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DRAFT AIA

Document B101TM – 2017

Standard Form of Agreement Between Owner and Architect

AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved.

WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:03:58 on 05/03/2017 under Order No.9607925618 which expires on

01/26/2018, and is not for resale.

User Notes: (810828655)

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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AGREEMENT made as of the « » day of « » in the year « »

(In words, indicate day, month and year.)

BETWEEN the Architect’s client identified as the Owner:

(Name, legal status, address and other information)

Meriden School Building Committee

22 Liberty Street

Meriden, Connecticut 06450 as represented by the Owner’s Project Manager

ARCADIS

213 Court Street, Suite 700

Middletown, CT 06457 and the Architect:

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

(Name, location and detailed description)

«Casimir Pulaski Elementary School »

«1 King Place, Meriden, CT »

«Pre-K through 5th Grade school for 706 students »

The Owner and Architect agree as follows.

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AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved.

WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:03:58 on 05/03/2017 under Order No.9607925618 which expires on

TABLE OF ARTICLES

1 INITIAL INFORMATION

2 ARCHITECT’S RESPONSIBILITIES

3 SCOPE OF ARCHITECT’S BASIC SERVICES

4 SCHEDULE OF 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.)

« 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.)

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

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

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

.1 Design phase milestone dates, if any:

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.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.)

«Construction Manager-at-Risk with a Guaranteed Maximum Price. Throughout this document, references n to

Contractor shall refer to the Construction Manager»

§ 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.)

«Project shall meet, at a minimum, the State of Connecticut High Performance Building Standard, or alternatively, LEED Silver »

§ 1.1.6.1 <Section deleted>

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

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

« TBD »

« x »

« x »

«x »

« x »

«x »

§ 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:

«Arcadis

Att: John J. Butkus, AIA

213 Court Street, Suite 700

Middletown, CT 06457

860-503-1510

John.butkus@arcadis.com »

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

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

.1 Geotechnical Engineer:

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«N/A »

.2 Civil Engineer:

«N/A »

.3 Other, if any:

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

«Commissioning Agent

Testing and Inspections Laboratory

3rd Party Code Reviewer

Threshold Reviewer»

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

«TBD »

§ 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:

.1 Structural Engineer:

« To be determined

.2 Mechanical Engineer:

.3 Electrical Engineer:

.4 Plumbing Engineer:

«To be determined »

.5 BMS Controls Engineer:

«To be determined. »

.6 Fire Protection Engineer:

.7 Civil Engineer:

.8 Traffic Engineer:

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WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:03:58 on 05/03/2017 under Order No.9607925618 which expires on

.9 Geotechnical Engineer:

.10 Site Surveyor:

.11 Landscape Architect:

.12 Hazardous Building Materials Abatement/Remediation:

13. Acoustical Design

14. Information Technology Design

15. Interior Design

16. Life Safety and Elevator Design

18. Estimator Consultant

§ 1.1.11.2 Consultants retained under Supplemental Services:

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

« The Architect shall provide the services set forth on Exhibit B and shall comply with the Project Schedule set forth on Exhibit D. The Architect shall adjust to and comply with any reasonable adjustments of the Project

Schedule requested by Owner. »

§ 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.

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§ 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203™–2013, Building

Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data.

§ 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, and the requisite

AIA Document G202™–2013, Project Building Information Modeling Protocol Form, 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.

§ 1.4 Where reference is made in this Agreement to a provision of the AIA Document A201™–2017 or any other

AIA document or provision, the reference refers to that document or provision as amended or modified by the

Owner and as amended, modified or supplemented by other provisions of the Contract Documents.

ARTICLE 2 ARCHITECT’S RESPONSIBILITIES

§ 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is 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 practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project.

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

Project. The Architect’s representative shall have full authority to accept instructions, make decisions, communicate for and act on behalf of the Architect at all times. While in the employ of the Architect, no key personnel assigned to the Project shall be replaced without the prior consent of the Owner, provided that if key personnel leave the

Architect’s employ or otherwise become incapacitated, the Architect shall designate a replacement member from its existing staff with at least a similar level of experience, subject to the prior written approval of the Owner.

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

Services in compliance with all applicable laws, rules, regulations, ordinances, codes, orders and permits of all federal, state and local government bodies, agencies, authorities and courts having jurisdiction over the Project.

§ 2.4.1 The "Agencies" include the Departments of Education and Administrative Services of the State of

Connecticut including, but not limited to, the Office of Grants Administration and all of its agencies and departments and all other governmental authorities having regulatory or administrative jurisdiction over the Project and all representatives or designees of the Department or such other governmental authorities.

§ 2.5 The Architect shall maintain the following insurance until termination of this Agreement.

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§ 2.5.1 Commercial General Liability with policy limits of not less than «One Million Dollars » ($ «1,000,000 » ) for each occurrence and «Two Million Dollars » ($ «2.000.000 » ) in the annual aggregate for bodily injury and property damage. This policy shall include the following:

• Occurrence form CG 00 01 12 07 or comparable

• Products and completed operations

• Fellow Employee Exclusion Removed

• Primary and Non-Contributory

• XCU included (Explosion, Collapse, Underground) _

• Contractual Liability

• Completed Operations coverage to be reinstated for a period of three (3) years following completion of the project

• Per Project Aggregate

• Personal injury - $1,000,000 limit

• Fire legal liability - $300,000 limit

• Medical payments - $5,000 limit

Additional insured status shall be evidenced by ISO additional insured endorsement or other equivalent which endorsement shall include coverage for such entities with respect to liability arising out of the ongoing operations and completed operations of Architect

§ 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 Dollars » ($ «1,000,000 » ) 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 with policy limits of not less than Five Million Dollars ($5,000,000) per claim and Five Million Dollars ($5,000,000) in the aggregate, 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 statutory limits.

§ 2.5.5 Employers’ Liability with policy limits not less than Five Hundred Thousand Dollar ($ «500,000» ) each accident, Five Hundred Thousand Dollar($ «500,000» ) each employee, and One Million Dollar($ «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 Five Million Dollars ($5,000,000) per claim and in the aggregate and a retroactive date, if any, prior to commencement of services on the Project; and with coverage to be maintained in effect continuously for a period of at least seven (7) years after Substantial Completion of the Project.

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§ 2.5.7 Umbrella Liability Insurance in the amount of at least $5 million overlaying Employer’s Liability, Commercial General Liability (including completed operations), and Business Automobile Liability coverages.

§ 2.5.8 All policies of insurance (except Professional Liability and Workers’ Compensation) shall include the Owner;

City of Meriden, CT; Arcadis, and their respective directors, officers, officials, employees, boards, committees, and agents as additional insureds. All policies of the Architect and its consultants shall include express waivers of subrogation rights against all entities identified in the first sentence of this paragraph as additional insureds.

§ 2.5.9 All insurance policies shall be issued by a company rated at least A (Excellent) or better by A.M. Best, registered to conduct business in the State of Connecticut, and acceptable to the Owner.

§ 2.5.10 No cancellation or material modification shall be effective without sixty (60) days prior written notice to

Owner and the City.

§ 2.5.11 All insurance shall be primary and non-contributing with any insurance maintained by Owner or any other additional insureds.

§ 2.5.12 Certificates of Insurance, and copies of policies if requested by Owner, will be provided to the Owner and/or the City upon execution of this Agreement and prior to performance of any Services hereunder, and no later than sixty (60) days prior to each renewal date thereafter. All Certificates shall identify all endorsements and copies of non-standard endorsements shall be furnished. Certificates of Insurance shall eliminate the wording “endeavor to” and “but failure to mail such notice shall impose no obligation of any kind upon the company, its agents or representatives” from the cancellation provision.

§ 2.5.13 All insurance shall be occurrence-based except for Professional Liability.

§ 2.5.14 All consultants engaged by the Architect in connection with performance of Services on the Project shall maintain at all times those insurance coverages described above in this paragraph 2.5 (except for Professional

Liability and Excess Umbrella coverage amounts which shall be as set forth hereafter in this subparagraph), including, but not limited to, the requirement to name additional insureds as provided in paragraph 2.5.8. The

Architect shall include all the provisions of this paragraph 2.5 in all consulting agreements. No work shall be performed by any consultants until such time as copies of certificates have been furnished to Owner. The

Professional Liability and Umbrella insurance coverages to be maintained by the Architect’s consultants shall be as follows:

Entity Specialty Professional Liability and Umbrella

Structural Five Million Dollars

Mechanical Five Million Dollars

Electrical Five Million Dollars

Plumbing Five Million Dollars

Fire Protection Five Million Dollars

Others Not

Listed

One Million Dollars

No consultants other than those listed shall perform any work on the Project until appropriate insurance coverages have been agreed between Architect and Owner.

§ 2.5.15 All insurance certificates shall identify all endorsements to such policies, Architect shall furnish copies of all non-standard endorsements.

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§ 2.5.16 The amounts of insurance specified in this Agreement do not, in any way limit the liability of the Architect to the Indemnitees (defined in paragraph 10.11) by virtue of its promise to indemnify and hold harmless the

Indemnitees but in the event that any Claim results in a settlement or judgment in an amount in excess of the amount of insurance coverage covered by the Architect, the Architect shall be liable to the Indemnitees for the difference, plus all fees and expenses incurred in collecting same, at the Architect’s sole cost and expense.

§ 2.6 The Architect has identified on the attached Exhibit E – Project Staff, those employees to be utilized by the

Architect in the performance of its Services on the Project. Once approved by the Owner, no change shall be made to Project Staff without prior approval of the Owner, which approval shall not be unreasonably withheld.

§ 2.7 The Construction Documents prepared by the Architect and its consultants shall be complete and accurate; free from all defects and deficiencies; and suitable for their intended purpose. The Architect shall indemnify, defend and hold harmless the Owner from any costs, delays, or other liability incurred by Owner to any contractor or other third party attributable to the Construction Documents. Nothing in this paragraph is intended to infringe upon or diminish the Architect’s right to avail itself of the betterment defense as allowed by applicable law in response to any claim by the Owner hereunder.

§ 2.8 The Architect shall perform the Services as an independent contractor and in a good and workmanlike manner consistent with (i) instructions; guidance and directions provided by the Owner to the Architect; (ii) the terms and conditions of the Agreement; (iii) the highest prevailing applicable professional or industry standard; (iv) sound architectural practices; and (v) any applicable laws, rules, regulations, ordinances, codes, orders and permits of all federal, state and local governmental bodies, agencies, authorities and courts having jurisdiction. Nothing in this

Agreement shall limit the liability of the Architect for errors and omissions related to performance of the Services.

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. The Services shall include all services necessary to ensure a complete and accurate design of the Project including master planning, architectural design, interior design, structural, site, civil, mechanical, electrical, plumbing and piping, fire detection and protection, site and building hazardous materials survey, quantification and remediation/abatement design (monitoring of removals, if required, will be proposed as additional services), life safety, parking and traffic study design, landscaping design, vertical transportation, security, furniture, furnishings and equipment (including classroom and kitchen smallwares and custodial equipment), food services, detailed cost estimating by independent cost estimator, performance space lighting, accessory and sound design (as applicable), acoustical, lighting, technology, all required surveying services and construction administration, special inspections, geotechnical study (field work and report), geotechnical CA services, traffic engineering (including OSTA permitting if required), and State of CT High Performance Building

Standards administration and certification. For the Project, the Architect shall assist the Owner in obtaining necessary approvals from the Connecticut Departments of Education and Administrative Services (with multiple bid approval reviews) and any other governmental, administrative, or regulatory boards or authorities having jurisdiction over the Project. It is the Parties’ intent that the Architect engages all engineering consultants and other consultants necessary to complete the Services as provided herein unless listed as an Owner consultant.

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

§ 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner’s consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner 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. While the Architect shall be responsible for taking reasonable and diligent steps to confirm existing conditions which are necessary to produce accurate Construction Documents for this Project, the

Architect shall not be responsible for unforeseen conditions which are (i) not possible to determine without removal of other elements, (ii) not possible to determine by visual inspection, and (iii) not discernable from a review of existing documentation. Notwithstanding the immunity granted by the foregoing, the Architect will work diligently with the Owner and Construction Manager to uncover existing conditions to the greatest extent practicable, through the use of the Construction Manager’s Investigative Services allowance.

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§ 3.1.3 Within ten (10) days of execution of this Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.

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

Project proceeds until the commencement of construction.

§ 3.1.4 The Architect shall 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 contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements imposed by those authorities and entities.

§ 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 The technology design will be coordinated with the Owner. The Architect is responsible for designing, specifying and layout of all technology. The technology design includes, but is not limited to, classroom interactive displays, video, voice and data. The Architect will design and coordinate technology according to Owner standards.

The Architect shall coordinate and incorporate technology hardware information developed by Meriden Public

Schools into the FF&E/Technology Phase submission to the Department of Administrative Services.

§ 3.1.8 The Architect shall utilize three-dimensional building information modeling (BIM) as the basis for design documents [REVIT or equal]. All disciplines shall be required to work within the model commencing no later than the onset of the Design Development Phase. There will be a minimum of monthly coordination meetings which shall include representatives of the design team, Owner’s Project Manager and Construction Manager. During the

Construction Phase, the model will be made available to the mechanical contractor or other trade contractor for the purpose of developing the MEP coordination documents (a requirement of the submittal process). The Architect will update and maintain a current model throughout the Construction Phase which will reflect all sketches, changes, addenda, RFI response information and other modifications to issued bid documents. In addition, Architect will develop an as-built model which will include all as-built data as received from the Construction Manager, trade contractors, and the Owner. The as-built model shall reflect all substitutions and “as equals” approved for use during submittal process. Upon project completion, the as-built model will be delivered to the Owner.

§ 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, 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 Not used

§ 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

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Schematic Design Documents shall include all the items identified in this phase on the List of Deliverables attached as Exhibit H.

§ 3.2.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation and building systems, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner’s program, schedule and budget for the Cost of the Work.

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

§ 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 approval.

§ 3.2.8 The Architect will complete the site and building hazardous materials surveys prior to the completion of the

Schematic Design Phase.

§ 3.2.9 The Architect shall record, evaluate and respond to comments received from the Owner, the Owner’s Project

Manager, and any Construction Manager based on a review of the Schematic Design Documents. The Architect shall modify the Schematic Design Documents to correct efficiencies; incorporate input from the Owner, Owner’s

Project Manager and Construction Manager, all as approved by the Owner; and identify changes which shall be incorporated into the design of the Project during the Design Development Phase. The Architect shall submit the

Schematic Design Documents to the Owner and request the Owner’s approval. The Schematic Design Phase shall be completed upon submission by the Architect and written approval by the Owner of the Schematic Design

Documents.

§ 3.3 Design Development Phase Services § 3.3.1 Based on the Owner’s approval of the Schematic Design Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare

Design Development Documents for the Owner’s approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and 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. At the minimum, the architectural, lighting, landscaping, MEP, and structural engineering aspects shall be fully developed to describe the interior and exterior design elements of the Project. Interior finish elements shall be selected and described in terms of material and performance. Building materials and color shall be selected at this time and outline specifications shall be prepared. The Architect shall prepare and present working or aesthetic perspectives, rendered elevations, study models and other descriptive visual materials that are reasonably required, in the Owner’s judgment, to illustrate the intent of the design. The Architect shall update the Preliminary Architect Schedule as modified under paragraph 3.2.5. At a minimum, the Design Development Documents shall include all items identified for that phase on the List of Deliverables attached as Exhibit H.

§ 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 record, evaluate and respond to the comments from the Owner, Owner’s Project Manager and Construction Manager based on a review of the Design Development Documents. The Architect shall modify the Design Development Documents to correct deficiencies, incorporate comments from the Owner, Owner’s

Project Manager and Construction Manager, all as approved by the Owner; and identify changes which shall be

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AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved.

WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:03:58 on 05/03/2017 under Order No.9607925618 which expires on incorporated into design of the Project during the Construction Documents Phase. 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. The Design Development Phase shall be completed upon submission by the Architect and written approval by the Owner of the Design Development Documents.

§ 3.4 Construction Documents Phase Services § 3.4.1 Based on the Owner’s approval of the Design Development Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare

Construction Documents for the Owner’s approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and

Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the

Work, the 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. The Construction

Documents shall consist of drawings generated in REVIT or other BIM software approved by the Owner and a project manual including technical specifications. The Construction Documents shall indicate the location, type, extent and specifications for all building systems, materials and equipment. The Architect shall include all major elements, typical and special details, and shall coordinate the Construction Documents with all engineering and other design disciplines. The Construction Documents shall be adequate for obtaining necessary building permits and to develop accurate construction pricing. The Architect shall assist the Owner in the permitting process by responding to the Fire Marshal's and Building Department’s comments and revising documents accordingly for construction. At a minimum, the Construction Documents shall include all the items identified for that phase on the

List of Deliverables attached as Exhibit H.

§ 3.4.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. The Construction Documents shall be in a form satisfactory to obtain all governmental approvals and permits necessary for the implementation of the design including but not limited to the approval of the Department of Administrative Services (DAS). The Architect shall, at its sole cost and expense, obtain the services of any experts required to re-draft, stamp or interpret the drawings or designs as necessary to obtain the required approvals and permits.

§ 3.4.3 During the development of the Construction Documents, 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 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.

§ 3.4.5 The Architect shall record, evaluate and respond to the comments from the Owner, Owner’s Project Manager and Construction Manager based on a review of the Construction Documents. The Architect shall modify the

Construction Documents to correct deficiencies; and incorporate the comments of Owner, Owner’s Project Manager and Construction Manager, all as approved by the Owner. The Architect shall submit the Construction Documents to the Owner, 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 Construction Documents Phase shall be completed by submission by the Architect, written approval by the Owner of the Construction Documents, and written approval by

DAS of the Construction Documents.

§ 3.4.6 As part of the completion of the Construction Documents, the Architect shall provide to the Owner a list of all tests, inspections and reports that are required in the Construction Documents, including, but not limited to, those provided by the Architect as part of its Services. This list must identify the parties responsible for the engagement of and payment to providers of these services.

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AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved.

WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:03:58 on 05/03/2017 under Order No.9607925618 which expires on

§ 3.5 Procurement Phase Services § 3.5.1 General The Architect shall assist the Owner and Construction Manager in establishing a list of prospective contractors.

Following the Owner’s approval of the Construction Documents, the Architect shall assist the Owner and

Construction Manager in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and (4) awarding and preparing contracts for construction.

§ 3.5.2 Competitive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents which comply with the requirements of Conn. Gen. Stat. §10-287(b).

§ 3.5.2.2 The Architect shall assist the Owner and Construction Manager 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.

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

§ 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 below and in AIA Document A201™–2017, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201–2017, those modifications shall not affect the Architect’s services under this Agreement unless the Owner and the Architect amend this Agreement.

§ 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The

Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The

Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the

Architect be responsible for the 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, 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 award of the Contract for Construction and terminates 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 visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, but at least twice weekly, (1) to become generally familiar with the progress and quality of the portion of the Work completed, (2) to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents, and (3) to endeavor to guard the Owner against defects and deficiencies in the Work. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed and promptly report to the Owner (1) known deviations from the Contract

Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. The Architect shall prepare and submit to the Owner written reports of such site visits.

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AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved.

WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:03:58 on 05/03/2017 under Order No.9607925618 which expires on

§ 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents subject to prior notification to the Owner along with submission of documentation supporting the rejection. 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 otherwise with reasonable promptness.

§ 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. The

Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the

Contract Documents.

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

Owner and Contractor as provided in the Contract Documents.

§ 3.6.2.6 To the extent required during each of the performance of the Services, Architect shall assist the Owner in connection with obtaining appropriate and necessary zoning, zoning variances, building permits, and all other necessary…