Attachment 2 Form of Contract.pdf

AGREEMENT made as of the « » day of « » in the year «2026 » (In words, indicate day, month and year.)

BETWEEN the Architect’s client identified as the Owner:

(Name, legal status, address and other information)

«Capital Region Development Authority or ("CRDA") » «100 Columbus Boulevard, Suite 500 » «Hartford, CT 06103-2819 » and the Engineer, referenced herein as the "Architect":

(Name, legal status, address and other information) for the following Project:

(Name, location and detailed description)

«Consulting and Engineering Design Services for Closure Plan Revision and Implementation at the Former MIRA Waste-to-Energy Facility, South Meadows, Hartford, Connecticut, as more specifically described in the Request for Proposals issued by the Owner on December 1, 2025 ("RFP"), which is attached hereto as Exhibit A and incorporated herein by reference, together with Addenda Nos ____ thereto. »

The Owner and Architect agree as follows.

AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:37:03 ET on 11/25/2025 under Order No.4104246172 which expires on 12/31/2025, 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 docinfo@aiacontracts.com.

User Notes: (1129870924)

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.)

«See Exhibit A »

§ 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.)

« See Exhibit A »

§ 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.)

«Approximately $TBD. »

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

.1 Design phase milestone dates, if any:

AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:37:03 ET on 11/25/2025 under Order No.4104246172 which expires on 12/31/2025, 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 docinfo@aiacontracts.com.

«TBD»

.2 Construction commencement date:

.3 Substantial Completion date or dates:

.4 Other milestone dates:

§ 1.1.5 The Owner intends the following procurement and delivery method for the Project:

(Identify method such as competitive bid or negotiated contract, as well as any requirements for accelerated or fast-track design and construction, multiple bid packages, or phased construction.)

« The contract for construction shall be bid pursuant to a competitive bid process and shall be subject to prevailing wage requirements.»

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

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

«N/A »

§ 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AIA Document E204™–2017, Sustainable Projects Exhibit, into this Agreement to define the terms, conditions and services related to the Owner’s Sustainable Objective. If E204–2017 is incorporated into this agreement, the Owner and Architect shall incorporate the completed E204–2017 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective.

§ 1.1.7 The Owner identifies the following representative in accordance with Section 5.3:

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

« Christopher Shepard Capital Region Development Authority 100 Columbus Boulevard, Suite 500 Hartford, CT 06106

(860) 930-5475 cshepard@crdact.net »

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

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

« Robert Houlihan Capital Region Development Authority 100 Columbus Boulevard, Suite 500 Hartford, CT 06106 860-929-0416 rhoulihan@crdact.net mailto:cshepard@crdact.net mailto:rhoulihan@crdact.net

AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:37:03 ET on 11/25/2025 under Order No.4104246172 which expires on 12/31/2025, 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 docinfo@aiacontracts.com.

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

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

.1 :

« N/A »

.2 :

.3 Other, if any:

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

§ 1.1.10 The Architect identifies the following representative in accordance with Section 2.3:

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

§ 1.1.11 The Architect shall retain the consultants identified in Sections 1.1.11.1 and 1.1.11.2:

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

§ 1.1.11.1 Consultants retained under Basic Services: (Insert identifying information)

.1 Structural Engineer:

«TBD»« »

.2 Mechanical Engineer:

.3 Electrical Engineer:

AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:37:03 ET on 11/25/2025 under Order No.4104246172 which expires on 12/31/2025, 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 docinfo@aiacontracts.com.

§ 1.1.11.2 Consultants retained under Supplemental Services:

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

§ 1.1.13 Where reference is made in this Agreement to the "General Conditions", such reference shall mean the AIA A201-2017 document as amended by the Owner and as further amended and supplemented by other provisions of the Contract Documents. In the event the amended A201 changes the scope of Architect’s services under this Agreement, the Architect shall be entitled to submit a change order proposal.

§ 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change, and, in that event, the Owner and the Architect shall appropriately adjust the Architect’s services, schedule for the Architect’s services, and the Architect’s compensation. The Owner shall adjust the Owner’s budget for the Cost of the Work and the Owner’s anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information.

§ 1.3 The parties shall agree upon written protocols governing the transmission and use of, and reliance on, Instruments of Service or any other information or documentation in digital form.

§ 1.3.1 Any use of, or reliance on, all or a portion of a building information model without an agreement between the parties as 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.

ARTICLE 2 ARCHITECT’S RESPONSIBILITIES

§ 2.1 The Architect’s services consist of the services the Architect is required to perform under this Agreement, and, unless inconsistent with the instructions, guidance, and direction of the Owner, all professional services usually and customarily performed in conjunction with, and in furtherance of, such services (the "Architect’s Services"). The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed and registered in the jurisdiction where the Project is located to provide the Architect’s Services.

To the extent that this Agreement provides that any of the Architect’s Services will be performed by consultants, the Architect shall be responsible for causing such services to be performed by appropriately licensed and registered design professionals.

§ 2.2 The Architect shall perform the Architect’s Services as an independent contractor and in a good and workmanlike manner (i) consistent with the instructions, guidance and directions provided by the Owner to the Architect; (ii) consistent with the terms and conditions of this Agreement; (iii) consistent with the applicable professional or industry standards that a skilled architect of ordinary prudence, engaged in the same line of business having experience with projects of comparable size and complexity, would have exercised in the same or similar circumstances; (iv) consistent with sound architectural practices; (v) consistent and in compliance with all applicable laws, rules, regulations, ordinances, codes, orders and permits of all applicable federal, state and local governmental bodies, agencies authorities and courts having jurisdiction; and (vi) as expeditiously as is consistent with such professional skill and care, the orderly progress of the Project, the instructions of the Owner and this Agreement (the standards of this Section 2.2 shall be referred to herein as the "Architect’s Standard of Care").

§ 2.2.1 The Architect shall be solely responsible for all of its consultants and all lower tier subconsultants performing any part of the Architect’s Services and for the performance of such services in accordance with the Architect’s Standard of Care. By appropriate written agreement, the Architect shall require each of its consultants, to the extent of the Architect’s Services to be performed by such consultant, to be bound to the Architect by terms of this Agreement, and to assume toward the Architect all the obligations and responsibilities, which the Architect, by this Agreement, assumes toward the Owner. Each consulting agreement shall preserve and protect the rights of the Owner under this Agreement with respect to the services to be performed by the consultant so that subcontracting

AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:37:03 ET on 11/25/2025 under Order No.4104246172 which expires on 12/31/2025, 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 docinfo@aiacontracts.com.

thereof by the Architect will not prejudice such rights, and shall allow to the consultant, unless specifically provided otherwise in the subcontracting agreement, the benefit of all rights, remedies and redress against the Architect that the Architect, by this Agreement, has against the Owner. Where appropriate, the Architect shall require each consultant to enter into similar agreements with subconsultants.

§ 2.2.2 The Architect shall be responsible for the performance of the Architect’s Services in compliance with and consistent with the Architect’s Standard of Care, this Agreement, all applicable laws, rules, regulations, ordinances and codes, and all applicable orders and permits of all federal, state and local government bodies, agencies, authorities and courts having jurisdiction over the Project, that are in effect at the time of the performance of the Architect’s Services (collectively, the "Laws").

§ 2.5.3 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 2.5.1 and 2.5.2, 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. The foregoing notwithstanding, the Architect shall provide excess/umbrella liability coverage in the amount of Five Million Dollars ($5,000,000) per occurrence and in the aggregate.

§ 2.5.4 Workers’ Compensation at statutory limits.

§ 2.5.5 Employers’ Liability with policy limits not less than «One Million Dollars » ($ «1,000,000 » ) each accident, «One Million Dollars » ($ «1,000,000 » ) each employee, and «One Million Dollars » ($ «1,000,000 » ) policy limit.

§ 2.5.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than «Two Million Dollars » ($ «2,000,000 » ) per claim and «Four Million Dollars » ($ «4,000,000 » ) in the aggregate.

§ 2.5.7 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 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.

§ 2.5.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.5.

§ 2.6 Indemnification.

§ 2.6.1 The Architect shall, to the fullest extent permitted by law, indemnify, defend (except there shall be no duty to defend with respect to the claims covered by the Architect’s Professional Liability insurance policy) and hold the Owner, the Capital Region Development Authority ("CRDA") and their respective officials, board members, employees, agents and representatives directors, trustees, officers, agents, consultants and representatives (each, hereafter an "Indemnitee") harmless from and against (i) all claims, suits and/or legal actions of any type to the extent caused by the negligent acts or omissions, breaches, errors, or other improper unauthorized and/or unlawful acts of the Architect, its consultants, any of their respective employees, agents, contractors or representatives or anyone for whom or which any of them is responsible, and/or design defects or breaches of warranty in, or caused by, negligent Construction Documents. The Architect’s indemnification obligations set forth in this Section 2.6 shall not include liability for damage arising out of bodily injury to persons or damage to property to the extent caused by or resulting from the negligence of the Indemnitee seeking to be indemnified hereunder, or such Indemnitee’s agents or employees.

If a claim is commenced for which the Architect is required to indemnify the Indemnitees as outlined above, the Architect or its insurance carrier shall retain counsel to represent the Architect to defend such claims. If the

AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:37:03 ET on 11/25/2025 under Order No.4104246172 which expires on 12/31/2025, 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 docinfo@aiacontracts.com.

Architect or its insurance carrier are notified of pending claims that require indemnification, yet fail to retain counsel to defend such claims, CRDA shall be entitled to retain its own counsel to defend such claims and the Architect shall be responsible for that cost.

§ 2.7 The Architect represents that it has observed the Project site conditions that are visible without destructive testing or subsurface investigation and has included in its proposal the costs for any additional subsurface investigation for the successful design and completion of the Project, and fully understands the purposes and objectives of the Project based upon this knowledge. If the Architect wishes to impose any exceptions to these representations, the Architect must deliver a full written listing to the Owner for the Owner’s consideration and subject to the Owner’s approval prior to the Architect’s signing of this Agreement.

§ 2.8 The Architect represents that it employs persons and engages agents and independent consultants who are skilled in the professional callings and support services necessary to accurately perform the work required for successful completion of the Architect’s Services and the Project. The Architect acknowledges that the Owner is relying on the skill of the Architect, its employees, agents, and its consultants to do and perform such work in a skillful and professional manner, consistent with the Architect’s Standard of Care, and the Architect agrees to use its professional efforts to protect the interests of the Owner during all phases of the design, bidding and construction of the Project, consistent with such standards. The Architect understands and agrees that its employees, agents and consultants will be the only authorized design professionals for the Owner on the Project site (unless the Owner and Architect specify otherwise in writing prior to the signing of the Agreement). The Owner will rely upon the Architect to become generally familiar with the construction work in progress on the Project and to determine if such work is proceeding and being performed in substantial accordance with the Contract Documents. The Architect shall keep the Owner informed about the progress of the construction work and shall advise the Owner about observed deficiencies in the work and endeavor to guard the Owner against defects and deficiencies. The Architect will update and advise the Owner’s Project Representative on the progress of the construction work, and on all other matters as may be reasonably requested by the Owner. Nothing set forth herein shall diminish the Architect’s Standard of Care.

§ 2.9 If, in rendering the Basic Services described herein, the Architect finds it necessary to subcontract Basic Services to consultants other than those approved by the Owner and specifically identified herein, the Architect will obtain written approval from the Owner prior to the selection of said consultants, which approval shall not be unreasonably withheld, and the Architect will be solely responsible for the payment of other such consultants within the compensation to be paid by the Owner for Basic Services. Nothing herein shall be deemed to create a legal relationship between the Owner and any consultant.

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 engineering design services, permitting assistance, and construction phase services for abandonment/removal of concrete floodwall penetrations and other encroachments as such scope is further detailed in the RFP, attached hereto as Exhibit A.

Owner shall directly retain no other consultant to provide the Basic Services. Services that do not constitute Basic Services are Supplemental or Additional Services as provided in Article 4.

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

§ 3.1.2 The Architect shall coordinate its services with those services provided by the Owner 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 written information furnished by the Owner and the Owner’s consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information.

§ 3.1.3 As soon as practicable after the date of this Agreement (but no longer than seven (7) days after such date), the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s Services in such form and including such detail as reasonably required by the Owner. The schedule initially shall include anticipated dates for the commencement and for Substantial Completion of the Work up to the finalization of construction level

AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:37:03 ET on 11/25/2025 under Order No.4104246172 which expires on 12/31/2025, 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 docinfo@aiacontracts.com.

plans and specifications as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner’s review, for the performance of the Owner’s consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner’s approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction.

§ 3.1.3.1 TIME IS OF THE ESSENCE IN THIS AGREEMENT and the Architect will be bound by the schedule and will not deviate from the schedule without the Owner’s express written consent, which consent the Owner shall not unreasonably withhold for deviations or adjustments to the extent necessary due to factors outside the Architect’s control. The Architect shall update the schedule as it relates to the Architect’s work to incorporate any deviations or adjustments approved by the Owner and shall provide the Owner with such updated schedule.

§ 3.1.3.2 In the event that the Architect, Owner, or a consultant fails to meet any of the milestone dates set forth in the Owner-approved schedule submitted in compliance with Section 3.1.3, the Architect shall immediately notify the Owner in writing and in detail of the reasons for such failure. The Architect shall also identify in writing its proposed means of making up time lost within the overall schedule, if feasible, and including, if necessary, additional resource allocations, unless the cause of delay is beyond the Architect’s control, no such notice shall relieve the Architect of, or qualify, the Architect’s responsibilities under Section 3.1.3.

§ 3.1.4 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.

§ 3.1.5 The Architect shall assist the Owner in preparing, submitting, revising from time to time pursuant to the Owner’s instructions, and completing for the Owner’s approval all reasonable and customary documents and applications required to be filed, or deemed advisable by the Owner to be filed, in order to assist the Owner in obtaining any usual and customary permits or approvals in connection with the Project and to otherwise comply with the requirements of governmental authorities except to the extent, if any, that the preparation of the documents and applications for such filing is customarily the responsibility of the Contractor or other third-parties, in which event the Architect shall assist in connection therewith. The Architect shall, as an Additional Service to the Contract, appear and provide services in connection with any public or private hearings, proceedings relating to approvals or presentations and present documents in the normal course of development in connection with the obtaining of such approvals.

§ 3.1.6 The Architect shall assist the Owner in connection with the Owner’s responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project.

§ 3.1.7 If the Architect observes or otherwise becomes aware of any fault, defect or nonconformance in the Work, or any error, omission, or deficiency in the Construction Documents, it shall give the Owner prompt written notice thereof along with specific recommendations for addressing such issues.

§ 3.1.8 The Architect shall review value engineering options provided by the Contractor and incorporate into the Project’s design as approved by or accepted by the Owner upon review of the Owner approved basis of design project criteria, which approval or acceptance shall not be deemed to transfer responsibility or relieve Architect from responsibility for such concepts or design.

§ 3.1.9 Verification of Existing Conditions The Architect shall make such observations as necessary to become familiar with the existing property and structures, including architectural, structural, mechanical, electrical, plumbing, communications, A/V, fire protection, security, and specialty systems as identified by Owner within the Owner approved program package documents.

§ 3.1.10 Under no circumstances will the Owner be responsible to pay the Architect for work required as a result of the Architect’s own negligence or breach of this Agreement.

AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:37:03 ET on 11/25/2025 under Order No.4104246172 which expires on 12/31/2025, 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 docinfo@aiacontracts.com.

§ 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review Laws, including, without limitation, codes, and regulations applicable to the Architect’s services.

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

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

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

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

§ 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3.

§ 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner and request the Owner’s review and approval. The Architect shall meet with the Owner to review the Schematic Design Documents. The Architect shall revise the Schematic Design Documents as requested by the Owner and shall resubmit such revised Schematic Design Documents for the Owner’s approval. This process shall continue until the Owner approves the Schematic Design for the Project.

§ 3.3 Design Development Phase Services § 3.3.1 Based on and subject to the Owner’s approval of the Schematic Design Documents, the Owner’s authorization to proceed with the Design Development Phase Services, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner’s review and 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 describe the size and character of the Project as to architectural, 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.

§ 3.3.2 The Architect shall update the estimate of the Cost of the Work prepared in accordance with Section 6.3.

§ 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner’s approval.

§ 3.4 Construction Documents Phase Services § 3.4.1 Based on and subject to the Owner’s approval of the Design Development Documents, the Owner’s authorization to proceed with Construction Documents Phase Services, 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 and submit the Construction Documents for the Owner’s review and 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

AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:37:03 ET on 11/25/2025 under Order No.4104246172 which expires on 12/31/2025, 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 docinfo@aiacontracts.com.

performance criteria of materials and systems and other requirements for the construction of the Architect’s scope of Work, including all information required to obtain all permits, certifications and approvals necessary to complete the Project. The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4.

§ 3.4.1.1 The Architect shall incorporate in the Construction Documents the design required for compliance with all applicable statutory and regulatory energy and environmental design criteria and applicable standards in developing a design that is consistent with the Owner’s program, schedule and budget for the Cost of the Work.

§ 3.4.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents including, without limitation the design required for compliance with all applicable statutory and regulatory energy and environmental design criteria and applicable standards.

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

§ 3.4.4 The Architect shall update the estimate for the Cost of the Work prepared in accordance with Section 6.3 based on the Construction Documents.

§ 3.4.5 The Architect shall submit the Construction Documents to the Owner for review and approval in accordance with the Design Schedule, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner’s approval. The Architect shall meet with the Owner to review the Construction Documents. The Architect shall revise the Construction Documents as requested by the Owner and shall submit the same to the Owner for its approval. This process shall continue until the Owner is satisfied with the Construction Documents.

§ 3.4.6 Throughout the construction of the Project, any design errors or omissions in the Construction Documents will be promptly corrected by the Architect at no cost to the Owner. The Owner’s approval, acceptance, use of, or payment for, all or any part of the Architect’s Services hereunder or of the Project itself shall in no way alter the Architect’s obligations or the Owner’s rights hereunder.

§ 3.4.6.1 If, due to the negligent omission or failure to perform in accordance with the terms and requirements of this Agreement by the Architect, its consultants, or anyone for whom any of them is responsible, a required item or component of the Project is omitted, or such negligent omission or failure otherwise necessitates a change in the scope of the Work as then represented by the Construction Documents, the Architect shall be responsible for any "Excess Costs" incurred to add or modify such item or component of the Project or implement such change in the scope of the Work (the "Addition/Modification Work"). For the purposes of this Section 3.4.6, "Excess Costs" shall mean the difference between the full amount of the Change Order required by the Contractor to perform the Addition/Modification Work (including, without limitation, the removal of Work already performed if necessary) and the cost which would have been incurred by the Owner had the negligent omission or failure not occurred.

§ 3.5 Procurement Phase Services § 3.5.1 General The Procurement Phase Services shall commence upon written notice from the Owner to the Architect. Following the Owner’s approval of the Construction Documents, and upon the request of the Owner, the Architect shall assist the Owner in (1) obtaining competitive bids; (2) confirming responsiveness of bids; (3) evaluating bids and determining the successful bid, if any; and (4) awarding and preparing contracts for construction.

AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:37:03 ET on 11/25/2025 under Order No.4104246172 which expires on 12/31/2025, 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 docinfo@aiacontracts.com.

§ 3.5.2 Competitive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents designated by the Owner as Bidding Documents.

§ 3.5.2.2 The Architect shall assist the Owner in bidding the Project by:

.1 facilitating the distribution of Bidding Documents to prospective bidders;

.2 organizing and conducting a pre-bid conference for prospective bidders;

.3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and, .4 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner.

§ 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth herein and in Owner’s modified version of the AIA Document A201™–2017, General Conditions of the Contract for Construction (as so modified, the "General Conditions"). If the Owner and Contractor further modify the General Conditions after the execution of this Agreement, the Architect shall not be bound by such modifications to the extent they alter the Architect’s rights and responsibilities hereunder and are inconsistent with this Agreement unless the Architect provides its consent thereto which shall not be unreasonably withheld, conditioned or delayed. In the event of a conflict between the provisions of the General Conditions and this Agreement regarding the rights and responsibilities of the Architect, the provisions of this Agreement shall govern;

provided, however, that if such modifications or supplements as are approved by the Architect under this Section

3.6.1.1 or under Section 5.11 are inconsistent with the provisions of this Agreement, the Owner may choose which document governs the Architect and Owner’s responsibilities to each other.

§ 3.6.1.2 The Architect shall advise and consult with the Owner throughout the Construction Phase. 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 Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect’s negligent acts or omissions, for the negligent acts and omissions of all of the consultants performing any part of the Architect’s Services, and for the failure of the Architect or any of such consultants to comply with the requirements of this Agreement, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work.

§ 3.6.1.3 Subject to Section 4.2 and except as provided in Section 3.6.6.5, the Architect’s responsibility to provide Construction Phase Services commences with the Architect’s receipt of written notice to proceed from the Owner and terminates, except to the extent otherwise provided in this Agreement, on the date the Architect issues the final Certificate for Payment.

§ 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall provide a full time Inspector for each day the contractor is performing work at the site.

The Architect shall provide a Project Manager who will visit the site at intervals appropriate to the stage of construction, including regularly scheduled site meetings and visits, 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, 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 is, and 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

AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:37:03 ET on 11/25/2025 under Order No.4104246172 which expires on 12/31/2025, 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 docinfo@aiacontracts.com.

Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor and approved by the Owner, 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 Contractor, 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 Contractor. The Architect’s response to such requests shall be made in writing within any time limits agreed upon or, if no time limits have been agreed upon, within seven (7) 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 Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith and in accordance with the Standard of Care.

§ 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in the General Conditions, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents.

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

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

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

§ 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Contractor’s submittal schedule and shall not unreasonably delay or withhold approval 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, will be taken within seven (7) days after receipt of the submittal.

AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:37:03 ET on 11/25/2025 under Order No.4104246172 which expires on 12/31/2025, 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 docinfo@aiacontracts.com.

§ 3.6.4.2 The Architect shall, within the time periods provided in the approved submittal schedule (or in the event of no such schedule, within seven (7) days after submission), 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 Architect’s review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures unless otherwise specified by the Architect. 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 Contractor to provide professional design services or certifications by a design professional related to systems, materials, or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractor’s design professional, provided the submittals bear such professional’s seal and signature when submitted to the Architect. The Architect’s review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.