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TABLE OF ARTICLES

1 NITIAL INFORMATION

2 ARCHITECT’S RESPONSIBILITIES

3 SCOPE OF ARCHITECT’S BASIC SERVICES

4 SUPPLEMENTAL AND ADDITIONAL SERVICES
5 OWWER’S RESPONSIBILITIES

6 COST OF THE WORK

7 COPYRIGHTS AND LICENSES

8 CLAIMS AND DISPUTES

9 TERMINATION OR SUSPENSION

16 MISCELLANEOUS PROVISIONS
11 COMPENSATION
12 SPECIAL TERMS AND CONDITIONS

13 SCOPE OF THE AGREEMENT

ARTICLE 1 INITIAL INFORMATION

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

(For each item in this section, insert the information or a statement such as "not applicuble" or “unknown ai time of
execution. "}

City of Nashua RFP dated July 31, 2018.

§ 1.1.1 Phe Owner’s program for the Project.
Csert the Owner's program, identify documentation that establishes the Owner's program, or siate the manner in
which the program will be developed }

Address the Owners prionties including:
- New Elevator

- New Windows

- New Roof

- Upgraded Mechanical System

- Upgraded Electrical System

- New Exterior Doors

§ 1.1.2 The Project’s physical characteristics:

(identify or describe pertinent information about the Project's physical Characteristics. such us size; location;
dimensions; geotechnical reports; site boundaries; topographic survey's; traffic and utility studies; availability of
public and private utilities and services; legal description of the site. ete.)

Nashua Public Health
18 Mulberry Street
Nashua, NHI

AIA Document B101™ — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 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 ar distribution of this AIA’ Docusten?. or any
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§ 1.4.3 The Owner's budget for the Cost of ihe Work, as defined in Section 6.1:
(Provide total and. if known, a line item breakdown.)

$2.3 Million (2,300,060.00)
§ 1.1.4 The Owner's anticipated design and construction milestone dates:
A Design phase milestone dates, if any:
TBD
2 Construction commencement date:
TBD
3 Substantial Completion date or dates:
TBD

4 Other milestone dates:

§ 1.1.5 The Owner intends the following procurement and delivery method for the Project:
(identify method such us competitive bid or negotiated contract, as well as anv requirements for accelerated or
Jast-track design and construction, multiple bid packages, or phased construction.)

Construction Management

§ 1.1.6 The Owner's anticipated Sustainable Objective for the Project:
(Identify and describe the Owner's Susiuinable Objective for the Project, if any.)

N/A

§ 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AJA
Document £2047™. 2017, Sustainable Projects Exhibit, into this Agreement to define the terms, conditions and
services related to the Owner's Sustainable Objective. [f H204 2017 is incorporated into this agreement, the Owner
and Architect shall incorporate the completed E204. 2017 into the agreements with the consullants and contractors
performing services or Work in any way associated with the Sustainable Objective.

§ 1.1.7 The Owner identifies the following representative in accordance with Section $.3:
(List name, address, and other contact information.)

Jay Hunnewell

229 Main Street

PO Box 2019

Nashua, NH 03061-2019
(603) 589-3340

§ 1.1.8 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 contact information.

AIA Document B101"™ - 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This
AlA” Document 1s oratected by US. Copyright Law and lnternational Treaiies. Unauthorized reproduction or distribution of this AIA Document, or any
portion of it, may result in severe chvel and criminal penalties, and will pe presectted to the maaimum extent pousible under the Jaw This document was
produced by AIA software at 11:12.42 ET on 04/02/2019 under Order No.0100024863 which expires on 12/13/2019, and i$ not for resale.

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Tim Cummings

229 Main Street

PO Box 2019

Nashua, NH 03061-2019
(603) 589-3072

§ 1.1.9 The Owner shall retain the following consultants and contractors:
(List name, legal status, address. and other contact information.)

1 Geotechnical Engineer:

TBD

2 Civil Engineer:

N/A

3 Other, ifany:
(List any other consultants and contractors retained by the Owner.}

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

Kreg jones

697 Union Street
Manchester, NH 03104
(603) 625-4548

§ 1.1.11 The Architect shall retain the consultants identified in Sections 1.1.1 1.1 and 1.1.1.2:
(List name, leval status, address, and other contact information }

§ 1.1.11.1 Consultants retained under Basic Services:
1 Structural Engineer:

SFC Engineering
Eric Kisak, PE.

] Industrial Drive
Windham, NH 03087
(603) 647-8700

2 Mechanical Engineer:

Design Day Mechanicals
Andy Arsenault, P.F.

ALA Document B101™ — 2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects, Al rights reserved. WARNING: This

Init. AIA” Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or cistribution of this ALA’ 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 jaw. This document was
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PO Box 447
New Ipswich, NH 03071
(603) 878-3769

3 Electrical Engineer:

Electrical Systems Engineering
Victor Reno, PLE,

185 Winchester St,

Keene. NH 03431

(603) 446-3426

§ 1.1.11.2 Consultants retained under Supplemental Services:

N/A

§ 1.4.12 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 the Initial
Information may materially change and, in that event, the Owner and the Architect shall negotiate adjustments in the
schedule, compensation, and changes in the Work in accordance with Sections 3.6.5 and 4. The Owner shail adjust the
Owner’s budget for the Cost of the Work and the Owner’s anticipated design and construction milestones, as
necessary, to accommodate material changes in the Initial Information.

§ 1.3 The parties shall agree upon protocols governin g the transmission and use of Instruments of Service or any other
information or documentation in digital form.

(Paragraph deleted)

ARTICLE 2 ARCHITECT'S RESPONSIBILITIES

§ 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect will provide all
professional services necessary for the complete design and construction documentation of the Project as required by
the terms of this Agreement. The Architect agrees that the Basic Services Fee, as slated in Article | 1, represents
adequate and sufficient compensation for its timely provision of all professional Basie Services (including those of its
consulting, structural, mechanical. electrical, plumbing, and civil, and other consulling engineers) necessary ta
completely design the Project and prepare Construction Documents that fully indicate the requirements of)
construction of the Work, whether or not those Services are individual listed or referred to in this Agreement, the only
exception to this being: (1) the cost of those services that are provided by third parties and that are expressly
designated herein as being ‘the Owner’s responsibility’ or “owner-provided”, and (2) the cos! of those engineering or
consulling Services that become necessary as a result of an Owner-directed change in Project scope affecting the
Architect (and that are the subject of a written agreement for Additional Services between the Owner and Architect).
The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the
services required by this Agreement, or shall cause such services to be performed by appropriately licensed design
professionals.

§ 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by
architects practicing in the same or similar locality under the same or similar circumstances. ‘The Architect shall
perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of
the Project.

§ 2.2.4 The Architect hereby warrants that it (and the individual architects and engineers it employs on this Project) are
registered, licensed and authorized to practice Architecture (or Engineering, as the case may be) as required by law of the State
of New Hampshire. The Architect warrants that its decisions, Construction Documents and Services shal! conform to all federal,
Slate and local statues and regulations governing its Services, the Project, and the Work. The Architect agrees and

AIA Document 8107™ ~ 2017. Copyright © 1974, 1978, 1987, 1997. 2007 and 2017 by The American Institute of Architects, All rights reserved. WARNING This
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acknowledges that the Architect's duty is non-delegable — and that the Architect, by signing drawings or preparing Construction
Documents to submit for purpose of obtaining building and other governmental permits, shal! be deemed to certify that i has
taken every reasonable measure to ascertain what codes apply to the Project and has applied them accordingly. Nothing in this
Agreement shall be construed to eliminate or diminish the Architect's responsibility for compliance of its design, its Construction
Documents, and its Services provided with local, state and federal statutes and regulations.

§ 2.2.2 The Architect hereby represents and agrees that the plans, drawings, specifications and other documenis prepared by it
pursuant to this Agreement must be complete and functional for the purposes intended, except as to any deficiencies which are
due to cause beyond the control of the Architect, and that the Project, if constructed in accordance with such plans, drawings,
specifications and other documents, will be structurally sound and a complete and properly functioning facility suitable for the
purposed for which it is intended.

§ 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the
Project.

§ 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accepl any
employment, interest or contribution that would reasonably appear to compromise the Architect’s professional

Judgment with respect to this Project.

§ 2.5 The Architect shall maintain the fullowing insurance until termination of this Agreement. If any of the
requirements sel forth below are in addition to the types and limits the Architect normally maintains, the Owner shall
pay the Architect as set forth in Section 11.9.

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

§ 2.5.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy
limits of not less than One Million (S 1,000,000} per accident for bodily injury, death of any person, and property
damage arising out of the ownership, maintenance and use of those motor vehicles, alon g with any other statutorily
required automobile coverage.

§ 2.5.3 The Architect may achieve the required limits and coverape for Commiercial General Liabili ty and Automobile
Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and
excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under
Sections 2.5.1 and 2.5.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage
than the primary policy. The excess policy shall nat require the exhaustion of the underlying limits only through the
actual payment by the underlying insurers,

§ 2.5.4 Workers’ Compensation at statutory limits.

§ 2.5.5 Employers’ Liability with policy limits not less than One Million (8 1,000,000) each accident, One Million
(S 1,000,000) each employee, and One Million (S 1,000,000) policy limit,

§ 2.5.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services
with policy limtts of not less than Three Million ($3,000,000 ) per claim and Three Million ($3,000,000) in the
aggregate,

§ 2.5.7 Additional Insured Obligations. To the tullest extent permitted by iaw, the Architect shall cause the primary and
excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an
additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions. The additional
insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to
both ongoing and completed operations.

§ 2.5.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the
requirements in this Section 2.5.

AiA Document B101™ - 20147, Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARMING: This
AIA” Document is protected by U.S, Copyright Law and international Treatins. Unauthorized reproduction or Cistribudion of this AIA” Cocunient, or any
portion of it, may result in severe civil anc criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was
produced by AIA software at 11:12:42 ET on 04/02/2019 under Order No.0100024863 which expires on 12/13/2019, and is not for resale.

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ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES

§ 3.1 The Architect shall provide all the usual and customary professional services necessary for the complete design
and consiruction documentation of the Project. The Architect agrees that the Basic Services Fee, as stated im Arlicie
11, represents the adequate and sufficient compensation for its timely provision of all professional Basic Services
(including those of its consulting structural, mechanical, electrical, plumbing, and civil, and other consulting
engineers) necessary to completely design the project and prepare Construction Documents that fully indicate the
requirements for construction of the Work, whether or not those Services are individually listed or referred to in this
Agreement, the only exceptions to this being: (1) the cost of those services that are provided by third parties and that
are expressly designated herein as being "the Owners responsibility" or "Owner-pravided": and (2) the cost of those
engineering or consulting Services that become nevessary as a result of an Owner-directed change in Project scope
affecting the Architect (and that are the subject of a written agreement for Additional Services between the Owner and
the Architect). Except as stated otherwise in this Agreement, the Architect's Basic Services shall not include design of
materials, systems or equipment thal are the responsibility of the Contractor or third parties (that are not the
Architect's consultants).

§ 3.1.1 The Architect shall manage the Architect's services, research applicable design criteria, attend Project
meclings, communicate with members of the Project team, and report progress lo the Owner,

§ 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's
consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, complcteness, and
timeliness of, services and information furnished by the Owner 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 afier the date of this Agreement, the Architect shall submit for the Owner's approval a
schedule for the performance of the Architect’s services, The schedule initially shal] include anticipated dates lor the
commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The
schedule shall include allowances for periods of time required for the Owner’s review, for the performance of the
Owner’s consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once
approved by the Owner, time limils established by the schedule shall not, except for reasonable cause, be exceeded by
the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the Project
proceeds until the commencement of construction.

§ 3.1.4 The Architect may require that an Owner's directive or substitution be made in writing.

§ 3.1.5 The Architect shall at appropriate limes, 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 prepare design and documents in accordance with applicable desiyn requirements imposed by such
i governmental authorities and by such entities providing utility services.

§ 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents
required for the approval of governmental authorities having jurisdiction over the Project.

§ 3.2 Schematic Design Phase Services
| § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws,
' codes, and regulations applicable to the Architect’s services and prepare designs and documents accordingly.

§ 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner’s program, schedule, budyet for the Cost of
the Work, Project site, the proposed procurement and delivery method, and other Initial Infor mation, each in terms of
the other, to ascertain the requirements of the Project. Phe 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.

§ 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative
approaches to design and construction of the Project. The Architect shall reach an understanding with the Owner
regarding the requirements of the Project.

AIA Document B101™ ~ 2017. Copyright © 1974, 1978, 1987, 1997. 2007 and 2017 by The Amencan Institute of Architects. Al rights reserved, WARNING. This

init. AIA® Document is protected by US Copyright Law and International Treahes. Unauthorized reproduction or distrcbution af this ALA” Document. or any 7
portion of it, may result in severe civil and criminal penalties, and will be prosecuted fo the maximum axtent possible under the law. This document was
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§ 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, for the
Owner's approval, a preliminary design illustrating the scale and relationship of the Project components.

§ 3.2.5 Based on the Owner’s approval of the prehmunary design, the Architect shali prepare Schematic Design
Documents for the Owner’s approval, The Schematic Design Documents shall consist of drawings and other
documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may
include some combination of study models, perspective sketches, or digital representations. Preliminary selections of
major building systems and construction materials shall be noted on the drawings or described in writing.

§ 3.2.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation,
together with other considerations based on program and aesthetics, in developing a design that is consistent with the
Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainable
design services as a Supplemental Service under Section 4.1.1.

§ 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with
other considerations based on program and aesthetics, in developing a desi gn for the Project that is consistent with the
Owner's program, schedule, and budget for the Cost of the Work

§ 3.2.6 The Construction Manager shall submit to the Owner an estimate of the Cost of the Work prepared in
accordance with Section 6.3.

§ 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner’s approval.

§ 3.3 Design Development Phase Services

§ 3.3.1 Based on the Owner’s approval of the Schematic Design Documents, and on the Owner’s authorization of any
adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design
Development Documents for the Owner’s approval. The Design Development Documents 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 electrieal systerns, and
other appropriate elements. The Design Development Documents shall also include outline specifications that identify
major materials and systems and establish, in general, their quality levels.

§ 3.3.2 The Construction Manager shall update the estimate of the Cost of the Work prepared in accordance with
Section 6.3. (Not Used)

§ 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any
adjustments to the estimate of the Cost of the Work, and request the Owner’s approval.

§ 3.4 Construction Documents Phase Services

§ 3.4.1 Based on the Owner’s approval of the Design Development Documents. and on the Owner’s authorization of
any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare
Construction Documents for the Owner’s approval. The Construction Documents shall illustrate and describe the
further development of the approved Design Development Documents and shall consist of Drawings and
Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other
requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the
Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other
similar submittals, which the Architect shall review in accordance with Section 3.6.4.

§ 3.4.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over
the Project into the Construction Documents.

§ 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the
development and preparation of (1) procurement information that describes the time, place, and conditions of bidding,
including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor: and (3) the

AIA Document B101™ ~. 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. AH rights reserved. WARWING: This
AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction o7 distripmtion of this ATA” Document, or any
Portion of if, may result in severe civil and criminal peaatties, and will be brosecuted to the masximurn extent possible under the law. This dacument was
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Conditions of the Contract for Construction (General, Supplementary and other Conditions), The Architect shall also
compile a project manual that includes the Conditions of the Contract for Construction and Specifications, and may
include bidding requirements and sample forms.

§ 3.4.4 The Construction Manager shall update the estimate for the Cost of the Work prepared in accordance with
Section 6.3.

§ 3.4.5 The Architect shail submit the Construction Documents tu the Owner, advise the Owner of any adjustments to
the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner’s approval.

§ 3.5 Procurement Phase Services

§ 3.5.1 General

The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner’s approval
of the Construction Documents, the Architect shall assist the Owner in (1) obtaining ether competitive bids or
negotiated proposals: (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or
proposal, if any, and, (4) awarding and preparing contracts for construction.

§ 3.5.2 Competitive Bidding
§ 3.5.2.1 Bidding Documents shall consist of bidding requiremenis and proposed Contract Documents.

§ 3.5.2.2 The Architect shall assist the Owner in bidding the Project by:
JA facilitating the distribution of Bidding Documents to prospective bidders:
2 organizing and conducting a pre-bid conference for prospective bidders:
3 preparing responses 10 questions from prospective bidders and providing clarifications and
interpretations of the Bidding Documents to the prospective bidders in the form of addenda: and,
4° — organizing and conducting the opening of the bids, and subsequently documenting and distributing the
bidding resulls, as directed by the Owner.

§ 3.5.2.3 If the Bidding Documents permit substitutions, upon the Owner’s written authorization, the Architect shall, as
an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved
substitutions to ali prospective bidders.

§ 3.5.3 Negotiated Proposals
§ 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents.

§ 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by:

1 facilitating the distribution of Proposal Documents for distribution to prospective contractors and
requesting their return upon completion of the negotiation process;

2 organizing and participating in selection interviews with prospective contractors;

3 preparing responses to questions from prospective contractors and providing clarifications and
interpretations of the Proposal Documents to the prospective contractors in the form of addenda: and,

A participating in negotiations with prospective contractors, and subsequently preparing a summary
report of the negotiation results, as directed by the Owner,

§ 3.5.3.3 If the Proposal Documents permit substitutions, upon the Owner’s written authorization, the Architect shall,
as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved
substitutions to all prospective contractors.

§ 3.6 Consiruction Phase Services

§ 3.6.1 General

§ 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the C oniractor as set forth
below and in ATA Document A201™--2017, General Conditions of the Contract for Construction. If the Owner and
Contractor modify AIA Document A201--2017, those modifications shall not affect the Architect's services under this
Agreement unless the Owner and the Architect amend this Agreement.

AlA Document B101™ — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American institute of Architects. All rights reserved. WARNING: This
AIA® Gacument is protected by U.S. Copyright Law and International Treatios Unauthorized reproduction or disteibution of this ALA’ Document. or ary
portion of it, may result m severe civil and criminal penalties and will be prosacuied to the maximum extent gossible under the lew This document was
produced by AiA software at 14:12:42 ET on 04/02/2019 under Order No.0100024863 which expires on 12/13/2049. and is nat for resaie.

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§ 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect
shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shal!
not have control over, charge of, or responsibility for the construction means. methods, techniques, sequences or
procedures, or fur safety precautions and programs in connection with the Work, nor shall the Architect be responsible
for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The
Architect shall be responsible for the Architect's negligent acts or omissions, but shal! not have contro! over or charge
of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing
portions of the Work,

§ 3.6.1.3 Subject to Section 4.2 and except as provided in Section 3.6.6.5, the Architect’s responsibility to provide
Construction Phase Services commences with the award of the Contract fur Construction and terminates on ihe date
the Architect issues the final Certificate for Payment.

§ 3.6.1.4 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and
in AIA Document A201-2007, General Conditions of the Contract for Construction (as mended and supplemented with city made
modifications). Architect shall revise and issue the General Conditions of the Contract for Construction (AIA form 4201-2007) in
accordance with Owner's instructions and consistent with the duties of the Architect as set forth in the revised A201-2007, The
Owner and Architect shall amend this Agreement to reflect material changes in Services required by those instructions.

§ 3.6.2 Evaluations of the Work

§ 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required
in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and
to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully
completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make
exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits,
the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work
completed, and promptly report to the Owner (1) known deviations from the Contract Documents. (2) known
deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies
observed in the Work.

§ 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever
the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing
of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated,
installed or completed. However, neither this authority of the Architect nor a decision made in good faith cither to
exercise or not to exercise such authorily shall give rise to a duty or responsibility of the Architect to the Contractor,
Subcontractors, suppliers, their agenis or employees, or other persons or enlilies performing portions of the Work.

§ 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the
Contract Documents on written request of either the Owner or Contractor, The Archilect’s response to such requests
shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness.

§ 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable
from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations
and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not
show partiality to either, and shall not be Hable for results of interpretations or decisions rendered in good faith. The
Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the
Contract Documents.

§ 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term
is defined in ALA Document A201-2017, the Architect shall render initial decisions on Claims between the Owner and
Coniractor as provided in the Contract Documents.

§ 3.6.3 Certificates for Payment to Contractor

§ 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such
amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the
Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's

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Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has
progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the
Contractor is entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation
of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent
tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4)
specific qualifications expressed by the Architect.

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

§ 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment.

§ 3.6.4 Submittals

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

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

§ 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or
certifications by a design professional related to systems, materials, or equipment, the Architect shall specify the
appropriate performance and design criteria thal such services must satisfy. The Architect shall review and take
appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the
Contractor's design professional, provided the submittals bear such professional's seal and signature when submitied
to the Architect, The Architect's review shall be for the limited purpose of checking for conformance with information
given and the design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and
shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or
provided by such design professionals.

§ 3.6.4.4 Subject to Section 4.2, the Architect shall review and respond to requests for information about the Contract
Documents. The Architect shall set forth, in the Contract Documents, the requirements for requests for information.
Requests for information shall include, al a minimum, a detailed written statement thal indicates the specific Drawings
or Specifications in need of clarification and the nature of the clarification requested, The Architect’s response to such
requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If
appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the
reguests for information.

§ 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in
accordance with the requirements of the Contract Documents.

§ 3.6.5 Changes in the Work
§ 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract
Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract lime. Subject to

AIA Document B101™ — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING. This

AIA” Dacument is protectes by US. Copyright Law and international Treatles. Unauthorized rearoduction or distribution of this AIA’ Document, or any 44
portion af it, may result in severe civ and criminal penatties. and wilt be prosecuted to the maximum extent possitite urdar the faw This document was
praduced by AIA software at 11:12:42 ET on 04/02/2019 under Order No.0100024863 which expires an 12/13/2019, and is not for resale

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