Mason Consol Architect B133-2019.pdf

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DRAFT AIA

Document B133TM – 2019

Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition

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 possibl e 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)

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.

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)

Mason Consolidated Schools

2400 Mason Eagles Drive

Erie, MI 48133« »« » and the Architect:

TBD

for the following Project:

(Name, location, and detailed description)

Mason Consolidated Schools 2025 Bond Program, in accordance with the application for preliminary qualification of bonds, all in accordance with the Owner-approved plans and specifications, all applicable laws, the Owner’s fixed budget, and as otherwise approved by the Owner.

The Construction Manager (if known):

« TBD

The Owner and Architect agree as follows.

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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

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:

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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

.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.)

[ «X » ] 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.

[ « » ] 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.)

«Not Applicable »

§ 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.)

« Not Applicable »

§ 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.NOT USED

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

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

Kelli Tuller, 734-848-9304 »

« Mason Consolidated Schools

« 2400 Mason Eagles Drive»

« Erie, Michigan 48133»

The Owner may change the representative and the representative’s authority in its sole discretion. The Owner will notify the Construction Manager of any such changes « »

§ 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:

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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

« As the Board of Education directs, the State of Michigan, the appropriate parties having jurisdiction, and any 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.)

.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)

«To be determined »

.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.)

« To be determined, if any »

§ 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:

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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

.1 Structural Engineer:

To be determined « »« »

.2 Mechanical Engineer:

« To be determined »« »

.3 Electrical Engineer:

« To be determined »« »

§ 1.1.12.2 Consultants retained under Supplemental Services:

« To be »determined »

§ 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

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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 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.

§ 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

Commented [MB1]: Verify insurance amounts with insurance carrier.

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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 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 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 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 servicesProject 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. The assistance shall consist of completing and submitting forms to the

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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 appropriate regulatory agencies having jurisdiction over the construction documents, and other services normally provided by the Architect in conjunction therewith.

§ 3.1.8 Prior to the Owner’s acceptance of the Construction Manager’s Guaranteed Maximum Price proposal, or the Owner’s approval of the Construction Manager’s Control Estimate, as applicable, the

Architect shall consider the Construction Manager’s requests for substitutions and, upon written request of the Construction Manager, provide clarification or interpretations pertaining to the Drawings, Specifications, and other documents submitted by the Architect. The Architect and Construction Manager shall include the

Owner in communications related to substitution requests, clarifications, and interpretations. The Architect acknowledges that the services to be provided by the Architect under this Agreement shall include providing all services that may or must be performed by an architect in Public Act No. 306 of 1937, MCL 388.851, et seq. (the “School Building Construction Act”) and Public Act 299 of 1980, MCL 339.2011 (the

“Occupational Code”). The Construction Manager Constructor is to construct the Project pursuant to

Contract Documents, is responsible for the construction means, methods, techniques employed in the performance of the Work, and further that code compliance inspections will be performed by the appropriate

State entities.

§ 3.1.9 Upon request of the Owner, the Architect shall make a presentation or presentations to explain the design of the Project to representatives of the Owner.

§ 3.1.10 The Architect shall submit design documents to the Owner at intervals appropriate of the design process for purposes of evaluation and approval by the Owner.

§ 3.2 Review of the Construction Manager’s Guaranteed Maximum Price Proposal or Control Estimate § 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager, the Construction Manager shall prepare, for review by the Owner and Architect, and for the Owner’s acceptance or approvalrejection, a

Guaranteed Maximum Price proposal or Control Estimate. The Architect shall assist the Owner in reviewing the

Construction Manager’s proposal or estimate, including assisting the Owner with compliance with the Owner’s obligations under the Michigan Prevailing Wage Act, MCL 401.1101, et seq. The Architect’s review is not for the purpose of shall be for all purposes, including discovering errors, omissions, or inconsistencies; for the assumption ofbut the Architect shall not assume any responsibility for the Construction Manager’s proposed means, methods, sequences, techniques, or procedures; or for the verification of any estimates of cost or estimated cost proposals. In the event that the Architect discovers any inconsistencies or inaccuracies in the information presented, the Architect shall promptly notify the Owner and Construction Manager.

§ 3.2.2 Upon authorization by the Owner, and subject to Section 4.2.1.14, the Architect shall update the Drawings, Specifications, and other documents to incorporate the agreed upon assumptions and clarifications contained in the

Guaranteed Maximum Price Amendment or Control Estimate.

§ 3.3 Schematic Design Phase Services § 3.3.1 The Architect shall review the program, and other information furnished by the Owner and Construction

Manager, and shall review laws, codes, and regulations applicable to the Architect’s services. The Architect shall assist the Owner and the Construction Manager in development of the program, schedule and construction budget for final approval by the Owner, consult with the Owner regarding the same, and shall review and comply with, all laws, codes, and regulations applicable to the Architect’s services and the Project.

§ 3.3.2 The Architect shall prepare a preliminary evaluation of the Owner’s program, schedule, budget for the Cost of the Work, Project site, 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.

§ 3.3.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project. The

Architect shall reach an understanding with the Owner regarding the requirements of the Project.

§ 3.3.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, to the Owner and Construction Manager, for the Owner’s approval, a preliminary design illustrating Formatted: Body Text, Indent: Left: 0.1", Right: 0.5"

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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 the scale and relationship of the Project components. Approval by the Owner will not constitute approval of the means, techniques or particular material recommended by the Architect for the Project. Selection by the

Owner of a “particular material” recommended by the Architect for the Project shall constitute approval of that “particular material” by the Owner for aesthetic purposes only.

§ 3.3.5 Based on the Owner’s approval of the preliminary design, the Architect shall prepare Schematic Design

Documents for Construction Manager’s review and the Owner’s approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital representations.

Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing.

§ 3.3.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based on program, budget, and aesthetics, in developing a design that is consistent with the Owner’s program, schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1.

§ 3.3.5.2 The Architect shall consider with the Owner and the Construction Manager 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.

§ 3.3.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager. The

Architect shall meet with the Construction Manager to review the Schematic Design Documents.

§ 3.3.7 Upon receipt of the Construction Manager’s review comments and cost estimate at the conclusion of the

Schematic Design Phase, the Architect shall take action as required under Section 6.4, and request the Owner’s approval of the Schematic Design Documents. If revisions to the Schematic Design Documents are required to comply with the

Owner’s budget for the Cost of the Work at the conclusion of the Schematic Design Phase, the Architect shall incorporate the required revisions in the Design Development Phase.

§ 3.3.8 In the further development of the Drawings and Specifications during this and subsequent phases of design, the

Architect shall be entitled to rely onreceive and review the accuracy of the estimates of the Cost of the Work, which are to be provided by the Construction Manager under the Construction Manager’s agreement with the Owner and shall prepare such estimates of Construction Cost as the Architect deems necessary to perform Basic Services and to satisfy

MCL 339.2011.

§ 3.4 Design Development Phase Services § 3.4.1 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 Construction Manager’s review and the Owner’s approval. The Owner’s approval shall be for general design concept purposes only and shall not be an approval of technical or design details. The Design

Development Documents shall be based upontake into consideration information provided, and estimates prepared by, the Construction Manager and 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.

§ 3.4.2 Prior to the conclusion of the Design Development Phase, the Architect shall submit the Design Development

Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Design Development Documents.

§ 3.4.3 Upon receipt of the Construction Manager’s information and estimate at the conclusion of the Design

Development Phase, the Architect shall take action as required under Sections 6.5 and 6.6 and request the

Owner’s approval of the Design Development Documents. Approval by the Owner will not constitute approval of the means, techniques, or particular material recommended by the Architect for the Project.

Selection by the Owner of a “particular material” recommended by the Architect for the Project shall

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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 constitute approval of that “particular material” by the Owner for aesthetic purposes only.

§ 3.5 Construction Documents Phase Services § 3.5.1 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 Construction Manager’s review and 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, their quality levels, and other requirements for the construction of the Work. The Owner and

Architect acknowledge that, in order to perform the Work, the Construction Manager will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4.

§ 3.5.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the

Project into the Construction Documents.

§ 3.5.3 During the development of the Construction Documents, if requested by the Owner, the Architect shall assist the Owner and Construction Manager in the development and preparation of (1) the Conditions of the

Contract for Construction (General, Supplementary and other Conditions), as modified by the Owner, and (2) a project manual that includes the Conditions of the Contract for Construction, as modified by the Owner, and

Specifications, and may include sample forms. All such documents shall have been provided in a format that conforms with the terms of this Agreement and the drawings/specifications, including but not limited to dispute resolution provisions, and shall comply with all public bidding, and contracting laws applicable to

Michigan public school districts and this Project.

§ 3.5.3.1 Documents referenced in Section 3.5.3 shall consist of the unabridged AIA contract forms modified as necessary to be consistent with this Agreement. The Architect shall include in bid specifications and in any of the relevant document provisions indicating that modified version(s) of the standard AIA General

Conditions A201 -2017 will be utilized. The Architect shall include a form of the General Conditions of the

Contract for Construction provided by the Owner’s legal counsel and include that document in bid specifications and the project manual. The Architect is responsible for verifying that such document is included in the bid specifications and the project manual and shall contact the Owner and the Owner’s legal counsel to verify that that the documents, as they appear in the bid specifications and project manual, are correct.

§ 3.5.4 Prior to the conclusion of the Construction Documents Phase, the Architect shall submit the Construction

Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Construction Documents.

§ 3.5.5 Upon receipt of the Construction Manager’s information and estimate at the conclusion of the Construction

Documents Phase, the Architect shall take action as required under Section 6.7, and request the Owner’s approval of the

Construction Documents.

§ 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 Construction Manager as set forth below and in AIA Document A201™–2017, General Conditions of the Contract for Construction. If the

Owner and Construction Manager 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. The term

“Contractor” as used in A201-2017 shall mean the Construction Manager. If there is a conflict or inconsistency between the terms of that Agreement and the General Conditions for the Contract for Construction, the terms of this Agreement shall govern.

§ 3.6.1.2 Subject to Section 4.2, the Architect’s responsibility to provide Construction Phase Services commences upon the Owner’s acceptance of the Construction Manager’s Guaranteed Maximum Price proposal, or, the Owner’s approval of the Construction Manager’s Control Estimate, or by a written agreement between the Owner and Construction

Manager which sets forth a description of the Work to be performed by the Construction Manager prior to such acceptance or approval the Owner’s first award of a competitively bid subcontract, whichever occurs earlier. Subject to

Section 4.2, and except as provided in Section 3.6.6.5,Unless otherwise provided in this Agreement, the Architect’s

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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 responsibility to provide Construction Phase Services terminates on the date the Architect issues the final Certificate for

Payment.

§ 3.6.1.3 The Architect shall advise and consult with the Owner and Construction Manager during the services described in this AgreementConstruction 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 shallexcept as provided in this Agreement, the Architect shall not be responsible for the Construction Manager’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 Construction Manager or of any other persons or entities performing portions of the Work. Nothing in this Section 3.6.1.3 shall be construed to limit the

Architect’s responsibilities under MCL 339.2011 or Public Act 306 of 1937, both as may be amended from time to time.

§ 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, to become generally familiar with the progress and quality of the portion of the Work completed, to guard the Owner against defects and deficiencies, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, subject to Sections 3.1.8, 3.6.1.3, and 3.6.2.6, 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 Construction Manager, and (3) defects and deficiencies observed in the Work.

§ 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the

Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the

Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Construction Manager, 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 Construction Manager. 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 andthe Construction Manager, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith and without negligence. The Architect’s decisions interpretations 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 Construction Manager 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 interpretations in writing on Claims between the Owner and Construction Manager as provided in the Contract Documents.

§ 3.6.2.6 Notwithstanding anything contained in this Agreement, particularly Sections 3.6.1.3 and 3.6.2.1, nothing contained in this Agreement shall be construed to limit in any way the Architect’s duties and responsibilities under law, including those duties and responsibilities under 1937 PA 306 and 1980 PA 299. It is understood that the Owner has retained a Construction Manager on this Project. The Agreement between

Construction Manager and the Owner shall impose upon the Construction Manager the responsibility for the workmanlike performance of all construction performed on the project and completion of all work required under the subcontract.

The Construction Manager Agreement shall require that the Construction Manager inspect the work of the subcontractors as it is being performed to assure that the work performed and the materials furnished are in accordance with the Construction Documents and provide all supervision, services, utilities, etc., which are

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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 necessary for the completion of the Project which are not provided through the subcontracts, or by the Owner, or as a reimbursable item.

The Architect shall visit the site as necessary to observe Project quality.

§ 3.6.3 Certificates for Payment to Construction Manager § 3.6.3.1 The Architect shall review and certify the amounts due the Construction Manager and shall issue certificates in such amounts. The Architect’s certification for payment shall constitute a representation to the Owner, based on the

Architect’s evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Construction Manager’s

Application for Payment, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Construction

Manager is entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect in writing and accompanying the relevant certification. It is acknowledged that the Architect’s certifications shall take into consideration information provided by the Construction Manager, but the Architect shall remain responsible for any certification issued.

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

Contract Sum.

§ 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment, certified copies of which shall be sent to the Owner.

§ 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Construction Manager’s submittal schedule and shall not unreasonably delay or withhold approval of the schedule. The Architect’s action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect’s professional judgment, to permit adequate review.

§ 3.6.4.2 The Architect shall review and approve, or take other appropriate action upon, the Construction Manager’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Construction Manager’s responsibility. The Architect’s review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. The Architect’s review and approval of a specific item shall not indicate approval of an assembly of which the item is a component.

§ 3.6.4.3 If the Contract Documents specifically require the Construction Manager to provide professional design services or certifications by a design professional related to systems, materials, or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Construction

Manager’s design professional, provided the submittals bear such professional’s seal and signature when submitted to the Architect. The Architect’s review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.