Lakewood Arch RFP.pdf

LAKEWOOD PUBLIC SCHOOLS

ARCHITECTURAL SERVICES

REQUEST FOR PROPOSALS (“RFP”)

January 8, 2024

A. Instructions

REQUEST FOR PROPOSAL FOR

PART 1 - GENERAL INSTRUCTIONS

Qualified firms are invited to submit proposals to Lakewood Public Schools (the “District”) for Architectural Services for a proposed project which may include: (1) Pre-Design Phase Services, (2) Design Phase Services, (3) Construction Phase Services, (4) Post-Construction Phase Services, and (5) other potential components to be determined (collectively the “Project”). The successful firm is also expected to provide the District assistance in developing the full scope of the District’s construction program and Project.

The scope of the Project is not yet fully determined. Proposing firms are expected to evaluate the District’s facilities immediately and assist in developing the Project program and pre-bond planning.

However, Attachment “D” provides a brief description of what the District envisions for the Project at this time. The District expects to pay for the Project through voted bonds that will be placed on the ballot at a future election.

The District expects that it will use a Construction Manager-Constructor for this Project. The District reserves the right, however, to modify the form of delivery method prior to the execution of an agreement between the selected architect and District based on the proposals submitted. Unless the District modifies the project delivery method, the form of agreement between the selected bidder and the District will be as set forth in Attachment “A,” hereto, which is premised on AIA Document B133

– 2019 Edition. For the purpose of this RFP, the terms “proposal” and “bid” shall be treated as one and the same.

The District reserves the right to reject any or all proposals and to make any award that it considers to be in the best interest of the District.

B. Proposal Submission

To be considered by the District, ten (10) copies of the complete proposal must be received no later than January 31, 2024 at 4:00 p.m. Proposals should be addressed to:

Jammie Sprank Director of Finance Lakewood Public Schools 223 W. Broadway Street Woodland, MI 48897

The lower left corner of the submittal envelope should be marked: PROPOSAL FOR

ARCHITECTURAL SERVICES.

Submitted proposals become the property of the District and will not be returned.

C. Late Proposals

Any proposal received by the District after the time specified above may not be considered, in the District’s discretion. The party submitting a proposal shall bear full and total responsibility for ensuring timely receipt of that proposal.

D. Withdrawal of Proposals

Proposals may be withdrawn by written notice received at any time prior to the submission deadline.

Proposals may be withdrawn in person, provided that the firm's representative signs a receipt for the proposal prior to the submission deadline.

E. Questions Concerning this RFP

Inquiries may be made to Nick Chase at the address above, via telephone at (269) 838-2302, or via email at nickchase@lakewoodps.org. Information about the District is available during business hours (7:30 a.m. – 4:00 p.m.).

F. Economy of Preparation

Proposals should be prepared simply, providing a concise description of the submitting party’s ability to meet the requirements of this RFP. Please limit your proposal to the information requested in Part 3

- Proposal Details and Part 4 – Proposal Summary.

G. Proposal Signature

The section entitled, Part 4 - Proposal Summary, should be signed by the person responsible for the decision as to services and costs being offered. In the case of a joint proposal, each party should certify as to services and costs being offered by its own firm in connection with this proposal.

H. Prime Responsibilities

The firm selected will be required to assume responsibility for all services offered in the proposal, regardless of who actually provides such services and whether the selected firm utilizes separate consultants. The selected firm shall be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract. The firm shall provide all necessary services that may be provided for the Project by an architect or engineer as described in 1937 PA 306, as amended, the School Building Construction Act, and 1980 PA 299, as amended, and other applicable laws. In the event of a joint proposal, such firm shall be jointly and severally responsible for all services offered in the proposal, regardless of who produces them.

I. Proposal Preparation Costs

All costs incurred for proposal preparation presentation, or contract negotiation, are the responsibility of the firm. The District shall not be responsible for, and will not pay, the cost for any information solicited or received.

J. Acceptance of Proposal Contents

The contents of the proposal of the selected firm will become contractual obligations when a contract is issued, except with regard to particular contents which are rejected by the District. Failure of the successful firm to abide by such obligations without the express consent of the District’s Board of Education will result in cancellation of the award.

K. Proposed Project Schedule

The District expects work on the Project to commence as soon as practical after the Agreement is finalized. The District and all bidders recognize that this schedule may be modified once the Architect and Construction Manager are selected and the Architect and the Construction Manager firms have reviewed the Project requirements. Notwithstanding the foregoing, a review of the District’s facilities is time critical and may be expedited.

L. Collusive Bidding and Relationship Disclosure

The Proposer certifies that its Proposal is made without any previous understanding, agreement or connection with any person, firm, or company making a Proposal for the same project and is in all respects fair and without outside control, collusion, fraud, or other illegal action.

The Proposer shall submit a Familial Relationship Disclosure in substantially the form attached hereto as Attachment “B.”

The Proposer shall submit an Iran Economic Sanctions Act Certification in substantially the form attached hereto as Attachment “C.”

M. Scope of Services

It is assumed that any proposal submitted will include, but shall not necessarily be limited to, the performance of all of the activities and services identified in this section and as set forth in the form of Agreement attached as Attachment “A.” The District will consider alternate proposals; however, the proposals must clearly indicate any activities that have been deleted and/or added from the requested scope of services. References to the “Architect,” “Engineer,” “Architect/Engineer,” “Designer,” “Proposer,” “Bidder,” or “firm,” or other similar term shall all be intended to refer to the entity submitting a response to this RFP.

1. Pre-Design Phase Services

a. Conducting a full facilities review with the District and potentially the

Construction Manager.

b. Assist in developing a construction program and project scopes and establishing an estimated cost of each desired improvement in accordance with MCL 339.2011 (which cost estimating obligation shall continue after programming).

c. Assist in determining the estimated cost of the desired improvements and in sizing the Project.

d. Attend meetings and make presentations concerning the proposed Project.

e. Assist the District in the development of the District’s construction program and Project scope.

2. Design Phase Services

a. Develop Preliminary Design including, but not limited to, Space Planning, Schematic Design and Design Development specific to the Project.

b. Complete Final Design including, but not limited to, working drawings, specifications, cost estimates, prospective bidders list, approvals (State and local authorities), technical addenda and clarifications for all of the following, as applicable for each particular project:

i. Landscape/Site Design

ii. Structural Design

iii. Architectural Design

iv. Mechanical Design

v. Electrical Design

vi. Civil Design

vii. Theater/Stage/Lighting Design

viii. Acoustical Design

ix. Technology Design and Procurement

x. Energy Efficiency Design

xi. Playground Design

xii. Traffic Engineering

c. Attend meetings with each committee to develop goals, explain options, and reach consensus on final plans.

d. Provide copies of meeting minutes for distribution to appropriate staff and Board members.

e. Review the construction schedule and recommendations for appropriate bidding categories and phases.

f. Review an occupancy schedule to be implemented upon completion of construction.

g. Produce and review projected cash flow schedules for all aspects of the Project.

h. Review commissioning options with District and incorporate appropriate commissioning duties into the plans and specifications.

i. Provide necessary cost estimates to satisfy statutory requirements and to permit the Architect to perform basic services.

3. Bidding Phase Services

a. Complete bid package of all required construction documents and specifications, including reproduction of same.

b. Develop the necessary advertising for bid document distribution.

c. Assist District with creating all possible contractor interest in bidding and performing this work.

d. Prepare and distribute construction documents to bidders.

e. Participate in pre-bid conferences with all bidders for each division of work.

f. Assist in evaluating bids in each work category.

g. Participate in post-bid interviews with apparent low bidders.

h. Develop award recommendations to District.

i. Review all trade contracts and associated documents.

j. Advise District as to necessary building permits and other governmental agency approval applications.

4. Construction Phase Services

a. Provide on-site observation and supervision of construction in satisfaction of the requirements of 1937 PA 306 and 1980 PA 299, including supervision and site visits as necessary during the entire construction period.

b. Continually monitor and update construction, construction draw, and occupancy schedules.

c. Prepare change order requests, and receive District approvals.

d. Review shop drawings and expedite the review process.

e. Review payment and cost control procedures, including the following:

i. Contractors’ Schedule of Values

ii. Contractors’ Payment Application and Certification

iii. Contractors’ Sworn Statements and Waivers of Lien, if applicable

iv. Purchase Order and disbursement Summaries

v. Change Order Listings

vi. Budget Cost Summary Reports

f. Participate in progress meetings and provide progress reports of same.

i. As needed, meet with the building principal to discuss any activities which may affect operations.

ii. Weekly meeting with District representative and trade contractors.

iii. Monthly meetings for planning, coordination, and payments with

District administrators which will include status reports on the Project, budget, change orders, and allowances for reimbursable expenses.

g. Prepare as-built drawings and record and review operating and maintenance manuals, warranties, guarantees, and Project directories.

h. Ensure that all construction is completed as specified by the construction documents and meets all codes and regulations of agencies having jurisdiction.

i. Provide review and coordinate Project commissioning, including but not limited to mechanical and electrical systems.

j. Prepare punch lists, coordinate final inspections, and recommend District acceptance and occupancy.

5. Post-Construction Phase Services

a. Assist in facilitating/requiring training sessions for appropriate employees regarding the operation and maintenance of technical equipment.

b. Provide follow-up and call-back services for the duration of the longest warranty period covered by a contractor on the Project.

c. Conduct a post-occupancy walk-through appropriately timed to address Project issues prior to expiration of applicable warranties.

N. Insurance Coverage

Prior to beginning work, the selected firm will be required to provide a copy of insurance certificates for general and professional liability coverages. Any consultants of the Architect shall provide insurance coverages at least equal to that provided by the Architect, and those consultants shall provide insurance certificates for general and professional liability coverages.

O. Payment of Fees

Professional fees and reimbursable expenses shall be itemized on the same invoice so that the District issues no more than one monthly check to the architectural firm. The specific days of the month on which invoices are to be received and checks released, as well as the payment schedule, will be determined when the contract is finalized with the selected firm. The District will make payments to the Architect as determined during negotiations for a final Agreement with the selected firm. No payment for any professional services and/or expenses will be made before the District receives bond proceeds from a future bond issue. If the bonds are not issued, the District shall not be responsible for payment of fees and reimbursable expenses, and the District may terminate the Agreement. When the District receives bond proceeds from a future bond issue, the District shall be responsible for payment of the agreed upon fees and/or reimbursable expenses incurred by the Architect, which shall be described in the Agreement.

PART 2 - PROPOSAL REVIEW AND SELECTION PROCESS

A. Time Frame for Architect Selection

It is the intent of the District to select an Architect according to the following schedule:

January 8, 2024 RFP is released.

January 22, 2024 Optional Pre-proposal review meeting with Owner at 11:30 a.m.

January 31, 2024 Proposals are due.

February 1 through February 9, 2024 Optional Bidder interviews with Selection Committee.

February 12, 2024 Board of Education selects an Architect and authorizes the Superintendent to finalize Agreement.

February 13, 2024 Architect begins work.

The District reserves the right to adjust the above schedule and/or to add/remove steps as it deems necessary or desirable in its sole discretion, with or without notice to bidders or potential bidders.

B. Review and Selection Process

The District reserves the right to reject any or all proposals that are determined not to be in the best interest of the District. The District will not necessarily select the lowest cost proposal.

C. Architect Interviews

It is expected that the District may invite firms to participate in interviews with the Board of Education (and/or, if applicable, any Selection Committee) and to answer any questions that may exist about their proposal.

D. Evaluation Criteria

The District will evaluate proposals considering all of the information provided in response to this Request for Proposal, including but not necessarily limited to the following:

Adherence to RFP: To merit evaluation, submittals must conform, in both content and presentation, to the parameters established in this request.

Relevant Experience: Relevant experience of the firm with construction and renovation of K- 12 public school facilities, particularly those of comparable size and complexity.

Qualifications: Qualifications and experience of the key staff to be assigned to these projects.

Timeliness: Ability of the firm to complete work tasks specified in this RFP in a timely fashion.

Responsiveness: The ability to meet quickly with District officials, contractors, etc. when necessary.

Team Compatibility: The ability of the firm to work with students, District employees, parents, community members, architectural firms, contractors, and governmental officials based on references and interviews.

Fee Proposal: The total fees for Architectural services, including professional fees and allowances for reimbursable expenses.

E. Awarding of the Contract

All proposals received shall be subject to evaluation by District Administration and the Board of Education for the purpose of recommending a firm or firms with whom a contract will be executed. It is anticipated that the Board of Education will authorize a District administrator to finalize contract terms with the selected firm, which terms will be subject to the final approval of the Board of Education.

The form of Contract shall be based on the modified version of AIA Document B133 – 2019 Edition, attached hereto as Attachment “A.” The bidder shall be deemed to agree with the attached document in its entirety, except and to the extent the bidder specifically objects in writing to any provision therein and attaches the objection(s) as a separate document to its response to this RFP, along with a proposed alternative.

Notwithstanding anything herein to the contrary, the District shall have the ability, in its sole discretion, to negotiate any term of the Contract. The award of a Contract shall be contingent upon the successful negotiation of same. Without limiting the breadth of the foregoing, it is expressly acknowledged and agreed that the District has the right to require negotiation of an Owner/Architect Agreement utilizing an “agency” construction manager or using no construction manager.

PART 3 – PROPOSAL DETAILS

NAME OF FIRM: YEAR ESTABLISHED:

ADDRESS:

(Street) (City/State) (Zip Code)

TELEPHONE NUMBER: FAX NUMBER:

(Area Code) (Area Code)

A. BUSINESS ORGANIZATION

1. Individual Partnership Corporation Other

2. Years firm has provided K-12 Architectural Services:

3. List Principals and officers of the firm:

4. List the various professional and support staff positions and number of personnel in each position in your firm. Provide the hourly rates of all listed staff categories in this paragraph. Bidders should list all employees/staff categories and their hourly rates if the bidder proposes to utilize such staff for the Project.

Professional Staff Number Hourly Rate Support Staff Number Hourly Rate

5. Provide a brief history of your firm’s experience with public school construction.

6. Recognizing the timing of the Owner’s bond planning process, describe your firm’s planned support of and commitment to the Owner’s informational and interested voter campaigns related to a bond issue.

a. Describe the processes and strategies you would use in assisting the district in developing the informational campaign strategies for a successful bond issue proposal. What specific impact can your firm bring to this effort?

b. Describe the materials that your firm would provide such as graphic presentation of planned projects, brochures, postcards, displays, etc.

c. Identify in detail any other commitments the firm would make in assisting the district in the bond election process.

7. Describe your firm’s instructional technology expertise. If this expertise is not in-house, which firms have you worked with successfully and why? Describe trends in technology integration in classrooms which you think have been successful and those which you believe were less valuable.

How do you see technology being utilized in K-12 education in projects you may complete 5 years from now?

8. Describe the services your firm will provide during and after Project Closeout, Commissioning, Punch List process, and following up on claims, guarantees and warranties.

9. PERSONNEL:

Provide an organization chart, including resumes of all key personnel your firm will commit for the duration of this Project if awarded the contract and the hourly rate for such personnel in the event they provide Additional Services, and provide documentation regarding their respective qualifications. For the project manager and project architects you identify to be assigned for the duration of our Project, provide the name and phone number of two superintendents, two business managers, and two building principals with whom the architect has worked on a school building project. Architect shall not change staff assigned to the Owner’s Project without Owner’s approval or Owner’s request except in the event such individual dies, is disabled or leaves the employment of the Architect.

10. List professional consultants outside your firm you propose using to provide services not available in your firm.

Location Number of Times Firm Name City/State Specialty Affiliated With You

11. What is your firm’s present workload?

Number of Projects $ Value

Bond elections in the next 12 months Projects in pre-construction phase Projects in construction phase

Provide a list of all scheduled construction projects and unscheduled construction projects currently being handled by your firm, including an indication of percentage of completion for each project.

12. What is your General Liability Insurance coverage:

a. Total amount of protection provided.

b. Amount of deductible, if any.

c. Name, address, phone #, and contact person of Insurance Company.

d. Are the costs of this coverage included in your Fee Proposal? If not, what is that additional cost?

13. What is your Professional Liability coverage:

a. Total amount of protection provided.

b. Amount of deductible, if any.

c. Name, address, phone #, and contact person of Insurance Company.

d. Are the costs of this coverage included in your Fee Proposal? If not, what is that additional cost?

14. Has your firm had litigation, arbitration or a claim filed against or settled with your firm by an educational client or have you filed or settled the same against an educational client? If yes, explain each in detail.

15. Has your firm had litigation, arbitration or a claim filed against or settled with your company by any client outside of the educational market or have you filed the same against any other client? If yes, explain each in detail.

16. Has your firm ever been terminated, for cause or for convenience, prior to completion of a project or has your firm ever terminated an architectural or design contract, for cause or for convenience, prior to completion of a project? If yes, explain each in detail.

B. Approach to Architectural Services

1. Describe in detail, the process you will follow from approval of the bond election to approval of the final design, to develop the drawings and specifications for our Project.

2. List what you consider to be the best new construction/school building renovation project you have designed:

Project Name:

School District:

Contact:

Phone Number Total Cost Square Footage Cost per Square Foot # of Change Orders Cost of Change Orders

Date Completed Project Architect

Why do you consider this school to be your firm's best work?

3. List the top five exceptional educational features of new school construction/school building renovations designed by your firm.

4. Describe the method(s) of budget/cost control, quality control, and time schedule adherence you will use for the Project.

5. List the steps in your standard change order procedure, your criteria used to determine whether Additional Service fees will be charged and for change orders, and your fee schedule for change orders.

6. Explain your philosophy regarding change orders and identify on both a dollar and percentage basis the volume of change orders on each of your last five (5) K-12 new school construction/building renovation construction projects. For these projects, indicate the proportion of those changes that were owner-initiated and the identity of the owner.

7. Describe how your firm stays up-to-date on construction code and regulatory requirements applicable to school construction.

8. Some of the construction work may occur while school is in session. Describe how your firm will minimize any interruptions to our day-to-day operations.

9. Discuss the method of on-site observation you will use for our Project, and how you will ensure a same-day response should we need on-site advice.

10. Describe your philosophy regarding the establishment, use and purpose of contingency funds.

11. Identify all categories of anticipated reimbursable expenses the Architect would expect to charge to the District.

12. Describe in detail the typical school bond election informational campaign run by your firm, including the identification of the individual(s) you would assign to such a campaign to work with the District. Please also identify the number of school bond campaigns your firm has handled in the last 24 months in Michigan and identify all such successful campaigns. Include references from at least one unsuccessful and two successful campaigns.

13. Add any additional information about your design approach as envisioned for this Project.

14. List the three (3) most recent new school construction/building renovation projects for which your firm has acted as Architect.

a. Project Name:

Contact:

Phone Number Total Cost Square Footage Cost per Square Foot # of Change Orders Cost of Change Orders

Date Completed

b. Project Name:

Contact:

Phone Number Total Cost Square Footage Cost per Square Foot # of Change Orders Cost of Change Orders

c. Project Name:

Contact:

Phone Number Total Cost Square Footage Cost per Square Foot # of Change Orders Cost of Change Orders

C. Anticipated Project Schedule

The District desires the selected firm to review the District’s existing facilities and assist the District in preparing a Project scope immediately after selection. If the bonds financing the project are qualified through the Michigan School Bond Qualification and Loan Program, the Architect must prepare an Application for Preliminary Qualification of Bonds and file it with the Michigan Department of Treasury. Thereafter, the District, the Construction Manager, and the Architect will collaborate on creating a detailed Project schedule upon a successful bond vote. Please identify any concerns or reservations your firm may have with these general parameters and describe any negative impacts on the Project foreseen as a result of such parameters. The District anticipates working with the selected Architect after bidding to consider Project Schedule adjustments necessary to maximize bidding opportunities.

PART 4 – PROPOSAL SUMMARY

Because this RFP relates to the provision of services on a yet-to-be-determined project scope, the cost proposal shall be stated as a percentage of construction cost as set forth below. The total cost is to include professional fee and allowances for reimbursable expenses. A general description of the Project is identified in Attachment “D.” The District understands the difficulty in submitting a cost proposal for an undefined Project scope, so if you believe any other information or clarification may be helpful to the District in determining your cost for services (such as, but not limited to, a further breakdown of costs per cost or work category), please include that information in your proposal.

Bond size: $25-50 Million

New Construction Renovations Technology

1. Pre-Design Phase

2. Design Phase

3. Bidding Phase

4. Construction Phase

5. Post-Construction Phase

6. Any Other Costs

This proposal has been prepared to provide the District with all the information requested in Part 3

- Proposal Details, of the RFP regarding Architectural Services. The undersigned certifies that the proposal contained herein meets or exceeds the scope of services as outlined in this RFP, and that any items that have been deleted from and/or added to the requested scope of services (including, but not limited to, the proposed contract language) are clearly noted as follows:

Signed this day of , 2024.

Firm Name:

Address:

Phone Number: Fax Number:

If a corporation, indicated State of incorporation and affix seal.

Attest:

By:

Signature/Title

AIA Document B133™ – 2019. Copyright © 2014, and 2019 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 10:05:10 ET on 03/04/2020 under Order No.4069084663 which expires on 02/13/2021, and is not for resale.

User Notes: (1714763832)

ATTACHMENT “A”

AIA Document B133TM – 2019 Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition

AGREEMENT made as of the « » day of « » in the year « 2024 » (In words, indicate day, month and year.)

BETWEEN the Architect’s client identified as the Owner:

(Name, legal status, address, and other information) and the Architect:

for the following Project:

(Name, location, and detailed description)

The Construction Manager (if known):

The Owner and Architect agree as follows.

ADDITIONS AND DELETIONS:

The author of this document has added information needed for its completion.

The author may also have revised the text of the original AIA standard form.

An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed.

This document has important legal consequences.

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

This document is intended to be used in conjunction with AIA Documents A201– 2017™, General Conditions of the Contract for Construction; A133–2019™ Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price;

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

AIA Document A201™–2017 is adopted in this document by reference. Do not use with other general conditions unless this document is modified.

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

« Lakewood Public Schools Bond Program, in accordance with the relevant application for preliminary qualification of bonds, the approved plans and specifications, the Owner’s fixed budget, and as otherwise approved by the Owner. »

« Lakewood Public Schools»« » « 223 West Broadway Street» « Woodland, Michigan 48897»

AIA Document B133™ – 2019. Copyright © 2014, and 2019 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 10:05:10 ET on 03/04/2020 under Order No.4069084663 which expires on 02/13/2021, and is not for resale.

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 Architect shall assist the Owner in developing the program in accordance with Section 3.3. »

§ 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.)

« To be determined »

§ 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.)

« A fixed sum established by the Owner »

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

.1 Design phase milestone dates, if any:

.2 Construction commencement date:

AIA Document B133™ – 2019. Copyright © 2014, and 2019 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 10:05:10 ET on 03/04/2020 under Order No.4069084663 which expires on 02/13/2021, and is not for resale.

« Steven Skalka » « Superintendent » « Lakewood Public Schools » « 223 West Broadway Street » « Woodland, Michigan 48897 »

.3 Substantial Completion date or dates:

.4 Other milestone dates:

§ 1.1.5 The Owner intends to retain a Construction Manager pursuant to the following agreement:

(Indicate agreement type.)

[ « » ] AIA Document A133–2019, Standard Form of Agreement Between Owner and Construction

Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price.

[ « X » ] AIA Document A134–2019, Standard Form of Agreement Between Owner and Construction

Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price.

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

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

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

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

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

§ 1.1.8 The Owner identifies the following representative in accordance with Section 5.4:

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

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

« Board of Education; State of Michigan; and others required by law. »

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

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

AIA Document B133™ – 2019. Copyright © 2014, and 2019 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 10:05:10 ET on 03/04/2020 under Order No.4069084663 which expires on 02/13/2021, and is not for resale.

.1 Construction Manager:

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

.2 Land Surveyor:

« To be determined, if any »« »

.3 Geotechnical Engineer:

.4 Civil Engineer:

.5 Other consultants and contractors:

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

« N/A »

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

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

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

§ 1.1.12.1 Consultants retained under Basic Services:

.1 Structural Engineer:

« To be determined »« »

AIA Document B133™ – 2019. Copyright © 2014, and 2019 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 10:05:10 ET on 03/04/2020 under Order No.4069084663 which expires on 02/13/2021, and is not for resale.

.2 Mechanical Engineer:

.3 Electrical Engineer:

§ 1.1.12.2 Consultants retained under Supplemental Services:

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

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

§ 1.3 The parties shall agree upon 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.

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 and familiar with the school construction industry. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project.

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

AIA Document B133™ – 2019. Copyright © 2014, and 2019 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 10:05:10 ET on 03/04/2020 under Order No.4069084663 which expires on 02/13/2021, and is not for resale.

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

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

§ 2.6 Insurance. The Architect shall maintain the following insurance until termination of this Agreement in the amounts identified below, in an Architect-provided certificate of insurance, or as required by law, whichever is greater.

If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9.

§ 2.6.1 Commercial General Liability with policy limits of not less than « Two Million Dollars » ($ « 2,000,000 » ) for each occurrence and « Four Million Dollars » ($ « 4,000,000 » ) in the aggregate for bodily injury and property damage.

§ 2.6.2 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.

§ 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.6.1 and 2.6.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. The Architect shall provide umbrella coverage with a policy limit of not less than Four Million Dollars ($ 4,000,000).

§ 2.6.4 Workers’ Compensation at statutory limits.

§ 2.6.5 Employers’ Liability with policy limits not less than « Five Hundred Thousand Dollars » ($ « 500,000 » ) each accident, « Five Hundred Thousand Dollars » ($ « 500,000 » ) each employee, and « Five Hundred Thousand Dollars » ($ « 500,000 » ) policy limit.

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

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

§ 2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.6 at the time of execution of this Agreement.

§ 2.6.9 Prior to the commencement of any Project, the Architect shall notify the Owner in writing of its proposed insurance coverages and amounts, even if they are the same as identified in this Section 2.6, which coverages and amounts shall be subject to the Owner’s reasonable approval, and such coverages will not be terminated, non-renewed, or reduced without at least 30 days’ prior written notice to the Owner.

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, civil, interior design, landscape design, food service, theater, acoustical, and electrical engineering services and other architectural and engineering services required to complete the Project, all provided by those qualified and experienced in their respective fields, as needed, to address the requirements of the Project. Services

AIA Document B133™ – 2019. Copyright © 2014, and 2019 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 10:05:10 ET on 03/04/2020 under Order No.4069084663 which expires on 02/13/2021, and is not for resale.

not set forth in this Article 3 are identified in this Agreement, the General Conditions, and any other Contract Document shall be Basic Services unless expressly identified therein as Supplemental or Additional Services.

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

§ 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit, for the Owner’s and Construction Manager’s review and the Owner’s approval, a written schedule for the performance of the Architect’s services for inclusion in the Project schedule prepared by the Construction Manager. The schedule of the Architect’s services shall include design phase milestone dates, as well as the anticipated dates when cost estimates or design reviews may occur, 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 (1) for the Owner’s review and provision of information, (2) for the Construction Manager’s review, (3) for the performance of the Construction Manager’s Preconstruction Phase services, (4) for the performance of the Owner’s consultants, (5) for a master design schedule for planning, schematics, design development, and construction documents phases, and (6) 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 and with mutual written agreement of the parties, be exceeded by the Architect or Owner. With the Owner’s approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction.

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

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

§ 3.1.6 The Architect shall, in coordination with the Construction Manager, contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements imposed by those authorities and entities. The Architect shall have the primary responsibility to complete any required documents requiring governmental approval and ensure that they are properly filed on behalf of the Owner. This responsibility includes the preparation of the preliminary qualification application for the bond issue financing the project, if the project is financed with a bond issue qualified by the School Bond Qualification and Loan Program.

§ 3.1.7 The Architect shall assist and advise the Owner and Construction Manager in connection with the Owner’s responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project and relating to construction design and performance when not covered by Section 3.1.6. The Architect shall assist the Owner in applying for those permits and approvals normally required by law for projects similar to the one for which the Architect’s services are being engaged.