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October 17, 2016

4 GENERAL CONDITIONS BUDGET

|General Conditions

i. Building Permiis_
2. Bond Premiums
3. Builders Risk insurance
4. Construction Operations insurance
5. Automobile insurance
6. Umbella Inusurance coverage
7. Additional Insurances Recommended by CM
8. Labor Burden on General Conditions
5 Project Managers
10, Project Superintendent
41. General Supt
12. Traffic Control
43. Project Layout
14. Project Layout Equipment
15. Project Safety
16. Trucking / Travel Expenses
17. Office Trailer / supplies
18. Temporary Storage Trailer
19. Temporary Chemical Toilets
20. “Temparsy Phones iit

24. Temporary Heat Equipment

25. Temporary Enclosures

26. Winter Conditions / Protection Allowance
27. Temporary Water & Sewer

28. Snow Removal f Allowance

29. Fieid Office Supplies

30. Final Cleaning

31, ‘Record Drawings _

32, Equipment Rental / Smail Tools
33. Medical

34, Plans & Copy
35. Project Signage
36. Dumpsters. disposal and daily cleanup

The above general con

‘The following is based on a 7 month schedule.

Assumed by owner in soft costs

Te be outside general conditions if required

By owner, w BPS as additional named
Included as part of project fee
included as part of project fee

Included as part of CM fee ($ 10 million in coverage }
BPS also carnes € & O insurance al no charge to the owner

Included w/ each respective line item

Assigned to. your project

Assigned to your project full time onsite daily
Assigned as required

Included w/ siie development if required
Included by foreman

By OM wi above

wi above

Temp lighting ‘by electrical subcontractor

Use existing faciilies by owner

Use existing facilities by owner

NIA,

To be included with demolition division a5 required
NIA

“NIA

NIA.

To be competitively bid as a subcontract

All BPS foreman are CPR/F rest Aid trained and certified

BPS would be willing to review fixing the general conditions at establishment of the GMP.

BUDGET

0.00

6.00

0.00

0.00

0.00

6.00

0.00
o.cof
25,000.00
98.000.00
48,600.00
6.00
7,500.00
6.00
4,500.00
46,000.00
7,000.06
9.00
1,500.00
2,800.00
6.00
0.00
0.00
0.00
Oo. 00
__8.00

6.00

500.00
8.00

500.00
17,500.06
306.00
3,000.00

_ -2.500.00
20,000.00

213,900.00

ass WALA LO ocume

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

a

| AGREEMENT made as ofthe dayof November inthe year 2016

(In words, indicate day, month and year.) ADDITIONS AND DELETIONS:
The author of this document has
BETWEEN the Architect’s client identified as the Owner: added information needed for its
(Name, legal status, address and other information) completion. The author may also
have revised the text of the original
City of Nashua New Hampshire AIA standard form, An Additions and
229 Main Street Deletions Report that notes added
Nashua, New Hampshire 03060 information as weil as revisions to

the standard form text is available

from the author and should be
and the Architect: 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 AJA text.

(Name, legal status, address and other information)

Port One Architects Inc.

959 Islington Street

Portsmouth New Hampshire 03801
This document has important legal
consequences. Consultation with an

for the following Project: attorney is encouraged with respect
(Name, location and detailed description) to its completion or modification.
. This document is intended to be
Nashua Fire Department used in conjunction with AIA
Station 3 Documents A201™~2007, General
124 Spit Brook Road Conditions of the Contract for
Nashua, New Hampshire 03060 Construction; A133™-—2009

; a : Standard Form of Agreement
Miscellaneous renovations to approximately 6575 sf of existing space and construction of Between Owner and Construction

approximately 2975 sf of a new apparatus bay addition on two levels. Manager as Constructor where the
basis of payment is the Cost of the
The Construction Manager (if known): Work Plus a Fee with a Guaranteed
(Name, legal status, address and other information) Maximum Price; and A134™—2009
Standard Form of Agreement
Bonnette, Page & Stone Corp. Between Owner and Construction
91 Bisson Avenue Manager as Constructor where the
Laconia, New Hampshire 03246 basis of payment is the Cost of the

Work Plus a Fee without a
Guaranteed Maximum Price.

The Owner and Architect agree as follows. AIA Document A201™-2007 is
adopted in this document by
reference. Do not use with other
general conditions unless this
document is modified.

AIA Document B133™ ~ 2014. Copyright © 2014 by The American Institute of Architects. AN rights reserved. WARNING: This AIA® Document is protected

init. by U.S. Copyright Law and Intemational 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 fo the maximum extent possible under the law. This document was produced by AiA software
t at 09:28:04 on 11/11/2016 under Order No.1575871642_1 which expires on 02/08/2017, and is not for resale.

User Notes: (14829781 34)

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TABLE OF ARTICLES

1 INITIAL INFORMATION

2 ARCHITECT'S RESPONSIBILITIES

3 SCOPE OF ARCHITECT’S BASIC SERVICES
4 ADDITIONAL SERVICES

5 OWNER’S RESPONSIBILITIES

6 COST OF THE WORK

7 COPYRIGHTS AND LICENSES

& CLAIMS AND DISPUTES

9 TERMINATION OR SUSPENSION

10 MISCELLANEOUS PROVISIONS

1 COMPENSATION

12 SPECIAL TERMS AND CONDITIONS
13 SCOPE OF THE AGREEMENT

ARTICLE 1 INITIAL INFORMATION

§ 1.1 This Agreement ts based on the Initial Information set forth in this Section 1.1.

(Note the disposition for the following items by inserting the requested information or a statement such as "not
applicable," “unknown at time of execution,” or "to be determined later by mutual agreement.")
§ 1.1.1 The Owner’s program for the Project:

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

The Owner’s program is complete, having been developed in meetings between the Architect and the Fire
Department.

§ 1.1.2 The Project’s physical characteristics:

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

The existing fire station site is approximately 90,800 sf, sloping toward the northwest. A geotechnical report was
prepared by Geotechnical Services Inc., Weare, NH, under contract with the City of Nashua. Site boundary and
topographic survey was prepared by Hayner/Swanson Inc., Nashua, NH, under contract with the City of Nashua.
An architectural site plan was prepared by Port One Architects, Inc., Portsmouth, NH, and was submitted to the
Nashua Planning Department.

§ 1.1.3 The Owner’s budget for the Cost of the Work, as defined «1 Section 6.1:
(Provide total and, if known, a line item breakdown.)

$ 1,550,000

§ 1.1.4 The Owner’s anticipated design and construction schedule:
‘1 Design phase milestone dates, if any:

AIA Document B133™ — 2014, Copyright © 2014 by The American institute of Architects. All rights reserved. WARNING: This AIA® Document is protected
by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in
severe civil and criminal penalties, and wifl be prosecuted to the maximum extent possible under the law. This document was produced by AIA software
at 09:28:04 on 11/11/2016 under Order No.1575871642_ 1 which expires on 02/08/2017, and is not for resale.

User Notes: {14829781 34)

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April 2017 proposed completion date

2 Commencement of construction:
June 2017 proposed commencement date

.3 Substantial Completion date or milestone dates:
January 2018 proposed completion date

4 Other:
Contract approval by the City of Nashua Aldermanic Finance Committee was required.
§ 1.1.5 The Owner intends to retain a Construction Manager pursuant to the following agreement:
(indicate agreement type.)

{ X ] ATA Document A133-2009, 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.

[ ] ATA Document A134—2009, Standard Form of Agreement Between Owner and Construction
Manager as Constructer 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 scheduling or phased construction are set forth
below.
(List number and type of bid procurement packages.)

N/A

§ 1.1.7 Other Project information:
(identify special characteristics or needs of the Project not provided elsewhere, such as the Owner's sustainable
objective, if any, or historic preservation requirements.)

The renovations and addition construction will be taking place in an active fire station. Care must be taken to not
unduly or unreasonably interfere with the fire station’s operations.

§ 1.1.8 The Owner identifies the following representative in accordance with Section 5.5:
(List name, address and other information.)

Chief Steven G. Galipeau
Assistant Chief Brian D. Rhodes
Nashua Fire Department

70 East Hollis Street

Nashua, NH 03060
1-603-594-3651

§ 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:
(List name, address and other information.)

N/A

§ 1.1.10 The Owner will retain the following consultants:
(List name, legal status, address and other information.)

<1 Construction Manager:

ALA Document B133™ -. 2014. Copyright © 2014 by The American institute of Architects. All rights reserved. WARNING: This AIA® Document is protected
by U.S. Copyright Law and Intemational 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 document was produced by AIA software
at 09:28:04 on 11/11/2016 under Order No.1575871642_1 which expires on 02/08/2017, and is not for resale.

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(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)

Construction Manager’s Contract to be reviewed at the November 2016 Aldermanic Finance
Committee meeting.

2 Cost Consultant (if in addition to the Construction Manager):
(fa Cost Consultant is retained, appropriate references to the Cost Consultant should be inserted in
Sections 3.3.6, 3.3.7, 3.4.2, 3.4.3, 3.5.4, 3.5.5, 5.4, 6.3, 63.1, 6.4 and 11.6)

N/A

3 Land Surveyor:

Hayner Swanson Inc.
3 Congress Street
Nashua, NH 03062
1-603-883-2057

Paul Hayner PE

4 = Geotechnical Engineer:

Geotechnical Services Inc.
55 North Stark Highway
Weare, NH 03281
1-603-529-7766

Harry K. Wetherbee PE

5 Environmental Consultant:

Axiom Partners Inc.
545 Salem Street
Wakefield, MA 01880
1-603-498-5005
Randall Ames
Hazardous Building Materials Survey Report ~March 24, 2016

6 = Other consultants:
(List any other consultants retained by the Owner, such as a Project or Program Manager, or
scheduling consultant.)

N/A

§ 1.1.11 The Architect identifies the following representative in accordance with Section 2.3:
(List name, address and other information.)

William K. Davis AIA
Port One Architects Inc.
959 Islington Street
Portsmouth, NH 03801
1-603-436-8891

§ 1.1.12 The Architect will retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2:
(List name, legal status, address and other information.)

AIA Document B133™ — 2014, Copyright © 2014 by The American Institute of Architects. AH rights reserved. WARNING: This AIA° Document is protected
by U.S. Copyright Law and Intemational 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 document was produced by AIA software
at 09:28:04 on 11/11/2016 under Order No.1575871642_1 which expires on 02/08/2017, and is not for resale.

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§ 1.1.12.1 Consultants retained under Basic Services:
4 Structural Engineer:

Summit Engineering Inc.
111 Maplewood Avenue
Portsmouth, NH 03801
1-603-319-1817

Bob Champagne PE

2. Mechanical Engineer:

Yeaton Associates Inc.
66 Jackson Hill Street
Littleton. NH 03561
1-603-444-6578
Wayne Fillion PE

3 Electrical Engineer:

Yeaton Associates Inc.
66 Jackson Hill Street
Littleton, NH 03561
1-603-444-6578
Wayne Fillion PE.

§ 1.1.12.2 Consultants retained under Additional Services:
N/A

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

§ 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such
information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the
schedule, and may appropriately adjust the Architect’s services and the Architect’s compensation.

ARTICLE 2. ARCHITECT'S RESPONSIBILITIES
§ 2.1 The Architect shall provide the professional services as set forth in this Agreement.

§ 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 region under the same or similar circumstances. The Architect shall
perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of
the Project. The Architect shall notify the Owner in a prompt and timely manner of any discovered discrepancies,
inconsistencies or missing information necessary to provide reasonably accurate and complete documents. Any
design, drawings or specifications prepared or furnished by the Architect that contain errors, conflicts or omissions
will be promptly corrected by the Architect at no additional cost to the Owner. The Owner’s approval, acceptance,
use of or payment for all or any part of the Architect’s services shall in no way alter the Architect’s obligations or
the Owner’s rights hereunder.

§ 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.

ALA Document 81337 — 2014. Copyright © 2014 by The American institute of Architects, All rights reserved. WARNING: This AIA® Document is protected
by U.S. Copyright Law and Intemational 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 document was produced by AIA software
at 09:28:04 on 11/11/2016 under Order No.1575871642_1 which expires on 02/06/2017, and is not for resale.

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§ 2.4 The Architect’s representative identified in Section 1.1.11 above shall be authorized to act on behalf of the
Architect with respect to the Project. The Architect shall not change the designated representative without the
Owner’s written consent, which such consent the Owner shall not unreasonably withhold.

§ 2.4.1 The Architect shail not change its Consultants identified in Section 1.1.12 above without the Owner’s written
consent, which such consent the Owner shall not unreasonably withhold.

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

§ 2.5 Insurance. The Architect shall maintain the following insurance for the duration of this Agreement.

§ 2.6.1 Commercial General Liability with policy limits of not less than One Million Dollars ($ 1,000,000 ) for
each occurrence and Two Million Dollars ($ $2,000,000 ) in the aggregate for bodily injury and property
damage.

§ 2.6.2 Automobile Liability covering vehicles owned by the Architect and non-owned vehicles used by the
Architect with policy limits of not less than One Million Dollars ($ 1,000,000 ) per claim and One Million
Dollars ($ 1,000,000 ) in the aggregate for bodily injury and property damage 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 liability insurance, provided such primary and
excess insurance policies result in the same or greater coverage as those required under Sections 2.6.1 and 2.6.2.

§ 2.6.4 Workers’ Compensation at statutory limits and Employers Liability with policy limits of not less than One
Millon Dollars ($ 1,000,000 ).

§ 2.6.5 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.

§ 2.6.6 The Owner shall be an additional insured on the Architect’s primary and excess insurance policies for
Commercial General Liability and Automobile Liability. The additional insured coverage shall be primary and
non-contributory to any of the Owner’s insurance policies. The additional insured coverage shall apply to both
ongoing operations and completed operations.

§ 2.6.7 The Architect shall provide to the Owner certificates of insurance evidencing compliance with the
requirements in this Section 2.6. The certificates will show the Owner as additional insureds on the Commercial
General Liability, Automobile Liability, and any excess policies.

§ 2.6.8 None of the insurance requirements as to the types and limits to be maintained by the Architect are intended
to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Architect under this
contract. The Owner shall not maintain any insurance on behalf of the Architect. Subcontractors of the Architect
are subject to the same insurance requirements as the Architect and it shall be the Architect’s responsibility to ensure
compliance of this requirement.

§ 2.7 Third Party Indemnification. Without limitation and notwithstanding any provisions in this Agreement, the
Architect shall indemnify and hold harmless the Indemnitees for and against claims, damages, losses and expenses
(including reasonable attorneys’ fees) asserted by a third party against the Indemnitee arising out of or resulting
from negligent acts or omissions of the Architect, a consultant, anyone directly employed by them, or anyone for
whose acts they may be liable. The Architect shall not be required to indemnify an Indemnitee to the extent
Indemnitee’s damages result from the Indemnitee’s own negligence. Such obligation shall not be construed to
negate, abridge, or reduce any other rights, including any obligations of indemnity, which would otherwise exist as
to a party or person described in this Section 2.7. As used in this paragraph, “Indemnitee" means the City of
Nashua, its officers, agents and employees.

AIA Document B133™ — 2014, Copyright © 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected
by U.S. Copyright Law and Intemational 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 document was produced by AIA software
at 09:28:04 on 11/11/2016 under Order No.1575871642_1 which expires on 02/08/2017, and is not for resale.

User Notes: (1482978134)

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§ 2.8 Decision By The Architect

Any reference in the Contract Documents to the Architect taking action or rendering a decision within a "reasonable
time” or with "reasonable promptness” is understood to mean no more than fourteen (14) calendar days, unless
otherwise specified in the Contract Documents.

ARTICLE 3. SCOPE OF ARCHITECT'S BASIC SERVICES

§ 3.1 The Architect’s Basic Services consist of those described in Article 3 and those services identified elsewhere
in this Agreement as Basic Services. The Architect’s Basic Services include usual and customary structural,
mechanical, and electrical engineering services. Services not set forth in this Article 3 or identified elsewhere in
this Agreement as Basic Services are Additional Services.

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

§ 3.1.3 As soon as practicable after the date of this Agreement, but no later than fifteen (15) calendar days after the
execution. of this Agreement, the Architect shall submit to the Owner and the Construction Manager a schedule 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 milestone dates, anticipated dates when cost estimates or design reviews
may occur, and allowances for periods of time required (1) for the Owner’s review, (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, and (5) for approval of submissions by authorities having jurisdiction over
the Project.

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

§ 3.1.5 Once the Owner, Construction Manager, and Architect agree to the time limits established by the Project
schedule, the Owner and Architect shall not exceed them, except for reasonable cause.

§ 3.1.6 The Architect shall not be responsible for an Owner’s directive or substitution, or for the Owner’s acceptance
of non-conforming work, made without the Architect’s approval.

§ 3.1.7 The Architect shall, at appropriate times, in coordination with the Construction Manager, contact the
governmental authorities required to approve the Construction Documents and the entities providing utility services
to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by
such governmental authorities and by such entities providing utility services.

§ 3.1.8 The Architect shall assist 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.

§ 3.1.9 The Architect’s Basic Services include the following:

§ 3.1.9.1 Consistent with Section 5.6 the Architect shall review and evaluate the information provided by the Owner
and advise the Owner of any additional information required by the Architect for completion of the Project.

AIA Document B1337™ — 2014. Copyright © 2014 by The American Institute of Architects. AN rights reserved. WARNING: This AIA® Document is protected
by U.S. Copyright Law and Intemational 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 document was produced by AIA software
at 09:28:04 on 11/11/2016 under Order No.1875871642_1 which expires on 02/08/2017, and is not for resale.

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§ 3.1.9.3 The Architect shall provide the Owner with Record Plans, as required in Section 3.6.6.6 showing any
significant changes in the work made during construction based on information and data furnished by the
Construction Manager to the Architect.

§ 3.1.9.4 The Architect shall prepare, on behalf of the Owner, applications and supporting documentation for all
design-related and land-use permits, variances and approvals required by state and local governmental authorities
having jurisdiction over this Project. The Architect shall revise applications and supporting documentation as
required to resolve comments received from such governmental authorities, provided however that: (1) The
Architect’s appearance as an expert, as well as the preparation of special drawings, visual aids and other materials
and design work prepared solely for an appearance before local zoning boards or planning commissions shall be
considered an Additional Service; and, (2) Specialized permits, such as, but not limited to, permits required by
Federal agencies are not within the scope of Basic Services.

§ 3.1.9.5 The Architect shall prepare and distribute conference memoranda, documentation of site visits and
inspection reports as required by the Owner to maintain a comprehensive record of the Project.

§ 3.2 Evaluation of the Construction Manager's Guaranteed Maximum Price Proposal or Control Estimate
§ 3.2.1 Prior to the Owner’s acceptance of the Guaranteed Maximum Price proposal or 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 on all communications related to substitution requests, clarifications, and interpretations.

§ 3.2.2 During one of the design phases, the Owner will receive a Guaranteed Maximum Price proposal or Control
Estimate, as appropriate, from the Construction Manager. The Architect shall assist the Owner in reviewing the
Construction Manager’s proposal or estimate. The Architect’s review is not for the purpose of discovering errors,
omissions, or inconsistencies; for the assumption of 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.

§ 3.2.3 Upon authorization by the Owner, and subject to Section 4.3.1.15, 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.

§ 3.2.4 If the Guaranteed Maximum Price exceeds the Owner’s budget for the Cost of the Work, the Architect and
Construction Manager, without additional charge to the Owner, shall endeavor to reduce the price of the Cost of the
Work to an amount within the Owner’s budget. Failure to reduce the Guaranteed Maximum Price to within the
Owner's budget may result in the cancellation of the Construction Manager process.

§ 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 shail review laws, codes, and regulations applicable to the Architect’s services.

§ 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,
including the feasibility of incorporating sustainable design approaches, and consideration of the implementation of
the Owner’s sustainable objective, if any. The Architect shall reach an understanding with the Owner regarding the
requirements of the Project.

AIA Document B133™ — 2014. Copyright © 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected
by U.S. Copyright Law and Intemational 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 document was produced by AIA software
at 09:28:04 on 11/11/2016 under Order No.1575871642_1 which expires on 02/06/2017, and is not for resale.

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§ 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 the scale and
relationship of the Project components.

§ 3.3.5 Based on the Owner’s approval of the preliminary design, the Architect shall prepare Schematic Design
Decuments for the Owner’s approval and the Construction Manager’s review. 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
modeling. 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 and aesthetics, implications of sustainable code
requirements enacted in the relevant jurisdiction, if any, 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 other sustainable design services
under Article 4.

§ 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 schedule and budget for the Cost of the Work.

§ 3.3.6 The Architect shall submit the Schematic Design Documents to the Owner for the Owner’s review and
approval. The Architect and the Architect’s consultants shall arrange for and participate in a review of the
Schematic Documents with the Owner. The Architect shall submit the Schematic Design Documents to the
Construction Manager. The Architect and the Architect’s consultants shall arrange for and participate in a review
of the Schematic Documents with the Construction Manager. The Architect, the Architect’s consultants and the
Construction Manager shall arrange for and participate in a review of the Schematic Documents prior to the
Construction Manager performing a cost estimate of the Work.

§ 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, identify agreed upon
adjustments to the Project’s size, quality, or budget, 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 on 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.

§ 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 pursuant to Section 5.4, the
Architect shall prepare Design Development Documents for the Owner’s approval and Construction Manager’ s
review. The Design Development Documents shall be based upon 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 such other elements as may be
appropriate. 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 Construction Manager for the development of a cost estimate and review. The
Architect and Architect’s consultants shall meet with the Construction Manager to review the Design Development
Documents prior to the Construction Manager performing a cost estimate of the Work.

AIA Document B133™ — 2014. Copyright © 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA” Document is protected
by U.S. Copyright Law and Intemational 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 document was produced by AIA software
at 09:28:04 on 71/4 1/2016 under Order No.1575871642_1 which expires on 02/08/2017, and is not for resale.

User Notes: (1482978134)