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"ATA pocument A133" - 2009

Standard Form of Agreement Between Owner and Construction Manager as

Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed

Maximum Price

AGREEMENT made as of the 21st day of November

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

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

City Of Nashua New Hampshire
229 Main Street
Nashua, New Hampshire 03060

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

Bonnette, Page & Stone Corp
91 Bisson Avenue
Laconia, NH 03246
Ph # 603-524-3411

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

Renovations and Addition to
Nashua Fire Station 3
124 Spit Brook Road

Nashua, New Hampshire 03060

The Architect:
(Name, legal status and address)

Port One Architects, Inc., Professional Corporation
959 Islington Street
Portsmouth, New Hampshire 03801

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

Steven Galipeau, Fire Chief City of Nashua
70 East Hollis Street
Nashua, New Hampshire 03060

The Construction Manager’s Designated Representative:

(Name, address and other information)

Keith McBey, President

in the year 2016

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.

ASA Document A133™ — 2009 (formerly 4121™CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.

Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 4
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 at 14:07:26 on 11/18/2016 under Order No.7150521749_1 which expires on 10/03/2017, and is not for resale.

User Notes: (1936421746)

| Email Address: randy@bpsnh.com

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

Kelly Davis AIA

Port One Architects Inc.

959 Islington Street

Portsmouth, New Hampshire 03801

The Owner and Construction Manager agree as follows.

. AIA Document A133™ — 2009 (formerly A121™CMc - 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 2
Document, or any portion of it, may result in severe civi! and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
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User Notes: (1936421746)

Init.

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

EXHIBITA 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 Construction 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; io 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, AIA 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.

AIA Document A133™ — 2009 (formerly A121™CMc — 2003). Copyright © 1991, 2003 and 2009 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® 3
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 at 14:07:26 on 11/18/2016 under Order No.7150521749_1 which expires on 10/03/2017, and is not for resale.

User Notes: (1936421746)

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 shail 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.

§ 2.1.4Phased 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, ite 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.

init. WARNING: This AlA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA® 4
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 at 14:07:26 on 11/18/2016 under Order No.7150521749_1 which expires on 10/03/2017, and is not for resale.

User Notes: (1936421746)

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 At a 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:

1 A 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 +Astatement 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;

4 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.

Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ALA® 5
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 at 14:07:26 on 11/18/2016 under Order No.7150521749_1 which expires on 10/03/2017, and is not for resale.

User Notes: (1936421746)

§ 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

§ 2.3.2.1 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.

Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 6
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.
i This document was produced by AIA software at 14:07:26 on 11/18/2016 under Order No.7150521749_1 which expires on 10/03/2017, and is not for resale.

User Notes: (1936421746)

§ 2.3.2.5 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures,
progress, coordination, scheduling, and status of the Work. The Construction Manager shall prepare and promptly
distribute minutes to the Owner and Architect.

§ 2.3.2.6 Upon the execution of the Guaranteed Maximum Price Amendment, the Construction Manager shall
prepare and submit to the Owner and Architect a construction schedule for the Work and submittal schedule in
accordance with Section 3.10 of A201—2007.

§ 2.3.2.7 The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as
agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect,
showing percentages of completion and other information required by the Owner. The Construction Manager shall
also keep, and make available to the Owner and Architect, a daily log containing a record for each day of weather,
portions of the Work in progress, number of workers on site, identification of equipment on site, problems that
might affect progress of the work, accidents, injuries, and other information required by the Owner.

§ 2.3.2.8 The Construction Manager shall develop a system of cost control for the Work, including regular
monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The
Construction Manager shall identify variances between actual and estimated costs and report the variances to the
Owner and Architect and shall provide this information in its monthly reports to the Owner and Architect, in
accordance with Section 2.3.2.7 above.

§ 2.4 Professional Services
Section 3.12.10 of A201—2007 shall apply to both the Preconstruction and Construction Phases.

§ 2.5 Hazardous Materials
Section 10.3 of A201—2007 shall apply to both the Preconstruction and Construction Phases.

ARTICLE 3. OWNER’S RESPONSIBILITIES

§ 3.1 Information and Services Required of the Owner

§ 3.1.1 The Owner shall provide information with reasonable promptness, regarding requirements for and limitations
on the Project, including a written program which shall set forth the Owner’s objectives, constraints, and criteria,
including schedule, space requirements and relationships, flexibility and expandability, special equipment, systems,
sustainability and site requirements.

§ 3.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment, the Construction Manager may
request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to
fulfill the Owner’s obligations under the Contract. Thereafter, the Construction Manager may only request such
evidence if (1) the Owner fails to make payments to the Construction Manager as the Contract Documents require,
(2) a change in the Work materially changes the Contract Sum, or (3) the Construction Manager identifies in writing
a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall furnish such
evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected
by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial
arrangements without prior notice to the Construction Manager and Architect.

§ 3.1.3 The Owner shall establish and periodically update the Owner’s budget for the Project, including (1) the
budget for the Cost of the Work as defined in Section 6.1.1, (2) the Owner’s other costs, and (3) reasonable
contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner’s budget for
the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect,
in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the Project’s
scope and quality.

§ 3.1.4 Structural and Environmental Tests, Surveys and Reports. During the Preconstruction Phase, the Owner shall
furnish the following information or services with reasonable promptness. The Owner shall also furnish any other
information or services under the Owner’s control and relevant to the Construction Manager’s performance of the
Work with reasonable promptness after receiving the Construction Manager’s written request for such information
or services. The Construction Manager shall be entitled to rely on the accuracy of information and services furnished
by the Owner but shall exercise proper precautions relating to the safe performance of the Work.

AIA Document A133™ — 2009 (formerly A121™CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.

Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 7
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 at 14:07:26 on 11/18/2016 under Order No.7150521749_1 which expires on 10/03/2017, and is not for resale.

User Notes: (1936421746)

§ 3.1.4.1 The Owner shall furnish tests, inspections and reports required by law and as otherwise agreed to by the
parties, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous
materials.

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

§ 3.1.4.3 The Owner, when such services are requested, shall furnish services of geotechnical engineers, which may
include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests,
evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including
necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations.

§ 3.1.4.4 During the Construction Phase, the Owner shall furnish information or services required of the Owner by
the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services
under the Owner’s control and relevant to the Construction Manager’s performance of the Work with reasonable
promptness after receiving the Construction Manager’s written request for such information or services.

§ 3.2 Owner’s Designated Representative

The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project. The
Owner’s representative shall render decisions promptly and furnish information expeditiously, so as to avoid
unreasonable delay in the services or Work of the Construction Manager. Except as otherwise provided in Section
4.2.1 of A201-2007, the Architect does not have such authority. The term "Owner" means the Owner or the
Owner’s authorized representative.

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

§ 3.3 Architect

The Owner shall retain an Architect to provide services, duties, and responsibilities as described in AIA Document
B133™_2014, Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor
Edition. The Owner shall provide the Construction Manager a copy of the executed agreement between the Owner
and the Architect, and any further modifications to the agreement.

ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES

§ 4.1 Compensation

§ 4.1.1 For the Construction Manager’s Preconstruction Phase services, the Owner shall compensate the
Construction Manager as follows:

§ 4.1.2 For the Construction Manager’s Preconstruction Phase services described in Sections 2.1 and 2.2:
(Insert amount of, or basis for, compensation and include a list of reimbursable cost items, as applicable.)

| N/A

§ 4.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within ( )
months of the date of this Agreement, through no fault of the Construction Manager, the Construction Manager’s
compensation for Preconstruction Phase services shall be equitably adjusted.

§ 4.1.4 Compensation based on Direct Personnel Expense includes the direct salaries of the Construction Manager’s
personnel providing Preconstruction Phase services on the Project and the Construction Manager’s costs for the
mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory
employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions.

AIA Document A133™ — 2009 (formerly A121™CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.

Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA® 8
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 at 14:07:26 on 11/18/2016 under Order No.7150521749_1 which expires on 10/03/2017, and is not for resale.

User Notes: (1936421746)

§ 4.2 Payments
§ 4.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed.

§ 4.2.2 Payments are due and payable
(Paragraphs deleted)
within 30 days of the Construction Manager’s invoice.

ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES

§ 5.1 For the Construction Manager’s performance of the Work as described in Section 2.3, the Owner shall pay the
Construction Manager the Contract Sum in current funds. The Contract Sum is the Cost of the Work as defined in
Section 6.1.1 plus the Construction Manager’s Fee.

§ 5.1.1 The Construction Manager’s Fee:
(State a lump sum, percentage of Cost of the Work or other provision for determining the Construction Manager’s
Fee.)

The Construction Managers fee shall be 2.9% based on the costs of construction as defined in Article 6. The CM
fee shall be fixed as a lump sum at the establishment of the GMP

§ 5.1.2 The method of adjustment of the Construction Manager’s Fee for changes in the Work:

§ 5.1.3 Limitations, if any, on a Subcontractor’s overhead and profit for increases in the cost of its portion of the
Work:

§ 5.1.4 Rental rates for Construction Manager-owned equipment shall not exceed percent( %) of the standard
rate paid at the place of the Project.

§ 5.1.5 Unit prices, if any:
(Identify and state the unit price; state the quantity limitations, if any, to which the unit price will be applicable.)

Item Units and Limitations Price per Unit ($0.00)
TBD

§ 5.2 Guaranteed Maximum Price

§ 5.2.1 The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum
Price set forth in the Guaranteed Maximum Price Amendment, as it is amended from time to time. To the extent the
Cost of the Work exceeds the Guaranteed Maximum Price, the Construction Manager shall bear such costs in excess
of the Guaranteed Maximum Price without reimbursement or additional compensation from the Owner.

(Insert specific provisions if the Construction Manager is to participate in any savings.)

Any project savings shall be returned to the owner at the compietion of the project.

§ 5.2.2 The Guaranteed Maximum Price is subject to additions and deductions by Change Order as provided in the
Contract Documents and the Date of Substantial Completion shall be subject to adjustment as provided in the
Contract Documents.

§ 5.3 Changes in the Work

§ 5.3.1 The Owner may, without invalidating the Contract, order changes in the Work within the general scope of
the Contract consisting of additions, deletions or other revisions. The Owner shall issue such changes in writing. The
Architect may make minor changes in the Work as provided in Section 7.4 of AIA Document A201—2007, General
Conditions of the Contract for Construction. The Construction Manager shall be entitled to an equitable adjustment
in the Contract Time as a result of changes in the Work.

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PAST PERFORMANCE

In March 2020, the COVID-19 pandemic was declared a major disaster throughout the United States. As a result, Saline County
received funding and anticipated the disbursement of additional funds from various federal government response and rescue acts.

Kansas Governor Laura Kelly issued an emergency declaration in the same month and authorized the use of state resources and

personnel to assist with response and recovery operations that meet certain criteria,

CLIENT
Saline County, KS

REFERENCE

Phillip Smith-Haynes, County
Administrator

300 W. Ash St.

Salina, KS 67401

Phone: (785) 309.5810
Email: phillip.smith-hanes@
saline.org

DURATION
2021 - Present

SITUATION

Located in the center of the state, in the center of the country, Saline County is home to
approximately 55,000 residents. The County sits 8G miles north of the state's largest city and 100
miles west of the state capital. in early 2020, the State of Kanses awarded the County over $11
million in CARES Acts Coronavirus Relief finding, which was used to distribute funding to the
County government, two cities, three school districts, K-12 schools, and numerous non-profits.

TASK

As part of the American Rescue Plan Act of 2021 (ARPA), the County anticipated receiving

an additional $10.5 million in additional funds. These funds were received directly from the US
Treasury rather than the State of Kansas, which prompted the County to seek outside support.
iParametrics was retained by the County to support the County staff's capabilities to ensure
compliance with federal regulations while maximizing the beneficial uses of ARPA dollars in the
local community.

ACTION

The iParametrics team is providing the County with technical advistory services related to
COVID-19 recovery while developing and implementing strategies designated to maximize
federal and state assistance. Additionally, we are assisting in the distribution of ARPA funding while
working with local communities and neighboring counties to ensure consistency with COVID- 19
response and recovery initiatives.

RESULT
While this project is ongoing, we are currently managing the distribution of ARPA funding to sub-
recipeints and have provided the County a technology solution for tracking this process,

iD