RFP27007054 Sample AIA C172.pdf

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Attached to
URI OPM Biomedical Sciences Building
Solicitation number
RFP27007054
Issued by
Providence County, Rhode Island

About this file

This is an AIA Document C172-2014 Standard Form of Agreement between Owner and Program Manager for a single project involving the State of Rhode Island Department of Administration Division of Purchases, the University of Rhode Island Board of Trustees, and the University of Rhode Island as the User Agency. The agreement establishes the contractual relationship for an Owner's Project Manager to provide comprehensive program management services for the URI Biomedical Sciences Building project located in Kingston, Rhode Island. The Program Manager's basic services include developing a Project Management Plan, establishing project controls for budget and schedule, conducting site visits at appropriate intervals, managing project information systems, preparing monthly project reports, and assisting with consultant selection and construction contract administration. Additional services may be provided for cost estimating, on-site construction administration, community communications, sustainability certifications, and other specialized services as designated by the Owner. The agreement does not specify a fixed contract term but indicates services will continue through project completion and closeout, with the Program Manager required to preserve project documentation for one year after Substantial Completion.

Compensation for Basic Services is structured on an hourly basis according to the Program Manager's Cost Proposal dated October 27, 2017, plus reimbursable expenses, with monthly invoicing due within thirty days of presentation. Additional Services are compensated as specified in designated sections or as mutually agreed upon during project execution. Reimbursable expenses include authorized travel, testing fees, printing and reproduction costs, professional photography, site office expenses, and Information Management System customization. The Owner retains a 5% retainage on all compensation excluding reimbursable expenses until project closeout. The Program Manager must maintain comprehensive insurance coverage including $1,000,000 commercial general liability, $1,000,000 commercial automobile liability, statutory workers' compensation, and $2,000,000 professional liability coverage maintained for five years after service completion. The agreement is governed by Rhode Island state law, including the State Purchases Act and Procurement Regulations, and establishes dispute resolution procedures through initial decision by the Purchasing Agent, mediation, and binding arbitration as necessary.

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Document C172™ – 2014 Standard Form of Agreement Between Owner and Program Manager for use on a Single Project

Init.

AIA Document C172™ – 2014. Copyright © 2014 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:23:30 ET on 01/31/2022 under Order No.9239599168 which expires on 08/27/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1920300920)

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. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text.

This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

AGREEMENT made as of the day of XXX in the year XXXX (In numbers, indicate day, month and year.)

BETWEEN the Program Manager’s client identified as the Owner:

(Legal name, address, telephone and facsimile numbers, and web address)

State of Rhode Island, acting by and through the Department of Administration, Division of Purchases One Capitol Hill, Second Floor Providence, Rhode Island 02908-5855

401.578.8100 (telephone); 401.574.8387 (facsimile) www.puchasing.ri.gov and The University of Rhode Island Board of Trustees 35 Campus Avenue, Green Hall Kingston, Rhode Island 02881 on behalf of the User Agency The University of Rhode Island 45 Upper College Road Kingston, Rhode Island 02881

401.874.1000 (telephone) and the Program Manager:

(Legal name, address, telephone and facsimile numbers, and web address)

XXX

XXX

XXX

XXX

XXX

for the following Project:

(Name, location, and detailed description)

XXX

XXX

XXX

XXX

XXX

The Owner and Program Manager agree as follows.

Init.

AIA Document C172™ – 2014. Copyright © 2014 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:23:30 ET on 01/31/2022 under Order No.9239599168 which expires on 08/27/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1920300920)

TABLE OF ARTICLES

1 INITIAL INFORMATION

2 PROGRAM MANAGER’S RESPONSIBILITIES

3 SCOPE OF PROGRAM MANAGER’S BASIC SERVICES

4 ADDITIONAL SERVICES

5 OWNER’S RESPONSIBILITIES

6 COPYRIGHTS AND LICENSES

7 CLAIMS AND DISPUTES

8 TERMINATION OR SUSPENSION

9 MISCELLANEOUS PROVISIONS

10 COMPENSATION

11 SPECIAL TERMS AND CONDITIONS

12 SCOPE OF THE AGREEMENT

ARTICLE 1 INITIAL INFORMATION

§ 1.1 This Agreement is based on the Initial Information set forth in this Article 1.

The scope of services Program Manager will provide under this Agreement is set forth in the University of Rhode Island Request for Proposal #XXXXXX (the "Solicitation"), Program Manager’s Response to the Solicitation dated XXXXXX, including without limitation, Program Manager’s Cost Proposal dated XXXXXXX. In the event of any conflict, the scope of services set forth in the Solicitation will control.

§ 1.2 Definitions § 1.2.1 Unless otherwise specifically defined in this Agreement, terms in this Agreement shall have the same meaning as those in AIA Document A201–2007, General Conditions of the Contract for Construction, as modified by Owner, attached hereto solely for definitional purposes and not for terms and conditions.

§ 1.3 Project Information § 1.3.1 The Owner’s program for the Project:

(Identify documentation or state the manner in which the program will be developed.)

XXX

§ 1.3.2 The Project’s physical characteristics:

(Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports; site, boundary and topographical surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site; etc.)

See 1.3.1

§ 1.3.3 Preliminary assessment of the condition of existing facilities or site, if any:

(Identify or describe written reports of the conditions of existing facilities or site.)

AIA Document C172™ – 2014. Copyright © 2014 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:23:30 ET on 01/31/2022 under Order No.9239599168 which expires on 08/27/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1920300920)

§ 1.3.4 Intentionally omitted.

§ 1.3.5 The Owner’s budget for the Project:

(Paragraph deleted)

§ 1.3.6 The Owner’s intended procurement or delivery method for design and construction of the Project:

(Identify method such as competitive bid, negotiated contract, multiple prime contracts or construction management.)

§ 1.3.7 Anticipated scheduling information:

(Include overall Project duration and milestones. If known, include proposed dates for commencement and completion of design, commencement and completion of construction, occupancy, and any other critical scheduling information for the Project.)

.1 Anticipated dates of Project commencement and completion: (subject to funding availability)

.1 Commencement of design, if other than the date of this Agreement:

.2 Completion of design:

.3 Commencement of construction:

.4 Completion of construction:

.2 Other Project scheduling information:

§ 1.3.8 Other information regarding the Project:

(Identify any other available studies or reports, as well as special characteristics or needs of the Project, such as historic preservation requirements, not provided elsewhere.)

§ 1.3.9 The Owner’s anticipated sustainable objective for the Project, if any:

(Identify the Owner’s sustainable objective for the Project such as sustainability certification, benefit to the environment, enhancement to the health and well-being of building occupants, or improvement of energy efficiency.)

§ 1.4 Project Team § 1.4.1 The Owner will retain the following consultants and contractors:

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

§ 1.4.2 The Program Manager will retain the consultants identified in Sections 1.4.2.1 and 1.4.2.2:

AIA Document C172™ – 2014. Copyright © 2014 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:23:30 ET on 01/31/2022 under Order No.9239599168 which expires on 08/27/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1920300920)

§ 1.4.2.1 Consultants retained under Basic Services:

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

§ 1.4.2.2 Consultants retained under Additional Services:

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

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

(List name, (Paragraphs deleted) telephone and facsimile numbers, and email address)

§ 1.4.4 The persons or entities, in addition to the Owner’s representative, who are required to review and approve the Program Manager’s submittals to the Owner are as follows:

(List name, telephone and facsimile numbers, and email address)

§ 1.4.5 The Program Manager identifies the following representative in accordance with Section 2.4:

(List name, (Paragraphs deleted) telephone and facsimile numbers, and email)

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

§ 1.6 The Owner and Program Manager may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Program Manager shall, if appropriate in the circumstances, adjust the schedule, the Program Manager’s services, and/or the Program Manager’s compensation.

ARTICLE 2 PROGRAM MANAGER’S RESPONSIBILITIES

§ 2.1 The Program Manager shall provide the services as set forth in this Agreement.

§ 2.2 The Program Manager shall perform its services consistent with the highest degree of diligence, skill and care and in accordance with the professional standards ordinarily provided by program managers practicing in the same or similar locality under the same or similar circumstances. The Program Manager shall perform its services as expeditiously as is consistent with such diligence, skill and care and the orderly progress of the Project.

§ 2.3 The Program Manager, as soon as practicable after execution of the Agreement, shall confirm in writing to the Owner the names and qualifications of its proposed key staff members. Within 14 days of receipt of the names and qualifications of the Program Manager’s proposed key staff members, the Owner may reply to the Program Manager in writing stating

(1) whether the Owner has reasonable objection to a proposed key staff member or (2) that the Owner requires additional time to review. Failure of the Owner to reply within the 14 day period shall constitute notice of no reasonable objection.

The Program Manager shall not staff any employees on the Project to whom the Owner has made reasonable and timely objection. The Program Manager shall not change its key staff members without the Owner’s consent.

Key staff members are as follows:

AIA Document C172™ – 2014. Copyright © 2014 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:23:30 ET on 01/31/2022 under Order No.9239599168 which expires on 08/27/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1920300920)

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

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

§ 2.6 The Program Manager shall provide its services in cooperation with the services provided by the Owner and the Owner’s consultants and contractors and shall coordinate its services with those services provided by the Owner and the Owner’s consultants and contractors. The Program Manager shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner and the Owner’s consultants and contractors. The Program Manager shall provide prompt written notice to the Owner if the Program Manager becomes aware of any error, omission, or inconsistency in such services or information.

§ 2.7 The Program Manager shall maintain the following types and limits of insurance for the duration of this Agreement and shall provide the Owner with a copy of an endorsement and a certificate of insurance that names the State of Rhode Island, the Board of Trustees, and the University of Rhode Island as "certificate holder" and as "additional insured" on an annual basis for the duration of this Agreement and from time to time upon request. The certificate of insurance must state that thirty (30) days’ advance notice of cancellation, nonrenewal, or material change in coverage will be sent to: Rhode Island Department of Administration, Division of Purchases, One Capitol Hill, Providence, Rhode Island 02908-5855, fax #

(401) 574-8387 and must reference this Agreement and this Program.

.1 Commercial General Liability (including broad-form contractual liability and completed operations) with policy limits of not less than $1,000,000 each occurrence and aggregate for bodily injury and property damage.

.2 Commercial Automobile Liability (including owned, hired, and non-owned vehicles) with policy limits of not less than $1,000,000 combined single limit and aggregate for bodily injury and property damage.

.3 Workers’ Compensation at statutory limits and Employers Liability with a policy limit of not less than $1,000,000 per occurrence and $1,000,000 per aggregate.

.4 Professional Liability covering bodily injury and property damage due to the Program Manager’s negligent acts, errors, and omissions in its performance of professional services with policy limits of not less than $2,000,000 per claim and in the aggregate, maintained during the term of this Agreement and for a period of 5 years after the completion of any and all of the Program Manager’s Basic and Additional Services under this Agreement. Any retroactive date or prior acts exclusion to which such coverage is subject shall predate the date on which services hereunder are commenced and the date of this Agreement.

(Paragraphs deleted)

ARTICLE 3 SCOPE OF PROGRAM MANAGER’S BASIC SERVICES

Program Manager’s scope of services as outlined per Solicitation #75655623.

§ 3.1 General § 3.1.1 The Program Manager’s Basic Services consist of those described in this Article 3 and in the Solicitation issued by the Owner for this Program. The Program Manager shall not have authority to act on behalf of the Owner. The Program Manager shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs employed in connection with the construction of the Project, nor shall the Program Manager be responsible for the failure of the Owner’s consultants or contractors to perform services for, or the construction of, the Project in accordance with the plans, specifications, or other contract or legal requirements. The Program Manager shall be responsible for the Program Manager’s acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Owner’s consultants or contractors.

§ 3.1.2 The Program Manager shall provide the Owner with a preliminary evaluation of the Owner’s program, schedule, and construction budget requirements, each in terms of the other.

§ 3.1.3 The Program Manager shall assist the Owner in determining the Owner’s need for retaining consultants to provide professional and other services for the Project, and assist the Owner in reviewing qualifications and selecting any such consultants. The Program Manager shall periodically review the development of the design for the Project, and provide

AIA Document C172™ – 2014. Copyright © 2014 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:23:30 ET on 01/31/2022 under Order No.9239599168 which expires on 08/27/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1920300920) recommendations to the Owner for systems, materials, equipment, and techniques that may be utilized to achieve design standards for the Project, if any.

§ 3.1.4 The Program Manager shall assist the Owner in selecting the services of independent testing laboratories, review their reports, and make recommendations, if any, to the Owner based on that review.

§ 3.1.5 The Program Manager shall assist the Owner in coordinating the professional services of surveyors, special consultants, and testing laboratories required for the Project.

§ 3.1.6 The Program Manager shall assist the Owner in reviewing the qualifications of, and in selecting and retaining, the Contractor for Project.

§ 3.1.7 The Program Manager shall assist the Owner and Architect in establishing building information modeling and digital data protocols for the Project as appropriate.

§ 3.1.8 The Program Manager shall develop a strategy, procedure, and schedule to assist the Owner in obtaining the required reviews and approvals of authorities having jurisdiction over the Project; and shall assist the Owner in connection with the Owner’s responsibility for filing documents required for such approvals. The Program Manager shall assist the Owner in obtaining building permits and special permits for permanent improvements, except for permits required to be obtained directly by the Contractor. The Program Manager shall verify that the Owner has paid applicable fees and assessments.

§ 3.1.9 The Program Manager and the Owner shall discuss the feasibility of incorporating sustainable objectives in the Project.

§ 3.1.10 The Program Manager shall retain all Project related documents and information it receives. Upon reasonable notice, the Owner shall have access to all such documents and information. Project participants shall have access to such documents and information only as approved by the Owner. The Program Manager shall preserve such documentation and information for a period of one year from the date of Substantial Completion and at that time provide a digital and a hard copy to the Owner.

§ 3.2 Project Management Plan § 3.2.1 In order to ascertain the requirements of the Project, the Program Manager shall review and discuss with the Owner the Initial Information, along with any other information to be furnished by the Owner and listed below.

(List other information to be furnished by the Owner.)

§ 3.2.2 The Program Manager shall develop and document a Project Management Plan with recommendations for the Owner’s internal management of the Project, including a description of, and requirements pertaining to, the following:

.1 Project management approach and organization, including executive, management and team staffing plan and responsibilities;

.2 Project planning and development activities, including strategic planning; prioritizing; and defining scope, schedule, and budget for the Project;

.3 Cost estimates, if selected in Section 4.1;

.4 Project management controls, including scope, budget/cost, schedule, and quality management plan;

.5 Procurement strategies and procedures, in accordance with the Rhode Island State Purchases Act, R.I. Gen.

Laws §§ 37-2-1 et seq., the General Conditions of Purchase and purchasing policies and procedures of the Owner, including strategy for procurement of design services and construction; procedures for pre-purchase of material, systems, and equipment; and procedures for evaluating and approving substitutions; and strategy;

.6 Authorization processes and procedures, including administrative approval processes and responsibilities, and key documentation for: professional services and preconstruction services; processes and procedures for Project construction procurement, in accordance with the Rhode Island State Purchases Act, R.I. Gen.

Laws §§ 37-2-1 et seq., the General Conditions of Purchase and purchasing policies and procedures of the Owner, such as award, contracting, notice to proceed, Change Orders, payment certification; and Project closeout;

AIA Document C172™ – 2014. Copyright © 2014 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:23:30 ET on 01/31/2022 under Order No.9239599168 which expires on 08/27/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1920300920)

.7 Project communication procedures, including systems, meetings, reporting, investigation, and records;

.8 Development of design process guidelines, including coordination and permit process;

.9 Development of construction process guidelines, including preconstruction and construction administration services, construction phase processes and procedures, program coordination, Change Order management, commissioning, and Project closeout procedures; and

.10 Project acceptance and turnover guidelines relating to contract completion and closeout management, including record documentation, manuals and warranties.

§ 3.2.3 The Project Management Plan shall also include the Program Manager’s recommendations regarding the delivery method for design and construction of the Project.

§ 3.2.4 The Program Manager shall obtain the Owner’s approval of the Project Management Plan, and any subsequent revisions to the Project Management Plan.

§ 3.3 Information Management and Standards § 3.3.1 The Information Management System is a web-based system used to distribute Project related information. Unless otherwise indicated in Section 3.3.2 below, the Program Manager shall implement a File Sharing System, as described in Section 3.3.3, as the Information Management System for the Project.

§ 3.3.2 If the Program Manager is to implement an Information Management System other than the File Sharing System, check the appropriate box below. If the Program Manager is not going to implement an Information Management System, select "None" below. Nothing in this Section 3.3 is intended to relieve the Program Manager of the information retention obligations set forth in Section 3.1.10.

[ ] Project Management Information System (pursuant to section 3.3.4 below) The University’s new information management system is expected to be in place by September 1, 2018.

[ ] Other Information Management System (Describe in detail the web-based system to be implemented, maintained and upgraded, as necessary, by the Program Manager.)

[ ] None

§ 3.3.3 File Sharing System. The Program Manager shall implement, maintain, and upgrade as necessary, a web-based File Sharing System to be used to receive and distribute Project Reports, Project Schedules, and other information as directed by the Owner.

§ 3.3.4 Project Management Information System. The Program Manager shall implement, maintain, and upgrade as necessary, a web-based Project Management Information System provided by the Owner to be used to receive, distribute, and maintain Project Reports, Project Schedules, and other information required by the Owner. Activities under the Project will be scheduled and documented through the Project Management Information System. The Project Management Information System shall organize information by activity or other relevant categories, as determined by the Owner. The Program Manager shall collect information pertaining to the Project, and update the Project Management Information System on a weekly basis unless otherwise agreed. The Project Management Information System shall contain, at a minimum, the current status on contracts, budget, and schedule, and the documents identified in this Section 3.3.4, including the following:

.1 The Contract Documents

.2 Addenda

.3 Change Orders and Construction Change Directives

.4 Modifications

.5 Construction schedules and submittal schedules

.6 Requests for information and any responses, logs, or compilations pertaining to requests for information

.7 Approved Shop Drawings, Product Data, and similar required submittals

.8 Certificates of insurance received from the Contractor

AIA Document C172™ – 2014. Copyright © 2014 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:23:30 ET on 01/31/2022 under Order No.9239599168 which expires on 08/27/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1920300920)

.9 Consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment

.10 Affidavits, receipts, releases and waivers of liens, and bonds indemnifying the Owner against liens

.11 Minutes for any meeting the Program Manager attends

.12 Any other documentation required of the Contractor under the Contract Documents, including warranties and similar submittals

.13 Contracts and Invoices

§ 3.3.5 The Owner shall have access to all information in the Information Management System. Other Project participants shall have access to specific information only as approved by the Owner. The Program Manager shall preserve the documentation and information contained in the Information Management System for a period of one year from the date of Substantial Completion and at that time provide a digital and a hard copy of all documentation and information contained in the Information Management System to the Owner.

§ 3.3.6 The Program Manager shall develop protocols and standards for the exchange and use of information in digital form to be integrated into the Information Management System. The Program Manager shall provide information to the Owner and the Owner’s consultants and contractors, as required, regarding the use of the Information Management System.

§ 3.4 Project Report. On a monthly basis, or as otherwise required by the Owner, the Program Manager shall prepare a Project Report. The Project Report shall include the following:

.1 A summary update of the Project status, including photographs to document the progress of the Project

.2 An updated Project Schedule

.3 Actual and anticipated costs related to the Project

.4 Cost and payment reports for each consultant and construction contract

.5 Updated cash flow projections

.6 Tests and inspection reports

.7 A status report of nonconforming and rejected Work

.8 Proposed and approved Change Orders

.9 Any actual or potential claims pertaining to the Project

.10 A status update of the Contractor’s submittals

.11 Other

§ 3.5 Project Budget Control § 3.5.1 If the Owner has not established a budget for the Project, the Program Manager and the Owner shall collaborate to prepare a Project Budget, which shall include the costs for the Program Manager’s services, the costs of the services of the Owner’s other consultants, the costs for design and construction of the Project, reasonable cost contingencies, and additional cost projections and information as necessary. The Owner shall review and approve the Project Budget in writing. On a monthly basis, or as otherwise required by the Owner, the Program Manager shall update and provide reports on the Project Budget. If a Project Management Information System is selected in Section 3.3, the Program Manager shall organize the Project Budget in a manner that will allow costs to be tracked using the Project Management Information System.

§ 3.5.2 The Program Manager shall develop and implement a system of budget and cost controls to assist the Owner in the management of Project costs. The Program Manager shall prepare cash flow projections of costs for the Project.

§ 3.5.3 The Program Manager shall share information regarding the Project Budget with the Owner’s consultants as authorized by the Owner.

§ 3.5.4 The Program Manager shall report the impact on the Project Budget of contracts and modifications proposed by the Owner and the Owner’s consultants and contractors.

AIA Document C172™ – 2014. Copyright © 2014 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:23:30 ET on 01/31/2022 under Order No.9239599168 which expires on 08/27/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1920300920)

§ 3.6 Project Schedule Control § 3.6.1 The Program Manager shall prepare a Project Schedule showing priorities, sequences, durations, and responsible parties, for major design, pricing, construction, and Owner activities. The Project Schedule shall also identify critical milestone dates and schedule contingencies. As the Project progresses, the Program Manager shall update the status and expand the level of detail of the Project Schedule. The Project Schedule shall also incorporate or identify

.1 dates for approvals and permits;

.2 the design and construction schedules, including dates of commencement and completion, and other Project milestones;

.3 Project components that need to be ordered or procured by the Owner, if any; and

.4 the Owner’s occupancy requirements, and any portions of the Project having occupancy priority.

§ 3.6.2 The Program Manager shall provide recommendations for sequencing and phasing to meet overall Project objectives.

§ 3.6.3 The Program Manager shall monitor and report on the progress of the Project and advise the Owner of observed deviations from the Project Schedule or key milestones that may impact Substantial Completion or final completion. The Program Manager shall include the reports in the Project Management Information System if selected in Section 3.3. The Program Manager shall consult with the Owner and the Owner’s consultants and contractors and assist the Owner in developing recovery plans when the schedules or objectives are not being met.

§ 3.7 Project Quality Control § 3.7.1 The Program Manager shall establish quality control guidelines, that the Owner may include in agreements between the Owner and the Owner’s consultants or contractors, and distribute them through the Information Management System, if one is selected in Section 3.3.

§ 3.7.2 The Program Manager shall confirm that the Contractor has prepared a safety program and quality control plan.

§ 3.7.3 Unless the Program Manager shall provide on-site representation as an additional service pursuant to Section 4.2.1, the Program Manager shall visit the site at intervals appropriate to the state of construction, or at the specific intervals or milestones set forth in Section 3.7.3.1, to become generally familiar with the progress and quality of the portion of the Work completed.

§ 3.7.3.1 If the Program Manager is required to visit the site at specific intervals or milestones, set forth such intervals or milestones below.

§ 3.7.4 The Program Manager shall advise the Owner of observations it makes regarding deficiencies in the performance of the Owner’s consultants and contractors.

§ 3.8 Other Services § 3.8.1 Subject to Sections 4.3.1 and 4.5.1, upon the Owner’s written request, the Program Manager shall provide reasonable assistance in the areas of community and public relations, in order to enhance and maintain public awareness in furtherance of the interests of the Project and the Owner.

§ 3.8.2 The Program Manager shall schedule and conduct meetings with the necessary Project participants to coordinate the progress of the Project. The Program Manager shall also prepare minutes of such meetings. The Program Manager shall include its meeting minutes, as appropriate, in the Project Management Information System if selected in Section 3.3.

§ 3.8.3 The Program Manager shall assist the Owner in preparing construction contracts and advise the Owner on the acceptability of Subcontractors and material suppliers proposed by the Contractor.

§ 3.8.4 Intentionally Omitted.

§ 3.8.5 Upon the written request of the Owner, the Program Manager shall evaluate and provide input to the Owner on claims arising out of the Project.

AIA Document C172™ – 2014. Copyright © 2014 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:23:30 ET on 01/31/2022 under Order No.9239599168 which expires on 08/27/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1920300920)

ARTICLE 4 ADDITIONAL SERVICES

Program Manager’s scope of services as outlined per Solicitation #7565523.

§ 4.1 Cost Estimating Services The Program Manager shall provide to the Owner only the services in this Section that are designated by a check or "X" in the box adjacent to the listed service. The Owner shall compensate the Program Manager for the Additional Services selected in this Section 4.1 as set forth in Section 10.3.

(Designate the services the Program Manager shall provide by placing a check or "X" in the box adjacent to the listed service. If necessary, provide expanded or modified descriptions of the designated services in the section or in an exhibit attached to this document.)

§ 4.1.1 Based on the preliminary design and other design criteria prepared by the Architect and provided by the Owner, the Program Manager shall prepare a written preliminary estimate of the Cost of the Work using area, volume, or similar conceptual estimating techniques. If the Architect suggests alternative materials and systems, at the request of the Owner the Program Manager shall provide written cost evaluations of those alternative materials and systems, and may also provide its own suggestions for review and consideration by the Owner. The Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractor’s general conditions costs, overhead, and profit. The Cost of the Work does not include the compensation of the Architect or Program Manager, the costs of the land, rights-of-way, financing, contingencies for changes in the Work, or other costs that are the responsibility of the Owner.

§ 4.1.2 As the Architect progresses with the preparation of the schematic design, design development, and construction documents, the Program Manager shall prepare and update, at appropriate intervals agreed to by the Owner and Program Manager, written estimates of the Cost of the Work in increasing detail and refinement. The Program Manager shall include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in the estimates of the Cost of the Work. The Program Manager shall advise the Owner in writing if it appears that the Cost of the Work may exceed the Project Budget and make recommendations for corrective action to be considered by the Owner and Architect, and if appropriate, incorporated by the Architect.

§ 4.1.3 The Program Manager shall provide written recommendations regarding add and deduct alternates to be considered by the Owner and Architect, and if appropriate, incorporated by the Architect in the Drawings and Specifications.

§ 4.2 Construction Contract Administration Services The Program Manager shall provide to the Owner only the services in this Section that are designated by a check or "X" in the box adjacent to the listed service. The Owner shall compensate the Program Manager for the Additional Services selected in this Section 4.2 as set forth in Section 10.3.

(Designate the services the Program Manager shall provide by placing a check or "X" in the box adjacent to the listed service. If necessary, provide expanded or modified descriptions of the designated services in the section or in an exhibit attached to this document.)

§ 4.2.1 The Program Manager shall provide a staffing plan to include one or more representatives who shall be in attendance at the Project site whenever the Work is being performed. The Program Manager shall determine in general that the Work of the Contractor is being performed in accordance with the requirements of the Contract Documents and notify the Owner and Architect in writing of observed defects and deficiencies in the Work.

§ 4.2.2 The Program Manager shall review information regarding tests and inspections provided by the Contractor, and provide written comments to the Owner, for consideration by the Owner and Architect, regarding any questions or concerns the Program Manager has with the information provided by the Contractor.

§ 4.2.3 If the Program Manager reasonably believes the Architect should reject Work or require additional inspection or testing of the Work, the Program Manager shall promptly recommend such actions to the Owner and Architect in writing. The Program Manager shall also recommend to the Owner, in writing, courses of action when requirements of a contract are not being fulfilled. The Program Manager shall include all recommendations required by this Section 4.2.3 in its Project Reports.

AIA Document C172™ – 2014. Copyright © 2014 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:23:30 ET on 01/31/2022 under Order No.9239599168 which expires on 08/27/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1920300920)

§ 4.2.4 The Program Manager shall review the Contractor’s Applications for Payment and provide written recommendations, if any, to the Owner and Architect.

§ 4.2.5 If requested by the Architect and Owner, the Program Manager shall evaluate Contractor requests for information regarding the Contract Documents and provide written recommendations to the Owner and Architect.

§ 4.2.6 When requested by the Owner, the Program Manager shall review requests for changes, assist the Owner and Architect in evaluating and negotiating Contractors’ proposals, and submit written recommendations to the Architect and Owner. Upon request by the Owner, the Program Manager will review Change Orders and Construction Change Directives prepared by the Architect and provide written comments regarding any questions or concerns the Program Manager has regarding the Change Orders or Construction Change Directives.

§ 4.2.7 The Program Manager shall review the Contractor’s daily logs and other similar relevant data as the Owner may require, and provide written comments to the Owner regarding any questions or concerns the Program Manager has regarding the daily logs or other data.

§ 4.2.8 The Program Manager shall evaluate whether the Work, or a designated portion thereof, is substantially complete and provide its written recommendations to the Owner and Architect. Upon the Contractor’s completion of the Work, the Program Manager shall inspect the Work and provide written recommendations to the Owner and Architect.

§ 4.2.9 With the Architect and the Owner’s maintenance personnel, the Program Manager shall observe the Contractor’s final testing and start-up of utilities, operational systems and equipment, and observe any commissioning as the Contract Documents may require.

§ 4.2.10 The Program Manager shall assist the Owner in establishing a procedure for tracking and submission of records, warranties, guarantees, and documents pertaining to systems verification and Project close-out.

The Program Manager shall deliver to the Owner all keys, manuals, record drawings, and maintenance stocks it receives from the Contractor.

§ 4.2.11 The Program Manager shall review the Contractor’s final Application for Payment and provide written recommendations, if any, to the Owner and Architect.

§ 4.2.12 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Program Manager shall, without additional compensation, attend a meeting with the Owner and Architect to review the facility operations and performance.

§ 4.3 The Program Manager shall provide the listed Additional Services only if specifically designated in the table below as the Program Manager’s responsibility, and the Owner shall compensate the Program Manager as provided in Section 10.3.

(Designate the Additional Services the Program Manager shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 4.4 or in an attached exhibit. If in an exhibit, identify the exhibit. AIA Contract Document numbers are cited, where applicable, to provide a basis for the proposed scope of services, but may need to be revised to be applicable in the program management context.)

Services Responsibility (Program Manager, Owner or not provided)

Location of Service Description (Section 4.4 below or in an exhibit attached to this document and identified below)

§ 4.3.1 Community communications not included in Section 3.8.1

§ 4.3.2 Capital campaign support

§ 4.3.3 Assistance with sustainability certifications

§ 4.3.4 Affirmative action/diversity compliance and outreach

§ 4.3.5 Existing facilities analysis

§ 4.3.6 Site Selection Analysis (B203™–2007)

§ 4.3.7 Economic analysis

AIA Document C172™ – 2014. Copyright © 2014 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:23:30 ET on 01/31/2022 under Order No.9239599168 which expires on 08/27/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1920300920)

§ 4.3.8 Programming (B202™–2009)

§ 4.3.9 Master planning

§ 4.3.10 Design standards services

§ 4.3.11 Early procurement of materials and equipment

§ 4.3.12 FF&E procurement coordination

§ 4.3.13 Life cycle analysis

§ 4.3.14 Move management

§ 4.3.15 Coordination of hazardous material testing or abatement

§ 4.3.16 Payroll compliance services

§ 4.3.17 Stakeholder relationships management

§ 4.4 Insert a description of each Additional Service designated in Section 4.3 as the Program Manager’s responsibility, if not further described in an exhibit attached to this document.

§ 4.5 Additional Services may be provided after execution of this Agreement without invalidating this Agreement. Except for services required due to the fault of the Program Manager, any Additional Services provided in accordance with this Section 4.5 shall entitle the Program Manager to compensation pursuant to Section 10.4.

§ 4.5.1 Upon recognizing the need to perform the following Additional Services, the Program Manager shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Program Manager shall not proceed to provide the following services until the Program Manager receives the Owner’s written authorization:

.1 Services necessitated by a change in the Initial Information; a change to previous instructions or approvals given by the Owner; or a material change in the Project including, but not limited to, size, quality, complexity, the Owner’s Project Schedule or Project Budget, or procurement or delivery methods listed in Section 1.3.6;

.2 Services necessitated by the enactment or revision of codes, laws or regulations, or by official interpretations, after the date of this Agreement;

.3 Preparation for, and attendance at, public presentations, meetings, or hearings, in excess of ( ) total hours;

.4 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Program Manager is party thereto;

.5 Services required to assist in the repair or replacement of any elements of construction for any cause except the negligence of the Program Manager; or

.6 Services required by deficiencies in the performance or default of Owner’s consultants or contractors.

§ 4.5.2 Intentionally Omitted.

ARTICLE 5 OWNER’S RESPONSIBILITIES

§ 5.1 The Owner shall provide and update information regarding requirements for, and limitations on, the Project in a timely manner, including the information in Article 1; information pertaining to other objectives, schedule constraints and criteria, and site requirements; and any other information either described in Article 5 or required for the Program Manager to perform its services.

§ 5.2 The Owner shall collaborate with the Program Manager to establish and periodically update the Project Budget including (1) the Program Manager’s costs, (2) design and constructions costs, (3) the Owner’s other costs, and

AIA Document C172™ – 2014. Copyright © 2014 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:23:30 ET on 01/31/2022 under Order No.9239599168 which expires on 08/27/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1920300920)

(4) reasonable contingencies related to all of these costs. The Owner shall promptly notify the Program Manager if the Owner significantly increases or decreases the Project Budget.

§ 5.3 The Owner shall retain all contractors and consultants necessary to carry out the Project except for those consultants retained by the Program Manager as listed in Section 1.4.2. The Owner shall provide the Program Manager with a copy of all executed agreements between the Owner and its consultants and contractors, and any modifications to those agreements.

§ 5.4 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. The Owner shall render decisions in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Program Manager’s services.

§ 5.5 The Owner shall furnish, or cause its Design Agents to furnish, surveys to describe the physical characteristics, legal limitations, utility locations and written legal description of the Project site. The survey and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands;

adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to an appropriate benchmark.

§ 5.6 The Owner shall furnish, or cause its Design Agents to furnish, services of a geotechnical engineer, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests, and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations.

§ 5.7 The Owner shall furnish tests, inspections, and reports required by law or the Project, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.

§ 5.8 The Owner shall furnish all legal and accounting services, including auditing services that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests.

§ 5.9 The Owner shall provide, and shall require that its consultants and contractors provide, prompt written notice to the Program Manager if they become aware of any fault or defect in the Project, including errors, omissions or inconsistencies in any documents produced by, or services provided by, the Program Manager.

§ 5.10 The Owner shall direct its consultants or contractors to cooperate with the Program Manager and provide information and documents reasonably necessary for the Program Manager to prepare and update the Project Management Plan or as otherwise required for the Program Manager to perform its services.

§ 5.11 Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Program Manager’s consultants through the Program Manager about matters arising out of or relating to the Project.

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