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TABLE OF ARTICLES

1 INITIAL INFORMATION

2 ARCHITECT’S RESPONSIBILITIES

3 SCOPE OF ARCHITECT'S BASIC SERVICES |

4 ADDITIONAL SERVICES .

5 OWNER’S RESPONSIBILITIES Td
6 COST OF THE WORK

7 COPYRIGHTS AND LICENSES en

8 CLAIMS AND DISPUTES ]

9 TERMINATION OR SUSPENSION

19 MISCELLANEOUS PROVISIONS | |

11 COMPENSATION tis

12 SPECIAL TERMS AND CONDITIONS

ae a
13 SCOPE OF THE AGREEMENT et a
en wes
ARTICLE 4 INITIAL INFORMATION a eee
§ 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. ae
(Note the disposition Jor the following items by inserting the requested information or a stdbement sicTras. no
applicable,” “unknown at time of execution,” or “to be determined later by mutual agreement. ”) me
. ae a
§ 4.1.4 The Owner’s program for the Project: a |
(Identify documentation or state the manner in which the program will be developed.) “
a
en

(Identify or describe, if appropriate, Size, location, dimensions, or other pertinent information,|such as ecbieqhnical
reports, site, boundary and topographic surveys; traffic and utility studies; availability of publi iviute utilities

. . fof “NN
§ 1.1.3 The Owner’s budget for the Cost of the Work, as defined in Section 6.1: f £ \ \
(Provide total and, if known, a line item breakdown.) i {
| -"ll Deleted:

§ 1.1.4 The Owner’s anticipated design and construction schedule: reer

1 _ Design phase milestone dates, if any: ne re teen
ALIA Document B133™ - 2014. Copyright © 2014 by The American Institute of Architects. All rights reserved. WARNING: Thin AtA® pocument is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA” Dooumant, or any 2

portion of it, may result in severe civil and oriminal penaltiex, and will be prosecuted to the maximm extent possible undar the law.
This draft was produced by AIA software at 12:43:58 on 07/15/2016 under Order No.1575871642_1 which expires on 02/08/2017, and is not for
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User Notes: (1146770772)

Deleted:
3
A
| Deleted:
Co
§ 1.1.5 The Owner intends to retain a Construction Manager pursuant to the following agreenient:
(Indicate agreement type.) mn

i
AIA Document A133-2009, Standard Form of Agreement Between Owner ahd Constrictidn

Manager as Constructor where the basis of payment is the Cost of the Wdrk Bus a Fee “ a

Guaranteed Maximum Price.

] AIA Document A134-2009, Standard Form of Agreement Between Owner and Con Staci . i
Manager as Constructor where the basis of payment is the Cost of the W« ce Plusa Feo uidiouta
Guaranteed Maximum Price, ee

41

§ 1.1.6 The Owner’s requirements for accelerated or fast-track scheduling or phased construction are set forth below: coe
(List number and type of bid/procurement packages.) ae oe 3

—_ |

§ 1.1.7 Other Project information: a |
(Identify special characteristics or needs of the Project not provided elsewhere, such as the Owner'sSustginable ae
objective, if any, or historic preservation requirements.) ae eee :

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

§ 1.1.9 The persons or entities, in addition to the Owner’s representative, who are required to Se
submittals to the Owner are as follows: a

(List name, address and other information.) f a

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

chaeisvabssansbvivicesticconsbieieaO™

:
|

|
:

-1 Construction Manager:

AIA Document B133™ - 2014, Copyright © 2014 by The American Institute of Architects. All rights reserved. WARNING: This ATA Document is
protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this ATA® Document, ox any

portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law: 3
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User Notes: (1146770772)

(The Construction Manager is identified on the cover page. If a Construction Manager has not been
retained as of the date of this Agreement, state the anticipated date of retention. If the Architect is to
assist the Owner in selecting the Construction Manager, complete Section 4, 1.1)

2 Cost Consultant (if in addition to the Construction Manager):
(if a Cost Consultant is retained, appropriate references to the Cost Consullant should be inserted in
Sections 3.3.6, 3.3.7, 3.4.2, 3.4.3, 3.5.4, 3.5.5, 5.4, 6.3, 63.1, 64 and 11.6)

Deleted: Civil Engineer

ernment,

= V7

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

dS

§ 1.1.44 The Architect identifies the following representative in accordance with Section 2.2
(List name, address and other information.)

Deleted:

§ 4.4.42 The Architect will retain the consultants identified in Sections 1.1.12.1 and 1.1.12. i: Barnet commen |
(List name, legal status, address and other information.) Le

AIA Document B133™ - 2014. Copyright © 2014 by Phe American Institute of Architects. All rights reserved. WARNING: This AIA” Documant is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ATA" Documant, or any

portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maxim extent possible under the law. 4
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16. NONDISCRIMINATION If applicable or required under any federal or state law, statute,

17.

18.

regulation, order, or other requirement, DesignLAB agrees to the following terms.
DesignLAB will not discriminate against any employee or applicant for employment
because of physical or mental handicap in regard to any position for which the employee
or applicant for employment is qualified. DesignLAB agrees to take affirmative action to
employ, advance in employment, or to otherwise treat qualified, handicapped individuals
without discrimination based upon physical or mental handicap in all employment
practices, including but not limited to the following: employment, upgrading, demotion,
transfer, recruitment, advertising, layoff, termination, rates of pay, or other forms of
compensation and selection for training, including apprenticeship.

Without limitation of the foregoing, DesignLAB's attention is directed to “Title
41“Public Contracts and Property Management” C.F.R. Subtitle B “Other Provisions
Relating to Public Contracts” Section 60 “Office of Federal Contract Compliance
Programs, Equal Employment, Department of Labor” which, by this reference, is
incorporated in this contract.

DesignLAB agrees to assist disadvantaged business enterprises in obtaining business
opportunities by identifying and encouraging disadvantaged suppliers, consultants, and sub
consultants to participate to the extent possible, consistent with their qualification, quality
of work, and obligation of DesignLAB under this contract.

In connection with the performance of work under this contract, DesignLAB agrees not to
discriminate against any employee or applicant for employment because of race, creed,
color, national origin, sex, age, or sexual orientation. This agreement includes, but is not
limited to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation,
and selection for training, including apprenticeship.

DesignLAB agrees, if applicable, to insert these provisions in all subcontracts, except for
subcontracts for standard commercial supplies or raw materials. Any violation of any
applicable provision by DesignLAB shall constitute a material breach of the contract.

ENDORSEMENT DesignLAB shall seal and/or stamp and sign professional documents
including drawings, plans, maps, reports, specifications, and other instruments of service
prepared by DesignLAB or under its direction as required under the laws of the State of
New Hampshire.

ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING DesignLAB shall not
assign, transfer, delegate, or subcontract any rights, obligations, or duties under this
contract without the prior written consent of the City of Nashua. Any such assignment,
transfer, delegation, or subcontracting without the prior written consent of the City of
Nashua is void. Any consent of the City of Nashua to any assignment, transfer, delegation,
or subcontracting shall only apply to the incidents expressed and provided for in the written
consent and shall not be deemed to be a consent to any subsequent assignment, transfer,
delegation, or subcontracting. Any such assignment, transfer, delegation, or subcontract
shall require compliance with or shall incorporate all terms and conditions set forth in this
agreement, including all incorporated Exhibits and

GC 9 of 13

§ 1.1.12.1 Consultants retained under Basic Services:

-1 Structural Engineer:

. i

3 Electrical Engineer:

§ 1.1.12.2 Consultants retained under Additional Services: ca on

§ 1.1.13 Other Initial Information on which the Agreement is based: —— ~

§ 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such :

information may materially change and, in that event, the Owner and the Architect shall appropniately-adyust the a A\

schedule, the Architect’s services and the Architect’s compensation. f os e
i “ \ a Se

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

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§ 2.2 The Architect shall perform its services consistent with the professional skill and care/ordinarily pro ‘ided by
architects practicing in the same or similar locality under the same or similar circumstance: ie Architec shall
perform its services as expeditiously as is consistent with such professional skill and care afd the orderly orderly progress eS8 Of |
the Project. reenactment

§ 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager-as-—---
described in the agreement identified in Section 1.1.5. The Architect shall not be responsible fordétions taken byt the ,
Construction Manager. fy on

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

wraboomecetia

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

AIA Document Bi33™ - 2014. Copyright © 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA’ Document, or any
portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
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user Notes: (1146770772)

§ 2.6 Insurance, The Architect shall maintain the following insurance for the duration of this Agreement. If any of

the requirements set forth below exceed the types and limits the Architect normally maintai
reimburse the Architect for any additional cost as set forth in Section 11.8.3.

with polic limits of not less than &

§ 2.6.1 Commercial General Liabili not le
Worl pe GOUOU) i

for each occurrence and
damage.

required automobile cover age.

§ 2.6.3 The Architect may achieve the required limits and coverage for Commercial Genera|
Automobile Liability through a combination of primary and excess liability insurance, prov

ns, the Owner shall

excess insurance policies result in the same or greater coverage as those required under Seatiotis 2.6.1 and 2.6.2.

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

§ 2.6.7 The Architect shall provide to the Owner certificates of insurance evidencing compllanc city the

requirements in this Section 2.6. The certificates will show the Owner as additional insureds-on. the Cofnmerci reid

General Liability, Automobile Liability, and any excess policies.

ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES

§ 3.4 The Architect’s Basic Services consist of those described in Article 3 and include usual and customary
structural, mechanical, and electrical engineering services. Services not set forth in this Article 3.are-Additional

Services.

§ 3.1.1 The Architect shall manage the Architect’s services, consult with the Owner and the[Co struction Moa he
research applicable design criteria, attend Project meetings, communicate with members of}the} Project te a

report progress to the Owner.

§ 3.1.2 The Architect shall coordinate its services with those services provided by the Own
Manager, and the Owner’s consultants. The Architect shall be entitled to rely on the accur
services and information furnished by the Owner, the Construction Manager, and the Own

Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or

inconsistency in such services or information.

§ 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit to

Construction Manager a schedule of the Architect’s services for inclusion in the Project schédule’prepared by the

Construction Manager. The schedule of the Architect’s services shall include design Timeles ates, anticipated

dates when cost estimates or design reviews may occur, and allowances for periods of timejreqnired (1) for the
Owner’s review, (2) for the Construction Manager’s review, (3) for the performance of the/Construction Manager’s

Preconstruction Phase services, (4) for the performance of the Owner’s consultants, and (5
submissions by authorities having jurisdiction over.the Project.

ATA Document B133™ - 2014. Copyright © 2014 by The American Institute of Architects. All xights reserved. WARNING: This AIA” Document is

eee { Deleted: |
y injury and property _ of Deleted: 7
cles used by
ain and f& MEUIOD __.----| Deleted: |
iy any : :
See eee 1 Deleted: }
Lidbility and
1d&d such primary and
1 ewes
not less than KIGHE
web cee -~{ Deleted: }
f profess i
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{ Deleted: }
lapply 10 bothorigoing_— —
— —] r
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een, a
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ey and completeness of |
“consultants "Phe rn
a“ on a
ae
fe tet
th Ownef and the ~~ : \
forjapproval of | .
of this ATA” Dacument, or any 6

protected by 0.8, Copyright Law and International Treaties. Unauthorized reproduction ox distribution

portion of it, may rasult in severe civil and criminal penalties, and will be prosacuted to the maximun extent possible under the law.
This draft was produced by ATA software at 12:43:58 on 07/15/2016 under Order No.1575871642_1 which expires on 02/08/2017,

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User Notes:

and is not for

(1146770772)

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

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

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

pnemenntmcusaenienotranntentwccenmatntcems steal
§ 3.4.7 The Architect shall, at appropriate times, in coordination with the Construction M. contact the

governmental authorities required to approve the Construction Documents and the entities providing utility services

to the Project. In designing the Project, the Architect shall respond to applicable design “ee ements imposed by

such governmental authorities and by such entities providing utility services.

§ 3.1.8 The Architect shall assist the Owner and Construction Manager in connection with the Qwner’s re§poijsibility
for filing documents required for the approval of governmental authorities having jurisdiction dver the Project.

§ 3.2.4 Prior to the Owner’s acceptance of the Guaranteed Maximum Price proposal or Control Pa
applicable, the Architect shall consider the Construction Manager’s requests for substitutions ai op
request of the Construction Manager, provide clarification or interpretations pertaining to the Drawings 4
Specifications, and other documents submitted by the Architect. The Architect and Construction Manager shall
include the Owner on all communications related to substitution requests, clarifications, and interpretations. ont
aon"
§ 3.2.2 During one of the design phases, the Owner will receive a Guaranteed Maximum Price proposal or 6ntrol Pe
Estimate, as appropriate, from the Construction Manager. The Architect shall assist the Owner i owing. |
|
hy

§ 3.2 Evaluation of the Construction Manager’s Guaranteed Maximum Price Proposal or Control Eftimate
Estimate. i
" tte

|g

—

Construction Manager’s proposal or estimate. The Architect’s review is not for the purpos ot discoye errors,
omissions, or inconsistencies; for the assumption of any responsibility for the Construction anitiger’ s “retin
means, methods, sequences, techniques, or procedures; or for the verification of any estimat es-af cost d orestimated
cost proposals. In the event that the Architect discovers any inconsistencies or inaccuracies in the inbrmation
presented, the Architect shall promptly notify the Owner and Construction Manager.

}
§ 3.2.3 Upon authorization by the Owner, and subject to Section 4.3.1.15, the Architect shall update the Drawings, S
Specifications, and other documents to incorporate the agreed upon assumptions and clarificatio roomates in the “ :

Guaranteed Maximum Price Amendment or Control Estimate. VV
§ 3.3 Schematic Design Phase Services a

§ 3.3.1 The Architect shall review the program and other information furnished by the Ownér ahd Construbtio A
(
i

Manager, and shall review laws, codes, and regulations applicable to the Architect’s servicés. + i
i §
§ 3.3.2 The Architect shall prepare a preliminary evaluation of the Owner’s program, schedule, budget forithe t POSt
of the Work, Project site, and other Initial Information, each in terms of the other, to ascertain the requirements of |
the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the-information;and-(Q———
other information or consulting services that may be reasonably needed for the Project.
At TET IT tag
§ 3.3.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall o™
discuss with the Owner and Construction Manager alternative approaches to design and constfucti tiger ot the Projeti. ON .
including the feasibility of incorporating sustainable design approaches, and consideration af the“implementation of “\ m4
the Owner’s sustainable objective, ifany. The Architect shall reach an understanding with the Gwner regarding the
requirements of the Project. -
J
call

eines

§ 3.3.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present to the
Owner and Construction Manager, for the Owner’s approval, a preliminary design illustrating thé Stale and
relationship of the Project components. nen

fancsettanenriie

AIA Document B133™ - 2014. Copyright © 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA’ Document is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ATA® Document, or any
portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.’
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User Notes: (1146770772)

§ 3.3.5 Based on the Owner’s approval of the preliminary design, the Architect shall prepare Schematic Design
Documents for the Owner’s approval and the Construction Manager’s review. The Schematic Design Documents
shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans,
sections and elevations; and may include some combination of study models, perspective sketches, or digital
modeling. Preliminary selections of major building systems and construction materials shall be noted on the
drawings or described in writing. 7

§ 3.3.5.1 The Architect shall consider sustainable design alternatives, such as material choices ad building

orientation, together with other considerations based on program and aesthetics, implications of sustainable code
requirements enacted in the relevant jurisdiction, if any, in developing a design that is consistent with the ¢ Owner's]
program, schedule and budget for the Cost of the Work. The Owner may obtain other sustalnable-design-services [
under Article 4.

§ 3.3.5.2 The Architect shall consider with the Owner and the Construction Manager the value of alternative
materials, building systems and equipment, together with other considerations based on progiim and aesthetics in
developing a design for the Project that is consistent with the Owner’s schedule and budgetforjthe Cost of the Work.

_ § 3.3.6 The Architect shall submit the Schematic Design Documents to the Owner and the Gonstruction Manager.
- The Architect shall meet with the Construction Manager to review the Schematic Design Documents.

§ 3.3.7 Upon receipt of the Construction Manager’s review comments and cost estimate at the conclusion of the
Schematic Design Phase, the Architect shall take action as required under Section 6.4, identify hereed’- upon “roman
adjustments to the Project’s size, quality, or budget, and request the Owner’s approval of the Schematic Design |
Documents. If revisions to the Schematic Design Documents are required to comply with the Owner’s budget for the

Cost of the Work at the conclusion of the Schematic Design Phase, the Architect shall incorporate the required aT
revisions in the Design Development Phase. —-

a
a" +
§ 3.3.8 In the further development of the Drawings and Specifications during this.and subsequent, phases oe

the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Worky‘which-are'to be} |
provided by the Construction Manager under the Construction Manager’s agreement with the Owner,
ee oe

§ 3.4 Design Development Phase Services oo

§ 3.4.1 Based on the Owner’s approval of the Schematic Design Documents, and on the Owner’s authorization.of
any adjustments in the Project requirements and the budget for the Cost of the Work pursuant to Section 5.4, the “~~.
Architect shall prepare Design Development Documents for the Owner’s approval and Construction Manager’s ™
review. The Design Development Documents shall be based upon information provided, and estimates.prepared by,
the Construction Manager and shall illustrate and describe the development of the approved Schematic Désjgn ae ’
Documents and shall consist of drawings and other documents including plans, sections, elg ations, typical “ a "
construction details, and diagrammatic layouts of building systems to fix and describe the size and charadter th a
Project as to architectural, structural, mechanical and electrical systems, and such other elements as may be

appropriate. The Design Development Documents shall also include outline specifications thatfidentify me yor

materials and systems and establish in general their quality levels. i

on
iy,

So

NG

es
§ 3.4.2 Prior to the conclusion of the Design Development Phase, the Architect shall submitthe Design Development |
Documents to the Owner and the Construction Manager. The Architect shal! meet with the Construction: Managerto--~
review the Design Development Documents.

ppt LA tang,

§ 3.4.3 Upon receipt of the Construction Manager’s information and estimate at the conclusion of the Design ae
Development Phase, the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner’o~, sy
approval of the Design Development Documents. { *%,

oe

‘
\

§ 3.5 Construction Documents Phase Services ii

§ 3.5.1 Based on the Owner’s approval of the Design Development Documents, and on the Dwdger’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.and.the Construction Manager’s review! The Constriction ~~
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 of materials and systems

AIA Document B133% - 2014. Copyright © 2014 by The American Institute of Architects, All rights reserved. WARNING: Thia AIA* Document is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distxibution of this AIA’ Decument, or any
portion of it, may reault in severe civil and criminal penalties, and will be proseauted to the maximum extent possible under the law.
This draft was produced by AIA software at 12:43:58 on 07/15/2016 under Order No.1575871642_1 which expires on 02/08/2017, and is not for
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User Notes: (1146770772)

and other requirements for the construction of the Work. The Owner and Architect acknowledge that in order to
construct the Work the Construction Manager will provide additional information, including Shop Drawings,

Product Data, Samples and other similar submittals, which the Architect shall review in acc
3.6.4.

§ 3.5.2 The Architect shall incorporate into the Construction Documents the design requirenrents

authorities having jurisdiction over the Project.

§ 3.5.3 During the development of the Construction Documents, if requested by the Owner,
the Owner and Construction Manager in the development and preparation of (1) the Condit

ordance with Section
of governmental

the ‘Architect shall assist
ions of the Contract for" “I

ncludes-the-Conditions

Construction (General, Supplementary and other Conditions) and (2) a project manual that
of the Contract for Construction and Specifications and may include sample forms.

§ 3.5.4 Prior to the conclusion of the Construction Documents Phase, the Architect shall sul
Documents to the Owner and the Construction Manager. The Architect shall meet with the
review the Construction Documents.

§ 3.5.5 Upon receipt of the Construction Manager’s information and estimate at the conclus
Documents Phase, the Architect shall take action as required under Section 6.7 and obtain ¢
the Construction Documents.

§ 3.6 Construction Phase Services

100.

mitithe Construction
COlistruction Manager to

f the Conkteubton

he Qwner’s appro val of

§ 3.6.1 General
§ 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and

Manager as set forth below and in AIA Document A201™-2007, General Conditions of the Contract for

Construction. If the Owner and Construction Manager modify AIA Document A201—2007,

not affect the Architect’s services under this Agreement unless the Owner and the Architect amend this

x Stes conicnd

§ 3.6.1.2 Subject to Section 4.3, the Architect’s responsibility to provide Construction Phas
upon the Owner’s acceptance of the Construction Manager’s Guaranteed Maximum Price

the Construction

those modifications shat
ement, en

opomall, the Owner |

approval of the Construction Manager’s Control Estimate, or the Owner’s issuance of a No’ ive.to Prodéed.tg

Construction Manager. Subject to Section 4.3, the Architect’s responsibility to provide Constructor Phage Seivieds_

terminates on the date the Architect issues the final Certificate for Payment.

§ 3.6.1.3 The Architect shall advise and consult with the Owner and Construction Manager during the Construction
Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extept-prexided in this
Agreement. The Architect shall not have control over, charge of, or responsibility for the construction meas,

methods, techniques, sequences or procedures, or for safety precautions and programs in co

nor shall the Architect be responsible for the Construction Manager’s failure to perform th ! Work in acco}
with the requirements of the Contract Documents. The Architect shall be responsible for the At
acts or omissions, but shall not bave control over or charge of, and shall not be responsible 4
the Construction Manager or of any other persons or entities performing portions of the Wark.

i

§ 3.6.2 Evaluations of the Work
§ 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of constructio
required in Section 4.3.3, to become generally familiar with the progress and quality of the

inectiOn With th

chitect’s ne
acts or om

ecligefit
ssigns of

|

or,

|

portion of the Work

completed, and to determine, in general, if the Work observed is being performed in a manner indicgting-that-the_

Work, when fully completed, will be in accordance with the Contract Documents. However, the-Architect shall not we
be required to make exhaustive or continuous on-site inspections to check the quality or qua tty of thé Work.
progr

the basis of the site visits, the Architect shall keep the Owner reasonably informed about the

the portion of the Work completed, and report to the Owner (1) known deviations from the
from the most recent construction schedule, and (2) defects and deficiencies observed in th

§ 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contra
the Architect considers it necessary or advisable, the Architect shall have the authority to ré

i

n™,, sy j
gress and quality of \
Contract Documents and
Work. i
+ Dhouments Whenever |
quiré mspéction or
br-tOL SUC AM Ot iS mmenennnereciel

testing of the Work in accordance with the provisions of the Contract Documents, whether

fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith

AIA Document B133™ - 2014. Copyright © 2014 by The American Institute of Architects. All vights reserved. WARNING: This AIA™ Document "i8

protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution

of this AIA® Document, or any

portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.”

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(1146770772)

either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the
Construction Manager, Subcontractors, material and equipment 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 Construction Manager. The Architect’s response to
such requests shall be made in writing within any time limits agreed upon or otherwise with redsonable 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 "7
and decisions, the Architect shall endeavor to secure faithful performance by both Owner ahd Gonstructiqn——--—-.mea-nnnen
Manager, shall not show partiality to either, and shall not be liable for results of interpretattonsior decisions rendered

in good faith. The Architect’s decisions on matters relating to aesthetic effect shall be finalfif consistent with the

intent expressed in the Contract Documents.
§ 3.6.2.5 Unless the Owner and Construction Manager designate another person to serve as attthitial Decision
Maker, as that term is defined in AIA Document A201-2007, the Architect shall render initial decisions dn Claims
between the Owner and Construction Manager as provided in the Contract Documents.

§ 3.6.3.1 The Architect shall review and certify the amounts due the Construction Manager and Shall issu
certificates in such amounts. The Architect’s certification for payment shall constitute a representation tothe werner
based on the Architect’s evaluation of the Work as provided in Section 3.6.2 and on the data. comprising the anal
Construction Manager’s Application for Payment, that, to the best of the Architect’s knowledge, information and
belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the

: : a
Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance” .
with the Contract Documents upon Substantial Compietion, (2) to results of subsequent tests and inspections; (3) to
correction of minor deviations from the Contract Documents prior to completion, and (4) to specifietfalifications{
expressed by the Architect. ee

aa

§ 3.6.3 Certificates for Payment to Construction Manager |

he,

‘
§ 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the arcbitei (Tymade
exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) revieWed.constrictio’
means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Me 2

Subcontractors and material suppliers and other data requested by the Owner to substantiate the Construction “
Manager’s right to payment, or (4) ascertained how or for what purpose the Construction Manager has used money
previously paid on account of the Contract Sum. ae
f \ OA

§ 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. > V a
§ 3.6.4 Submittals ; ( \ hon

§ 3.6.4.1 The Architect shall review the Construction Manager’s submittal schedule and shal not unreasonably delay

or withhold approval. The Architect’s action in reviewing submittals shall be taken in accoydarice with thd approved
submittal schedule or, in the absence of an approved submittal schedule, with reasonable pfompiness_ whill allowing
sufficient time in the Architect’s professional judgment to permit adequate review.

§ 3.6.4.2 In accordance with the Architect-approved submittal schedule, the Architect shall review and approve or

take other appropriate action upon the Construction Manager’s submittals such as Shop Drawings, Product-Data-and
Samples, but only for the limited purpose of checking for conformance with information given i te cesign

concept expressed in the Contract Documents. Review of such submittals is not for the purpose parma thes
accuracy and completeness of other information such as dimensions, quantities, and installafion 6r performance of
equipment or systems, which are the Construction Manager’s responsibility. The Architect's review shall not

constitute approval of safety precautions or, unless otherwise specifically stated by the Archite¢t, of any construction
means, methods, techniques, sequences or procedures. The Architect’s approval of a specifjc item shall not indicate
approval of an assembly of which the item is a component. i

§ 3.6.4.3 If the Contract Documents specifically require the Construction Manager to provide-professional.design
services or certifications by a design professional related to systems, materials or equipment, the Architect shall

ALA Doctment B133™— 2014. Copyright @ 2014 by The American Institute of Architects. All rights xesexved. WARNING: This ALA’ Document is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction of distribution of this AIA” Document, or any

portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximun extent possible under the law. 10
This draft was produced by AIA software at 12:43:58 on 07/15/2016 under Order No.1575871642_1 which expires on 02/08/2017, and is not for
resale.

User Notes: (1146770772)