5-EXHIBIT K.4 -B201-2017 Design Prof.pdf

AIA

Document B201™ – 2017 Standard Form of Architect's Services: Design and Construction Contract Administration

AIA Document B201™ – 2017. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:23:38 ET on 06/17/2021 under Order No.8565394329 which expires on 11/18/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1416320328)

ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed.

This document has important legal consequences.

Consultation with an attorney is encouraged with respect to its completion or modification.

This document provides the Architect’s scope of services only and must be used with an owner-architect agreement. It may be used with AIA Document B102™– 2017, Standard Form of Agreement Between Owner and Architect without a Predefined Scope of Architect's Services, to provide the Architect’s sole scope of services, or with B102 in conjunction with other standard form services documents. It may also be used with G802™–2017, Amendment to the Professional Services Agreement, to create a modification to any owner-architect agreement.

ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.

for the following PROJECT:

(Name and location or address)

Project will be identified in the respective Service Authorization issued pursuant to that certain BASE AGREEMENT for IDIQ identified below.

THE OWNER:

(Name, legal status and address)

Tarrant County College District (“TCCD” or “Owner”) 300 Trinity Campus Circle Fort Worth, Texas 76102

THE DESIGN PROFESSIONAL:

(Name, legal status and address)

THE AGREEMENT

This Standard Form of Architect’s Services: Design and Construction Contract Administration (hereinafter referred to as the “Supplementary Services Agreement”) is an exhibit to and modifies the Owner / Design Professional Base Agreement for IDIQ Professional Design Services dated ___________ (hereinafter referred to as the “Agreement”) to the extent incorporated into a Service Authorization issued pursuant to the Owner’s IDIQ program.

This Supplementary Services Agreement and the Agreement are intended to be complementary and should be interpreted to give meaning, to the extent reasonably possible, to the provisions in both documents. Notwithstanding the foregoing, in the event of a conflict between the terms of this Supplementary Services Agreement and the respective Service Authorization, the terms of the Service Authorization shall control.

TABLE OF ARTICLES

1 INITIAL INFORMATION

2 SCOPE OF ARCHITECT’S BASIC SERVICES

3 ADDITIONAL SERVICES

4 OWNER’S RESPONSIBILITIES

5 COST OF THE WORK

6 COMPENSATION

7 ATTACHMENTS AND EXHIBITS

EXHIBIT K.4 -B201-2017 Design Prof RFQ#26-007: IDIQ Pools for Architectural and Engineering Services by Category Tarrant County College District B201-2017 - TCCD.IDIQ.Des.Prof.Word.RCB.093021. 4834-8427-2637 1

AIA Document B201™ – 2017. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:23:38 ET on 06/17/2021 under Order No.8565394329 which expires on 11/18/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

ARTICLE 1 INITIAL INFORMATION

§ 1.1 This Supplementary Services Agreement is based on the information furnished pursuant to the respective Service Authorization.

ARTICLE 2 SCOPE OF DESIGN PROFESSIONAL’S BASIC SERVICES

§ 2.1 The Design Professional’s Basic Services for a Service Authorization consist of those described in this Article 2 and the respective Service Authorization and, except as otherwise provided in the respective Services Agreement, include usual and customary structural, mechanical, and electrical engineering services as well as any other services that are customarily or necessarily implied in order to complete the work that is described in the respective Service Authorization. Services not set forth in this Article 2 and the respective Service Authorization are “Additional Services”.

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

§ 2.1.2 The Design Professional shall coordinate its services with those services provided by the Owner and the Owner’s consultants. The Design Professional shall be entitled to reasonably rely on the accuracy and completeness of services and information furnished by the Owner and the Owner’s consultants. The Design Professional shall provide prompt written notice to the Owner if the Design Professional becomes aware of any error, omission or inconsistency in such services or information.

§ 2.1.3 Except as otherwise provided in the respective Service Authorization, as soon as practicable after the date of the respective Service Authorization, the Design Professional shall submit for the Owner’s approval a schedule for the performance of the Design Professional’s services which shall be consistent with the time periods established in the respective Service Authorization and which may be adjusted, if necessary, by written mutual agreement of the parties as the Project proceeds. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the respective Service Authorization. The schedule shall include allowances for periods of time required for the Owner’s review, for the performance of the Owner’s consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Design Professional or Owner. With the Owner’s approval, the Design Professional shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction.

§ 2.1.4 The Design Professional shall not be responsible for an Owner’s directive or substitution made without the Design Professional’s approval.

§ 2.1.5 The Design Professional shall, at appropriate times, contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project, the Design Professional shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services.

§ 2.1.6 The Design Professional shall assist the Owner in connection with the Owner’s responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. The Design Professional shall coordinate all phases of project communication and documentation through program management software as designated by the Owner.

§ 2.1.7 The Design Professional shall recommend to the Owner appropriate investigations, surveys, tests, analyses and reports to be obtained as may be necessary for the proper execution of Design Professional’s services.

§ 2.2 SCHEMATIC DESIGN PHASE SERVICES

§ 2.2.1 The Design Professional shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Design Professional’s services.

§ 2.2.2 The Design Professional shall prepare a preliminary evaluation of the Owner’s program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement or delivery method and other information furnished by owner, each in terms of the other, to ascertain the requirements of the Project. The Design Professional shall notify

EXHIBIT K.4 -B201-2017 Design Prof RFQ#26-007: IDIQ Pools for Architectural and Engineering Services by Category

AIA Document B201™ – 2017. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:23:38 ET on 06/17/2021 under Order No.8565394329 which expires on 11/18/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

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.

§ 2.2.3 The Design Professional shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches. The Design Professional shall reach an understanding with the Owner regarding the requirements of the Project.

§ 2.2.4 Based on the Project’s requirements agreed upon with the Owner, the Design Professional shall prepare and present for the Owner’s approval a preliminary design illustrating the scale and relationship of the Project components.

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

§ 2.2.5.1 The Design Professional shall consider environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner’s program, schedule and budget for the Cost of the Work. The Owner may obtain other environmentally responsible design services under Article 3.

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

§ 2.2.6 If identified as a Basic Service in the respective Service Authorization, the Design Professional shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 5.3.

§ 2.2.7 The Design Professional shall submit the Schematic Design Documents to the Owner, and request the Owner’s approval.

§ 2.3 DESIGN DEVELOPMENT PHASE SERVICES

§ 2.3.1 Based on the Owner’s approval of the Schematic Design Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Design Professional shall prepare Design Development Documents for the Owner’s approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels.

§ 2.3.2 If identified as a Basic Service in the respective Service Authorization, the Design Professional shall update the estimate of the Cost of the Work.

§ 2.3.3 The Design Professional shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work (if Cost estimating is identified as a Basic Service in the respective Service Authorization), and request the Owner’s approval.

§ 2.4 CONSTRUCTION DOCUMENTS PHASE SERVICES

§ 2.4.1 Based on the Owner’s approval of the Design Development Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Design Professional shall prepare Construction Documents for the Owner’s approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. The Owner and Design Professional acknowledge that in order to construct the Work the

EXHIBIT K.4 -B201-2017 Design Prof RFQ#26-007: IDIQ Pools for Architectural and Engineering Services by Category

AIA Document B201™ – 2017. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:23:38 ET on 06/17/2021 under Order No.8565394329 which expires on 11/18/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Design Professional shall review in accordance with Section 2.6.4.

§ 2.4.2 The Design Professional shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. Without limiting the foregoing, Construction Drawings and specifications submitted by the Design Professional to Owner for approval shall be sufficiently complete and unambiguous and in compliance with all applicable codes, ordinances, statutes, regulations and laws, except to the extent expressly and specifically otherwise stated in detail in writing by Design Professional at the time of such submission.

§ 2.4.3 During the development of the Construction Documents, the Design Professional shall assist the Owner in the development and preparation of (1) bidding and procurement information that describes the time, place and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Design Professional shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms.

§ 2.4.4 If identified as a Basic Service in the respective Service Authorization, the Design Professional shall update the estimate for the Cost of the Work.

§ 2.4.5 The Design Professional shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work (if Cost estimating is identified as a Basic Service in the respective Service Authorization), take any action required under Section 5.5, and request the Owner’s approval.

§ 2.5 PROCUREMENT OR NEGOTIATION PHASE SERVICES

Following the Owner’s approval of the Construction Documents, the Design Professional shall assist the Owner in (1) obtaining competitive bids or competitively selected proposals; (2) confirming responsiveness of bids or proposals;

(3) determining the successful bid or proposal, if any; and (4) awarding contracts for construction.

§ 2.5.2 COMPETITIVE PROCUREMENT

§ 2.5.2.1 Bidding or Competitive Procurement Documents shall consist of bidding / proposal requirements and proposed Contract Documents.

§ 2.5.2.2 Upon Owner’s request, the Design Professional shall assist the Owner in bidding the Project or selecting the Contractor pursuant to applicable competitive procurement requirements by

.1 procuring the reproduction of Bidding or Competitive Procurement Documents for distribution to prospective bidders;

.2 distributing the Bidding or Competitive Procurement Documents to prospective bidders or proposers requesting their return upon completion of the bidding or competitive selection process, and maintaining a log of distribution and retrieval and of the amounts of deposits, if any, received from and returned to prospective bidders or proposers;

.3 organizing and conducting a pre-bid conference for prospective bidders or proposers;

.4 preparing responses to questions from prospective bidders or proposers and providing clarifications and interpretations of the Bidding or Competitive Procurement Documents to all prospective bidders or proposers in the form of addenda; and

.5 organizing and conducting the opening of the bids or responses to competitive proposals, and subsequently documenting and distributing the bidding or competitive selection results, as directed by the Owner.

§ 2.5.2.3 The Design Professional shall consider requests for substitutions, if the Bidding or Competitive Procurement Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders or proposers.

§ 2.5.3 NEGOTIATING COMPETITIVE PROPOSALS

§ 2.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents.

EXHIBIT K.4 -B201-2017 Design Prof RFQ#26-007: IDIQ Pools for Architectural and Engineering Services by Category

AIA Document B201™ – 2017. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:23:38 ET on 06/17/2021 under Order No.8565394329 which expires on 11/18/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

§ 2.5.3.2 Upon the Owner’s request, the Design Professional shall assist the Owner in reviewing and evaluating proposals by

.1 procuring the reproduction of Proposal Documents for distribution to prospective contractors, and requesting their return upon completion of the negotiation process;

.2 organizing and participating in selection interviews with prospective contractors; and

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

§ 2.5.3.3 The Design Professional shall consider requests for substitutions, if the Proposal Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective contractors.

§ 2.6 CONSTRUCTION PHASE SERVICES

§ 2.6.1 GENERAL

§ 2.6.1.1 The Design Professional shall provide administration of the Contract between the Owner and the Contractor as set forth below and in Owner’s standard form of AIA Document A201–2017, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201–2017, those modifications shall not affect the Design Professional’s services under the respective Service Authorization unless the Owner and the Design Professional amend the Service Authorization.

§ 2.6.1.2 The Design Professional shall advise and consult with the Owner during the Construction Phase Services. The Design Professional shall have no authority to act on behalf of the Owner except to the extent expressly provided in this Agreement or the respective Service Authorization. The Design Professional 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 Design Professional be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Design Professional shall be responsible for the Design Professional’s negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work.

§ 2.6.1.3 Subject to Section 3.3, the Design Professional’s responsibility to provide Construction Phase services commences with the award of the Contract for Construction and terminates on the date the Design Professional issues the final Certificate for Payment.

§ 2.6.2 EVALUATIONS OF THE WORK

§ 2.6.2.1 The Design Professional shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 3.3.3 or the respective Service Authorization, to become generally familiar with the progress and quality of the portion of the Work completed, to endeavor to guard the Owner against defects and deficiencies in the Work, 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. The Design Professional shall provide Owner with written reports of such reviews. However, except as otherwise agreed in the respective Service Authorization, the Design Professional 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 Design Professional shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report promptly to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work.

§ 2.6.2.2 The Design Professional has the authority to reject Work or to recommend to the Owner to reject Work that does not conform to the Contract Documents. Whenever the Design Professional considers it necessary or advisable, the Design Professional shall have the authority to recommend to the Owner to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Design Professional 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 Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work.

EXHIBIT K.4 -B201-2017 Design Prof RFQ#26-007: IDIQ Pools for Architectural and Engineering Services by Category

AIA Document B201™ – 2017. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:23:38 ET on 06/17/2021 under Order No.8565394329 which expires on 11/18/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

§ 2.6.2.3 The Design Professional shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of the Owner. The Design Professional’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness.

§ 2.6.2.4 Interpretations and decisions of the Design Professional which are required by the Owner or the Contract Documents 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.

§ 2.6.2.5 [Intentionally deleted.]

§ 2.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR

§ 2.6.3.1 Unless the respective Service Authorization expressly provides that certification of payment shall not be a Basic Service thereunder, the Design Professional shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Design Professional’s certification for payment shall constitute a representation to the Owner, based on the Design Professional’s evaluation of the Work as provided in Section 2.6.2 and on the data comprising the Contractor’s Application for Payment, that, to the best of the Design Professional’s knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Design Professional.

§ 2.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Design Professional has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.

§ 2.6.3.3 The Design Professional shall maintain a record of the Applications and Certificates for Payment.

§ 2.6.4 SUBMITTALS

§ 2.6.4.1 The Design Professional shall review the Contractor’s submittal schedule and shall not unreasonably delay or withhold approval. The Design Professional shall be responsible for determining what aspects of the Work shall be the subject of shop drawings and submittals and for timely communicating such requirements to Owner and Contractor. The Design Professional’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 Design Professional’s professional judgment to permit adequate review.

§ 2.6.4.2 In accordance with the Design Professional-approved submittal schedule, the Design Professional shall review and approve or take other appropriate action upon the Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor’s responsibility. The Design Professional’s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Design Professional, of any construction means, methods, techniques, sequences or procedures. The Design Professional’s approval of a specific item shall not indicate approval of an assembly of which the item is a component.

§ 2.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Design Professional shall specify the appropriate performance and design criteria that such services must satisfy. The Design Professional shall review shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional’s seal and signature when submitted to the Design Professional.

The Design Professional shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals.

AIA Document B201™ – 2017. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:23:38 ET on 06/17/2021 under Order No.8565394329 which expires on 11/18/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

§ 2.6.4.4 Subject to the provisions of Section 3.3, the Design Professional shall review and respond to requests for information about the Contract Documents. The Design Professional shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Design Professional’s response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Design Professional shall prepare and issue supplemental Drawings and Specifications in response to requests for information.

§ 2.6.4.5 The Design Professional shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents.

§ 2.6.5 CHANGES IN THE WORK

§ 2.6.5.1 Upon the Owner’s request, the Design Professional shall prepare Change Orders and Construction Change Directives for the Owner’s approval and execution in accordance with the Contract Documents.

§ 2.6.5.2 The Design Professional shall maintain records relative to changes in the Work. Unless expressly excluded as Basic Services by the respective Service Authorization, the Design Professional shall prepare reproducible record drawings showing significant changes in the work made during construction based on marked-up drawings and other data furnished by the Owner to the Design Professional and on issued Addenda, Change Orders, and Construction Change Directives.

§ 2.6.6 PROJECT COMPLETION

§ 2.6.6.1 The Design Professional shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion; receive from the Contractor and forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents.

§ 2.6.6.2 The Design Professional’s inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected.

§ 2.6.6.3 When the Work is found to be substantially complete, the Design Professional shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work.

§ 2.6.6.4 The Design Professional shall forward to the Owner the following information received from the Contractor:

(1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment;

(2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents.

§ 2.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Design Professional shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance.

ARTICLE 3 ADDITIONAL SERVICES

§ 3.1 Additional Services are those services not included in Basic Services but may be required for the Project and, except as otherwise expressly provided below, authorized in writing by the Owner. The Design Professional shall provide such Additional Services only as expressly in the respective Service Authorization or as authorized in writing by the Owner, and the Owner shall compensate the Design Professional as provided in Section 6.2.

§ 3.2 Additional Services anticipated by the Owner (and subject to the express written authorization by the Owner) are as expressly identified as Additional Services in the respective Service Authorization.

§ 3.3 Additional Services may be provided after execution of this Agreement and as authorized in writing by the Owner, without invalidating the Agreement. Except for services required due to the fault of the Design Professional or its sub-consultants, any Additional Services provided in accordance with this Section 3.3 shall entitle the Design Professional to compensation pursuant to Section 6.3.

EXHIBIT K.4 -B201-2017 Design Prof RFQ#26-007: IDIQ Pools for Architectural and Engineering Services by Category

AIA Document B201™ – 2017. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:23:38 ET on 06/17/2021 under Order No.8565394329 which expires on 11/18/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

§ 3.3.1 Upon recognizing the need to perform the following Additional Services, the Design Professional shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. Except to the extent such services are required hereunder as Basic Services, the Design Professional shall not proceed to provide the following services until the Design Professional receives the Owner’s written authorization:

.1 Services necessitated by a change in the information furnished by Owner in connection with the respective Service Authorization, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner’s schedule or budget for Cost of the Work, or procurement or delivery method;

.2 Services necessitated by the Owner’s request for extensive environmentally responsible design alternatives, such as unique system designs, in-depth material research, energy modeling, or LEED® certification;

.3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations;

.4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner’s consultants or contractors;

.5 Preparing digital data for transmission to the Owner’s consultants and contractors, or to other Owner authorized recipients;

.6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner;

.7 Preparation for, and attendance at, a public presentation, meeting or hearing;

.8 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Design Professional is party thereto;

.9 Evaluation of the qualifications of bidders or persons providing proposals (except to the extent such services are required as Basic Services); or

.10 Consultation concerning replacement of Work resulting from fire or other cause during construction.

§ 3.3.2 To avoid delay in the Construction Phase, the Design Professional shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Design Professional, and the Owner shall have no further obligation to compensate the Design Professional for those services:

.1 Reviewing a Contractor’s submittal out of sequence from the submittal schedule agreed to by the Design Professional;

.2 Responding to the Contractor’s requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation;

.3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor’s proposals and supporting data, or the preparation or revision of Instruments of Service;

.4 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom; or

.5 To the extent the Design Professional’s Basic Services are affected, providing Construction Phase Services 90 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion, identified in Initial Information, whichever is earlier.

§ 3.3.3 [Intentionally deleted.]

§ 3.3.4 [Intentionally deleted.]

ARTICLE 4 OWNER’S RESPONSIBILITIES

§ 4.1 The Owner shall establish and periodically update the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 5.1; (2) the Owner’s other costs; and, (3) reasonable contingencies

EXHIBIT K.4 -B201-2017 Design Prof RFQ#26-007: IDIQ Pools for Architectural and Engineering Services by Category

AIA Document B201™ – 2017. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:23:38 ET on 06/17/2021 under Order No.8565394329 which expires on 11/18/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

related to all of these costs. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Design Professional.

§ 4.2 The Owner shall furnish, upon timely written request of the Design Professional, surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.

§ 4.3 The Owner shall furnish, upon timely written request of the Design Professional, services of geotechnical engineers when such services are reasonably required by the Design Professional. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations.

§ 4.4 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.

§ 4.5 Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Design Professional’s sub-consultants through the Design Professional about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Design Professional of any direct communications that may affect the Design Professional’s services.

§ 4.6 Upon the Design Professional’s request, the Owner shall provide the Design Professional a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction.

§ 4.7 The Owner shall provide the Design Professional access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Design Professional access to the Work wherever it is in preparation or progress.

ARTICLE 5 COST OF THE WORK

§ 5.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Design Professional and shall include contractors’ general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Design Professional, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner.

§ 5.2 The Owner’s budget for the Cost of the Work is provided in the respective Service Authorization or the information furnished by the Owner in connection therewith, and may be adjusted throughout the Project as required under Sections 4.1, 5.4 and 5.5. Except as may otherwise be provided in the respective Service Authorization, any review of the Owner’s budget for the Cost of the Work, the preliminary estimate of the Cost of the Work, and the updated estimates of the Cost of the Work prepared by the Owner shall be solely for the Design Professional’s guidance in its preparation of the Contract Documents. Accordingly, unless otherwise provided in the respective Service Authorization, the Design Professional cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner’s budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Design Professional. Budget and Project Cost information will not be disclosed without prior written approval from the Owner.

§ 5.3 In preparing estimates of the Cost of Work (if such Cost estimating is required by the respective Service Authorization or the Owner), the Design Professional shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget for the Cost of the Work. The Design Professional’s estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requests cost estimating

EXHIBIT K.4 -B201-2017 Design Prof RFQ#26-007: IDIQ Pools for Architectural and Engineering Services by Category

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services not required as a Basic Service, the Design Professional shall provide such services as an Additional Service under Article 3.

§ 5.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, through no fault of the Design Professional, the Owner’s budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market.

§ 5.5 If at any time the Design Professional’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Design Professional shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or budget for the Cost of the Work.

§ 5.6 If the Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall

.1 give written approval of an increase in the budget for the Cost of the Work;

.2 authorize rebidding or renegotiating of the Project within a reasonable time;

.3 terminate in accordance with Section 5.5 of AIA Document B102–2007;

.4 in consultation with the Design Professional, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or

.5 implement any other mutually acceptable alternative.

§ 5.7 If the Owner chooses to proceed under Section 5.6.4, the Design Professional, without additional compensation, shall modify the Construction Documents as necessary to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1.

ARTICLE 6 COMPENSATION

§ 6.1 For the Design Professional’s Basic Services described under Article 2, the Owner shall compensate the Design Professional as set forth in the Agreement and the respective Service Authorization.

§ 6.2 For authorized Additional Services designated in Section 3.1 or that may arise during the course of the Project, the Owner shall compensate the Design Professional as set forth in the Agreement and the respective Service Authorization.

ARTICLE 7 ATTACHMENTS AND EXHIBITS

[Intentionally deleted.]