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(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)

Construction Manager’s Contract to be reviewed at the November 2016 Aldermanic Finance
Committee meeting.

2 Cost Consultant (if in addition to the Construction Manager):
(fa Cost Consultant is retained, appropriate references to the Cost Consultant 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, 6.4 and 11.6)

N/A

3 Land Surveyor:

Hayner Swanson Inc.
3 Congress Street
Nashua, NH 03062
1-603-883-2057

Paul Hayner PE

4 = Geotechnical Engineer:

Geotechnical Services Inc.
55 North Stark Highway
Weare, NH 03281
1-603-529-7766

Harry K. Wetherbee PE

5 Environmental Consultant:

Axiom Partners Inc.
545 Salem Street
Wakefield, MA 01880
1-603-498-5005
Randall Ames
Hazardous Building Materials Survey Report ~March 24, 2016

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

N/A

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

William K. Davis AIA
Port One Architects Inc.
959 Islington Street
Portsmouth, NH 03801
1-603-436-8891

§ 1.1.12 The Architect will retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2:
(List name, legal status, address and other information.)

AIA Document B133™ — 2014, Copyright © 2014 by The American Institute of Architects. AH rights reserved. WARNING: This AIA° Document is protected
by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in
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§ 1.1.12.1 Consultants retained under Basic Services:
4 Structural Engineer:

Summit Engineering Inc.
111 Maplewood Avenue
Portsmouth, NH 03801
1-603-319-1817

Bob Champagne PE

2. Mechanical Engineer:

Yeaton Associates Inc.
66 Jackson Hill Street
Littleton. NH 03561
1-603-444-6578
Wayne Fillion PE

3 Electrical Engineer:

Yeaton Associates Inc.
66 Jackson Hill Street
Littleton, NH 03561
1-603-444-6578
Wayne Fillion PE.

§ 1.1.12.2 Consultants retained under Additional Services:
N/A

§ 1.1.13 Other Initial Information on which the Agreement is based:
N/A

§ 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such
information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the
schedule, and may appropriately adjust the Architect’s services and the Architect’s compensation.

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

§ 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by
architects practicing in the same or similar region under the same or similar circumstances. The Architect shall
perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of
the Project. The Architect shall notify the Owner in a prompt and timely manner of any discovered discrepancies,
inconsistencies or missing information necessary to provide reasonably accurate and complete documents. Any
design, drawings or specifications prepared or furnished by the Architect that contain errors, conflicts or omissions
will be promptly corrected by the Architect at no additional cost to the Owner. The Owner’s approval, acceptance,
use of or payment for all or any part of the Architect’s services shall in no way alter the Architect’s obligations or
the Owner’s rights hereunder.

§ 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 for actions taken by the
Construction Manager.

ALA Document 81337 — 2014. Copyright © 2014 by The American institute of Architects, All rights reserved. WARNING: This AIA® Document is protected
by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in
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§ 2.4 The Architect’s representative identified in Section 1.1.11 above shall be authorized to act on behalf of the
Architect with respect to the Project. The Architect shall not change the designated representative without the
Owner’s written consent, which such consent the Owner shall not unreasonably withhold.

§ 2.4.1 The Architect shail not change its Consultants identified in Section 1.1.12 above without the Owner’s written
consent, which such consent the Owner shall not unreasonably withhold.

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

§ 2.5 Insurance. The Architect shall maintain the following insurance for the duration of this Agreement.

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

§ 2.6.2 Automobile Liability covering vehicles owned by the Architect and non-owned vehicles used by the
Architect with policy limits of not less than One Million Dollars ($ 1,000,000 ) per claim and One Million
Dollars ($ 1,000,000 ) in the aggregate for bodily injury and property damage along with any other statutorily
required automobile coverage.

§ 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and
Automobile Liability through a combination of primary and excess liability insurance, provided such primary and
excess insurance policies result in the same or greater coverage as those required under Sections 2.6.1 and 2.6.2.

§ 2.6.4 Workers’ Compensation at statutory limits and Employers Liability with policy limits of not less than One
Millon Dollars ($ 1,000,000 ).

§ 2.6.5 Professional Liability covering negligent acts, errors and omissions in the performance of professional
services, with policy limits of not less than Two Million Dollars ($ 2,000,000 ) per claim and Two Million
Dollars ($ 2,000,000 ) in the aggregate.

§ 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
non-contributory to any of the Owner’s insurance policies. The additional insured coverage shall apply to both
ongoing operations and completed operations.

§ 2.6.7 The Architect shall provide to the Owner certificates of insurance evidencing compliance with the
requirements in this Section 2.6. The certificates will show the Owner as additional insureds on the Commercial
General Liability, Automobile Liability, and any excess policies.

§ 2.6.8 None of the insurance requirements as to the types and limits to be maintained by the Architect are intended
to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Architect under this
contract. The Owner shall not maintain any insurance on behalf of the Architect. Subcontractors of the Architect
are subject to the same insurance requirements as the Architect and it shall be the Architect’s responsibility to ensure
compliance of this requirement.

§ 2.7 Third Party Indemnification. Without limitation and notwithstanding any provisions in this Agreement, the
Architect shall indemnify and hold harmless the Indemnitees for and against claims, damages, losses and expenses
(including reasonable attorneys’ fees) asserted by a third party against the Indemnitee arising out of or resulting
from negligent acts or omissions of the Architect, a consultant, anyone directly employed by them, or anyone for
whose acts they may be liable. The Architect shall not be required to indemnify an Indemnitee to the extent
Indemnitee’s damages result from the Indemnitee’s own negligence. Such obligation shall not be construed to
negate, abridge, or reduce any other rights, including any obligations of indemnity, which would otherwise exist as
to a party or person described in this Section 2.7. As used in this paragraph, “Indemnitee" means the City of
Nashua, its officers, agents and employees.

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 Intemational Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in
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§ 2.8 Decision By The Architect

Any reference in the Contract Documents to the Architect taking action or rendering a decision within a "reasonable
time” or with "reasonable promptness” is understood to mean no more than fourteen (14) calendar days, unless
otherwise specified in the Contract Documents.

ARTICLE 3. SCOPE OF ARCHITECT'S BASIC SERVICES

§ 3.1 The Architect’s Basic Services consist of those described in Article 3 and those services identified elsewhere
in this Agreement as Basic Services. The Architect’s Basic Services include usual and customary structural,
mechanical, and electrical engineering services. Services not set forth in this Article 3 or identified elsewhere in
this Agreement as Basic Services are Additional Services.

§ 3.1.1 The Architect shall manage the Architect’s services, consult with the Owner and the Construction Manager,
research applicable design criteria, attend Project meetings, communicate with members of the Project team and
report progress to the Owner.

§ 3.1.2 The Architect shall coordinate its services with those services provided by the Owner, the Construction
Manager, and the Owner’s consultants. The Architect shall be entitled to rely on the accuracy and completeness of
services and information furnished by the Owner, the Construction Manager, and the Owner’s consultants. The
Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or
inconsistency in such services or information.

§ 3.1.3 As soon as practicable after the date of this Agreement, but no later than fifteen (15) calendar days after the
execution. of this Agreement, the Architect shall submit to the Owner and the Construction Manager a schedule of
the Architect’s services for inclusion in the Project schedule prepared by the Construction Manager. The schedule of
the Architect’s services shall include design milestone dates, anticipated dates when cost estimates or design reviews
may occur, and allowances for periods of time required (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) for approval of submissions by authorities having jurisdiction over
the Project.

§ 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 for the Owner’s acceptance
of non-conforming work, made without the Architect’s approval.

§ 3.1.7 The Architect shall, at appropriate times, in coordination with the Construction Manager, 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 requirements 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 Owner’s
responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the
Project.

§ 3.1.9 The Architect’s Basic Services include the following:

§ 3.1.9.1 Consistent with Section 5.6 the Architect shall review and evaluate the information provided by the Owner
and advise the Owner of any additional information required by the Architect for completion of the Project.

AIA Document B1337™ — 2014. Copyright © 2014 by The American Institute of Architects. AN rights reserved. WARNING: This AIA® Document is protected
by U.S. Copyright Law and Intemational 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. This document was produced by AIA software
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§ 3.1.9.3 The Architect shall provide the Owner with Record Plans, as required in Section 3.6.6.6 showing any
significant changes in the work made during construction based on information and data furnished by the
Construction Manager to the Architect.

§ 3.1.9.4 The Architect shall prepare, on behalf of the Owner, applications and supporting documentation for all
design-related and land-use permits, variances and approvals required by state and local governmental authorities
having jurisdiction over this Project. The Architect shall revise applications and supporting documentation as
required to resolve comments received from such governmental authorities, provided however that: (1) The
Architect’s appearance as an expert, as well as the preparation of special drawings, visual aids and other materials
and design work prepared solely for an appearance before local zoning boards or planning commissions shall be
considered an Additional Service; and, (2) Specialized permits, such as, but not limited to, permits required by
Federal agencies are not within the scope of Basic Services.

§ 3.1.9.5 The Architect shall prepare and distribute conference memoranda, documentation of site visits and
inspection reports as required by the Owner to maintain a comprehensive record of the Project.

§ 3.2 Evaluation of the Construction Manager's Guaranteed Maximum Price Proposal or Control Estimate
§ 3.2.1 Prior to the Owner’s acceptance of the Guaranteed Maximum Price proposal or Control Estimate, as
applicable, the Architect shall consider the Construction Manager’s requests for substitutions and, upon written
request of the Construction Manager, provide clarification or interpretations pertaining to the Drawings,
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.

§ 3.2.2 During one of the design phases, the Owner will receive a Guaranteed Maximum Price proposal or Control
Estimate, as appropriate, from the Construction Manager. The Architect shall assist the Owner in reviewing the
Construction Manager’s proposal or estimate. The Architect’s review is not for the purpose of discovering errors,
omissions, or inconsistencies; for the assumption of any responsibility for the Construction Manager’s proposed
means, methods, sequences, techniques, or procedures; or for the verification of any estimates of cost or estimated
cost proposals. In the event that the Architect discovers any inconsistencies or inaccuracies in the information
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,
Specifications, and other documents to incorporate the agreed upon assumptions and clarifications contained in the
Guaranteed Maximum Price Amendment or Control Estimate.

§ 3.2.4 If the Guaranteed Maximum Price exceeds the Owner’s budget for the Cost of the Work, the Architect and
Construction Manager, without additional charge to the Owner, shall endeavor to reduce the price of the Cost of the
Work to an amount within the Owner’s budget. Failure to reduce the Guaranteed Maximum Price to within the
Owner's budget may result in the cancellation of the Construction Manager process.

§ 3.3 Schematic Design Phase Services
§ 3.3.1 The Architect shall review the program and other information furnished by the Owner and Construction
Manager, and shail review laws, codes, and regulations applicable to the Architect’s services.

§ 3.3.2 The Architect shall prepare a preliminary evaluation of the Owner’s program, schedule, budget for the Cost
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 (2)
other information or consulting services that may be reasonably needed for the Project.

§ 3.3.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall
discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project,
including the feasibility of incorporating sustainable design approaches, and consideration of the implementation of
the Owner’s sustainable objective, if any. The Architect shall reach an understanding with the Owner regarding the
requirements of the Project.

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 Intemational 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. This document was produced by AIA software
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§ 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 the scale and
relationship of the Project components.

§ 3.3.5 Based on the Owner’s approval of the preliminary design, the Architect shall prepare Schematic Design
Decuments 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.

§ 3.3.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building
orientation, together with other considerations based on program and aesthetics, 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 sustainable 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 program and aesthetics in
developing a design for the Project that is consistent with the Owner’s schedule and budget for the Cost of the Work.

§ 3.3.6 The Architect shall submit the Schematic Design Documents to the Owner for the Owner’s review and
approval. The Architect and the Architect’s consultants shall arrange for and participate in a review of the
Schematic Documents with the Owner. The Architect shall submit the Schematic Design Documents to the
Construction Manager. The Architect and the Architect’s consultants shall arrange for and participate in a review
of the Schematic Documents with the Construction Manager. The Architect, the Architect’s consultants and the
Construction Manager shall arrange for and participate in a review of the Schematic Documents prior to the
Construction Manager performing a cost estimate of the Work.

§ 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 agreed upon
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
revisions in the Design Development Phase.

§ 3.3.8 In the further development of the Drawings and Specifications during this and subsequent phases of design,
the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work, which are to be
provided by the Construction Manager under the Construction Manager’s agreement with the Owner.

§ 3.4 Design Development Phase Services

§ 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 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 electrical systems, and such other elements as may be
appropriate. The Design Development Documents shall also include outline specifications that identify major
materials and systems and establish in general their quality levels.

§ 3.4.2 Prior to the conclusion of the Design Development Phase, the Architect shall submit the Design
Development Documents to the Construction Manager for the development of a cost estimate and review. The
Architect and Architect’s consultants shall meet with the Construction Manager to review the Design Development
Documents prior to the Construction Manager performing a cost estimate of the Work.

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 Intemational Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in
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§ 3.4.3 Upon receipt of the Construction Manager’s information and estimate at the conclusion of the Design
Development Phase, the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner’s
approval of the Design Development Documents.

§ 3.5 Construction Documents Phase Services

§ 3.5.1 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 and the Construction Manager’s review. 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 of materials and systems
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 accordance with Section
3.64.

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

§ 3.5.3 During the development of the Construction Documents, if requested by the Owner, the Architect shall assist
the Owner and Construction Manager in the development and preparation of (1) the Conditions of the Contract for
Construction (General, Supplementary and other Conditions) and (2) a project manual that includes the Conditions
of the Contract for Construction and Specifications and may include sample forms,

§ 3.5.3.1 The Construction Manager shall, on behalf of the Owner, prepare applications and submittals for the
Owner's use in obtaining all normal design-related construction permits and approvals required by governmental
authorities having jurisdiction.

§ 3.5.4 Prior to the conclusion of the Construction Documents Phase, the Architect shall submit the Construction
Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to
review the Construction Documents, make adjustments, for coordination and to review costs.

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

§ 3.5.6 The Owner’s review and approval of the Construction Documents shall not relieve the Architect for
compliance with the requirements of applicable regulations or building codes or for design deficiencies, omissions
or errors.

§ 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 Construction
Manager as set forth below and in AIA Document A201™—2007, General Conditions of the Contract for
Construction, unless otherwise provided in this Agreement. The Architect shall perform all duties and obligations
that are assigned to the Architect in the General Conditions unless such duties and obligations on the part of the
Architect are expressly waived in this Agreement. If the Owner and Construction Manager modify AIA Document
A201-2007, 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 Subject to Section 4.3, the Architect’s responsibility to provide Construction Phase Services commences
upon the Owner’s acceptance of the Construction Manager’s Guaranteed Maximum Price proposal, the Owner’s
approval of the Construction Manager’s Control Estimate, or the Owner’s issuance of a Notice to Proceed to the
Consiruction Manager. Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services
terminates on the date the Architect issues the final Certificate for Payment.

§ 3.6.1.3 The Architect shall be a representative of and 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

AIA Document 8133™ — 2014. Copyright © 2014 by The American Institute of Architects. AN rights reserved. WARNING: This AIA® Document is protected

by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 40
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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 Construction Manager’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 Construction Manager or of any other persons or entities performing portions of the Work.

§ 3.6.2 Evaluations of the Work

§ 3.6.2.1 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of
construction, (1) to become generally familiar with and keep the Owner informed about the progress and quality of
the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work,
and (3) to determine, in general, if the Work 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 at least once a month submit a written report to the Owner to keep the Owner
reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner
(1} known deviations from the Contract Documents and from the most recent construction schedule, and (2) defects
and deficiencies observed in the Work.

§ 3.6.2.2 Site visits shall be made by representatives of the Architect and its consultants who are knowledgeable of
the Project requirements and competent in each discipline having work in current progress. These representatives
shall visit the site at intervals to assure conformance with the design shown in the Contract Documents and to
observe, as experienced and qualified design professionals, the progress and quality of the various aspects of the
Construction Manager’s work.

§ 3.6.2.3 The Architect has the authority to reject Work that does not conform to the Contract Documents unless the
Owner decides otherwise. Whenever the Architect considers it necessary or advisable, the Architect shall have the
authority to require mspection or testing of the Work in accordance with the provisions of the Contract Documents,
whether or not such 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 Construction Manager, Subcontractors, material and equipment suppliers, their
agents or employees or other persons or entities performing portions of the Work.

§ 3.6.2.4 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 reasonable promptness.

§ 3.6.2.5 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 Construction
Manager, and shall not show partiality to either. Except in the case of interpretations resulting in omissions, defects
or errors in Instruments of Service, or perpetuating commissions, defects or errors in the Instruments of Service, the
Architect and its consultants 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.

§ 3.6.3 Certificates for Payment to Construction Manager

§ 3.6.3.1 The Architect shall review and certify the amounts due the Construction Manager 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
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
Contract Documents. The foregoing representations are subject (1) to results of subsequent tests and inspections, (2)
to correction of minor deviations from the Contract Documents prior to completion, and (3) to specific qualifications
expressed by the Architect to the Owner in writing prior to the issuance of a certificate of payment.

&IA Document 8133 ~ 2014. Copyright © 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected
by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA” Document, or any portion of it, may result in 11
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§ 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 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.

§ 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 Construction Manager’s submittal schedule and shall not unreasonably delay
or withhold approval. 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.

§ 3.6.4.2 In accordance with the Architect-approved Construction Manager’s 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 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 Construction Manager’s responsibility. The
Architect’s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the
Architect, of any construction means, methods, techniques, sequences or procedures. The Architect’s approval of a
specific item shall not indicate approval of an assembly of which the item is a component.

§ 3.6.4.3 If the Contract Documents specifically require the Construction Manager 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
shop drawings and other submittals related to the Work designed or certified by the design professional retained by
the Construction Manager that bear such professional’s seal and signature when submitted to the Architect. The
Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and
approvals performed or provided by such design professionals.

§ 3.6.4.4 Subject to the provisions of Section 4.3, 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 with reasonable promptness. If appropriate, the
Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information.

§ 3.6.45 The Architect shall maintain a detailed, chronological record of submittals and copies of submittals
supplied by the Construction Manager in accordance with the requirements of the Contract Documents.

§ 3.6.5 Changes in the Work

§ 3.6.5.1 The Architect may authorize 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
the provisions of Section 4.3, the Architect shall prepare Change Orders and Construction Change Directives, with
supporting technical and cost documentation and data, for the Owner’s approval and execution in accordance with
the Contract Documents. Prior to preparing any Modification, the Architect shall request from the Construction
Manager any substantiating data required by Article 7 of the General Conditions of the Contract for Construction,
including cost or pricing data, as applicable, and assist the Owner in a thorough review of the information provided.

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

§ 3.6.6 Project Completion

§ 3.6.6.1 The Architect and the Architect’s consultants shail conduct inspections to determine the date or dates of
Substantial Completion and the date of final completion; issue Certificates of Substantial Completion; receive from
the Construction Manager and forward to the Owner, for the Owner’s review and records, written warranties and

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 Intemational Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 12
severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software

at 09:28:04 on 11/11/2016 under Order No.1575871642_1 which expires on 02/08/2017, and is not for resale.

User Notes: (14829781 34)

Init.

related documents required by the Contract Documents and assembled by the Construction Manager; and issue a
final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of
the Contract Documents.

§ 3.6.6.1.1 The Architect and the Architect’s consultants and Engineers shall provide one Substantial Completion
inspection and one Final Completion Inspection as part of Basic Services. Where projects have been designed for
phased completion, the Architect and the Architect’s consultants and Engineers shall provide one Substantial
Completion inspection and one Final Completion Inspection for each phase of the project. If additional inspections
are required, payment to the Architect shall be adjusted in accordance with Section 4.3.

§ 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
Construction Manager of Work to be completed or corrected.

§ 3.6.6.3 When the Work 1s found to be substantially complete, the Architect shall inform the Owner about the
balance of the Contract Sum remaining to be paid the Construction Manager, 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 Construction
Manager: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final
payment; (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens: and
(3) any other documentation required of the Construction Manager under the Contract Documents.

§ 3.6.6.5 No later than the 10" (tenth) month after the date of Substantial Completion, the Architect shall, without
additional compensation, conduct a meeting with the Owner to inspect the Project and review the facility operations
and performance. The Architect shall prepare a report indicating outstanding work or deficiencies in the Work to
be corrected by the Construction Manager. The Architect shall provide the report to the Owner and, at the Owner’s
direction, to the Construction Manager. Upon the Owner’s request and as Additional Service, the Architect shall
assist the Owner in taking necessary action to see that the deficiencies are corrected.

§ 3.6.6.6 The Architect shall prepare, from Construction Manager-supplied information, and provide to the Owner a
set of reproducible Record Plans showing all significant changes in the work made during construction. Plans shall
be stamped “Record Plans". This set of reproducible documents shall be in addition to computer media plans.

§ 3.7 Coordination of Services

Architect shall be fully responsible for coordinating all Architect’s Basic and Additional Services required under this
Agreement regardless of whether performed by its own employees or by consultants hired by Architect to perform a
portion of its services ("Subconsultants"). The purpose of such coordination is to ensure that the services required
are performed ina reasonably efficient, timely and economical manner. Architect shall be responsible to Owner for
the services furnished to the Architect by Subconsultants te the same extent as if Architect had furnished the service
itself. Architect also agrees to coordinate, and resolve any inconsistencies in its work of its Subconsultants. All of
the Architect’s contracts with Subconsultants shall be in writing, signed by both parties, and shall include the
provision: "The Owner is intended to be a third party beneficiary of the agreement."

§ 3.7.1 Compliance with Laws

Architect shall provide a design which when constructed in accordance with the Contract Documents will comply
with all applicable federal, state and local laws, statutes, ordinances, rules, regulations, orders or other legal
requirements existing on the date of this Agreement and which may be enacted prior to Owner’s approval of
completed Construction Documents.

ARTICLE 4 ADDITIONAL SERVICES

§ 4.1 Unless otherwise provided in this Agreement, Additional Services listed below and not identified as a Basic
Service are not included in Basic Services but may be required for the Project. The Architect shall provide the listed
Additional 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.

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 Intemational Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of if, may result in 13
severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AiA software

at 09:28:04 on 11/11/2016 under Order No.1575871642_1 which expires on 02/08/2017, and is not for resale.

User Notes: (1482978134)