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ARTICLE § TERMINATION OR SUSPENSION

§ 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be
considered substantial nonperformance and cause for termination or, at the Architect’s option, subject to Section
8.2.5, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend
services, the Architect shail give written notice to the Owner. Unless Architect receives payment in full for
undisputed amounts within twenty-one (21) days of the Owner’s receipt of the Architect’s notice, the suspension
shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability
to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming
services, the Architect shall be paid all undisputed sums due prior to suspension and any direct expenses imcurred in
the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the
time schedules shal! he equitably adiusted

§ 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of
such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the
interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time
schedules shall be equitably adjusted if the suspension exceeds ninety (90) days.

§ 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the
Architect, the Architect may terminate this Agreement by giving not less than fourteen (14) days’ written notice.

§ 9.4 Either party may terminate this Agreement upon not less than twenty-one (21) days’ written notice should the
other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party
initiating the termination.

§ 9.5 The Owner may terminate this Agreement upon not less than seven days’ written notice to the Architect for the
Owner’s convenience and without cause.

§ 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services
performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as
defined in Section 9.7.

§ 9.7 Termination Expenses are in addition to compensation for the Architect’s services and include expenses
directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for
reasonable profit on the value of the services not performed at the Owner’s request as a result of the termination.

§ 9.8 In the event of suspension or termination for convenience, upon request of Owner and payment of all fees
pursuant to this Article, Architect shall promptly provide Owner with reproducible drawings and computer tapes or
disks of all documents completed or in progress on the date of termination. The Owner’s rights to use the
Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7.

ARTICLE 10 WISCELLANEOUS PROVISIONS

§ 10.1 This Agreement, any dispute, claim or controversy relating to this Agreement, and all the rights and
obligations of the parties shall, in all respects, be interpreted , construed, enforced and governed by and under the
law of the State of New Hampshire.

§ 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201—2007, General
Conditions of the Contract for Construction, except as modified in this Agreement. The term "Contractor" as used in
A201-—2007 shall mean the Construction Manager.

§ 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal
representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the
written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for
the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement.

§ 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be
submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests
the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute

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ali such consents that are consistent with this Agreement, provided the proposed consent is submitted to the
Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or
consents that would require knowledge, services or responsibilities beyond the scope of this Agreement.

§ 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor
of a third party against either the Owner or Architect.

§ 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery,
presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any
form at the Project site.

§ 10.7 Subject to the Owner’s written prior approval, which shall not be unreasonably withheld, the Architect shall
have the right to include photographic or artistic representations of the design of the Project among the Architect’s
promotional and professional materials. The Architect shall be given reasonable access to the completed Project to

’ make such representations. However, the Architect’s materials shall not include the Qwner’s confidential or

proprietary information 1f the Owner has previously advised the Architect in writing of the specific information
considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the
Architect in the Owner’s promotional materials for the Project.

§ 10.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or
"business proprietary,” the receiving party shall, to the extent permitted by law, keep such information strictly
confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the
content of such information in order to perform services or construction solely and exclusively for the Project, or (3)
its consultants and contractors whose contracts include similar restrictions on the use of confidential information.

§ 10.9 Upon request, the Architect shall provide the Owner with copies of all documents, in their original form, in
the Architect’s possession that regard the Project.

§ 10.10 Owner does not waive any prior or subsequent breach of the terms of this Agreement by making payments
on the Agreement, by failing to terminate the Agreement for lack of performance, or by failing to strictly or
promptly insist upon any term of the Agreement. Any waiver must be in writing signed by the City.

ARTICLE 11 COMPENSATION

§ 11.1 For the Architect’s Basic Services described under Article 3, the Owner shall compensate the Architect as
follows:

(fusert amount of, or basis for, compensation.)

$ 112,500 (One Hundred Twelve Thousand Five Hundred Dollars)

§ 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows:
(Gnsert amount of, or basis for, compensation. if necessary, list specific services to which particular methods of
compensation apply.)

Hourly. (See attached Rate Sheet)
§ 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the
Ovmer shall compensate the Architect as follows:
(insert amount of, or basis for, compensation.)

Hourly. (See attached Rate Sheet)

§ 11.4 Compensation for Additional Services of the Architect’s consultants when not included in Sections 11.2 or
11,3, shall be the amount invoiced to the Architect plus Fifteen percent( 15 %), or as otherwise stated below:

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§ 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work,
the compensation for each phase of services shall be as follows:

Schematic Design Phase Ten percent ( 10 %)
Design Development Phase Fifteen percent ( 15 %)
Construction Documents Phase Fifty percent ( 50 %)
Construction Phase Twenty Five percent ( 25 %)
Total Basic Compensation one hundred percent ( 100 %)

The Owner acknowledges that with an accelerated Project delivery, multiple bid package process, or Construction
Manager as constructor project delivery method, the Architect may be providing its services in multiple Phases
simultaneously. Therefore, the Architect shall be permitted to invoice monthly in proportion to services performed
in each Phase of Services as appropriate.

§ 11.6 When compensation ts based on a percentage of the Cost of the Work and any portions of the Project are
deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent
services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the
Owner-accepted Guaranteed Maximum Price Amendment or Control Estimate, as applicable, or (2) if the
Guaranteed Maximum Price proposal or Control Estimate has not been accepted by the Owner, the most recent
estimate of the Cost of the Work prepared by the Construction Manager for such portions of the Project. The
Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or
not the Construction Phase is commenced.

§ 11.7 The hourly billing rates for services of the Architect and the Architect’s consultants, if any, are set forth
below. The rates shall be adjusted in accordance with the Architect’s and Architect’s consultants’ normal review
practices.

(ff applicable, attach an exhibit of hourly billing rates or insert them below.)

Hourly ( See Attached Rate Sheet)

Employee or Category Rate ($0.00)

§ 11.8 Compensation for Reimbursable Expenses

§ 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include

expenses incurred by the Architect and the Architect’s consultants directly related to the Project, as follows:

1 Transportation and authorized out-of-town travel and subsistence:
2 Long distance services, project dedicated data and communication services, teleconferences, Project

Web sites, and extranets;

Fees paid for securing approval of authorities having jurisdiction over the Project;

Printing, reproductions, plots, standard form documents;

Postage, handling and delivery;

Reserved

Renderings, models, mock-ups, professional photography, and presentation materials requested by

the Owner;

8 Architect’s consultants’ expense of professional liability insurance dedicated exclusively to this
Project, or the expense of additional insurance coverage or limits if the Owner requests such
insurance in excess of that normally carried by the Architect’s consultants:

§ ~~ All taxes levied on professional services and on reimbursable expenses;

10 Site office expenses.

~IS tn me be

§ 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the
Architect’s consultants plus Fifteen percent( 15 %) of the expenses incurred.

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§ 11.8.3 If the insurance requirements listed in Section 2.6 exceed the types and limits the Architect normally
maintains and the Architect incurred additional costs to satisfy such requirements, the Owner shall reimburse the
Architect for such costs as set forth below:

N/A

§ 11.9 Compensation for Use of Architeci’s Instruments of Service

If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this
Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner’s continued use of
the Architect’s Instruments of Service solely for purposes of completing, using and maintaining the Project as
follows:

N/A

§ 11.10 Payments to the Architect
§ 11.1.1 An initial payment of zero ($ 0) shall be made upon execution of this Agreement and is the minimum
payment under this Agreement. It shall be credited to the Owner’s account in the final invoice.

§ 11.10.2 Payments for services shall be made monthly in proportion to services performed. Payments are due and
payable within forty-five (45) days upon presentation of the Architect’s invoice.
(Paragraphs deleted)

§ 11.10.3 Reserved

§ 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on
the basis of hourly rates shall be available to the Owner at mutually convenient times.

ARTIGLE 12 SPECIAL TERMS AND CONDITIONS
Special terms and conditions that modify this Agreement are as follows:

N/A

ARTICLE 13 SCOPE OF THE AGREEMENT

§ 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and
supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by both Owner and Architect.

§ 13.2 This Agreement is comprised of the following documents listed below.
1 ATA Document B133™-—2014, Standard Form Agreement Between Owner and Architect,
Construction Manager as Constructor Edition

(Paragraphs deleted)
2 Other documents:
(List other documents, if any, including additional scopes of service forming part of the Agreement.)
N/A

This Agreement entered into as of the day and year first written above.

OWNER (Signature) ARCHITECT (Signature)

James Donchess, Mayor William K. Davis Principal
(Printed name and title) (Printed name and title)
City of Nashua, NH Port One Architects Inc.

nlie [th

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PORT
ARCHITECTS

Fee Schedule
January 2016

Architectural Design Staff (1)

Principal Architect $ 135.00
Senior Architect $ 120.00
Project Manager $ 100.00
Architectural Designer $ 85.00
Clerical/Intern $ 70.00
Consultants (subcontracted work)
Engineering Consultants $ cost + 15%
Fire Protection/Code Consultants $ cost + 15%
Hardware/Lighting/Food Service Consultants $ cost + 15%
Interior Design $ cost + 15%
Miscellaneous Reimbursable Expenses
CAD Plots $ 0.80/sf
Telephone/Communications (3) at 1% labor costs
Overnight Delivery Services $ cost + 10%
Postage $ cost + 10%
Reprographic Services $ cost + 10%
Photography $ cost + 10%
Mileage: Automobile (2) $ 0.54/mile
Copies (b&w) $ 0.10/each
Copies (color) $ 0.50/each
Presentation Expenses
Mounted Color Presentation Boards $ as quoted
Architectural Presentation Models $ as quoted
3D Computer Renderings $ as quoted
3D Computer Videos $ as quoted

Notes
(1) Rates will be charged for time worked on the project and for the time required for
travel between the office and the meeting or project site.
(2) Automobile mileage expense shall be periodically adjusted consistent with IRS
allowances
(3) Telephone/Communications will be invoiced as a reimbursable expense at 1% of the
total labor cost.

"ATA pocument 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

AGREEMENT made as of the 21st day of November

(In words, indicate day, month and year.)

BETWEEN the Owner:
(Name, legal status and address)

City Of Nashua New Hampshire
229 Main Street
Nashua, New Hampshire 03060

and the Construction Manager:
(Name, legal status and address)

Bonnette, Page & Stone Corp
91 Bisson Avenue
Laconia, NH 03246
Ph # 603-524-3411

for the following Project:
(Name and address or location)

Renovations and Addition to
Nashua Fire Station 3
124 Spit Brook Road

Nashua, New Hampshire 03060

The Architect:
(Name, legal status and address)

Port One Architects, Inc., Professional Corporation
959 Islington Street
Portsmouth, New Hampshire 03801

The Owner’s Designated Representative:
(Name, address and other information)

Steven Galipeau, Fire Chief City of Nashua
70 East Hollis Street
Nashua, New Hampshire 03060

The Construction Manager’s Designated Representative:

(Name, address and other information)

Keith McBey, President

in the year 2016

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.

AIA Document A201™-2007,
General Conditions of the Contract
for Construction, is adopted in this
document by reference. Do not use
with other general conditions unless
this document is modified.

ASA Document A133™ — 2009 (formerly 4121™CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.

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| Email Address: randy@bpsnh.com

The Architect’s Designated Representative:
(Name, address and other information)

Kelly Davis AIA

Port One Architects Inc.

959 Islington Street

Portsmouth, New Hampshire 03801

The Owner and Construction Manager agree as follows.

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TABLE OF ARTICLES

1 GENERAL PROVISIONS

2 CONSTRUCTION MANAGER’S RESPONSIBILITIES

3 OWNER’S RESPONSIBILITIES

4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES
5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES

6 COST OF THE WORK FOR CONSTRUCTION PHASE

7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES

8 INSURANCE AND BONDS

9 DISPUTE RESOLUTION

10 TERMINATION OR SUSPENSION

11 MISCELLANEOUS PROVISIONS

12 SCOPE OF THE AGREEMENT

EXHIBITA GUARANTEED MAXIMUM PRICE AMENDMENT

ARTICLE 1 GENERAL PROVISIONS

§ 1.1 The Contract Documents

The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Bid documents, Addenda issued prior to the execution of this Agreement,
other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which
form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. Upon
the Owner’s acceptance of the Construction Manager’s Guaranteed Maximum Price proposal, the Contract
Documents will also include the documents described in Section 2.2.3 and identified in the Guaranteed Maximum
Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 2.2.8.
The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior
negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents,
other than a Modification, is inconsistent with this Agreement, this Agreement shall govern.

§ 1.2 Relationship of the Parties

The Construction Manager accepts the relationship of trust and confidence established by this Agreement and
covenants with the Owner to cooperate with the Architect and exercise the Construction Manager’s skill and
judgment in furthering the interests of the Owner; to furnish efficient construction administration, management
services and supervision; io furnish at all times an adequate supply of workers and materials; and to perform the
Work in an expeditious and economical manner consistent with the Owner’s interests. The Owner agrees to furnish
or approve, in a timely manner, information required by the Construction Manager and to make payments to the
Construction Manager in accordance with the requirements of the Contract Documents.

§ 1.3 General Conditions

For the Preconstruction Phase, AIA Document A201™—2007, General Conditions of the Contract for Construction,
shall apply only as specifically provided in this Agreement. For the Construction Phase, the general conditions of the
contract shall be as set forth in A201—2007, which document is incorporated herein by reference. The term
"Contractor" as used in A201—2007 shall mean the Construction Manager.

AIA Document A133™ — 2009 (formerly A121™CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
WARNING: This AIA® Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA® 3
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ARTICLE 2. CONSTRUCTION MANAGER’S RESPONSIBILITIES

The Construction Manager’s Preconstruction Phase responsibilities are set forth in Sections 2.1 and 2.2. The
Construction Manager’s Construction Phase responsibilities are set forth in Section 2.3. The Owner and
Construction Manager may agree, in consultation with the Architect, for the Construction Phase to commence prior
to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. The Construction
Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the
Project.

§ 2.1 Preconstruction Phase
§ 2.1.1 The Construction Manager shall provide a preliminary evaluation of the Owner’s program, schedule and
construction budget requirements, each in terms of the other.

§ 2.1.2 Consultation

The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such
matters as procedures, progress, coordination, and scheduling of the Work. The Construction Manager shall advise
the Owner and the Architect on proposed site use and improvements, selection of materials, and building systems
and equipment. The Construction Manager shall also provide recommendations consistent with the Project
requirements to the Owner and Architect on constructability; availability of materials and labor; time requirements
for procurement, installation and construction; and factors related to construction cost including, but not limited to,
costs of alternative designs or materials, preliminary budgets, life-cycle data, and possible cost reductions.

§ 2.1.3 When Project requirements in Section 3.1.1 have been sufficiently identified, the Construction Manager shall
prepare and periodically update a Project schedule for the Architect’s review and the Owner’s acceptance. The
Construction Manager shall obtain the Architect’s approval for the portion of the Project schedule relating to the
performance of the Architect’s services. The Project schedule shall coordinate and integrate the Construction
Manager’s services, the Architect’s services, other Owner consultants’ services, and the Owner’s responsibilities
and identify items that could affect the Project’s timely completion. The updated Project schedule shail include the
following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of
commencement and completion required of each Subcontractor; ordering and delivery of products, including those
that must be ordered well in advance of construction; and the occupancy requirements of the Owner.

§ 2.1.4Phased Construction

The Construction Manager shall provide recommendations with regard to accelerated or fast-track scheduling,
procurement, or phased construction. The Construction Manager shall take into consideration cost reductions, cost
information, constructability, provisions for temporary facilities and procurement and construction scheduling
issues.

§ 2.1.5 Preliminary Cost Estimates

§ 2.1.5.1 Based on the preliminary design and other design criteria prepared by the Architect, the Construction
Manager shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area,
volume or similar conceptual estimating techniques for the Architect’s review and Owner’s approval. If the
Architect or Construction Manager suggests alternative materials and systems, the Construction Manager shall
provide cost evaluations of those alternative materials and systems.

§ 2.1.5.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and
Construction Documents, ite Construction Manager shall prepare and update, at appropriate intervals agreed to by
the Owner, Construction Manager and Architect, estimates of the Cost of the Work of increasing detail and
refinement and allowing for the further development of the design until such time as the Owner and Construction
Manager agree on a Guaranteed Maximum Price for the Work. Such estimates shall be provided for the Architect’s
review and the Owner’s approval. The Construction Manager shall inform the Owner and Architect when estimates
of the Cost of the Work exceed the latest approved Project budget and make recommendations for corrective action.

§ 2.1.6 Subcontractors and Suppliers
The Construction Manager shall develop bidders’ interest in the Project.

§ 2.1.7 The Construction Manager shall prepare, for the Architect’s review and the Owner’s acceptance, a
procurement schedule for items that must be ordered well in advance of construction. The Construction Manager

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shall expedite and coordinate the ordering and delivery of materials that must be ordered well in advance of
construction. If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price,
the Owner shall procure the items on terms and conditions acceptable to the Construction Manager. Upon the
establishment of the Guaranteed Maximum Price, the Owner shall assign all contracts for these items to the
Construction Manager and the Construction Manager shall thereafter accept responsibility for them.

§ 2.1.8 Extent of Responsibility

The Construction Manager shall exercise reasonable care in preparing schedules and estimates. The Construction
Manager, however, does not warrant or guarantee estimates and schedules except as may be included as part of the
Guaranteed Maximum Price. The Construction Manager is not required to ascertain that the Drawings and
Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful
orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any
nonconformity discovered by or made known to the Construction Manager as a request for information in such form
as the Architect may require.

§ 2.1.9 Notices and Compliance with Laws

The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and
lawful orders of public authorities applicable to its performance under this Contract, and with equal employment
opportunity programs, and other programs as may be required by governmental and quasi governmental authorities
for inclusion in the Contract Documents.

§ 2.2 Guaranteed Maximum Price Proposal and Contract Time

§ 2.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager and in consultation with
the Architect, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner’s
review and acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Construction
Manager’s estimate of the Cost of the Work, including contingencies described in Section 2.2.4, and the
Construction Manager’s Fee.

§ 2.2.2 To the extent that the Drawings and Specifications are anticipated to require further development by the
Architect, the Construction Manager shall provide in the Guaranteed Maximum Price for such further development
consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not
include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which,
if required, shall be incorporated by Change Order.

§ 2.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement
of its basis, which shall include the following:

1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the
Contract;

2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of
the Guaranteed Maximum Price proposal, including assumptions under Section 2.2.2, to supplement
the information provided by the Owner and contained in the Drawings and Specifications;

3 +Astatement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost
of the Work organized by trade categories or systems, allowances, contingency, and the Construction
Manager’s Fee;

4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price
is based; and

.5 A date by which the Owner must accept the Guaranteed Maximum Price.

§ 2.2.4 In preparing the Construction Manager’s Guaranteed Maximum Price proposal, the Construction Manager
shall include its contingency for the Construction Manager’s exclusive use to cover those costs considered
reimbursable as the Cost of the Work but not included in a Change Order.

§ 2.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum
Price proposal. In the event that the Owner and Architect discover any inconsistencies or inaccuracies in the
information presented, they shall promptly notify the Construction Manager, who shall make appropriate
adjustments to the Guaranteed Maximum Price proposal, its basis, or both.

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