ARC562

Proposal to

JUSTIN DEVELOPMENT COMPANY

for medium-density housing project on Witherspoon St.

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CONFIDENTIAL December 20, 2013

arQ

166 Nassau Street Princeton, NJ 08542 T. 1 609-608-2492 F. 1 609-608-2490

A letter from the principal.

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December 20, 2013 Mr. Justin Development Justin Development Company 190 Witherspoon Street Princeton, NJ 08542 Dear Mr. Development, Thank you for considering arQ’s services for your upcoming residential project on Witherspoon St. At arQ, we are excited to explore and exploit all of the inherent possibilities that the site provides. It is our goal to work closely with you throughout the entirety of the project in order to ensure maximum quality and maximum satisfaction. As per your request, and as a LEED certified firm, achieving LEED certification for this project will be a priority. As a modern housing project in an already established community, keeping the community involved in the project will be fundamental to the success of your project. We believe that this project will be theirs as much as it will be ours and it will be our goal to have the community actively participate throughout the multiple stages of the project. This, coupled with our 15-year experience within the Princeton community, will ensure your project obtains Zoning Board and, most importantly, community approval.

As you may already know, arQ is a small firm based in Princeton, NJ whose designs always aim for what we call outstanding balance—architecture that co-exists with its social and historical context while still creating state-of-the-art and vanguard architecture. arQ pushes the limits. arQ is ambitious, yet pragmatic. At arQ we also believe in a concept we deem the explore/exploit process. A project’s potential comes from the exploration of its inherent qualities—visible and invisible. Nonetheless, as a firm that is also renown for its sustainable architecture, arQ is able to continously deliver the highest quality LEED certified projects.

Attached you will find a complete description of our services, costs, and a detailed project timeline, including information regarding each step of the project.

Mr. Development, arQ would like to once again thank you for your interest. There is no doubt that together we will take your vision to the next level. If you have any doubts regarding any of the enclosed information, do not hesitate to contact me at 609-608-2492.

We look forward to working closely with you.

Sincerely,

Jose Escamilla, AIA Principal

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Table of Contents

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1. Firm Structure + Organization

pg. 8

2. Design Statement

pg. 10

3. Your Team

pg. 14

4. The Project

pg. 20

5. Schedule

pg. 42

6. Fees

pg. 46

7. Sample Work

pg. 52

8. AIA Contract

pg. 60

9. Closing Remarks

pg. 80

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thanks you for your consideration.

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よ う こ そ Bem-vindo.

Hoş geldin.

歡迎.

Bun venit.

We

Добро пожаловать.

Bienvenue.

Wilkommen.

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환

そ.

Välkommen.

elcome.

환영합니다 Bienvenido. arQ Benvenuto.

This marks the beginning of a relationship and a journey.

May you enjoy it as much as we will.

Jose Escamilla, AIA | LEED AP ar Principal Q

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Firm Structure + Organization 166 Nassaut Street | Princeton, NJ 08542 | T. 1 609-608-2492 | F. 1 609-608-2490 | arq.com | info@arq..com

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About arQ arQ is a multi-award winning architecture firm based in Princeton, Nj. Founded by Jose Escamilla in 1997, arQ has quickly risen to the top in the town of Princeton and its surrounding areas. Having also completed projects in New York, California, and even Canada and Mexico, arQ is continuously growing and expanding its market. arQ is renown for its emphasis on residential architecture. An expert in both private residences as well as large appartment complexes--and everything in between--arQ was described by Architectural Digest as “a game changer...arQ’s approach at residential architecture is what architecture needed for the longest time.” It has been the recipient to numerous awards, among them the AIA NJ Merit Award for the LEED Platinum Graham Duplex in Mercer County, the Residential Architect Design “Project of the Year” for the Lemperle Residence in La Jolla, California, and many more.

Having been located in Princeton for 15 years and having successfully carried out multiple projects in its relatively short life has provide arQ with the experience to continue succeeding in years to come. arQ has made homes for its community but has also made the community its home. This symbiotic relationship is perhaps one of the main reasons why arQ has proliferated in the past years. This unrivaled understanding of the context in which it practices continues to drive the firm, and its clients, forward.

Jose Escamilla, AIA | LEED AP Principal Jose Escamilla founded arQ in 1997 and has only seen his practice grow ever since. Combining his theory-emphasized and multi-disciplinary undergraduate education at Princeton’s School of Architecture with his rigorous design-centered education at the post-graduate level at Harvard’s GSD, Escamilla’s vision is unrivaled in the realm of residential architecture. Yet, it is his experience in the real world across the years what has solidified his education and consolidated his architectural vision.

Escamilla’s architecture bridges the gap between what we know as past, present, and future architecture. He incorporates refined aesthetic elements in his designs, allowing architecture to be fully appreciated even to the least untrained eye. Furthermore, his theoretical background has allowed him to create pieces that blur the boundary between practice and art in architecture.

Finally, understanding that we live in a rapidly-changing world, Escamilla’s designs incorporate sustainability without compromising design or program.

Design Statement 166 Nassaut Street | Princeton, NJ 08542 | T. 1 609-608-2492 | F. 1 609-608-2490 | arq.com | info@arq..com

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We design Together Architecture is not only for architects.

arQ’s methodology is simple.

Our job is to mediate between you and the context of your project.

YOU

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CONTEXT

We fully explore the context of a project before taking any steps in order to find the best way to approach it.

It is also through the thorough exploration of a project’s context that we are able to maximize quality and minimize expenses, making you and those who will inhabit our buildings more satisfied.

Our team of LEED certified architects, as well as the rest of our experienced staff, is always working together to ensure that every single project we touch has en everlasting mark in our clients and the community, but not on the earth. arQ keeps more than the environment in mind: arQ is committed to equally valuing our client and the community’s input. We believe that the key to successful design lies in the balance among these three, for what distinguishes an outstanding design from just a good one is the synthesis of the overarching forces that a project’s context brings with itself along with the reflection of client and community input in the design. .

Justin Development Company

Princeton Community

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An architectural Vision I remember when I was young, I wanted to be an architect because I could draw and do math. I was foolish, however, and naive. I did not yet know the multiple forces that governed architecture. “What forces?� you may ask. It seems as if architecture is all about aesthetically pleasing buildings that stand. Yet, this is only what lies on the surface...

Behind these pretty buildings lie a conglomeration of invisible forces. During my undergrad education at Princeton University, I began learning about countless of conversations in the realm of architecture. The history of architecture was rich, yet complicated, and extended past aesthetic developments across the years. In fact, one could say that architecture is an ever-evolving practice whose aesthetic develops as an adaptation and response to its current political, economic, and societal demands. What might have seemed as a selfish discipline, seemingly restraining the conversation of architecture within the field, was after all not so selfish at all. Architecture belongs to the people.

Yes, architecture is an art, but it is also a profession.

Throughout the years I have learned that my role as an architect extends past that of a designer. Yes, architecture is about creating unique experiences through unique spaces. A major part of creating such experience does come from the design aspect. Yet, the dozens of invisible forces out there .

Innumerable forces influence and limit a project.

Physics. Culture. Time. Budget.

Context.

Architecture is about understanding the context in which we build and exploiting it to create breathtaking spaces and experiences.

Architecture is looking at a puzzle’s pieces and knowing that there must be another way--a better way--to arrange them...and finding it. Every project is its own puzzle, with different puzzle pieces--with different arrangements.

Architecture is a profession, but it is also an art.

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Urban Development + Witherspoon St. Witherspoon St. holds a dear place in my heart, as it does for all of the people who have lived there throughout the years. As an undergrad at Princeton University, countless times I walked down Witherspoon.

Morning coffee. An afternoon run. Evening dinner with friends...

The atmosphere on Witherspoon St. is diverse and multi-cultural. Not only is it diverse within itself but, due to its adjacency to Nassau St., it is the connection between the Princeton community and Princeton University, thus manifesting itself as a bridge between campus life and the rest of the town.

New housing brings with itself a new atmosphere. Yet, at arQ we strive to find a balance between the already existing atmosphere a project positions itself in and the one it brings. We strive to find a balance that will move the community’s architecture and culture forward progressively.

We don’t replace community and culture. We advance it. arQ takes issues of program, design, and sustainability past the building envelope. Fundamentals: architecture is not only for those that inhabit it but also for those that surround it. The social influences on a project are key to its ultimate success and place in its community.

Harmony and progression, not stagnation. Often do we see a community’s architecture fail to evolve as a result of dissatisfied neighbors or an architecture that is excessively vanguard. And Witherspoon is no exception. At arQ, however, we create architecture that bridges past, present, and future. We create architecture that stays true to its site’s roots and culture. And this is why we believe that the community’s input is just as valuable.

Yet, how do we do this?

The site lies amidst a very diverse community with a rich cultural and architectural history. Yet, as demonstrated by a new organization called Sustainable Princeton, who is currently working on multiple ways to make Princeton a greener community, there is a strong desire to move forward. After all, arQ and Justin Development Company’s vision is shared by their own community as well.

Development.

That is our goal.

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Your Team 166 Nassaut Street | Princeton, NJ 08542 | T. 1 609-608-2492 | F. 1 609-608-2490 | arq.com | info@arq..com

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At arQ, we are compromised with you to provide you with the best available team. Our qualified personnel is guaranteed to meet and exceed your demands. At arQ we spend countless hours finding the most experienced and qualified consultants. Each one was selected among many of the very best in their specific field.

However, at arQ, we also understand that budget is a priority. Yet, we never compromise cost for quality. We hire consultants who meet our rigorous demands and who we know will be able to deliver while satisfying the budget requirements and even leaving room to save you money.

With arQ, you are part of the team as well. Your input throughout the entire project is immensely valued and, as a result, we will constantly stay in touch with you. After all, this is your project and as our client, we are committed to deliver you the highest quality窶馬othing less.

Mr. Development,

You are in good hands.

JUSTIN DEVELOPMENT COMPANY Construction Manager Provided by Justin Development Co.

Civil Engineer

Provided by Justin Development Co.

Justin Development Developer

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Jose Escamilla Principal

John M. Williams Senior Architect

Michael Lewis Project Manager

Consultants

Electrical Mechanical

Surveyor

Junior Architects

Provided by Justin Development Co.

Sub-contractors

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Intern Architects

HVAC Additional

Jose Escamilla AIA | LEED AP Principal joseescamilla@arq.com 609-608-2492 EDUCATION 1980—1984 Princeton University—Princeton, NJ

Bachelor of Arts with concentration in Architecture 1986—1989 Harvard University—Cambridge, MA Master of Architecture PROFESSIONAL EXPERIENCE 1984—1986 Skidmore, Owings & Merrill LLP—New York, NY Intern Architect 1989—1997 Hellmuth, Obata & Kassabaum—St. Louis, MO

Project Staff (1989 – 1991)

Project Director (1991 – 1997)

1997—Present arQ—Princeton, NJ Principal 2005—Present Princeton University School of Architecture—Princeton, NJ

Assistant Professor: Sustainable Design in a New Technological Era 2009—2010 The Cooper Union

Visiting Professor: Senior Design Studio SELECT AWARDS 2001 2002 2005

2009 2010

AIA Young Architects Award: Recipient Residential Architect Magazine: “National Rising Star” Residential Architect Design Awards: Project of the Year AIA Institute Honor Awards for Interior Architecture LEED for Homes: Project of the Year Award LEED for Homes: Innovative Project Award

2013

AIA New Jersey Merit Award

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John M. Williams AIA | LEED Senior Architect johnwilliams@arq.com 609-608-2498 EDUCATION 1990—1995 California Polytechnic State University—San Luis Obispo, CA Bachelor of Architecture

1995—1997 Columbia University—New York, NY Master of Architecture PROFESSIONAL EXPERIENCE 1998—2005 Rafael Viñoly Architects—New York, NY

Project Staff (1998 – 2000)

Design Leader (2000 – 2005) 2005—Present arQ—Princeton, NJ Senior Architect

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Michael Lewis AIA | LEED Project Manager michaellewis@arq.com 609-608-2496 EDUCATION 1990—1994 Washington University in St. Louis—St. Louis, MO

Bachelor of Arts with Concentration in Architecture 1997—2000 Columbia University—New York, NY Master of Architecture PROFESSIONAL EXPERIENCE 1994—1997 Arup—London, UK Design Intern 2000—2005 AECOM—New York, NY

Project Staff (2000 – 2002)

Technical Coordinator (2002 – 2005) 2005—Present arQ—Princeton, NJ

Project Staff (2005 – 2006)

Project Director (2006 – Present)

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The Project 166 Nassaut Street | Princeton, NJ 08542 | T. 1 609-608-2492 | F. 1 609-608-2490 | arq.com | info@arq..com

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The Site Location: Witherspoon St.

Princeton, NJ Other: Area between Quarry St.

+ Torrey Ln.

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Area per lot 1

arQ has decided to focus on the following 5 properties for site analysis, preliminary schematic design, and fee calculation. This information was gathered from the site survey you provided us with earlier. As you can see, the total area covered by these current buildings is 4335 ft on a plan level.

This will provide us with an initial basis to proceed into the designing an initial arrangement.

1225 sqft

SITE BOUNDARY

Quarry St.

2 740 sqft

3

4

510 sqft

650 sqft

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1 2

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3

4

Witherspoon St.

2210 sqft

Total area: 4335 sqft

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Front elevation

View from Witherspoon St.

1/32� = 1’

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             

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   

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

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 

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   







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                       



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 

                 











      

                   





    



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

             

 

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





 



 







             

                 

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



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

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

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

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 

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





   



   

                 



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



 









       

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

     

 











    

















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











 



 

         

















  



     





   

 

















   





 















  













 







            

  

                          





 

 









  

 

           

        





 

 





 





 









    













                      

 



 









  



















            













 























    



 



 













  

                             



 









 

 

         



























   













  

 













   















 











                   













                  

























 





 















 

 











 









 





    









           







 

    





24



 











 



















 









 





 















         













      





 







   































 









  















 









 

 

 

























      































 



       







































 



























 



















 



 



   



 

 

  

   

   







    

  







 



   

 



    



     

 





















 

 

 



  

 





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



 

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 



   







 

     



 





                                      



       





      











  





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 

               





    



   



   

      













   



 







 

   

    





  





   

  















   

            











 



                                                  





















  



 



 











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











On your left you will find a zoning map provided to you by the Princeton Borough.

Wither

spoon

St.

Existing buildings: 134 - 150 Witherspoon St.

Princeton Borough Zoning

Zone: R-B The site of your project falls under the R-B zoning category, which stands for residential/business. As a result, it will be under those zoning requirements that we will base our procedures, both in terms of design and fees.

R4: residential R-B: residential/business

The highlighted area represents the current site of your project in relation to the surrounding R-B zone

The site

25

Prelim Conceptual Design Preliminary sqft per room

Staying true to the minimalist aspect of a 1 bedroom micro-apartment, we experimented with the bare essentials. Like true minimalism, however, we will discuss the possibility of further reducing the content of the plan.

Throughout the initial stages, including the pre-design phase and the earlier part of the schematic design phase, we will be working with adjacency bubble diagrams like the ones shown below to determine possible programmatic arrangements. Justin Development Company will have the opportunity to decide whether a single arrangement for all complexes or diverse arrangements throughout the site will work the best.

Later on, we can start determining the overall form of the apartments based on these diagrams

Bathroom 5’ x 9’ 45 sqft

Dining Room 8’ x 10’ 80 sqft

D

E

B

K

BR

LR LR

E E

B

LR

E

E

K

D LR

E E

BR

B

LR

E

LR E

E

K

E

BR

E

D

E

E

Kitchen 6’ x 7’ 42 sqft

Living Room 8’ x 10’ 80 sqft

Extra 2’ x 5’ +/50 sqft +/-

Laundry Room 6’ x 6’ 36 sqft

Bedroom 9’ x 10’ 90 sqft

26

Total sqft: 423 ft

Sample Arrangement

As we progress further, we will start transforming the bubble diagrams into potential arrangement, and will start determining possible program organization.

Potential Multi-apartment Arrangement 1st floor: 2nd floor:

12 units 10 units

Total:

22 units

Working with our 453 ft unit, arQ suggests considering multi-story construction to increase size. Although the following prelimary scheme shows a potential arrangement for two stories, the Princeton Borough code allows for three story constructions in this zoning case.

Plan Superimposition

Given that the original area of existing buildings lies at around 4335’ (see earlier diagrams), we can expect to construct between 10-13 units depending on size and arrangement variations.

As a preliminary sketch, arQ would like to continue to remind you that the possibilities are endless and should not be limited to the ones presented on these pages.

These diagrams are merely meant to illustrate what certain steps of the preliminary design phase and early schematic phase might look like.

Plan

Front Elevation

View from Witherspoon St.

27

28

29

arQ’s Services The project will be divided in 6 phases. The percentages represent the cost allotted to each phase as a percentage of the total cost of the total fee.

Predesign Project Planning

5%

Schematic Design

10%

Design Development

20%

Construction Documents r

40%

Bidding and Negotiation

5%

Construction, Fit-up, and Occupancy

20%

Each of these 6 phases will be broken down in detail in the following pages.

30

Predesign Project Planning (5%) During this initial phase we will establish a hierarchy of needs and objectives for the project. It will also an opportunity for us to clarify any initial doubts you might have regarding how we will approach the project. In addition, it is an opportunity for us to explain to you and break down some of the costs and interests you will come across throughout the project.

We will go over both “hard” and “soft” costs, which we will further explain during our first meeting. It is imperative that you fully understand what each cost is and where it comes from.

At this point, we will conduct 2-3 visits to the site with the goal of compiling all site data, including but not limited to: 1.

2.

3.

4.

5.

r Topographic and property information Roads and possible improvements Utilities Landscape features Zoning and legal setbacks

We would like an appropriate Justin Development Company representative to be present for at least one of them if possible. In addition, we suggest visiting comparable sites and projects together. We can discuss this further during out initial meeting.

During this time, we would also like to set up a preliminary project schedule with some key initial milestones. In addition, I would like to set up a bi-monthly meeting schedule in order to make sure the project is running smoothly.

During our initial meeting we will: 1.

2.

3.

4.

5.

6.

7.

8.

Establish the project directory Review all project procedures Review the project schedule Set a regular meeting schedule Review other project parameters to-date, including budget Review other construction contract options (if deemed necessary) Review original concept diagrams Prepare a space program

31

Finally, as the last points state, this is an opportunity to start talking about design ideas—concepts that will start taking shape in the Schematic Design phase. It is an opportunity for us to learn more about your preferences and start converting abstract and general ideas into more concrete concepts.

Schematic Design (10%) The goal of the schematic design phase is to review the project’s program with you. During this stage, we will work closely in order to ensure your vision is successfully manifested in the final product. We will also start discussing what the best way to build your project will be in terms of budget.

We will provide you with the following: 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

Blocking + stacking options diagrams Scaled drawings illustrating relationships among components Site plan 1/16� floor plans Diagrammatic sections Small scale massing elevations Physical study models General material finish schedule, interior + exterior Code review Up-to-date budget check Schedule check

At this point, we will begin the process of acquiring site approval from the Borough of Princeton. We will also begin a series of multiple neighborhood meetings to receive input from the community as well as inform them about the project. From our experience, a series of meetings like these makes the community feel involved and part of the project, which facilitates future approvals in front of the Zoning Board and other committees.

After reviewing all schematics with you, we will submit them to the construction manager in order to further advance the project.

With his, and your, input, we will continue determining what works best and whether it is realistically affordable or not.

32

Finally, we would like to remind you that communication is essential during this phase, as with all others. Given the project will be at an early stage, it is likely that there will be doubts, which we will willingly answer when appropriate. It is essential that you, the owner, arQ, and the construction manager stay constantly in touch at this stage in order to ensure the project is on the right track at every stage.

Design Development (20%) During this phase, we will begin emphasizing the design aspect of your project. Our first meeting of this phase will focus on determining what matters the most to you from both an operational and design standpoint.

We will divide this phase into three stages -Initial phase: Before we begin any formal drawings, we will focus on reviewing specific spaces and their functions.

-Mid-phase: At this point, we would like to review the drawings up to-date with an emphasis on the cabinetwork of the apartments -End phase: Finally, we would like to review all of the drawings with you prior to beginning and detail work and proceeding to the construction drawings phase.

We will be working closely with various consultants as the final size and cost of the project will start to take shape. As always, arQ will be constantly reviewing our consultants’ work for coordination and consistency with the established design parameters.

The emphasis of the drawings at this point will be to further illustrate the full scope of the project, indicating the various relationships among individual rooms as well as interior and outer spaces, including relationships to the rest of the neighborhood.

Services: 1.

2.

3.

4.

Complete 1/8” scale floor plans to include all windows, door openings, and critical furniture + cabinetry Schematic single-line diagrams of structural, mechanical, and electrical systems Wall sections at ¼” scale detailing materials and construction systems Complete exterior elevations at 1/8” scale showing windows, material details, etc. continued on next page

33

Services (continued from previous page): 5.

6.

7.

8.

9.

10.

11.

12.

13.

Detailed reflected ceiling plans showing lighting and MEP devices Interior elevations for all special spaces (areas with paneling, special wall finishes and cabinetry) Complete palette of all finish materials—interior and exterior Plan review with commercial utility providers including: a.

Electric b.

Gas c.

Water d.

Garbage collection Outline of Specifications Design review with applicable govt. authorities including: a.

Fire marshal b.

Building code official c.

Zoning officer d.

Planning department e.

Historic preservation officer (if applicable) f.

Landscape and shade tree commission Updated schedule Updated code review Updated budget estimate

We also suggest that your appointed civil engineer reviews the design with the following authorities: Sewerage authority Municipal engineer As the project starts coming to life, we will continue to review the construction cost budget and advise you on these costs as we seem fit. Finally, as always we will take advantage of every cost-saving opportunity we come across, always prioritizing and never compromising quality, and inform you accordingly.

We would also like to work closely with the contractor. We believe that the design development stage is essential to beating the budget and the schedule later on. Working closely with him and fully understanding the scope of the project will result in a more efficient and smooth construction.

34

Construction Documents (40%) As per your request, we will begin with construction documents upon zoning board approval. The drawings, including all mechanical services, and specifications will be finalized and ready to be carried out for construction during this phase. Throughout this period, we will continue to work closely with you regarding any previous preliminary costs. In addition, we will work together in the preparation of bidding information. arQ will establish bi-monthly meetings with our design team as well as the project consultants. In addition to these bi-monthly meetings, arQ will arrange 5 meetings with Justin Development Company to review the construction documents in-depth and address any issues that may come up.

The 5 meetings will be spread out at the following intervals 30% of document completion 50% of document completion 75% of document completion 90% of document completion 100% of document completion Note: the 75% completion stage, namely the “deemed complete” stage, shall form the basis for the project’s Guaranteed Maximum Price, or GMP. Services 1.

2. a.

3.

4.

Establishment of Justin Development Company’s legal, funding, operations, and insurance requirements for general conditions Establish methodology of bidding and contracting Establish bidder’s list based on contractor Establish all requirements for obtaining building permits Complete construction documents including all plans, elevations, sections, and details for all buildings and mechanical systems continued on next page

35

Services (continued from previous page): 5.

6.

7.

8.

9.

10.

11.

All site plans and details Complete schedules for the following a.

Finishes b.

Doors c.

Windows d.

Hardware e.

Fixtures Full technical specifications covering all trades General conditions (AIA 201) Supplemental general conditions (Additions to AIA 201) Sample construction contract In preparation for bidding phase: a.

Establish bonding requirements b.

Instructions to bidders c.

Bid forms

Bidding and Negotiation (5%) During this phase, we would like to include Justin Development Company’s legal counsel as well as your representative during construction for negotiation. arQ will arrange a pre-bid conference where we will establish the following: 1.

2.

3.

Set time and place for bid openings Availability and cost of the bidding documents Visiting times continued on next page

36

Pre-bid conference materials (continued from previous page): 4.

Costs for the following services: a.

Electrical b.

Plumbing c.

HVAC d.

Steel e.

Foundation f.

General

The bid documents will consist of the following: 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

Instructions to bidders Bid form with alternates and allowances Equal opportunity requirements Prevailing wage requirements Time extensions Waiver of liens Monthly affidavits Phased occupancy, if any Separate contracts Periods when contractor will not be able to work, such as religious days Tax exemptions Any work to be done by owner’s own forces including but not limited to: a.

Computer cabling b.

AV work c.

Stereo wiring Liquidated damages + bonus program Bonding requirements Insurance requirements

arQ will be in charge of distributing a complete bid form to all the bidders with the above information.

37

Construction, Fit-up, and Occupancy (20%) arQ will setup a pre-construction meeting with Justin Development Company at which we will set actions and deadlines to ensure the project runs smoothly through construction. At this meeting, we will setup a subsequent meeting schedule on at least a monthly basis at dates that Justin Development Company finds most convenient.

The pre-construction meeting agenda includes: 1.

2.

An owner issued notice to proceed for the contractor Explanation of chain-of-command with included routing and scheduling of a.

Shop drawings b.

Catalogs c.

Samples d.

Project reports e.

Test reports f.

Maintenance instructions

arQ will continue to attend regular project meetings and will tour the site at necessary intervals, preparing detailed field reports.

During this phase, arQ will also be constantly reviewing and responding to 1.

2.

3.

4.

Payment applications Requests for Information (RFIs) Change Orders Phone calls / emails

arQ will be visiting the construction at appropriate intervals for project evaluation, ensuring the construction is complying with the provided construction documents. After each visit, we will inform you of the current state of the project via phone call, email, or both.

If we come across any defects or deficiencies, we will notify you immediately.

Throughout construction, arQ will offer press release preparation services regarding building progress if required.

38

Towards the end of the construction phase, arQ will confirm that final arrangements have been made to procure furnishings, graphics, data and communication, and miscellaneous equipment so that delivery and installation can be scheduled and coordinated with construction operations, move-in, and occupancy. At this point we will also: 1.

2.

3.

4.

Confirm Justin Development Company has received guarantees and warranties and note the service conditions and the duration of the inspection and maintenance services required by the contractor.

Confirm contractor obtains a Temporary Certificate of Occupancy (TCO) and a final Certificate of Occupancy (COO) Arrange for inspection and maintenance services that may not be required by the contractor, including but not limited to: a.

Elevators b.

Fire alarm systems Monitor the construction manager’s final inspection reports

We will verify that all conditions of the contract have been met, including a check for liens and released liens. Final payments will be issued once these, and a Certificate of Occupancy, have been verified.

We would also like to discuss with you the possibility of putting one of our own architects fulltime on site in order to answer any questions that may come up regarding construction documents. We have found that this minimizes RFI’s (Request For Information orders) as well as change orders, further saving Justin Development Company time and money. Our experience with this setup over the years has saved clients an average of 2-3% of the total cost as well as 5% of the total time, both resulting from time saved from minimal delays and lack of additional hours worked.

At arQ, we offer assistance in the planning of close-out events, including ground-breaking, topping out, and dedication ceremonies.

Should you require those services, arQ would be more than glad to aid you with planning, beginning at least 6 months prior to the completion of construction. We will also gladly arrange tours for users once the project reaches completion.

Finally, at the 11th month of occupancy, arQ will tour the building with Justin Development Company to identify any items requiring repair or replacement before the end of the 1 year contractor’s warranty expiration.

Disclaimer: arQ is not responsible for any defects or deficiencies that result from the contractor’s failure to perform in accordance with construction documents.

39

Achieving LEED arQ’s team of LEED certified architects is experienced in achieving LEED certification in its designs. Over the years, over 70% of our projects have achieved LEED certification.

50% of those projects have received SILVER certification 30% of those projects have received GOLD certification 20% of those projects have received PLATINUM certification In order to achieve LEED certification*, arQ will seek to fulfill the following requirements: Innovation and Design Process (ID) Location and Linkages (LL) Sustainable Sites (SS) Water Efficiency (WE) Energy and Atmosphere (EA) Materials and Resources (MR) Indoor Environmental Quality (EQ) Awareness and Education (AE) We will briefly break down what each one of these categories entails and how we plan on incorporating them into the design in our first meeting.

Finally, we plan on working closely with Sustainable Princeton to gather feedback and also promote your project

40 *For more information, please visit www.usgbc.org/leed/homes

Marketing As you requested, arQ will be pleased to provide you with all you need for the successful marketing of your project at a reimbursable cost to be detailed later on.

At the end of the Schematic Design phase, arQ would like to hold two brief meetings with Justin Development company in order to discuss more in-depth the way in which we will approach the project’s marketing. During the first meeting, arQ will have available a small selection of preliminary logos designed to accurately represent the project. We will narrow it down to 2 and expand on them based on our discussion that day. During our second meeting, to be held 2 weeks after the first one, we will continue to build upon what was discussed during the first meeting and will have available preliminary marketing materials and more detailed logos.

As the physical design of the project starts to take shape, our team of graphic designers and video producers will be in charge of creating a short 8-10 minute video designed to engage the community and potential bidders from the beginning. The video will contain key information detailing the project and will be produced with the latest software, ensuring the highest quality of visual work.

Finally, we will assign one of our project architects to become the leader of this marketing campaign. He will be in charge of presentations, including that of the video, and holding Q&A sessions as well. As the leader of the marketing office of the project, he will continue to work closely with our team of graphic designers and Justin Development Company throughout the project. arQ will also provide all other visual material that is deemed necessary, including but not limited to: Flyers Posters Videos Brochures Other We will work together to ensure your project and all necessary information becomes available to those who need it and in the most visually effective way possible.

41

Schedule 42 166 Nassaut Street | Princeton, NJ 08542 | T. 1 609-608-2492 | F. 1 609-608-2490 | arq.com | info@arq..com

a arrQ

Q architecture | design | development

Mr. Development, Attached you will find a preliminary Gantt chart schedule of the project. Please keep in mind that this timeline is subject to change as the project develops. Also keep in mind that forces outside arQ’s jurisdiction might delay any scheduled interval / event. arQ will continuously be trying to beat the schedule, reducing the time any given scheduled activity might take. Yet, we will never compromise quality over time.

In addition, please refer to the previous section if you need any clarification as to what any slot may mean. Also, please keep in mind that the bi-monthly meeting schedule was not included due to the nature of its regularity. As already mentioned, we will set this schedule within our first meetings.

As always, do not hesitate to contact me with any questions.

Jose Escamilla, AIA | LEED Principal

43

Project Gantt Chart Schedule

2014 January

2015 February

Pre-design Prelim. site visits Prelim. meetings

Schematic Design Community meetings 50% SD review 70% SD review 90% SD review Code / Schedule / Budget Review Zoning approval

Design Dev. Consultant review 50% DD review Reviews w/appropriate authorities + providers 70% DD review 90% DD review Contractor review Code / Schedule / Budget Review

Construction Docs.

30% completion meeting + review 50% completion meeting + review 75% completion meeting + review 90% completion meeting + review 100% completing meeting + review

Bidding

Pre-bid conference Bid distribution + submittal Contract signing

Construction + Closeout Pre-construction meeting 50% review Substantial Completion meeting + review Confirmation of final arrangements Final review Inauguration ceremony

44 Occupation

March

April

May

June

July

August

September

October

November

December

January

February

March

April

May

2016 June

July

August

September

October

November

December

January

February

March

April

May

June

July

August

September

October

November

December

45

Fees 46 166 Nassaut Street | Princeton, NJ 08542 | T. 1 609-608-2492 | F. 1 609-608-2490 | arq.com | info@arq..com

a arrQ

Q architecture | design | development

Construction Costs The following table will break down the construction costs for your convenience. The final cost will be further broken down for you as well.

1 2 3 4 5

Building Cost Tenant Fitups Site Improvements Off-Site Improvements Escalation

6

Contingency

7

Total Construction Cost

Note N/A N/A 15% of Building Cost N/A (Items 1-4 ) x (Current Escalation Rate(6%) /12 months) x (months to construction midpoint) 10% of construction cost (1-4) (5% design + scope changes, 2% for fluctuating market conditions while bidding, 3% for errors of omission during construction) Assuming 20 units (8460 sqft)

Total Cost 120.00 150.00 168.00 168.00 173.04

Cost per SqFt 120.00 30.00 18.00 0.00 5.04

189.84

16.80

$1,606,046.40

$189.84

The following fees have been calculated assuming the project includes the initial 20 units Justin Development Company set out to build.

Please keep in mind that should the project expand, these fees will no longer apply. We will gladly recalculate them once we define the project’s specifics in later stages.

As detailed in our earlier diagrams, arQ will use the 423 sqft unit as a basis for fee calculation. Working with the initial 20 units yields a total area of 8460 sqft 20 units x 423 sqft per unit = 8460 sqft total Based on a $189.84 construction cost per sqft, this will leave the total construction cost at $1,606,046.40 arQ’s will charge a 6.5% fee of $104,393.02, from which 30% will be taken to pay for consultants, resulting in a consultant fee of $31,317.90 and a net architect fee of $73,075.12.

arQ’s fee: consultant fee: gross fee:

$ 73,075.12 $ 31,317.90 $104,393.02 47

Cost by Phase As a reminder, the project can be split into 6 phases: Pre-design (5%) Schematic Design (10%) Design Development (20%) Construction Documents (40%) Bidding (5%) Construction + Closeout (20%) Below is the free breakdown per phase: Phase Pre-design Schematic Design Design Development Construction Documents Bidding Construction + closeout

Percentage 5% 10% 20% 40% 5% 20%

Cost $3653.76 $7307.51 $14,615.02 $28,230.05 $3653.76 $14,615.02

Total

100%

$73,075.12

We would like to reiterate that this is the net architectural fee. The gross fee is comprised of the architectural fee and the 30% consultant fee, yielding our previous total of $104,393.02.

48

Fee and Hour Breakdown per Week + Individual Phase

Length (weeks)

Pre-design

Hrs / Phase

Avg. Hrs / Week

Principal

Senior Architect

Project Manager

Junior Architect (x2)

Intern Architect (x2)

Schematic Design

4

17

4.25

2

1

2

4

8

10

36

3.60

3

2

3

10

18

Design Development

20

75

3.75

5

4

6

20

40

Construction Documents

14

154

11.00

4

6

14

54

78

4

18

4.50

2

2

4

4

6

50

67

1.30

5

6

10

26

20

102

367

4.70

21

21

39

118

170

$120/hr

$100/hr

$80/hr

$60/hr

$40/hr

$2520

$2100

$3120

$7080

$6800

Total

$21,620.00

Bidding

Construction + Close-out Total

Rate

Total Fee

*Hours are subject to change as Justin Development Company may see fit. Fees will be adjusted accordingly.

49

Cost by Phase (cont’d)

Phase 1: Pre-design, Schematic Design (+Zoning), and Design Development

As requested by Justin Development company, arQ will work on a time-card basis with a “maximum not to exceed” fee of $25,576.29. The hourly rates for each member of the team are as follows: Principal Senior Architect Project Manager Junior Architects (x2) Intern Architects (x2)

$120/hr $100/hr $ 80/hr $ 60/hr $ 40/hr

As we detailed earlier, we will run constant schedule and budget checks to ensure Justin Development company saves money whenever possible. Should arQ reduce the projected total budget, 100% of the savings will go directly to Justin Development Company.

Phase 2: Construction Documents + Bidding After the completion of Phase 1, arQ will work under a fixed fee of $30,883.81. This phase will include the completion of construction documents as well as bidding.

Phase 3: Construction Administration + Close-out As requested by Justin Development Company, at this point, arQ will revert back to working under a time-card basis with a “maximum not to exceed” fee of $14,615.02.

As a reminder, the hourly rates will be as follows: Principal Senior Architect Project Manager Junior Architects (x2) Intern Architects (x2)

50

$120/hr $100/hr $ 80/hr $ 60/hr $ 40/hr

We would like to once again remind you that the construction cost was calculated for a 20-unit project with a total square footage of 8460.

Should Justin Development Company decide to incorporate more units into the project (via a 3rd story or a variation in arrangement) or increase the total square footage, arQ will recalculate the total project cost and arQ’s initial fee to reflect the changes. Any other changes that require an increase in budget or labor time will require arQ to adjust the numbers accordingly.

Note: arQ will require Justin Development to pay a fee of $750 upon the signing of the contract. Please note that this fee will have already been accounted for for the final invoice upon completion of the project.

Additional Services arQ would like to remind Justin Development company of all available additional services.

Should Justin Development company require any services additional to those detailed within our full scope of services, arQ will be glad to offer them at an appropriate fee to be discussed with Justin Development Company.

Reimbursable costs will be made at the service’s original cost + an additional 8%. Examples of reimbursable costs include long-distance calls, plotting services, model materials, among others. We will inform you of any reimbursable costs as they arise throughout the project.

51

Sample Work 52 166 Nassaut Street | Princeton, NJ 08542 | T. 1 609-608-2492 | F. 1 609-608-2490 | arq.com | info@arq..com

a arrQ

Q architecture | design | development

arQ = Versatility At arQ we are experts at what we do.

Yet, we still like to challenge ourselves and explore new horizons--new scenarios that will only help us grow as a firm and continue to diversify and embellish our craft.

Up next you will find a selection of recent works that exemplify arQs versatility while still conveying the firm’s design standards and professionality.

Tassafarona Village - Oakland, CA Lemperle Residence - La Jolla, CA Lakeside Graduate Housing - Princeton, NJ However, we want you to get a full grasp of what a project means to us at arQ. As a result, we have included each of these projects’ clients’ contact information. We would love you to give them a call or email them to hear about their experience with us.

Casey Sanchez csanchez@csdevelopment.com 1 415 - 856-7544 Gregory Lemperle greglemp@gmail.com 1 619-654-4768 Jacob Martin jmartin@americancampus.com T 512 - 675 - 7353

53

54

LEED for Homes 55

PLATINUM

Lemperle Residence 56

Location: La Jolla, CA

Response to Context “...promotes an outdoor connection through the use of expansive glass and deck areas” “...vertical and horizontal planes defin[e] visual edges [that] also create an air of privacy from the adjacent neighbors” “[The Lemperle] is almost entirely powered by highly efficient solar panels. In addition, due to the temperate climate cross ventilation provides all of the cooling needs, while heating needs are provided through high efficiency in floor heating throughout.”

-ArchDaily

Lakeside Graduate Student Housing Location: Princeton, NJ

Fostering Community Princeton University’s newest student housing. Opening Summer 2014.

Designed to cater to student needs--both social and educational.

329 units for 715 graduate students.

59

Draft of AIA Contract 60 166 Nassaut Street | Princeton, NJ 08542 | T. 1 609-608-2492 | F. 1 609-608-2490 | arq.com | info@arq..com

a arrQ

Q architecture | design | development

In the following pages you will find a sample of the standard B101 AIA contract. I would be more than glad to go over it with you in detail in order to ensure your full understanding of it. A full understanding of the contract is essential to the success of the project, through all stages of the project, including post-completion.

In case you have any specific doubts, do not hesitate to contact me: joseescamilla@arq.com 609-608-2492 I will gladly answer any doubts, either in email or in person.

Jose Escamilla AIA | LEED AP

61

AIA Document B101 – 2007 ®

TM

Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the 20th day of December in the year 2013 (In words, indicate day, month and year.)

BETWEEN the Architect’s client identified as the Owner: (Name, legal status, address and other information) Justin Development Company 190 Witherspoon St. Princeton, NJ 08542 « » and the Architect: (Name, legal status, address and other information) arQ 166 Nassau St. Princeton, NJ 08542 « » for the following Project: (Name, location and detailed description)

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.

This document has important legal consequences.

Consultation with an attorney is encouraged with respect to its completion or modification.

Witherspoon St. Medium Density Apartment Project Witherspoon St. Princeton, NJ 08542 « » The Owner and Architect agree as follows.

ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.

62

AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 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. This draft was produced by AIA software at 12:27:00 on 11/06/2012 under Order No.8597719342_1 which expires on 05/08/2013, and is not for resale.

User Notes: (1633111107)

1

TABLE OF ARTICLES 1

INITIAL INFORMATION

2

ARCHITECT’S RESPONSIBILITIES

3

SCOPE OF ARCHITECT’S BASIC SERVICES

4

ADDITIONAL SERVICES

5

OWNER’S RESPONSIBILITIES

6

COST OF THE WORK

7

COPYRIGHTS AND LICENSES

8

CLAIMS AND DISPUTES

9

TERMINATION OR SUSPENSION

10

MISCELLANEOUS PROVISIONS

11

COMPENSATION

12

SPECIAL TERMS AND CONDITIONS

13

SCOPE OF THE AGREEMENT

EXHIBIT A INITIAL INFORMATION ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Article 1 and in optional Exhibit A, Initial Information: (Complete Exhibit A, Initial Information, and incorporate it into the Agreement at Section 13.2, or state below Initial Information such as details of the Project’s site and program, Owner’s contractors and consultants, Architect’s consultants, Owner’s budget for the Cost of the Work, authorized representatives, anticipated procurement method, and other information relevant to the Project.) « » § 1.2 The Owner’s anticipated dates for commencement of construction and Substantial Completion of the Work are set forth below: .1 Commencement of construction date: February 1st, 2014 .2

Substantial Completion date: February 1st, 2015

§ 1.3 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, 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.

AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 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. This draft was produced by AIA software at 12:27:00 on 11/06/2012 under Order No.8597719342_1 which expires on 05/08/2013, and is not for resale.

User Notes: (1633111107)

2

63

§ 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 locality 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. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 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 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 maintains, the Owner shall reimburse the Architect for any additional cost: (Identify types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if any.) .1 General Liability « » .2

Automobile Liability « »

.3

Workers’ Compensation « »

.4

Professional Liability « »

ARTICLE 3 SCOPE OF ARCHITECT’S BASIC SERVICES § 3.1 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, 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 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 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, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.

The schedule shall include allowances for periods of time required for the Owner’s review, for the performance of the Owner’s consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner’s approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction.

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§ 3.1.4 The Architect shall not be responsible for an Owner’s directive or substitution made without the Architect’s approval.

AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects.

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§ 3.1.5 The Architect shall, at appropriate times, 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. § 3.1.6 The Architect shall assist the Owner in connection with the Owner’s responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 SCHEMATIC DESIGN PHASE SERVICES § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect’s services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner’s program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project’s requirements agreed upon with the Owner, the Architect shall prepare and present for the Owner’s approval a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner’s approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner’s approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner’s program, schedule and budget for the Cost of the Work. The Owner may obtain other environmentally responsible design services under Article 4. § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner’s program, schedule and budget for the Cost of the Work. § 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner’s approval. § 3.3 DESIGN DEVELOPMENT PHASE SERVICES § 3.3.1 Based on the Owner’s approval of the Schematic Design Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner’s approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and 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.

AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects.

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§ 3.3.2 The Architect shall update the estimate of the Cost of the Work. § 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner’s approval. § 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES § 3.4.1 Based on the Owner’s approval of the Design Development Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner’s approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels 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 Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) bidding and procurement information that describes the time, place and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions).

The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. § 3.4.4 The Architect shall update the estimate for the Cost of the Work. § 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner’s approval. § 3.5 BIDDING OR NEGOTIATION PHASE SERVICES § 3.5.1 GENERAL The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner’s approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction. § 3.5.2 COMPETITIVE BIDDING § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by .1 procuring the reproduction of Bidding Documents for distribution to prospective bidders; .2 distributing the Bidding Documents to prospective bidders, requesting their return upon completion of the bidding process, and maintaining a log of distribution and retrieval and of the amounts of deposits, if any, received from and returned to prospective bidders; .3 organizing and conducting a pre-bid conference for prospective bidders; .4 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda; and .5 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. § 3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders.

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AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects.

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§ 3.5.3 NEGOTIATED PROPOSALS § 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents. § 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by .1 procuring the reproduction of Proposal Documents for distribution to prospective contractors, and requesting their return upon completion of the negotiation process; .2 organizing and participating in selection interviews with prospective contractors; and .3 participating in negotiations with prospective contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner. § 3.5.3.3 The Architect shall consider requests for substitutions, if the Proposal Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 3.6 CONSTRUCTION PHASE SERVICES § 3.6.1 GENERAL § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201™–2007, General Conditions of the Contract for Construction. If the Owner and Contractor 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 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect’s negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.3, the Architect’s responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.6.2 EVALUATIONS OF THE WORK § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or 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 Contractor, 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 Contractor. The Architect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness.

AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 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. This draft was produced by AIA software at 12:27:00 on 11/06/2012 under Order No.8597719342_1 which expires on 05/08/2013, and is not for resale.

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§ 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2007, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect’s certification for payment shall constitute a representation to the Owner, based on the Architect’s evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor’s Application for Payment, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents.

The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 SUBMITTALS § 3.6.4.1 The Architect shall review the Contractor’s submittal schedule and shall not unreasonably delay or withhold approval. The Architect’s action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect’s professional judgment to permit adequate review. § 3.6.4.2 In accordance with the Architect-approved submittal schedule, the Architect shall review and approve or take other appropriate action upon the Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor’s responsibility. The Architect’s review shall not constitute approval of safety precautions or, 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 Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor 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.

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§ 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 AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects.

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for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect’s response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 CHANGES IN THE WORK § 3.6.5.1 The Architect may 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 for the Owner’s approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 PROJECT COMPLETION § 3.6.6.1 The Architect shall 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 Contractor and forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect’s inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance.

ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below 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.

(Designate the Additional Services the Architect shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit, identify the exhibit.)

Additional Services

§ 4.1.1 § 4.1.2 § 4.1.3 § 4.1.4

Programming Multiple preliminary designs Measured drawings Existing facilities surveys

Responsibility (Architect, Owner or Not Provided) Architect Architect Owner Owner

Location of Service Description (Section 4.2 below or in an exhibit attached to this document and identified below)

AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 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. This draft was produced by AIA software at 12:27:00 on 11/06/2012 under Order No.8597719342_1 which expires on 05/08/2013, and is not for resale.

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§ 4.1.5 § 4.1.6 § 4.1.7 § 4.1.8 § 4.1.9 § 4.1.10 § 4.1.11 § 4.1.12 § 4.1.13 § 4.1.14 § 4.1.15 § 4.1.16 § 4.1.17 § 4.1.18 § 4.1.19 § 4.1.20 § 4.1.21 § 4.1.22 § 4.1.23 § 4.1.24 § 4.1.25 § 4.1.26 § 4.1.27

Site Evaluation and Planning (B203™–2007) Building information modeling Civil engineering Landscape design Architectural Interior Design (B252™–2007) Value Analysis (B204™–2007) Detailed cost estimating On-site project representation Conformed construction documents As-Designed Record drawings As-Constructed Record drawings Post occupancy evaluation Facility Support Services (B210™–2007) Tenant-related services Coordination of Owner’s consultants Telecommunications/data design Security Evaluation and Planning (B206™– 2007) Commissioning (B211™–2007) Extensive environmentally responsible design LEED® Certification (B214™–2007) Fast-track design services Historic Preservation (B205™–2007) Furniture, Furnishings, and Equipment Design (B253™–2007)

Owner Architecture Owner Owner Architect Architect Architect Architect Architect Architect Architect Owner Owner Owner Architect Architect Owner Owner Architect Architect Architect Owner Architect

§ 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect’s responsibility, if not further described in an exhibit attached to this document. « » § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement.

Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect’s schedule.

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§ 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner’s written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner’s schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the Owner’s request for extensive environmentally responsible design alternatives, such as unique system designs, in-depth material research, energy modeling, or LEED® certification; .3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner’s consultants or contractors; .5 Preparing digital data for transmission to the Owner’s consultants and contractors, or to other Owner authorized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, a public presentation, meeting or hearing; AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects.

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.8 .9 .10 .11

Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; Evaluation of the qualifications of bidders or persons providing proposals; Consultation concerning replacement of Work resulting from fire or other cause during construction; or Assistance to the Initial Decision Maker, if other than the Architect.

§ 4.3.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect for those services: .1 Reviewing a Contractor’s submittal out of sequence from the submittal schedule agreed to by the Architect; .2 Responding to the Contractor’s requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor’s proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom; or .6 To the extent the Architect’s Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion identified in Initial Information, whichever is earlier. § 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 « » ( «2 » ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor .2 « » ( «30 » ) visits to the site by the Architect over the duration of the Project during construction .3 « » ( «3 » ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 « » ( « 2 » ) inspections for any portion of the Work to determine final completion § 4.3.4 If the services covered by this Agreement have not been completed within «twelve » ( «12 » ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect’s services beyond that time shall be compensated as Additional Services.

ARTICLE 5 OWNER’S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 5.2 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; (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 Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project’s scope and quality. § 5.3 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project.

The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services.

AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 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. This draft was produced by AIA software at 12:27:00 on 11/06/2012 under Order No.8597719342_1 which expires on 05/08/2013, and is not for resale.

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§ 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.5 The Owner shall furnish services of geotechnical engineers, which may include 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. § 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect.

Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. § 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests. § 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service. § 5.10 Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Architect’s consultants through the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Architect of any direct communications that may affect the Architect’s services. § 5.11 Before executing the Contract for Construction, the Owner shall coordinate the Architect’s duties and responsibilities set forth in the Contract for Construction with the Architect’s services set forth in this Agreement.

The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress.

ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors’ general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner’s budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect, represent the Architect’s judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment; the Contractor’s methods of determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot

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AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects.

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and does not warrant or represent that bids or negotiated prices will not vary from the Owner’s budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget for the Cost of the Work. The Architect’s estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requests detailed cost estimating services, the Architect shall provide such services as an Additional Service under Article 4. § 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, through no fault of the Architect, the Owner’s budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, without additional compensation, shall modify the Construction Documents as necessary to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. The Architect’s modification of the Construction Documents shall be the limit of the Architect’s responsibility under this Article 6.

ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. § 7.2 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect’s consultants. § 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect’s Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers, as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate.

AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects.

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§ 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner’s use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s consultants.

ARTICLE 8 CLAIMS AND DISPUTES § 8.1 GENERAL § 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201–2007, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 MEDIATION § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect’s services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.

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§ 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects.

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(Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.) [ «X» ] Arbitration pursuant to Section 8.3 of this Agreement [« »]

Litigation in a court of competent jurisdiction

[« »]

Other (Specify)

« » § 8.3 ARBITRATION § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 8.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 8.3.4 CONSOLIDATION OR JOINDER § 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Agreement.

ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect’s option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects.

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incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days’ written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days’ written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days’ written notice to the Architect for the Owner’s convenience and without cause. § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. § 9.7 Termination Expenses are in addition to compensation for the Architect’s services and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect’s anticipated profit on the value of the services not performed by the Architect. § 9.8 The Owner’s rights to use the Architect’s Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 11.9.

ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201–2007, General Conditions of the Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site.

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AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects.

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§ 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect’s promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect’s materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner’s promotional materials for the Project. § 10.8 If the Architect or Owner receives information specifically designated by the other party as “confidential” or “business proprietary,” the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information.

ARTICLE 11 COMPENSATION § 11.1 For the Architect’s Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.)

Seventy-three thousand, seventy five dollars and twelve cents ($73, 075.12) § 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.)

As agreed upon by owner and architect. § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.)

As agreed upon by owner and architect. § 11.4 Compensation for Additional Services of the Architect’s consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus percent ( %), or as otherwise stated below: As agreed upon by owner and architect. § 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: Schematic Design Phase Design Development Phase Construction Documents Phase Bidding or Negotiation Phase Construction Phase Total Basic Compensation

fifteen twenty forty

percent ( percent ( percent (

15 20 40

%) %) %)

five twenty

percent ( percent (

5 20

%) %)

one hundred

percent (

100

%)

§ 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of the Cost of the Work for such portions of the Project. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced.

AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects.

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§ 11.7 The hourly billing rates for services of the Architect and the Architect’s consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Architect’s and Architect’s consultants’ normal review practices.

(If applicable, attach an exhibit of hourly billing rates or insert them below.)

Refer to attached fee proposal Employee or Category

Rate

§ 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect’s consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, models, mock-ups, professional photography, and presentation materials requested by the Owner; .8 Architect’s Consultant’s expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect’s consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project-related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect’s consultants plus eight percent ( 8 %) of the expenses incurred. § 11.9 COMPENSATION FOR USE OF ARCHITECT’S INSTRUMENTS OF SERVICE If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner’s continued use of the Architect’s Instruments of Service solely for purposes of completing, using and maintaining the Project as follows: « » § 11.10 PAYMENTS TO THE ARCHITECT § 11.10.1 An initial payment of Seven hundred and fity dollars ($ 750 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner’s account in the final invoice. § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed.

Payments are due and payable upon presentation of the Architect’s invoice. Amounts unpaid thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect.

(Insert rate of monthly or annual interest agreed upon.)

8 % monthly

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§ 11.10.3 The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding.

AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects.

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§ 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times.

ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: « » ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B101™–2007, Standard Form Agreement Between Owner and Architect .2 AIA Document E201™–2007, Digital Data Protocol Exhibit, if completed, or the following: « » .3

Other documents: (List other documents, if any, including Exhibit A, Initial Information, and additional scopes of service, if any, forming part of the Agreement.) « »

This Agreement entered into as of the day and year first written above.

OWNER

ARCHITECT

(Signature) Justin Development (Printed name and title)

(Signature) Jose Escamilla, AIA | LEED AP (Printed name and title)

AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 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. This draft was produced by AIA software at 12:27:00 on 11/06/2012 under Order No.8597719342_1 which expires on 05/08/2013, and is not for resale.

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Closing Remarks 80 166 Nassaut Street | Princeton, NJ 08542 | T. 1 609-608-2492 | F. 1 609-608-2490 | arq.com | info@arq..com

a arrQ

Q architecture | design | development

Mr. Development, As you can see, arQ is more than excited to collaborate with you and gifting the Princeton community with a project that will hopefully mark the beginning of a new urban development era.

The opportunities are innumerable and the potential is immense.

At arQ, we are passionate about what we do and your project is no exception. We plan to develop it to its full potential, together.

If you have any questions please do not hesitate to contact me.

It would be the greatest of pleasures to work with you, Mr. Development.

Respectfully yours,

Jose Escamilla, AIA | LEED AP

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