Search

§ 3.1.5 The Architect shall contact governmental authorities required to approve the Construction Documents and
entities providing utility services to the Project. The Architect shall respond to applicable design requirements
imposed by those authorities and entities.

§ 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.

§ 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner’s program, schedule, budget for the Cost
of the Work, Project site, the proposed procurement and delivery method, 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.

§ 3.2.3 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.

§ 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 preliminary design, the Architect shall 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. Preluminary 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 design for the Project that is consistent
with the Owner’s program, schedule, and budget for the Cost of the Work.

§ 3.2.6 The Architect 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

Error! Unknown document property name. (2098299393)

electrical systems, 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 Architect shall update the estimate of the Cost of the Work prepared in accordance with Section 6.3.

§ 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 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 Architect shall update the estimate for the Cost of the Work prepared in accordance with Section 6.3.

§ 3.4.5 The Architect shall submit the Construction Documents to 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 either 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 requirements and proposed Contract Documents.

§ 3.5.2.2 The Architect shall assist the Owner in bidding the Project by:
‘A facilitating the distribution of Bidding Documents to prospective bidders;
: organizing and conducting a pre-bid conference for prospective bidders;
3 preparing responses to 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 results, as directed by the Owner.

Error! Unknown document property name. (1098199393)

§ 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 all 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:

A facilitating the distribution of Proposal Documents for distribution te prospective contractors and
requesting their return upon completion of the negotiation process;
organizing and participating in selection interviews with prospective contractors,
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.

2
3

§ 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 Construction Phase Services

§ 3.6.1 General

§ 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set
forth below and in AIA 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.

§ 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 shall not have control over, charge of, or responsibility for the construction means, methods, techniques,
sequences or procedures, or for 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 shall not
have control 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 for Construction and terminates on the date
the Architect issues the final Certificate for Payment.

§ 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

Error! Unknown document property name. (1098199393)

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
either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the
Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities 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 Architect’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 liable 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 AIA Document A201—2017, the Architect shall render initial decisions on Claims between the
Owner and Contractor 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
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
exhaustive 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 in accordance with the
approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness 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 Shop 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 submittals 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 Contractor’s responsibility. The
Architect’s review shall not constitute approval of safety precautions or construction means, methods, techniques,

Error! Unknown document property name. (10998199393)

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 that 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
submitted 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, at a minimum, a detailed written statement that 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 requests 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 Time. Subject to
Section 4.2, the Architect shall prepare Change Orders and Construction Change Directives for the Owner’s
approval and execution in accordance with the Contract Documents.

§ 3.6.5.2 The Architect shall maintain records relative to changes in the Work.

§ 3.6.6 Project Completion
§ 3.6.6.1 The Architect shall:
ra conduct inspections to determine the date or dates of Substantial Completion and the date of final
completion;
.2 issue Certificates of Substantial Completion;
3 forward to the Owner, for the Owner’s review and records, written warranties and related documents
required by the Contract Documents and received from the Contractor; and,
4 _ issue a final Certificate for Payment based upon a final inspection indicating that, to the best of the
Architect’s knowledge, information, and belief, the Work complies with the requirements of the
Contract Documents.

§ 3.6.6.2 The Architect’s inspections shall be conducted with the Owner to check conformance of the Work with the
requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the
Contractor of Work to be completed or corrected.

§ 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of
the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if
any, for final completion or correction of the Work.

§ 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1)
consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment: (2)

Error! Unknown document property name. (1098199393)

10

affidavits, receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens; and (3) any other
documentation required of the Contractor under the Contract Documents.

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

ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES

§ 4.1 Supplemental Services

§ 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The
Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the
Architect’s responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. Unless
otherwise specifically addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties
agree that the listed Supplemental Service is not being provided for the Project.

(Designate the Architect's Supplemental Services and the Owner’s Supplemental Services required for the Project
by indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service.
Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an
exhibit to this Agreement.)

Supplemental Services Responsibility
(Architect, Owner, or not provided)

§ 41.1.1 | Programming

§ 4.1.1.2 | Multiple preliminary designs

§ 411.3 | Measured drawings

§ 4.1.1.4 Existing facilities surveys

§ 4.1.1.5 Site evaluation and planning

§ 4.1.1.6 Building Information Model management
responsibilities

§ 4.1.1.7 Development of Building Information Models for
post construction use

§ 4.1.1.8 Civil engineering

§ 4.1.1.9 | Landscape design

§4.1.1.10 Architectural interior design

§ 4.11.11 Value analysis

§4.1.1.12 Detailed cost estimating beyond that
required in Section 6.3

§ 4.1.1.13 On-site project representation

§ 4.1.1.14 Conformed documents for construction

§ 4.11.15 As-designed record drawings

§ 4.11.16 As-constructed record drawings

§4.1.1.17 Post-occupancy evaluation

§ 4.1.1.18 Facility support services

§ 411419 Tenant-related services

§ 4.1.1.20 Architect’s coordination of the Owner’s
consultants

§ 4.1,1.21 Telecommunications/data design

§4.1.1.22 Security evaluation and planning

Error! Unknown document property name. (1098199393)

Supplemental Services Responsibility
(Architect, Owner, or not provided)

§ 4.44.23 Commissioning

§ 4.11.24 Sustainable Project Services pursuant to Section
4.1.3

§ 4.1.1.25 Fast-track design services

§ 4.11.26 Multiple bid packages

§4.4.1.27 Historic preservation

§4.1.1.28 Furniture, furnishings, and equipment design

§4.1.1.29 Other services provided by specialty Consultants

§ 4.1.1.30 Other Supplemental Services

§ 4.1.2 Description of Supplemental Services

§ 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect’s responsibility is
provided below.

(Describe in detail the Architect’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit,
identify the exhibit. The AIA publishes a number of Standard Form of Architect’s Services documents that can be
included as an exhibit to describe the Architect's Supplemental Services.)

«>»

§ 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner’s responsibility is
provided below.

(Describe in detail the Owner’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit,
identify the exhibit.)

« »

§ 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental
Service, the Sustainability Services required in AIA Document E204™_2017, Sustainable Projects Exhibit, attached
to this Agreement. The Owner shall compensate the Architect as provided in Section 11.2.

§ 4.2 Architect’s Additional Services

The Architect may provide Additional Services after execution of this Agreement without invalidating the
Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in
accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an
appropriate adjustment in the Architect’s schedule.

§ 4.2.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner
with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not
proceed to provide the following Additional Services until the Architect receives the Owner’s written authorization:
1 Services necessitated by a change in the Initial Information, previous instructions or approvals given
by the Owner, or a material change in the Project including size, quality, complexity, the Owner’s
schedule or budget for Cost of the Work, or procurement or delivery method;
2 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing
or editing previously prepared Instruments of Service;
.3 Changing or editing previously prepared Instruments of Service necessitated by official
interpretations of applicable codes, laws or regulations that are either (a) contrary to specific
interpretations by the applicable authorities having jurisdiction made prior to the issuance of the

Error! Unknown document property name. (2098199393)

12

building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments
of Service were prepared in accordance with the applicable standard of care;

4 — Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure
of performance on the part of the Owner or the Owner’s consultants or contractors;

.) Preparing digital models or other design documentation for transmission to the Owner’s consultants
and contractors, or to other Owner-authorized recipients;

6 Preparation of design and documentation for alternate bid or proposal requests proposed by the
Owner;

Preparation for, and attendance at, a public presentation, meeting or hearing;

8 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where
the Architect is party thereto;

‘9 Evaluation of the qualifications of entities providing bids or proposals;

10 Consultation concerning replacement of Work resulting from fire or other cause during construction;
or,

11. Assistance to the Initial Decision Maker, if other than the Architect.

§ 4.2.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services,
notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If,
upon receipt of the Architect’s notice, the Owner determines that all or parts of the services are not required, the
Owner shall give prompt written notice to the Architect of the Owner’s determination. The Owner shall compensate
the Architect for the services provided prior to the Architect’s receipt of the Owner’s notice.

1 Reviewing a Contractor’s submittal out of sequence from the submittal schedule approved by the
Architect;

.2 Responding to the Contractor’s requests for information that are not prepared in accordance with the
Contract Documents or where such information is available to the Contractor from a careful study
and comparison of the Contract Documents, field conditions, other Owner-provided information,
Contractor-prepared coordination drawings, or prior Project correspondence or documentation;

3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor’s

proposals and supporting data, or the preparation or revision of Instruments of Service;

Evaluating an extensive number of Claims as the Initial Decision Maker; or,

Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to
Instruments of Service resulting therefrom.

on

§ 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional
Services. When the limits below are reached, the Architect shall notify the Owner:
1 « »(« ») reviews of each Shop Drawing, Product Data item, sample and similar submittals of the
Contractor
2 « »(« ») visits to the site by the Architect during construction
3 « »(« ») inspections for any portion of the Work to determine whether such portion of the Work is
substantially complete in accordance with the requirements of the Contract Documents
4 « »(« ») inspections for any portion of the Work to determine final completion.

§ 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in
Section 4.2.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion
of the Work or (2) the initial date of Substantial Completion identified in the agreement between the Owner and
Contractor, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs
additional cost in providing those Construction Phase Services.

§ 4.2.5 If the services covered by this Agreement have not been completed within « » ( « » ) months of the date of
this Agreement, through no fault of the Architect, extension of the Architect’s services beyond that time shall be
compensated as Additional Services.

Error! Unknown document property name. (1098199393)

13

ARTICLE 5 OWNER’S RESPONSIBILITIES
§ 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner
regarding requirements for and limitations on the Project, including a written program, which shall set forth the

Owner’s objectives; schedule; constraints and criteria, including space requirements and relationships; flexibility;
expandability; special equipment; systems; and site requirements.

§ 5.2 The Owner shall establish the Owner’s budget for the Project, including (1) the budget for the Cost of the Work
as defined in Section 6.1; (2) the Owner’s other costs; and, (3) reasonable contingencies related to all of these costs.
The Owner shal! update the Owner’s budget for the Project as necessary throughout the duration of the Project until
final completion. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the
Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in

the Project’s scope and quality.

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

§ 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for
the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as
applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands;
adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and
contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other
improvements and trees; and information concerning available utility services and lines, both public and private,
above and below grade, including inverts and depths. All the information on the survey shall be referenced to a
Project benchmark.

§ 5.5 The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits,
determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation,
ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with
written reports and appropriate recommendations.

§ 5.6 The Owner shall provide the Supplemental Services designated as the Owner’s responsibility in Section 4.1.1.

§ 5.7 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as
required in AIA Document E204™_2017, Sustainable Projects Exhibit, attached to this Agreement.

§ 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect.
Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the
Owner and the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated
as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional
Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope
of the Project. The Owner shall require that its consultants and contractors maintain insurance, including
professional liability insurance, as appropriate to the services or work provided.

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

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

§ 5.11 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or
defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service.

Error! Unknown document property name. (1098199393)

14

in full satisfaction of such hindrances and delays any extension of time that the City of Nashua may
provide.

11. INSURANCE Professional Engineer shall carry and maintain in effect during the performance of
services under this contract:

r General Liability insurance in the amount of $1,000,000 per occurrence; $2,000,000
aggregate;
* $1,000,000 Combined Single Limit Automobile Liability;
*Coverage must include all owned, non-owned and hired vehicles.
» $1,000,000 Profession Liability;
r and Workers’ Compensation Coverage in compliance with the State of New
Hampshire statutes, $100,000:$500,000/$ 100,000.

Professional Engineer shall maintain in effect at all times during the performance under this
contract all specified insurance coverage with insurers. None of the requirements as to types and
limits to be maintained by Professional Engineer are intended to and shall not in any manner limit
or qualify the liabilities and obligations assumed by Professional Engineer under this
contract. The City of Nashua shall not maintain any insurance on behalf of Professional Engineer.
Subcontractors are subject to the same insurance requirements as Professional Engineer and it shall
be the Professional Engineer’s responsibility to ensure compliance of this requirement.

Professional Engineer will provide the City of Nashua with certificates of insurance for coverage
as listed below and endorsements affecting coverage required by the contract within ten calendar
days after the City of Nashua issues the notice of award. The City of Nashua requires thirty days
written notice of cancellation or material change in coverage. The certificates and endorsements
for each insurance policy must be signed by a person authorized by the insurer and who is licensed
by the State of New Hampshire. General Liability and Auto Liability policies must name the
City of Nashua as an additional insured and reflect on the certificate of insurance. Professional
Engineer is responsible for filing updated certificates of insurance with the City of Nashua's Risk
Management Department during the life of the contract.

> All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of
insurance.

» If aggregate limits of less than $2,000,000 are imposed on bodily injury and
property damage, Professional Engineer must maintain umbrella liability insurance of at
least $1,000,000. All aggregates must be fully disclosed on the required certificate of

insurance,

> The specified insurance requirements do not relieve Professional Engineer of its
responsibilities or limit the amount of its liability to the City of Nashua or other
persons, and Professional Engineer is encouraged to purchase such additional

insurance, as it deems necessary.
» The insurance provided herein is primary, and no insurance held or owned by the City
of Nashua shall be called upon to contribute to a loss.
Professional Engineer is responsible for and required to remedy all damage or loss to any
property, including property of the City of Nashua, caused in whole or part by
Professional Engineer or anyone employed, directed, or supervised by Professional
Engineer.

Vv

12. INDEMNIFICATION Regardless of any coverage provided by any insurance, Professional Engineer
agrees to indemnify and hold harmless the City of Nashua, its agents, officials, employees and
authorized representatives and their employees from and against any and all suits, causes of action,
legal or administrative proceedings, arbitrations, claims, demands, damages, liabilities, interest.

GC 6 of Il