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City of Nashua

Purchasing Department
Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233

November 9, 2021
Memo #22-187

TO: Mayor Donchess
Finance Committee

SUBJECT: Construction Management Services for a new DPW Administrative Office Building in the
amount not to exceed $12,025,000 funded from 54210 Lead Hazzard Remediation

Please see attached communications from Tim Cummings, Director of Economic Development, dated
November 4, 2021 for project specific details related to this purchase. Below please find a summary of the

purchase approval request:

Item: Construction Management of the new DPW Administrative Office Building to be
located off West Hollis Street adjacent to the Four Hills Landfill

Value: not to exceed $12,025,000
Vendor: Harvey Construction
Department: 160 Engineering

Source Fund: 54210 Lead Hazzard Remediation

Ordinance: Pursuant to § 5-78 Major purchases (greater than $10,000) A. All supplies and
contractual services, except as otherwise provided herein, when the estimated
cost thereof shall exceed $10,000 shall be purchased by formal, written contract
from the lowest responsible bidder, after due notice inviting bids.

An RFQ for this project was issued on 7/1/2019 and bids from the following vendors were received:

Vendor Location Note

Northpoint Construction Management Hudson, NH

North Branch Construction Concord, NH

Turnstone Corporation Milford, NH

Hutter Construction Corporation New Ipswich, NH Vendor is not in good standing with the City
Harvey Construction Corporation Bedford, NH

Landry & French Nashua, NH

We recommend this bid to be awarded to the lowest total cost vendor who met the RFQ specified
requirements. The Board of Public Works (11/4/21 BPW meeting), Economic Development Division,
Division of Public Works: Engineering and the Purchasing Department respectfully request your approval

of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

Ce: L Fauteux
T Cummings
C O'Connor

Jim Donchess
Mayor e City of Nashua

To: Board of Aldermen

From: Mayor Jim Donchess

Date: November 9, 2021

Re: Contract Award in excess of $1,000,000 — Construction Management Services for new

DPW Administrative Office Building

Pursuant to NRO: § 5-74/B: E. Approval by the Finance Committee of a contract award in excess of
$1,000,000 shall be submitted to the full Board of Aldermen at its next regularly scheduled meeting
for final approval prior to award of the contract.

The Finance Committee has approved and placed on file the notification of the award of the
referenced contract at the November 17, 2021 meeting and as such | am requesting the full Board of
Alderman approve the following contract:

Item: Construction Management of the new DPW Administrative Office
Building to be located off West Hollis Street adjacent to the Four Hills
Landfill

Value: $12,025,000 (not to exceed)

Vendor: Harvey Construction Corporation

Purchasing Memo#: 22-187 dated November 9, 2021

Contract Term: to project completion

Thank you.

229 Main Street * PO Box 2019 * Nashua, New Hampshire 03061-2019
603.589.3260 * fax 603.594.3450 * NashuaMayor@NashuaNH.gov
www. NashuaNH.gov

ga) THE CITY OF NASHUA “the Gate Cy"

Office of F-conomie Development

TO: Jim Donchess, Mayor & Michael O’Brien, Chair
FROM: — Tim Cummings, Economic Development Director
Date: November 04, 2021

RE: Approval of AIA — Document A133-2009 Contract for Construction
Manager Services with Harvey Construction

The enclosed document is a contract for construction management services for anew DPW
Administrative Office Building located on land off West Hollis Street and adjacent to the Four
Hills Landfill.

There is a target date to begin construction in spring of 2022 and the building is currently in a
preconstruction design stage. To date schematic design and design development phases have
been completed and the project is more than 50% the way through construction design
documents. The project has been costed and with any type of construction management contract
a final figure will not be realized until a Guaranteed Maximum Price (“GMP”) is set through a
GMP Amendment per section 5.2 of the attached agreement.

I am requesting a not to exceed figure of $12,025,000 be used to approve this contract. This
represents a construction budget of $10,525,000 and a $1,500,000 contingency budget. These
figures align with previous representations targeting a total project budget of $15,000,000.

Harvey Construction is a known and reputable construction management firm. Previously,
Harvey built both High Schools in Nashua. They have performed a lot of construction related
work on the city’s behalf over the years. However, their services were competitively procured
through a qualifications based selection process. A Request for Qualifications (“RFQ”) was
issued in the summer of 2019 and nine firms’ submitted proposals. Three firms were selected for
interviews with an internal selection committee. Harvey rose to the top as a preferred choice.

Harvey Construction’s management fee is set for 2.9%, which is slightly better than their most
recent building projects for the city at 3.2% and 3.0% respectfully.

THANK YOU.

229 Main Street, Suite 234 - Nashua, New Hampshire 03060 + Phone (603) 589-3106

Init.

MATA Document A133" - 2009

Standard Form of Agreement Between Owner a
as Constructor where the basis of payment is the Cost

Guaranteed Maximum Price

AGREEMENT made as of the Third day of May in the year 2021

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

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

City of Nashua New Hampshire
229 Main Street
Nashua, NH 03060

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

Harvey Construction Corporation
10 Harvey Road
Bedford, NH 03110

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

Construction of a New D.P.W. Administration Office Bidg
840 W. Hollis Street
Nashua, NH 03062

The Architect:
(Name, legal status and address)

HKT Architects
24 Roland Street, Suite 30]
Charlestown, MA 02] 29

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

Lisa Fauteux, Director of Public Works

Nashua Public Works Administration & Engineering
9 Riverside StreetNashua, NH 03062

Telephone Number: 603-589-3140

Email Address: FauteuxL@nashuanh.goy

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

AIA Document A133™ — 2009 (formerly A121 ™CMc - 2003). Copyright © 1994
The “American Inst tule of Architects,” “AIA,” the AIA Logo, and “AIA Contract Do:
This document was produced by AIA software at 11:15:33 ET on 05/04/2021 under Order
licensed for one-time use only, and may only be used in accordance with the AIA Contract

Copyright@aia.org.
User Notes:

nd Construction Manager
of the Work Plus a Fee with a

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.

. 2003 and 2009 by The American Institute of Architects. All rights reserved.
ts” are registered trademarks and may not be used without permission

No.4797552925 which expires on 09/23/2021, is not for resale, is

Documents® Terms of Service. To report Copyright violations, e-mail

The City of Nashua has brought together architects, performing arts center experts, community leaders, arts and
performance organizations, private performance oriented businesses, elected officials, and the broader
community to the conversation. The City and its consultants have produced a report and plan that indicate that
the 201 Main Street Building (formerly Alec’s Shoes) would be the best site, and that an audience size of 500-700

is the right fit for the region.

At this time, the City is working through the process of approvai for a bond measure for this project. The total
amount of the bond is $15.5 million. This bond will support both purchasing the building, and the construction
and fit up for this modern venue. In addition, project organizers will also have to raise $4 million from private
donations to make the project possible and most importantly - truly feasible. These private funds will ensure an

endowment that will produce substantial revenue, and offset the cost of ongoing operations of the project.

We, the undersigned, petition the Nashua, NH Board of Aldermen to unanimously vote yes on the passage of
legislation relative to bonding the proposed Performing Arts Center at a meeting of the full Board of Aldermen

at 7 pm on Tuesday, September 12th.

Name: Sheila Akerman

Home address: 12.0 Coliseo One Ape Hl) Ward Number. |
NaSnwa, NH 04065

RSA 456-B:1, III, 8:2, Il

State of NewjH hire
County of balleh x Ov) In
Signed and Sworn to (or affirmed) before me on the A day of ap , ol| I t by
a
Sh oh. dn Che vec eswre sf persons making statement).

(signature of notarial officer)

(Seal, if any)

Justice of the Peace, State of New Hampshire
Or
Notary Public, State of New Hampshire

My commission expires

Init.

William E. Stevens
10 Harvey Road
Bedford, NH 03110

email Address: wstevens@hccnh.com

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

Janet Slemenda

24 Roland Street, Suite 301 Charlestown, MA 02129
Telephone Number: 617-776-6545

Email Address: JSLEMENDA@bktarchitects.com

The Owner and Construction Manager agree as follows.

AIA Document A133” ~ 2009 (formerly A121™CMc - 2003). Copyright © 1991, 2003 and 2009 by The American lastitute of Architects. All rights reserved,
The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.
This document was produced by AIA software at 11:15:33 ET on 05/04/2021 under Order No.4797552925 which expires on 09/23/2021, is not for resale, is
licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail

copyright@aia org.
User Notes:

tnit.

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

EXHIBIT A 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 Constniction 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; to 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, ALA 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.

AlA Document A133” — 2009 (formerly A121™CMc - 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
The “American Institute of Architects,” “AIA,” the AlA Logo, and “AIA Contract Documents” are registered trademarks and may nol be used without permission
This document was produced by AIA software at 11:15:33 ET on 05/04/2021 under Order No.4797552925 which expires on 09/23/2021, is not for resale, is
licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail
copyright@aia.org.

User Notes: (3B9ADA4E)

Init.

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 shall 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.

§ 2.1.4 Phased 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, the 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

AIA Document A133” — 2009 (formerly A121™CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents’ are registered trademarks and may not be used without permission
This document was produced by AIA software at 11:15:33 ET on 05/04/2021 under Order No.4797552925 which expires on 09/23/2021, is not for resale, is
licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail
copyright@aia.org.

User Notes: (3B9ADA4E)

Init.

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 Ata 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:

AA 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 A statement 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;

A 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.

AIA Document A133” ~ 2009 (formerly A121"™CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are reg stered trademarks and may not be used without permission.
This document was produced by AIA software at 11:15:33 ET on 05/04/2021 under Order No.4797552925 which expires on 09/23/2021, is not for resale, is
licensed for one-time use only, and may only be used in accordance with the AIA Contsact Documents? Terms of Service. To report copyright violations, e-mail
copyright@aia.org.

User Notes: (3B9ADA4E)

Init.

§ 2.2.6 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price
proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum
Price proposal shall be deemed effective without further acceptance from the Construction Manager. Following
acceptance of a Guaranteed Maximum Price, the Owner and Construction Manager shall execute the Guaranteed
Maximum Price Amendment amending this Agreement, a copy of which the Owner shall provide to the Architect.
The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the
information and assumptions upon which it is based.

§ 2.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to
the commencement of the Construction Phase, unless the Owner provides prior written authorization for such costs.

§ 2.2.8 The Owner shall authorize the Architect to provide the revisions to the Drawings and Specifications to
incorporate the agreed upon assumptions and clarifications contained in the Guaranteed Maximum Price
Amendment. The Owner shall promptly furnish those revised Drawings and Specifications to the Construction
Manager as they are revised. The Construction Manager shall notify the Owner and Architect of any inconsistencies
between the Guaranteed Maximum Price Amendment and the revised Drawings and Specifications.

§ 2.2.9 The Construction Manager shall include in the Guaranteed Maximum Price all sales, consumer, use and
similar taxes for the Work provided by the Construction Manager that are legally enacted, whether or not yet
effective, at the time the Guaranteed Maximum Price Amendment is executed.

§ 2.3 Construction Phase

§ 2.3.1 General

§ 2.3.1.1 For purposes of Section 8.1.2 of A201-2007, the date of commencement of the Work shall mean the date of
commencement of the Construction Phase.

§ 2.3.1.2 The Construction Phase shall commence upon the Owner's acceptance of the Construction Manager’s
Guaranteed Maximum Price proposal or the Owner’s issuance of a Notice to Proceed, whichever occurs earlier.

§ 2.3.2 Administration

§ 2.3.2.4 Those portions of the Work that the Construction Manager does not customarily perform with the
Construction Manager’s own personnel shall be performed under subcontracts or by other appropriate agreements
with the Construction Manager. The Owner may designate specific persons from whom, or entities from which, the
Construction Manager shall obtain bids. The Construction Manager shall obtain bids from Subcontractors and from
suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Architect.
The Owner shall then determine, with the advice of the Construction Manager and the Architect, which bids will be
accepted. The Construction Manager shall not be required to contract with anyone to whom the Construction
Manager has reasonable objection.

§ 2.3.2.2 If the Guaranteed Maximum Price has been established and when a specific bidder (1) is recommended to
the Owner by the Construction Manager, (2) is qualified to perform that portion of the Work, and (3) has submitted
a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the
Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be
issued to adjust the Contract Time and the Guaranteed Maximum Price by the difference between the bid of the
person or entity recommended to the Owner by the Construction Manager and the amount and time requirement of
the subcontract or other agreement actually signed with the person or entity designated by the Owner.

§ 2.3.2.3 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement,
and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. If the Subcontract is
awarded on a cost plus a fee basis, the Construction Manager shall provide in the Subcontract for the Owner to
receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction
Manager in Section 6.11 below.

§ 2.3.2.4 If the Construction Manager recommends a specific bidder that may be considered a “related party”
according to Section 6.10, then the Construction Manager shall promptly notify the Owner in writing of such
relationship and notify the Owner of the specific nature of the contemplated transaction, according to Section 6.10.2.

AIA Document A133” — 2009 (formerly A121™CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved
The “American Institute of Architects,” “AIA.” the AIA Logo, and “AIA Contract Documents” are reg stered trademarks and may not be used without permission
This document was produced by AIA software at 11:15:33 ET on 05/04/2021 under Order No.4797552925 which expires on 09/23/2021, is not for resale, is
licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail
copyright@aia.org.

User Notes: (3B9ADA4E)