Attachment A - B101-2017.pdf
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- Attached to
- 27-0043 AE for Athletic Field Upgrade
- Solicitation number
- RFP DET 260000002549 1
- Issued by
- Wayne County, Detroit City, Michigan
About this file
This is an AIA Document B101-2017 Standard Form of Agreement between Owner and Architect for the Detroit Public Schools Community District (DPSCD) concerning architectural and engineering design services for FY26 Athletics Field Upgrade Projects at three high schools: Central High School (2425 Tuxedo Street), Denby High School (12800 Kelly Road), and Southeastern High School (3030 Fairview Street), all located in Detroit, Michigan. The Architect shall provide comprehensive existing facility condition assessments and evaluations for each school, identify facility deficiencies and compliance issues with District standards and applicable codes, and develop detailed designs and cost estimates supporting athletic facility improvements. Services encompass civil design, structural engineering, electrical engineering, landscape design, and coordination with the Owner's Representative Consultant (Plante Moran Realpoint, LLC). The project utilizes a Construction Manager as Constructor delivery method and includes multiple design phases: Schematic Design, Design Development, Construction Documents, Procurement, and Construction Phase Services. The Architect shall assign representatives to the project and maintain continuity with identified key team members throughout the engagement, with on-site presence typically one day per week during construction. The Owner's Designated Representative is Machion Jackson, Deputy Superintendent.
The Stated Limitation on Cost of the Work (SLCW) totals approximately $9.2 million for hard construction costs across the three schools: Central High School at $3,437,525, Denby High School at $3,373,825, and Southeastern High School at $2,411,500. These amounts exclude professional fees (including architect and consultants), permits, testing, escalation costs, and contingencies, which will be established during the bidding process. The Architect must obtain and maintain comprehensive insurance including Commercial General Liability of $2,000,000 per occurrence and $4,000,000 aggregate, Professional Liability of $2,000,000 per claim and $4,000,000 aggregate, and Excess Umbrella Liability of $5,000,000 per occurrence and aggregate, with the Owner and Plante Moran Realpoint named as additional insureds. Design and construction milestone dates and the preliminary project schedule are contained in Exhibit C, with the Architect required to submit a detailed service performance schedule for Owner approval. The contract incorporates the Owner's Request for Proposal #27 dated September 1, 2026, by reference as Exhibit F and requires strict compliance with Michigan Revised School Code, the School Building Construction Act, and the Stille-Derossett-Hale Single State Construction Code Act.
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AIA
Document B101® – 2017 Standard Form of Agreement Between Owner and Architect
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 14:33:22 ET on 08/17/2026 under Order No.3104239075 which expires on 12/31/2026, 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: (1145333849)
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.
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Consultation with an attorney is encouraged with respect to its completion or modification.
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AGREEMENT made as of the « » day of « » in the year « Two Thousand Twenty Six » (In words, indicate day, month and year.)
BETWEEN the Architect’s client identified as the Owner:
(Name, legal status, address and other information)
« Detroit Public Schools Community District »« » « 3011 W. Grand Boulevard » « Detroit, Michigan 48202 » and the Architect:the Consultant (also referred to as the "Architect" herein):
(Name, legal status, address and other information) for the following Project:
(Name, location and detailed description)
« Detroit Public Schools Community District » « FY26 Athletics - Central High School, Denby High School, And Southeastern High School Athletic Field Upgrade Projects, Detroit, Michigan » « Central High School – 2425 Tuxedo St., Detroit, MI, 48206 Denby High School – 12800 Kelly Rd., Detroit, MI, 48224 Southeastern High School – 3030 Fairview St., Detroit, MI, 48214»
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 14:33:22 ET on 08/17/2026 under Order No.3104239075 which expires on 12/31/2026, 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
TABLE OF ARTICLES
1 INITIAL INFORMATION
2 ARCHITECT’S RESPONSIBILITIES
3 SCOPE OF ARCHITECT’S BASIC SERVICES
4 SUPPLEMENTAL AND ADDITIONAL SERVICES
5 OWNER’S RESPONSIBILITIES
6 COST OF THE WORK
7 COPYRIGHTS AND LICENSES
8 CLAIMS AND DISPUTES
9 TERMINATION OR SUSPENSION
10 MISCELLANEOUS PROVISIONS
11 COMPENSATION
12 SPECIAL TERMS AND CONDITIONS
13 SCOPE OF THE AGREEMENT
ARTICLE 1 INITIAL INFORMATION
§ 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1.
(For each item in this section, insert the information or a statement such as "not applicable" or "unknown at time of execution.")
§ 1.1.1 The Owner’s program for the Project:
(Insert the Owner’s program, identify documentation that establishes the Owner’s program, or state the manner in which the program will be developed.)
« The Owner is undertaking upgrades, renovations and improvements to specified Owner buildings as detailed herein.
See description of the Project for the Projects as defined in the Owner’s Request For Proposal # 27-____ Architectural & Engineering Design Services for Central High School, Denby High School, And Southeastern High School Athletic Field Upgrade Projects dated September 1, 2026, including Addendum No. 1 dated ________, 2026 (collectively the "RFP"), which RFP is incorporated herein and attached hereto by reference as Exhibit F. The anticipated Cost of Work for the Hard Construction Costs for the FY26 Athletics – Central High School, Denby High School, And Southeastern High School Athletic Field Upgrade Projects assigned to the Architect under this Agreement is projected to be ____ Million ____ Hundred ____ Dollars ($ _______).
§ 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 Detailed Description of the FY26 Athletics, Central High School, Denby High School, And Southeastern High School Athletic Field Upgrade Projects as detailed below and in the Owner’s Board approval and budget transfer and Owner’s RFP, which are attached hereto by reference as Exhibit F. »
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 14:33:22 ET on 08/17/2026 under Order No.3104239075 which expires on 12/31/2026, 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
§ 1.1.3 The Owner’s budget for Stated Limitation on the Cost of the Work (the "SLCW") is set forth above in Section
1.1.1 and in this Section 1.1.3. The SLCW shall include the Cost of the Work, as defined in Section 6.1:in Article 6 of this Agreement, as well as all other elements of the Project for which the Architect has responsibility (furnishing, fixtures, equipment, etc.). Any services provided under this Agreement are subject to the SLCW as specified in Section 1.1.1 and this 1.1.3. In the absence of an express provision to the contrary in this Agreement, the Architect shall perform the required services in a manner that will render a Cost of the Work for the Project that does not exceed the most current Owner-approved SLCW. Subject only to written amendment at the Owner’s sole discretion, the SLCW shall be:
(Provide total and, if known, a line item breakdown.)
« FY26 Athletics Fields -
Central High School: $ 3,437,525 Denby High School: $ 3,373,825 Southeastern High School: $ 2,411,500
Notwithstanding the foregoing, the Cost of the Work and the SLCW amounts are inclusive of hard construction costs, General Contractor fees and costs but exclusive of all professional fees (including, but not limited to the Architect, its employees, agents or the Architect’s Consultants, and Owner’s Representative) and costs (including escalation), permits, testing, and contingencies costs at this time. Once the selected General Contractor is engaged, an updated Cost of Work will be established during the bidding process. Technology design services should not be included in the Architect’s design services Scope of Work, except for coordination purposes. »
§ 1.1.4 The Owner’s anticipated design and construction milestone dates:Subject to amendment by the Owner, the Project’s anticipated design and construction milestone dates are as follows:
.1 Design phase milestone Phase Milestone dates, if any:
« See the Preliminary Project Schedule attached hereto as Exhibit C.
In the event that the Construction Documents are to be issued in multiple bid packages, the Architect shall coordinate its services with the Owner’s Representative Consultant to satisfy the bid package publication dates. The Architect shall submit for the Owner’s written approval a schedule, in accordance with the Design Phase Milestones, for the performance of the Architect’s services and, following Owner’s approval, shall only be adjusted by mutual agreement as the Project proceeds. The schedule shall include adequate allowances for the time required for the Owner’s reviews, for the performance of the Owner’s consultants, and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by the schedule and accepted by the Owner shall not, except for reasonable cause, be exceeded by the Architect. »
.2 Construction commencement date:
« See the Preliminary Project Schedule attached hereto as Exhibit C. »
.3 Substantial Completion date or dates:
« See the Preliminary Project Schedule attached hereto as Exhibit C. »
.4 Other milestone dates:
« Not Applicable »
§ 1.1.5 The Owner intends the following Subject to amendment by the Owner, in the Owner’s sole discretion, the Project’s intended procurement and delivery method for the Project:Project is:
(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.)
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 14:33:22 ET on 08/17/2026 under Order No.3104239075 which expires on 12/31/2026, 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
« Construction Manager as Constructor. »
§ 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.)
« Not Applicable. »
§ 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall may 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:representatives:
(List name, address, and other contact information.)
«§ 1.1.7.1 Owner’s Designated Representative. The Owner identifies the following individual as its Owner’s Designated Representative. The Owner may change the designated representative upon written notice to the Architect; and the Owner may modify the scope of authority of the designated representative in like manner: » «Machion Jackson, Deputy Superintendent » «3011 West Grand Boulevard, 14th Floor Detroit, MI 48202 » «(313) 873-6532; machion.jackson@detroitk12.org» § 1.1.7.2 Owner’s Representative Consultant. The Owner has engaged Plante Moran Realpoint, LLC ("PMR") as an Owner’s Representative Consultant on the Project. The Architect shall keep the Owner and PMR informed in matters regarding the Project. Unless otherwise provided in this Agreement and specifically authorized by the Owner, the Owner’s Representative Consultant is not authorized to commit the Owner in matters regarding changes in the Work, Construction Schedule, or grant approval on behalf of the Owner. The Owner and/or the Owner’s Designated Representative have the sole right to make decisions in matters regarding the Project. The following individual, subject to change upon written notification from the Owner to the Architect, shall be primary contact for the Owner’s Representative Consultant:
Nicole C. Blocker Plante Moran Realpoint, LLC 3000 Town Center, Suite 100 Southfield, Michigan 48075
(248) 223-3380; nicole.blocker@plantemoran.com
§ 1.1.7.3 Reviews. Unless otherwise directed by the Owner in writing, the Architect shall provide the Owner’s Designated Representative and Owner’s Representative Consultant copies of all documents for the Owner’s review, approval, or consideration. »
§ 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.)
« The Owner’s Designated Representative set forth in Section 1.1.7.1 and the Owner’s Representative Consultant set forth in Section 1.1.7.2. »
§ 1.1.9 The Unless provided by the Architect, the Owner shall retain the following consultants and contractors:with whom the Architect shall coordinate:
(List name, legal status, address, and other contact information.)
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 14:33:22 ET on 08/17/2026 under Order No.3104239075 which expires on 12/31/2026, 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
.1 Geotechnical Engineer:
« To be Determined. »
.2 Civil Engineer:
« To be Determined »« »
.3 Other, if any:
(List any other consultants and contractors retained by the Owner.)
«Environmental Consultant – To be determined Survey Consultant – To be Determined Materials Testing Consultant – To be Determined
Construction Manager(s) - To Be Determined Once the Owner has selected a Construction Manager, the Owner will notify the Architect in writing of its selection. »
§ 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:As part of its Basic Services, the Architect shall retain the Consultants identified in Section 1.1.11.1 throughout the duration of this Agreement:
(List name, legal status, address, and other contact information.)
§ 1.1.11.1 Consultants retained under Basic Services:
.1 Structural Engineer:
.2 Mechanical Civil 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 14:33:22 ET on 08/17/2026 under Order No.3104239075 which expires on 12/31/2026, 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
.3 Electrical Engineer:
§ 1.1.11.2 Consultants retained under Supplemental Services:
« None »
§ 1.1.12 Other Initial Information on which the Agreement is based:
« The RFP specified in Section 1.1.1 above and attached as Exhibit F and Architect’s Proposal dated __________, 2026 (the "Architect’s Proposal") which is incorporated herein by reference and attached hereto by reference as Exhibit F. The parties agree that where there is a conflict between the terms of this Agreement and the RFP and Architect’s Proposal, this Agreement shall take precedence. »
§ 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 may, when appropriate, agree in writing to adjust the terms of this Agreement accordingly. The Owner, in its sole discretion, may adjust the SLCW and the Owner’s anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team.
§ 1.3 The parties shall agree upon written Without in anyway limiting or restricting the Owner’s rights or use of the Instruments of Service, the parties shall agree upon protocols governing the transmission and use of, and reliance on, of 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 agreement to written protocols governing the use of, and reliance on, the information contained in the model shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees.Reserved.
ARTICLE 2 ARCHITECT’S RESPONSIBILITIES
§ 2.1 The Architect shall provide professional services as set forth in this Agreement. Agreement, whether performed by the Architect, its employees, or agents, the Architect’s Consultants as enumerated in Sections 1.1.10 and 1.1.11 of this Agreement, and any other services included in this Agreement as Basic Services. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals.
§ 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects exercised by architects of recognized experience and expertise practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project.and in accordance with Section 1.1.4.
Additionally, the Architect acknowledges the Owner is relying on the Architect’s professional skills expertise, and experience in the design and construction of public school facilities. The Architect shall be responsible for the degree of care and skill for all services provided hereunder whether such services are provided directly by the Architect, by its
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 14:33:22 ET on 08/17/2026 under Order No.3104239075 which expires on 12/31/2026, 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 employees or agents, or by any of the Architect’s Consultants hired by the Architect. Nothing in this Agreement shall be construed to eliminate or diminish the Architect’s responsibility for compliance of its design, its Construction Documents, and its services with applicable local, state, and federal statutes, and regulations.
The Architect acknowledges that the services to be provided by the Architect under this Agreement shall include assisting the Owner in complying with the Owner’s obligations set forth in the Michigan Revised School Code (MCL
380.1 et seq., including, but not limited to 380.1264, as amended), the School Building Construction Act (MCL
388.851 et seq., as amended), the Occupational Code (MCL 339.2011, as amended), the Stille-Derossett-Hale Single State Construction Code Act (MCL 125.1501 et seq.) and the Michigan Building Code. The Architect shall assist the Owner in complying with all of the Owner’s competitive bidding requirements under Sections 1267 and 1274 of the Michigan Revised School Code, as amended. Therefore, the Architect hereby agrees to perform the services required of "an architect" pursuant to those Acts, and acknowledges that nothing contained in this Agreement shall be construed to limit the Architect’s services, duties or obligations pursuant to those Acts or otherwise provided by law. Finally, the Architect acknowledges that for purposes of the Acts, the Architect is designated as the person qualified to supervise construction.
Unless modified by this Agreement, the Architect’s services shall be provided in conjunction with the services of a Construction Manager as described in the edition of AIA Document A133-2019, Standard Form of Agreement Between Owner and Construction Manager, as modified between Owner and Construction Manager. The Architect acknowledges that the Construction Manager is serving in the role as constructor where the basis of payment is a stipulated sum. The Architect shall assist the Owner in obtaining and reviewing the Construction Manager’s proposal and stipulated sum. The term "Contractor" as used in AIA Document A201-2017, attached hereto by reference, shall mean the Construction Manager. The terms "Contractor" or "Subcontractor" as used in this Agreement shall mean a contractor or a subcontractor of the Construction Manager.
§ 2.2.1 The Architect represents that the Architect’s services and Instruments of Service shall strictly comply with all applicable federal, state, and local laws, codes, regulations, and ordinances as they are in effect as of the time the construction and building permit is issued.
§ 2.2.2 The Architect agrees and acknowledges that this duty is non-delegable and that the Architect, by signing drawings or preparing Construction Documents to submit for the bidding or for the purpose of obtaining building and other governmental permits, shall be deemed to certify that it has taken reasonable measures to ascertain what codes apply to the Project and has applied them accordingly.
§ 2.3 The Architect shall identify a representative Architect’s representative identified in Section 1.1.10 is authorized to act on behalf of the Architect with respect to the Project.the Architect and fully bind the Architect and commit the Architect’s resources with respect to the Project. The Architect’s key team members are as set forth in Exhibit E. The Architect agrees to commit these key team members throughout the duration of the Project. The commitment of key team members shall also include the Architect’s Consultants referenced in this Agreement. The services of the Architect are deemed to be personal in nature as to these key team members and that the continuity in the Project’s team is valuable to the Owner and that damages due to the disruption to the continuity of the Project team is extremely difficult if not impossible to ascertain. Architect shall promptly notify the Owner if services of any one of the listed team members become unavailable due to circumstances beyond the Architect’s control – e.g., extended illness or disability, death, or termination of employment, etc. Owner shall have the right to interview and select alternate team member(s) employed by the Architect to replace the unavailable team member. Architect shall agree to provide the services of the alternate team member(s) selected by Owner. Architect is not entitled to additional compensation for any such substitution(s) of the Project team members.
§ 2.4 Except with the Owner’s prior knowledge and written consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project.
§ 2.5 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9.Insurance. The Architect and the Architect’s Consultants and Subconsultants, unless otherwise agreed to by the parties in writing, shall obtain and maintain at no additional cost to
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 14:33:22 ET on 08/17/2026 under Order No.3104239075 which expires on 12/31/2026, 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 the Owner the following insurance for the duration of this Agreement. Insurance carriers providing the required insurance policies shall be authorized by the State of Michigan, have an A.M. Best’s Rating of "A" or better, and be acceptable to the Owner. The Architect shall notify the Owner if, during the required coverage period, any of the required overage either becomes unavailable or the Architect’s coverage deviates, or limits are eroded, from the requirements set forth under this Agreement and shall promptly take necessary action to restore the required limits at the Architect’s expense.
§ 2.5.1 Commercial General Liability with policy limits of not less than « Two Million and 00/100 Dollars » ($ « 2,000,000.00 » ) for each occurrence and « Four Million and 00/100 Dollars » ($ « 4,000,000.00 » ) in the aggregate for bodily injury and property damage.
§ 2.5.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits of not less than « One Million and 00/100 Dollars » ($ « 1,000,000.00 » ) per person and per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage.
§ 2.5.3 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, insurance (see Section 2.5.7 below), 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.
§ 2.5.4 Workers’ Compensation at that meets or exceeds the legal statutory limits.
§ 2.5.5 Employers’ Liability with policy limits not less than « One Million and 00/100 Dollars » ($ « 1,000,000.00 » ) each accident, « One Million and 00/100 Dollars » ($ « 1,000,000.00 » ) each employee, and « One Million and 00/100 Dollars » ($ « 1,000,000.00 » ) 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 ($ ) per claim and ($ ) in the aggregate.« Two Million and 00/100 Dollars » ($ « 2,000,000.00 » ) per claim and « Four Million and 00/100 Dollars » ($ « 4,000,000.00 » ) in the aggregate, for liability arising out of any negligent acts, errors and omissions in the Architect, its employees, agents, and Architect’s Consultants and Subconsultants rendering of or failure to render professional services under this Agreement.
§ 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.Excess Umbrella Liability with policy limits of not less than « Five Million and 00/100 Dollars » ($ « 5,000,000.00 » ) per occurrence and « Five Million and 00/100 Dollars » ($ « 5,000,000.00 » ) in the aggregate.
§ 2.5.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.5.Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability shall be endorsed to name the Owner and Plante Moran Realpoint, LLC as additional insureds for claims caused in whole or in part by the Architect’s negligent acts or omissions, as well as on all policies of the Architect’s Consultants identified in Section 2.3.1. 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.
§ 2.5.9 The Architect’s and Architect’s Consultant’s Certificate(s) of Insurance that evidence compliance with the requirements in this Section 2.5 are attached hereto as Exhibit G. The Certificates shall be updated and provided to the Owner at least annually or as the prior Certificates expire. The Owner may require additional proof of coverage in the form of a true and accurate copy of the polices of insurance, themselves. The maintenance of the insurance in strict compliance with the requirement of this Section 2.5 shall be condition precedent to Owner’s obligation to make 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 14:33:22 ET on 08/17/2026 under Order No.3104239075 which expires on 12/31/2026, 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 payment under this Agreement. The insurance policies shall incorporate a provision requiring written notice to the Owner at least thirty days prior to any cancellation, nonrenewal, or material modification of a policy. In the event that any aggregate limit in this Section 2.5, for any reason whatsoever, becomes eroded below the require limits, the Architect shall provide the Owner written notice, and, at Owner’s direction, shall take necessary action to restore the required limits at the Architect’s expense.
§ 2.5.10 Except for Professional Liability Insurance which shall be maintained for a period not less than the applicable statute of limitation or statute of repose, the Architect shall maintain the insurance required under this agreement for the duration of the Agreement. If any of Architect’s insurance policies are "claims-made" policies, Architect shall purchase, at its own expense, "tail" coverage in the event of a termination or disruption of such policy.
§ 2.6 The Architect represents and warrants that it is financially solvent, able to pay its debts as they become due, and possesses sufficient working capital to complete the services and obligations under this Agreement and under the Contract Documents. Architect further represents, warrants, and acknowledges that: (a) it possesses a high level of experience and expertise in the design, business administration, design, and contract administration of public school facilities projects of similar or like size, complexity, and nature of the Project; (b) the Owner is relying on the Architect’s representation herein that it possesses sufficient skill, knowledge, experience, and ability to fully perform the services and its obligations under this Agreement; (c) the Architect will, in addition to the key team members, assign to this Project similarly qualified professional architect(s) and other professionals as needed to deliver quality performance; and (d) the compensation under Section 11.1 is adequate for the timely and quality performance of the Architect’s Basic Services.
§ 2.7 The Architect and Architect’s Consultants shall maintain all necessary licenses, permits or other authorizations necessary to act as licensed (or registered) design professionals for the Project until the Architect’s and Architect’s Consultants’ duties hereunder have been fully satisfied.
§ 2.8 Architect’s Consultants. The Architect shall not engage or permit to be engaged any Consultant to provide services under this Agreement, except as set forth in Section 1.1.11, without the Owner’s prior written consent, which shall be given in the Owner’s sole discretion. The Architect shall require provisions in any subcontract under this Agreement requiring the Architect’s Consultants and Subconsultants to be bound to the Architect by the terms of this Agreement and assume toward the Architect all the obligations and responsibilities which the Architect assumes towards the Owner. Subcontracting any part of the Architect’s services, or the Owner’s approval of any subcontract, shall not in any way relieve the Architect of any liability or responsibility for the complete and proper performance of the services and any other obligations under this Agreement. Unless expressly agreed to in writing by the Owner prior to the Architect entering into a subcontract, the cost of any subcontract shall be borne by the Architect and shall not be passed to the Owner as a Reimbursable Expense.
§2.9 Material Change in Circumstances. The Architect shall notify the Owner in the event of a potential or actual: (a) material change in ownership of the Architect; (b) intent to dissolve; or (c) intent to otherwise cease active participation in the Project’s local marketplace (collectively a "Material Change in Circumstances"). A Material Change in Circumstances shall include any other change that could reasonably give rise to concern on behalf of the Owner regarding the Architect’s ability or willingness to fulfill any of its obligations under this Agreement. In the event of a Material Change in Circumstances, the Architect shall provide any reasonable assurance or guarantee requested by Owner. Owner shall have the right to terminate this Agreement for cause in the event of a Material Change in Circumstances.
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 usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services.Architect shall provide all professional services necessary to provide assessment, evaluation, design, and construction administration support for the complete design, construction documentation, and construction administration of the Project necessary for the Owner’s intended use and shall include, without limitation, civil design services, including structural engineering, and electrical engineering, as needed, landscape design, and any other Consultant services to meet an established overall budget. The selected Architect shall perform a comprehensive existing facility condition assessment and evaluation for each assigned District facility. The evaluation shall identify existing athletic facility types, facility deficiencies, and opportunities to improve facility
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 14:33:22 ET on 08/17/2026 under Order No.3104239075 which expires on 12/31/2026, 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 performance, and compliance with District standards and all applicable local, state, and federal codes. Based on the findings, the Architect shall develop comprehensive designs and budgetary cost estimates to support the intended Project improvements to the athletic facilities.
Such professional services shall fully indicate the requirements for the Work, whether or not those services are individually listed or referred to in this Agreement, with the only exceptions being: (a) the cost of those services that are provided by third parties that are expressly designated herein as being "the Owner’s Responsibility" or "Owner-provided"; and (b) the cost of those engineering or consulting services that become necessary as a result of a written and material Owner-directed change in the Project scope affecting the Architect. Accordingly, the Owner and the Architect acknowledge and agree that there are functions, responsibilities, activities and tasks not specifically described in this Agreement that are reasonably incidental to, and are required for, the proper performance and provision of the Basic Services and are a necessary and inherent part of, or a necessary sub-part included within, the Basic Services. To the extent reasonably incidental to and consistent with the Basic Services such functions, responsibilities, activities, and tasks shall be deemed to be implied and included within the scope of the Basic Services to the same extent and in the same manner as if specifically described in this Agreement, at no additional cost to the Owner. Also see Exhibit A, Menu of Services.
Services shall include, but not necessarily be limited to, the following:
Existing Facility Condition Assessment and Evaluation Design and Cost Estimating Budget Controls and Allocation Coordination and Reconciliation with DPSCD Facilities Group Reporting and Deliverables
§ 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.
The Architect shall coordinate the services provided by the Architect, its employees, agents and the Architect’s Consultants, and meetings and communications between the Architect, its Consultants, Owner, Owner’s consultants, and the Construction Manager.
§ 3.1.2 The Architect shall coordinate its services with those services activities provided by the Owner and the Owner’s consultants. The Architect shall coordinate and assist the Owner in obtaining the information and services described in Sections 5.4 and 5.5. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and completeness of information furnished by the Owner and the Owner’s consultants. consultants upon the Architect’s careful review of such and information. 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, and consistent with the Project’s design milestones set forth in Section 1.1.4, the Architect shall submit for the Owner’s approval and the Owner’s Representative Consultant’s review a schedule for the performance of the Architect’s services. The schedule initially shall include anticipated dates for design services furnished by the Architect, completion of documentation provided by the Architect, public utilities application and installation schedules, governmental agency review and permitting schedules, commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include reasonable 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 accepted by the Owner, Owner in writing, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. Architect. With the Owner’s written approval, the Architect shall may adjust the schedule, if necessary, as the Project proceeds until the commencement of construction.
§ 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. However, the Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency.
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 14:33:22 ET on 08/17/2026 under Order No.3104239075 which expires on 12/31/2026, 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
§ 3.1.5 The Architect shall contact shall, at the appropriate times and in coordination with the Construction Manager, contact the necessary governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to prepare the Contract Documents in accordance with all applicable design requirements imposed by those authorities and entities. Prior to commencing Schematic Design Services, the Architect shall obtain, and evaluate the accuracy of drawings or other information depicting the utilities servicing the Project site or which may be affected by the Project and shall advise the Owner on any apparent discrepancies or incomplete information and suggest additional testing or surveys which might be desirable to understand the existing conditions affecting the Project so as to assist in avoiding differing site condition claims arising during construction.
§ 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. The Architect shall assist the Owner in connection with any other services as requested by the Owner and governmental authorities having jurisdiction and/or reasonably required for the Project.
§ 3.1.7 As requested by the Owner or necessitated by the Project, the Architect shall consider the value of alternative materials, building systems, and equipment, together with other considerations based on program, cost, and aesthetics in developing the design for the Project. The Architect shall also consider value engineering proposals by the Construction Manager in the various phases of its design services. Architect shall thoroughly review any proposed value engineering, value reduction, material substitutions, or other changes (collectively, "VE Revisions"), and any proposed or-equal substitutions of material or other work ("Or-Equal Substitutions"), whether recommended or requested by Construction Manager, Contractor, or Owner’s, to ensure that such Or-Equal Substitutions or VE Revisions are in accordance with applicable codes, the intent of the Construction Documents, supplier manuals and recommendations, and industry standards. Architect shall identify in writing for Owner and Construction Manager any deficiencies with and/or additional risks by accepting the VE Revisions or Or-Equal Substitutions, and provide a recommendation to Owner and Construction Manager whether to approve or reject the VE Revisions or Or-Equal Substitutions. If Owner approves the VE Revisions or Or-Equal Substitutions after Architect identifies in writing the deficiencies and additional risks, and Architect rejects such proposed VE Revisions or Or-Equal Substitutions, then Owner releases Architect from any damages resulting from the incorporation of such VE Revisions or Or-Equal Substitutions to the extent caused by deficiencies and additional risks identified by Architect in writing.
§ 3.1.8 Upon request of the Owner, the Architect shall make presentations to explain the design of the Project to representatives of the Owner and Construction Manager. When making such presentations, the Architect shall correlate the design to the Owner’s established SLCW and schedule. If the Architect’s estimated Cost of the Work and schedule exceeds the Owner’s established SLCW and schedule, the Architect shall also present remedies or alternative designs to bring the estimated Cost of the Work within the Owner’s established SLCW and schedule without sacrificing the Owner’s Program and intent of the Project as established in the Initial Information in Article 1.
§ 3.1.9 Subject to Section 5.16, the Architect shall submit design documents to the Owner at intervals appropriate to the design process for purposes of evaluation and approval by the Owner and review by the Construction Manager. The Architect shall be entitled to rely on written approvals received from the Owner in the further development of the design.
§ 3.1.10 Architect shall furnish to the Owner as part of its Basic Services a complete reproducible set of Record Drawings, and electronic files in AutoCAD 2010 or later format, or other file format acceptable to the Owner, prepared by the Architect, showing significant changes in the Project resulting from addenda, accepted or deleted alternates, field orders, construction change directives, bulletins and/or from marked-up prints, drawings and/or other data generated by the Construction Manager during the course of construction of the Project. The Architect will review with As-Constructed Drawings for accuracy as part of the Basic Services. These Drawings need not include minor changes in the routing of conduit runs and plumbing lines, the exact order of wiring, receptacles or lighting fixtures.
§ 3.1.11 The Architect’s Basic Services includes providing service to investigate existing conditions in facilities and, if necessary, to make measured drawings and phasing drawings thereof with respect to facility assessment, evaluation and Design Services. Where phased construction is planned or required, Architect’s phasing drawings shall include
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 14:33:22 ET on 08/17/2026 under Order No.3104239075 which expires on 12/31/2026, 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 interfacing of building systems and components during phased construction to maintain operation of building systems, building access and security, and site traffic and parking requirements as may be necessary.
§ 3.1.12 Not Used.
§ 3.1.13 The Architect’s Basic Services include such services made necessary by the default of the Construction Manager, or by major defects or deficiencies in the Work of the Construction Manager, provided that such defects or deficiencies are caused in whole or in part by an act or omission of the Architect.
§ 3.1.14 The Architect may render Instruments of Service using Building Information Modeling (BIM) that is fully compliant with the National Building Information Model Standard Project (NBIMS); and providing that all plans and details for the Project are completed and integrated using a common interoperability and fully compatible BIM platform, without exception. A common interoperability and fully compatible BIM platform shall mean that the BIM files must have full interoperability and transparent to users of Revit, Bentley, and other major BIM software. All plans and details shall mean all architectural and engineering drawings (building information), including, but not limited to, architectural, civil, structural, mechanical, electrical, fire-protection, information technology systems, low voltage systems, interior design, furniture, furnishing and equipment, landscape design, etc., that are prepared by the Architect and/or Architect’s Consultants/Subconsultants.
§ 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review and analyze the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect’s services.services and prepare designs and documents accordingly.
§ 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. Project considering the Owner’s long term plans regarding facilities, systems, and equipment and shall arrive at a mutual understanding of such requirements with the Owner before proceeding with drafting the preliminary designs.
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