BETWEEN the Architect’s client identified as the Owner:

(Name, legal status, address, and other information)

The Board of Public Education for the City of Savannah and the County of Chatham a/k/a The Savannah-Chatham County Public School System (“SCCPSS”), The public school district responsible for public education in the City of Savannah and Chatham County (referred to herein as “Owner,” “SCCPSS,” or the “District.”) 208 Bull Street Savannah, GA 31401 and the Architect:

for the following Project:

(Name, location, and detailed description)

The Construction Manager (if known):

The Owner and Architect agree as follows.

TABLE OF ARTICLES

1 INITIAL INFORMATION

2 ARCHITECT’S RESPONSIBILITIES

3 SCOPE OF ARCHITECT’S BASIC SERVICES

4 SUPPLEMENTAL AND ADDITIONAL SERVICES

5 OWNER’S RESPONSIBILITIES

6 COST OF THE WORK

7 COPYRIGHTS AND LICENSES

8 CLAIMS AND DISPUTES

9 TERMINATION OR SUSPENSION

10 MISCELLANEOUS PROVISIONS

11 COMPENSATION

12 SPECIAL TERMS AND CONDITIONS

13 SCOPE OF THE AGREEMENT

ARTICLE 1 INITIAL INFORMATION

§ 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1.

(For each item in this section, insert the information or a statement such as “not applicable” or “unknown at time of execution.”)

§ 1.1.1 The Owner’s program for the Project:

(Insert the Owner’s program, identify documentation that establishes the Owner’s program, or state the manner in which the program will be developed.)

«In accordance with [ARCHITECT’S] scope of work attached »

§ 1.1.2 The Project’s physical characteristics:

(Identify or describe pertinent information about the Project’s physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site, etc.)

§ 1.1.3 The Owner’s budget for the Cost of the Work, as defined in Section 6.1:

(Provide total and, if known, a line item breakdown.)

§ 1.1.4 The Owner’s anticipated design and construction milestone dates:

.1 Design phase milestone dates, if any:

.2 Construction commencement date:

.3 Substantial Completion date or dates:

.4 Other milestone dates:

§ 1.1.5 The Owner intends to retain a Construction Manager to perform the Work described in the Contract Documents created by the Architect pursuant to this Agreement using pursuant to the following AIA template, as modified by the Owner.agreement. Where this contract or associated documents such as the A201 may refer to the “Contractor,” “Contractor” is intended to refer to the “Construction Manager” as it is used in this Agreement:

(Indicate agreement type.)

[ ] AIA Document A133–2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, as modified by Owner.

[ ] AIA Document A134–2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price.

§ 1.1.6 The Owner’s requirements for accelerated or fast-track design and construction, or phased construction are set forth below:

(List number and type of bid/procurement packages.)

§ 1.1.7 The Owner’s anticipated Sustainable Objective for the Project:

(Identify and describe the Owner’s Sustainable Objective for the Project, if any.)

§ 1.1.7.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, into this Agreement to define the terms, conditions and services related to the Owner’s Sustainable Objective. If E234-2019 is incorporated into this Agreement, the Owner and Architect shall incorporate the completed E234–2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. [Reserved]

§ 1.1.8 The Owner identifies the following representative in accordance with Section 5.4: who will serve as the Owner’s primary point of contact with the Architect for the Project. Depending on the nature of the decision and the dollar amount, Owner’s representative may not have final decision making authority with respect to the project. Multiple or additional approvals may be required under Board Policy, including, but not limited to, approval by the Owner’s Superintendent and/or the Owner’s governing body, the elected School Board.

(List name, address, and other contact information.)

«Project Manager – *** »

§ 1.1.9 The persons or entities, in addition to the Owner’s representative, who are required to review the Architect’s submittals to the Owner are as follows:

§ 1.1.10 The Owner shall retain the following consultants and contractors:

(List name, legal status, address, and other contact information.)

.1 Construction Manager:

(The Construction Manager is identified on the cover page. If a Construction Manager has not been retained as of the date of this Agreement, state the anticipated date of retention. If the Architect is to assist the Owner in selecting the Construction Manager, complete Section 4.1.1.1)

.2 Land Surveyor:

.3 Geotechnical Engineer:

.4 Civil Engineer:

.5 Other consultants and contractors:

(List any other consultants and contractors retained by the Owner.)

§ 1.1.11 The Architect identifies the following representative in accordance with Section 2.4:

§ 1.1.12 The Architect shall retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2:

(List name, legal status, address, and other contact information.)

§ 1.1.12.1 Architect shall identify proposed staffing (to include subconsultants as well as Architects own employees and agents) in Exhibit E-”Staffing Schedule”.

§ 1.1.12.1 Consultants retained under Basic Services:

.1 Structural Engineer:

.2 Mechanical Engineer:

.3 Electrical Engineer:

§ 1.1.12.2 Consultants retained under Supplemental Services:

§ 1.1.13 Other Initial Information on which the Agreement is based:

§ 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that theShould the Initial Information may materially change and, in Architect may request that event, the Owner and the Architect shall appropriately adjust the Architect’s services, schedule for the Architect’s services, and the Architect’s compensation. a change order or other formal amendment to the parties’ contract. Any change orders or amendments that would change the scope of work, regardless of any change in price, must beapproved consistent with School Board policy, which, depending on the dollar value and nature of the change order may require approval by the Superintendent and/or School Board pursuant to Board Policy. In requesting change orders or other amendments that might change the project scope, the Architect should provide the Owner with the following information to evaluate the requested change: 1) A description of the proposed change, 2) the reason why the proposed change is requested (such as a change in Initial Information, design change requested by Owner, design change requested by Contractor, etc.), 3) how the change order is expected to change the schedule for the Architect’s services or the critical path of construction or any construction milestones, as necessary, to accommodate material changes in the Initial Information. 4) the requested change in contract sum for the Architect, if any, and 5) the estimated change to estimated cost of construction, if any.

§ 1.3 The parties shall agree upon written protocols governingto the transmission and use of, and reliance on, Instruments of Service or any other information or documentation in digital form. using the Owner’s Project Management Information System, currently E-Builder. Owner will provide Architect a license to use the Owner’s Project Management Information system (E-Builder) at the Owner’s expense for use on Owner’s Projects only. Owner shall not pay for Architect to use the Owner’s Project Management Information system (E-Builder) for projects for Architect’s other customers.

§ 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to written protocols governing the use of, and reliance on, the information contained in the model shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees.[Reserved]

§ 1.4. Limited Waiver of Sovereign Immunity Ex Contractu. Architect acknowledges and agrees that under Article I, Section II, Paragraph IX of the Georgia Constitution of 1983, sovereign immunity extends to a county-wide school district such as Owner. As set forth in Article I, Section II, Paragraph IX of the 1983 Georgia Constitution, sovereign immunity is waived “as to any action ex contractu for the breach of any written contract.” Architect specifically acknowledges the constitutional and contractual requirements that written changes, modifications, and waivers to this Contract must be specifically executed by the Owner as set forth in the Contract Documents. Accordingly, Architect specifically acknowledges the constitutional prohibitions against claims against Owner based solely upon oral statement, course of conduct, customs of the trade, quasi-contract, quantum meruit, or O.C.G.A § 13-4-4 (mutual departure from contract terms). The Owner’s designated representative in this Agreement serves as the Architect’s primary point of contact related to the project, but the Architect’s designated representative lacks the authority to amend the terms of this Agreement, including amending the contract sum. For any material change to this Agreement, including changes to the contract sum, the Architect should obtain a formal amendment to this Agreement approved in writing pursuant to board policy by the elected School Board, or its designees under board policy.

ARTICLE 2 ARCHITECT’S RESPONSIBILITIES

§ 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is locatedby the State of Georgia to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals, also licensed by the State of Georgia.

§ 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project.

§ 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in the agreement identified in Section 1.1.5. The Architect shall not be responsible for actions taken by the Construction Manager.

§ 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project.

§ 2.5 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project.

§ 2.6 Insurance. The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9.

§ 2.6.1 Commercial General Liability with policy limits of not less than INSERT AMOUNT REQUIRED BY SOLICITATION ($ ) for each occurrence and ($ ) in the aggregate for bodily injury and property damage. With additional Umbrella insurance in the amount of INSERT AMOUNT REQUIRED BY SOLICITATION .

§ 2.6.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits of not less than INSERT AMOUNT REQUIRED BY SOLICITATION ($ ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage.

§ 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.6.1 and 2.6.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers.

§ 2.6.4 Workers’ Compensation at statutory limits.

§ 2.6.5 Employers’ Liability with policy limits not less than ($ ) each accident, ($ ) each employee, and ($ ) policy limit.

§ 2.6.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services, with policy limits required by the Georgia Department of Education’s Mandatory Addendum to the Owner/Architect Contract for Projects Funded in Whole or in Part with State Capital Outlay Funds, attached as an exhibit to this Agreement, or as may be subsequently revised or required by the Georgia Department of Education before the time the Agreement is executed. The provisions regarding insurance requirements are restated for the parties convenience as follows:

The Architect shall provide and maintain Professional Liability Insurance at all times this Contract is in effect and for a period of six (6) years after execution by the Architect of the “Certificate of Final Completion” indicating final completion of the Project, with a minimum level of coverage as described herein below. Said coverage shall be written by an insurer licensed to do business in the State of Georgia and acceptable to the Owner.

Before the Owner executes the Contract, the Architect shall provide the Owner and the GaDOE Facility Services Unit with a valid Certificate of Insurance showing that the Architect is then insured with Professional Liability (Errors and Omissions) Insurance with limits not less than the following:

a. For Projects with a Stated Cost Limitation of more than $30,000,000:

i. For the Architect - $3,000,000 per claim and $4,000,000 in aggregate coverage;

ii. For the Architect’s subconsultant engineers and architects - $2,000,000 per claim and $3,000,000 in aggregate coverage; and

iii. For other professional subconsultants - $1,000,000 per claim and $2,000,000 in aggregate coverage.

b. For Projects with a Stated Cost Limitation of $20,000,000 up to $30,000,000:

i. For the Architect - $2,000,000 per claim and $3,000,000 in aggregate coverage;

ii. For the Architect’s subconsultant engineers and architects - $1,000,000 per claim and $2,000,000 in aggregate coverage; and

iii. For other professional subconsultants - $1,000,000 per claim and $1,000,000 in aggregate coverage.

c. For Projects with a Stated Cost Limitation of less than $20,000,000:

i. For the Architect - $1,000,000 per claim and $1,000,000 in aggregate coverage;

ii. For the Architect’s subconsultant engineers and architects - $1,000,000 per claim and $1,000,000 in aggregate coverage; and

iii. For other professional subconsultants - $1,000,000 per claim and $1,000,000 in aggregate coverage.

For such period of time that Professional Liability insurance is required for the Project, as set forth above, the Architect shall provide the Owner with an updated or renewed Certificate of Insurance at least annually, or more frequently if requested by the Owner, showing the required coverage and limits of coverage remain in place.of not less than ($ ) per claim and ($ ) in the aggregate.

§ 2.6.7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella policies for Commercial General Liability and Automobile Liability to include the Owner and Owner’s elected School Board members, officers, administrators, employees, agents, attorneys, and their predecessors, successors, and assigns, as an additional insured for claims caused in whole or in part by the Architect’s negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies and shall apply to both ongoing and completed operations.

§ 2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.6.- for such period of time that insurance is required for the Project, as set forth above. The Architect shall provide the Owner with an updated or renewed Certificate of Insurance at least annually, or more frequently if requested by the Owner, showing the required coverage and limits of coverage remain in place.

ARTICLE 3 SCOPE OF ARCHITECT’S BASIC SERVICES

§ 3.1 The Architect’s Basic Services consist of those described in this Article 3 and include services usual and customary for the design of a project similar in size, scope, and budget for Owner’s Project that is the subject of this Agreement, including, but not limited to: 1) architectural, structural, mechanical, electrical, and civil engineering services, 2) measured drawings and existing facilities surveys for the Project, 3) site evaluation and planning for the Project, 4) programming services, 5) landscape design, 6) architectural interior design, 7) value analysis, 8) on-site representation as is typical for a project of the size, type, and budget, as the Owner’s Project that is the subject of this Agreement and as described more fully below, 9) preparation of construction documents, as-designed record drawings, and as-constructed record drawings, 10) cooperation with Owner’s contractors and consultants, 11) telecommunications and data design, 12) security evaluation and planning (appropriate for the intended use of the Project, such as occupancy by students), 13) support for multiple or revised bid/solicitation packages, 14) erosion control plans, 15) Master Planning, and 16) life safety plans.§ 3.1 The Architect’s Basic Services consist of those described in this Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services.

§ 3.1.1 The Architect shall manage the Architect’s services, research applicable design criteria, attend Project meetings, communicate with members of the Project team, and report progress to the Owner.

§ 3.1.2 The Architect shall coordinate its services with those services provided by the Owner, the Construction Manager, and the Owner’s consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner, the Construction Manager, and the Owner’s consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information.

§ 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit, for the Construction Manager’s review and the Owner’s approval, a schedule for the performance of the Architect’s services. The schedule shall include design phase milestone dates, as well as the anticipated dates for the commencement of construction and for Substantial Completion (of Material Completion if the Construction Contract defines Substantial Completion in terms of “Material Completion”) of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner’s review, for the Construction Manager’s review, for the performance of the Construction Manager’s Preconstruction Phase services, for the performance of the Owner’s consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner’s approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction.

§ 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect’s services. The Architect shall review and approve, or take other appropriate action upon, the portion of the Project schedule relating to the performance of the Architect’s services.

§ 3.1.5 The Architect shall not be responsible for an Owner’s directive or substitution, or for the Owner’s acceptance of non-conforming work, made or given without the Architect’s written approval.

§ 3.1.6 The Architect shall, in coordination with the Construction Manager, contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements imposed by those authorities and entities., but Architect shall be aware that Owner may be exempt from certain county and municipal building permit and inspection fees and other county and municipal impact fees required by O.C.G.A. § 20-2-261, and Architect shall take reasonable steps to avoid Owner having to pay any unnecessary permitting fees for which Owner is exempt.

§ 3.1.7 The Architect shall assist Owner’s staff in submitting documents for planning and construction of educational facilities in which students are to be housed to the Facilities Services Unit of the State Department of Education. Design Professional shall comply with all of the Georgia Department of Education’s Guidelines for the submission of plans, including, but not limited to, the guidelines referenced in State Department of Education Regulation 160-5-4-.16. Design PROFESSIONAL will comply with any new or amended guidelines promulgated by the Georgia Department of Education related to planning, bidding, or construction of educational facilities.

§ 3.1.7 § 3.1.8 The Architect shall assist the Owner and Construction Manager in connection with the Owner’s responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project and preparing any design document submittals to the Georgia Department of Education.

§ 3.1.8 § 3.1.9 Prior to the Owner’s acceptance of the Construction Manager’s Guaranteed Maximum Price proposal, or the Owner’s approval of the Construction Manager’s Control Estimate, as applicable, the Architect shall consider the Construction Manager’s requests for substitutions and, upon written request of the Construction Manager, provide clarification or interpretations pertaining to the Drawings, Specifications, and other documents submitted by the Architect. The Architect and Construction Manager shall include the Owner in communications related to substitution requests, clarifications, and interpretations.

§ 3.2 Assistance with the Procurement Process for a Construction Manager and Review of the Construction Manager’s Guaranteed Maximum Price Proposal or Control Estimate

§ 3.2.1 General

The Architect shall, to the extent requested by Owner and its Purchasing Department, assist the Owner in the procurement process for a Construction Manager, which shall comply with the Georgia Local Government Public Works Construction Law, O.C.G.A. § 36-91-1 et. seq., local Board Policies and Regulations, including but not limited to FG and FG-R, and the procedures of the District’s Purchasing Department. The Architect may assist the Owner in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction, in a manner that complies with the Georgia Local Government Public Works Construction Law, O.C.G.A. § 36-91-1 et. seq. and local Board Policies and Regulations, including but not limited to FGC and FGC-R, and the procedures of the District’s purchasing department .

§ 3.2.2 If Using a Bidding Process for Selecting a Construction Manager

§ 3.2.2.1 If using a bidding process for selecting a Construction Manager, Bidding Documents shall be prepared by the Owner’s Purchasing Department, but Architect shall prepare and provide the Owner as part of its basic services any specifications and design documents requested by Owner, which may be advertised with or incorporated into the solicitation documents issued by Owner. At this time, it is anticipated that these documents will include, at least, a Master Plan.

§ 3.2.2.2 The Architect shall, to the extent requested by Owner or its Purchasing Department, assist the Owner in the procurement process for a Construction Manager by performing any or all of the following included services:

.1 assisting the Owner’s purchasing department in the preparation of Bidding Documents for prospective bidders and the preparation and provision of any related specifications, design documents, or design-related content needed for the body of the bid documents themselves;

.2 participating in any pre-bid conferences for prospective bidders at the time determined by the Owner’s Purchasing Department;

.3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda;

.4 assisting Owner’s Purchasing Department with organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner; and/or

.5 advising the Owner’s governing body, the elected School Board, and District staff on bidders recommended for award at public school board meetings, including, but not limited to, executive session.

§ 3.2.2.3 If the Bidding Documents permit substitutions, upon the Owner’s written authorization, the Architect shall, as part of its basic services, consider requests for substitutions and assist the Owner’s Purchasing Department with preparing and distributing addenda identifying approved substitutions to all prospective bidders.

§ 3.2.3 Negotiated Proposals/ Requests for Qualifications (“RFQ”)/Requests for Proposals (“RFP”)

§ 3.2.3.1 If using a Requests for Qualifications (“RFQ”)and/or Requests for Proposals (“RFP”) for selecting a Construction Manager, Solicitation documents for Requests for Qualifications (“RFQ”)and/or Requests for Proposals (“RFP”) shall be prepared by the Owner’s Purchasing Department, but Architect shall prepare and provide the Owner as part of its basic services any specifications and design documents requested by Owner, which may be advertised with or incorporated into the solicitation documents issued by Owner. At this time, it is anticipated that these documents will include, at least, a Master Plan.

§ 3.2.3.2 The Architect shall, upon request by Owner or its Purchasing Department, assist the Owner in obtaining proposals by performing any or all of the following include services, including, not limited to:

.1 assisting the Owner’s Purchasing Department in the preparation of Requests for Proposals solicitation documents or Requests for Qualifications solicitation documents and the preparation and provision of any related specifications, design documents, or design-related content needed for the body of the solicitation documents themselves;

.2 participating in any pre-bid conferences for prospective bidders at the time determined by the Owner’s Purchasing Department and participating in selection interviews with prospective contractors scheduled by the Owner’s Purchasing Department;

.3 preparing responses to questions from prospective contractors and providing clarifications and interpretations of the Proposal Documents to the prospective contractors in the form of addenda;

.4 assisting Owner in negotiations with prospective contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner.

.5 Advising the Owner’s governing body, the elected School Board, and District staff on offerors recommended for award at public school board meetings, including, but not limited to, executive session, and/or, .6 Assisting in any prequalification process in a manner that complies with the requirements for mandatory prequalification process set forth in O.C.G.A. § 36-91-20.

§ 3.2.3.3 If the Proposal Documents permit substitutions, upon the Owner’s written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective contractors.

§ 3.2.14 At a time to be mutually agreed upon by the Owner and the Construction Manager, the Construction Manager shall prepare, for review by the Owner and Architect, and for the Owner’s acceptance or approval, a Guaranteed Maximum Price proposal or Control Estimate. The Architect shall assist the Owner in reviewing the Construction Manager’s proposal or estimate. The Architect’s review is not for the purpose of discovering errors, omissions, or inconsistencies; for the assumption of any responsibility for the Construction Manager’s proposed means, methods, sequences, techniques, or procedures; or for the verification of any estimates of cost or estimated cost proposals. In the event that the Architect discovers any inconsistencies or inaccuracies in the information presented, the Architect shall promptly notify the Owner and Construction Manager.

§ 3.2.25 Upon authorization by the Owner, and subject to Section 4.2.1.14, the Architect shall update the Drawings, Specifications, and other documents to incorporate the agreed upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment or Control Estimate.

§ 3.3 Schematic Design Phase Services § 3.3.1 The Architect shall review the program, and other information furnished by the Owner and Construction Manager, and shall review laws, codes, and regulations applicable to the Architect’s services., including Georgia Department of Education regulations and the Mandatory Addendum attached as Exhibit “A” to this Agreement.

To the extent the Georgia Department of Education’s use of the terms Preliminary Plans and Specifications,” the “Check Set Plans and Specifications,” and the “Final Plans and Specifications,” as defined in “Guidelines for Submission of Documents for review of Planning, Bidding, and Construction of Educational Facilities” may differ from the terminology used by this Agreement based on an AIA Form or the Architect’s common usage on other projects, Architect shall make sure it obtains the required approvals from the Owner and the Georgia Department of Education at the most closely analogous stage.

§ 3.3.2 The Architect shall prepare a preliminary evaluation of the Owner’s program, schedule, budget for the Cost of the Work, Project site, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project.

§ 3.3.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Owner regarding the requirements of the Project.

§ 3.3.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, to the Owner and Construction Manager, for the Owner’s approval, a preliminary design illustrating the scale and relationship of the Project components.

§ 3.3.5 Based on the Owner’s approval of the preliminary design, the Architect shall prepare Schematic Design Documents for Construction Manager’s review and the Owner’s approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing.

§ 3.3.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner’s program, schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1.

§ 3.3.5.2 The Architect shall consider with the Owner and the Construction Manager the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner’s program, schedule, and budget for the Cost of the Work.

§ 3.3.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Schematic Design Documents.

§ 3.3.7 Upon receipt of the Construction Manager’s review comments and cost estimate at the conclusion of the Schematic Design Phase, the Architect shall take action as required under Section 6.4, and request the Owner’s approval of the Schematic Design Documents. If revisions to the Schematic Design Documents are required to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Schematic Design Phase, the Architect shall incorporate the required revisions in the Design Development Phase.

§ 3.3.8 In the further development of the Drawings and Specifications during this and subsequent phases of design, the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work, which are to be provided by the Construction Manager under the Construction Manager’s agreement with the Owner.

§ 3.4 Design Development Phase Services § 3.4.1 Based on the Owner’s approval of the Schematic Design Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Construction Manager’s review and the Owner’s approval. The Design Development Documents shall be based upon information provided, and estimates prepared by, the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and other appropriate elements. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels.

§ 3.4.2 Prior to the conclusion of the Design Development Phase, the Architect shall submit the Design Development Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Design Development Documents.

§ 3.4.3 Upon receipt of the Construction Manager’s information and estimate at the conclusion of the Design Development Phase, the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner’s approval of the Design Development Documents.

§ 3.5 Construction Documents Phase Services § 3.5.1 Based on the Owner’s approval of the Design Development Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Construction Manager’s review and the Owner’s approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the Work, the Construction Manager will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4.

§ 3.5.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents.

§ 3.5.3 During the development of the Construction Documents, if requested by the Owner, the Architect shall assist the Owner and Construction Manager in the development and preparation of (1) the Conditions of the Contract for Construction (General, Supplementary and other Conditions) and (2) a project manual that includes the Conditions of the Contract for Construction and Specifications, and may include sample forms.

§ 3.5.4 Prior to the conclusion of the Construction Documents Phase, the Architect shall submit the Construction Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Construction Documents.

§ 3.5.5 Upon receipt of the Construction Manager’s information and estimate at the conclusion of the Construction Documents Phase, the Architect shall take action as required under Section 6.7, and request the Owner’s approval of the Construction Documents.

§ 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Construction Manager as set forth below and in AIA Document A201™–2017, General Conditions of the Contract for Construction., or in any Construction Documents agreed to between Owner and Contractor or the Construction Manager. If the Owner and Construction Manager modify AIA Document A201–2017 or use a different Contract Template, those modifications shall not affect the Architect’s services under this Agreement unless the Owner and the Architect amend this Agreement. To the extent this Agreement uses AIA terminology that is synonymous with another term used in another contract document, Local Board Policy, or Department of Education Regulation, for example if a document uses “Material Completion” to refer to “Substantial Completion” as defined in this Agreement, Architect will not use any technical difference in terminology as a basis for refusing to comply with its obligations under this Agreement or demand additional compensation because the terminology used by another Contract Document, Board Policy, or by Department of Education guidance or regulation is different.The term “Contractor” as used in A201-2017 shall mean the Construction Manager.

§ 3.6.1.2 Subject to Section 4.2, the Architect’s responsibility to provide Construction Phase Services commences upon the Owner’s acceptance of the Construction Manager’s Guaranteed Maximum Price proposal, the Owner’s approval of the Construction Manager’s Control Estimate, or by a written agreement between the Owner and Construction Manager which sets forth a description of the Work to be performed by the Construction Manager prior to such acceptance or approval. Subject to Section 4.2, and except as provided in Section 3.6.6.5, the Architect’s responsibility to provide Construction Phase Services terminates on the date the Architect issues the final Certificate for Payment.

§ 3.6.1.3 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Construction Manager’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect’s negligent acts or omissions, grossly negligent acts or omissions, recklessness, or intentionally wrongful conduct, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Construction Manager or of any other persons or entities performing portions of the Work.

§ 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Construction Manager, and (3) defects and deficiencies observed in the Work.

§ 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Construction Manager, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work.

§ 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Construction Manager. The Architect’s response to such requests shall be made in writing within any time limits agreed uponseven days or otherwise with reasonable promptness, if it is not reasonably practicable to provide Owner with a response in seven days.

§ 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Construction Manager, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents.

§ 3.6.2.5 Unless the Owner and Construction Manager designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2017, the Architect shall render initial decisions on Claims between the Owner and Construction Manager as provided in the Contract Documents.

§ 3.6.3 Certificates for Payment to Construction Manager § 3.6.3.1 The Architect shall review and certify the amounts due the Construction Manager and shall issue certificates in such amounts. The Architect’s certification for payment shall constitute a representation to the Owner, based on the Architect’s evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Construction Manager’s Application for Payment, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Construction Manager is entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect.

§ 3.6.3.2 In approving a Certificate for Payment, the Architect shall provide the following certification, which is prepared electronically in the e-Builder system: “I certify that I have verified this Application for Payment and, to the best of my knowledge and belief, it is a true and correct statement of work performed and statement of materials stored on site by the Contractor and that the Contractor's certified statement of his account and the amount due to him is correct and just. I further certify that all work has been performed and materials have been supplied in full accordance with the terms and conditions of the Contract Documents and authorized changes thereto.” If the Certificate of Payment is provided outside of e-Builder, the same certification shall be provided separately Architect.The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Construction Manager’s right to payment, or (4) ascertained how or for what purpose the Construction Manager has used money previously paid on account of the Contract Sum.

§ 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment.

§ 3.6.3.4 In reviewing Applications for Payment, Architect shall use Owner’s Project Management Information System, currently E-Builder, if requested. Owner will provide Architect a license to use the Owner’s Project Management Information system (E-Builder) for use on Owner’s Projects only at the Owner’s expense. Architect will also provide any additional information required to be transmitted outside of E-Builder to Owner’s Finance Department in connection with the processing or review of any applications for payment.

§ 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Construction Manager’s submittal schedule and shall not unreasonably delay or withhold approval of the schedule. The Architect’s action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect’s professional judgment, to permit adequate review.

§ 3.6.4.2 The Architect shall review and approve, or take other appropriate action upon, the Construction Manager’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Construction Manager’s responsibility. The Architect’s review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component.

§ 3.6.4.3 If the Contract Documents specifically require the Construction Manager to provide professional design services or certifications by a design professional related to systems, materials, or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Construction Manager’s design professional, provided the submittals bear such professional’s seal and signature when submitted to the Architect. The Architect’s review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals.

§ 3.6.4.4 Subject to Section…