INTRODUCTION

1. INTRODUCTION David Wedge State Department of Education

2. Getting Started: Project Delivery Systems Relationship Systems

3. Multiple Contractor Model Owner Architect Trade Contractor Trade Contractor Trade Contractor

4. Owner Construction Manager as Constructor Model Architect Construction Manager-At-Risk Material Vendors Trade Contractor(s) Other Supplies # 512375

5. Construction Manager as Advisor Model Owner Trade Contractor(s) Architect Construction Manager-Advisor

6. Getting Started: Project Delivery Systems Compensation Systems

7. + Contractor Incentive to Minimize Costs + Budgeting + Owner Benefits from Cost Savings Monitor Expenses Contractor Incentive to Cut Corners Near-Complete Plans Guaranteed Maximum Price Model

8. + Contractor Incentive to Minimize Costs + Budgeting + Little Monitoring Contractor Incentive to Cut Corners Near-Complete Plans Lump Sum Model

9. + Benefit from Cost Savings + Contractor Engagement Early in Process + No Corner-Cutting No Contractor Incentive to Manage Costs Requires Intensive Owner Oversight Cost Plus Fee Model

10. The AIA Contracts The AIA Contracts used to develop the Standard School Construction Contracts

11. Owner-Architect Agreements ● B101- 2007 Standard Form of Agreement Between Owner and Architect ● B141/CMa-1992 Standard Form of Agreement Between Owner and Architect where the Construction Manager is not a Constructor

12. Owner-Contractor/Construction Manager Agreements ● A101-2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a stipulated sum ● B801 CMA-1992 Standard Form of Agreement Between Owner and Construction Manager where the Construction Manager is not a Constructor ● A121/CMc-2003 and AGC Document 565 Standard Form of Agreement Between Owner and Construction Manager where the Construction Manager is also the Constructor

13. General Conditions ● A201-2007 General Conditions of the Contract for Construction ● A201/CMa-1992 General Conditions of the Contract for Construction where the Construction Manager is not a Constructor

14. The AIA Contracts Correlation of the AIA Contracts to Project Delivery Systems

15. Multiple Contractor Model ● B101- 2007 Standard Form of Agreement Between Owner and Architect ● A101-2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a stipulated sum ●A201-2007 General Conditions of the Contract for Construction

16. Construction Manager as Constructor Model ● B101- 2007 Standard Form of Agreement Between Owner and Architect ● A121/CMc-2003 and AGC Document 565 Standard Form of Agreement Between Owner and Construction Manager where the Construction Manager is also the Constructor ●A201-2007 General Conditions of the Contract for Construction

17. Construction Manager as Advisor Model ● B141/CMa-1992 Standard Form of Agreement Between Owner and Architect where the Construction Manager is not a Constructor ● B801 CMA-1992 Standard Form of Agreement Between Owner and Construction Manager where the Construction Manager is not a Constructor ● A101-2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a stipulated sum ● A201/CMa-1992 General Conditions of the Contract for Construction where the Construction Manager is not a Constructor

18. Mandated and Key Provisions B101-Based Standard School Construction Contract Between Owner and Architect

19. Section 2.2“Standard of Care” “The Architect shall be responsible for the performance of the Architect’s Services as an independent contractor and in a good and workmanlike manner consistent with this Agreement, with the highest prevailing applicable professional or industry standards, skill and care, and with sound architectural practices…All references in this Agreement or in the Contract Documents to the knowledge, inference, reliance, awareness, determination, belief, observation, recognition or discovery of the Architect or reference to any similar term shall include the constructive knowledge…the Architect would have obtained upon the exercise of the Architect’s Standard of Care.”

20. Section 2.3.1 and 2.3.2“The Conditions” § 2.3.1 The “Conditions” are all statutory and regulatory requirements and guidelines imposed on the Project by the Agencies, as defined in Subsection § 2.3.2. § 2.3.2 The “Agencies” are the Department of Education of the State of Connecticut (the “Department”) and all other governmental authorities having regulatory or administrative jurisdiction over the Project and third party non-governmental entities who may be providing certification related to the Project’s energy and environmental design.

21. Sections 2.3.2 and 3.1.5Conferring with the SDOE § 2.3.2 The Architect understands that performance of the Architect’s Services will require communication with the Agencies…and the Architect will, at no additional cost to the Owner, so communicate…. § 3.1.5 The Architect shall, at appropriate times, consult with those of the Agencies whose approval of the Construction Documents is necessary for the successful funding and the completion of the Project and with the entities providing utility services to the Project.

22. Section 3.2Pre-Approval Services § 3.2 PRE-APPROVAL SERVICES § 3.2.1 The Architect shall assist the Owner to develop its Educational Specifications, preliminary cost estimates, and other submittals the Owner must produce to become eligible for funding from the State of Connecticut. Such assistance shall include [TBD] § 3.2.2 The Architect shall assist the Owner to secure funding of the local share of the Project costs. Such assistance shall include developing preliminary cost estimates, [TBD] § 3.2.3 The Architect shall assist the Owner to develop its application for funding from the Department. Such assistance shall include [TBD]

23. Section 3.6.1SDOE Approval Before Bidding “The Bidding Phase shall commence upon written notice from the Owner to the Architect.”

24. Section 3.7.6.6SDOE Audits “Upon request of the Owner, the Architect will cooperate and assist the Owner and the Department during any audit of the Project as conducted by the Owner or the Department at any time after Substantial Completion.”

25. Section 6.1Increases in Prices of Materials “For the purposes of calculating the Architect’s compensation only, the Cost of Work shall not be raised on account of increased prices for construction materials.”

26. Section 7.1Ownership of Documents “All plans, drawings, specifications…are and shall be the property of the Owner and the Department, free and clear of any claim or retention of rights thereto by the Architect and the Architect’s subcontractors and consultants…[and] cannot be used by the Architect…for any purpose beyond the scope of this Agreement without the prior written consent of the Owner.”

27. Section 10.7Confidentiality “Any information obtained by the Architect or the Architect’s subcontractors or consultants that is designated by the Owner in accordance with applicable law as confidential shall not be disclosed to any other parties without the prior written consent of the Owner.”

28. Questions?