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Finance Committee - Agenda - 12/7/2016 - P45

By dnadmin on Mon, 11/07/2022 - 09:47
Document Date
Wed, 12/07/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/07/2016 - 00:00
Page Number
45
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120720…

Init.

ARTICLE 9 DISPUTE RESOLUTION

§ 9.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions
set forth in this Article 9 and Article 15 of A201—2007. However, for Claims arising from or relating to the
Construction Manager’s Preconstruction Phase services, no decision by the Initial Decision Maker shall be required
as a condition precedent to mediation or binding dispute resolution, and Section 9.3 of this Agreement shall not

apply.

§ 9.2 For any Ciaim subject to, but not resolved by mediation pursuant to Section 15.3 of ALA Document
A201-2007, the method of binding dispute resolution shall be as follows:

(Check the appropriate box. If the Owner and Construction Manager 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, Claims will be resolved by litigation in a court of competent jurisdiction.)

[ X ] Arbitration pursuant to Section 15.4 of AIA Document A201—2007
[ ] Litigation in a court of competent jurisdiction

[ ] Other: (Specify)

§ 9.3 Initial Decision Maker

The Architect will serve as the Initial Decision Maker pursuant to Section 15.2 of AIA Document A201—2007 for
Claims arising from or relating to the Construction Manager’s Construction Phase services, unless the parties
appoint below another individual, not a party to the Agreement, to serve as the Initial Decision Maker.

(If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker,
if other than the Architect.)

ARTICLE 10 TERMINATION OR SUSPENSION

§ 10.1 Termination Prior to Establishment of the Guaranteed Maximum Price

§ 10.1.1 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this
Agreement upon not less than seven days’ written notice to the Construction Manager for the Owner’s convenience
and without cause, and the Construction Manager may terminate this Agreement, upon not less than seven days’
written notice to the Owner, for the reasons set forth in Section 14.1.1 of A201—2007.

§ 10.1.2 In the event of termination of this Agreement pursuant to Section 10.1.1, the Construction Manager shall be
equitably compensated for Preconstruction Phase services performed prior to receipt of a notice of termination. In no
event shall the Construction Manager’s compensation under this Section exceed the compensation set forth in
Section 4.1.

§ 10.1.3 If the Owner terminates the Contract pursuant to Section 10.1.1 after the commencement of the
Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment, the Owner shall pay
to the Construction Manager an amount calculated as follows, which amount shall be in addition to any
compensation paid to the Construction Manager under Section 10.1.2:
.1. Take the Cost of the Work incurred by the Construction Manager to the date of termination;
.2._ Add the Construction Manager’s Fee computed upon the Cost of the Work to the date of termination
at the rate stated in Section 5.1 or, if the Construction Manager’s Fee is stated as a fixed sum in that
Section, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time
of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion;
and
.3 Subtract the aggregate of previous payments made by the Owner for Construction Phase services.

AIA Document A133™ = 2009 (formerly A121™CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA® 16
Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.

This document was produced by AIA software at 14:07:26 on 11/18/2016 under Order No.7150521749_1 which expires on 10/03/2017, and is not for resale.

User Notes: (1936421746)

Page Image
Finance Committee - Agenda - 12/7/2016 - P45

Finance Committee - Agenda - 12/7/2016 - P46

By dnadmin on Mon, 11/07/2022 - 09:47
Document Date
Wed, 12/07/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/07/2016 - 00:00
Page Number
46
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120720…

Init.

The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of
the Owner, for any equipment owned by the Construction Manager which the Owner elects to retain and which is
not otherwise included in the Cost of the Work under Section 10.1.3.1. To the extent that the Owner elects to take
legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall,
as a condition of receiving the payments referred to in this Article 10, execute and deliver all such papers and take
all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction
Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the
Construction Manager under such subcontracts or purchase orders. All Subcontracts, purchase orders and rental
agreements entered into by the Construction Manager will contain provisions allowing for assignment to the Owner
as described above.

If the Owner accepts assignment of subcontracts, purchase orders or rental agreements as described above, the
Owner will reimburse or indemnify the Construction Manager for all costs arising under the subcontract, purchase
order or rental agreement, if those costs would have been reimbursable as Cost of the Work if the contract had not
been terminated. If the Owner chooses not to accept assignment of any subcontract, purchase order or rental
agreement that would have constituted a Cost of the Work had this agreement not been terminated, the Construction
Manager will terminate the subcontract, purchase order or rental agreement and the Owner will pay the Construction
Manager the costs necessarily incurred by the Construction Manager because of such termination.

§ 10.2 Termination Subsequent to Establishing Guaranteed Maximum Price
Following execution of the Guaranteed Maximum Price Amendment and subject to the provisions of Section 10.2.1
and 10.2.2 below, the Contract may be terminated as provided in Article 14 of AIA Document A201—2007.

§ 10.2.1 If the Owner terminates the Contract after execution of the Guaranteed Maximum Price Amendment, the
amount payable to the Construction Manager pursuant to Sections 14.2 and 14.4 of A201—2007 shall not exceed the
amount the Construction Manager would otherwise have received pursuant to Sections 10.1.2 and 10.1.3 of this
Agreement.

§ 10.2.2 If the Construction Manager terminates the Contract after execution of the Guaranteed Maximum Price
Amendment, the amount payable to the Construction Manager under Section 14.1.3 of A201—2007 shall not exceed
the amount the Construction Manager would otherwise have received under Sections 10.1.2 and 10.1.3 above,
except that the Construction Manager’s Fee shall be calculated as if the Work had been fully completed by the
Construction Manager, utilizing as necessary a reasonable estimate of the Cost of the Work for Work not actually
completed.

§ 10.3 Suspension

The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201—2007. In such case,
the Guaranteed Maximum Price and Contract Time shall be increased as provided in Section 14.3.2 of AIA
Document A201—2007, except that the term "profit" shall be understood to mean the Construction Manager’s Fee as
described in Sections 5.1 and 5.3.5 of this Agreement.

ARTICLE 11 MISCELLANEOUS PROVISIONS
§ 11.14 Terms in this Agreement shall have the same meaning as those in A201—2007.

§ 11.2 Ownership and Use of Documents
Section 1.5 of A201—2007 shali apply to both the Preconstruction and Construction Phases.

§ 11.3 Governing Law
Section 13.1 of A201—2007 shall apply to both the Preconstruction and Construction Phases.

§ 11.4 Assignment

The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal
representatives to this Agreement. Neither the Owner nor the Construction Manager 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.
Except as provided in Section 13.2.2 of A201—2007, neither party to the Contract shall assign the Contract as a

AIA Document A133™ — 2009 (formerly A121™CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlIA® 17
Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.

This document was produced by AIA software at 14:07:26 on 11/18/2016 under Order No.7150521749_1 which expires on 10/03/2017, and is not for resale.

User Notes: (1936421746)

Page Image
Finance Committee - Agenda - 12/7/2016 - P46

Finance Committee - Agenda - 12/7/2016 - P47

By dnadmin on Mon, 11/07/2022 - 09:47
Document Date
Wed, 12/07/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/07/2016 - 00:00
Page Number
47
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120720…

whole without written consent of the other. If either party attempts to make such an assignment without such
consent, that party shall nevertheless remain legally responsible for all obligations under the Contract.

§ 11.5 Other provisions:

ARTICLE 12 SCOPE OF THE AGREEMENT

§ 12.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction
Manager 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 Construction Manager.

§ 12.2 The following documents comprise the Agreement:
1 AIA Document A133—2009, Standard Form of Agreement Between Owner and Construction
Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a
Guaranteed Maximum Price
2. AJA Document A201—2007, General Conditions of the Contract for Construction
3 AIA Document E201™ —2007, Digital Data Protocol Exhibit, if completed, or the following:

4 ~~ ATA Document E202™-—2008, Building Information Modeling Protocol Exhibit, if completed, or the
following:

. Other documents:
(List other documents, if any, forming part of the Agreement.)

| List bid documents ( These will all be summarized on Attachment A once developed )

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

EE Oa

OWNER (Signature) CONSTRUCTION MANAGER (Signature)
Keith McBey, President
(Printed name and title) (Printed name and title)

AIA Document A133™ — 2009 (formerly A121™CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 18
Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.

| This document was produced by AIA software at 14:07:26 on 11/18/2016 under Order No.7150521749_1 which expires on 10/03/2017, and is not for resale.

User Notes: (1936421746)

Init.

Page Image
Finance Committee - Agenda - 12/7/2016 - P47

Finance Committee - Agenda - 12/7/2016 - P48

By dnadmin on Mon, 11/07/2022 - 09:47
Document Date
Wed, 12/07/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/07/2016 - 00:00
Page Number
48
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120720…

Additions and Deletions Report for
AIA’ Document A133™ - 2009

This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has
added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from
the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text.

Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any
part of the associated AIA document. This Additions and Deletions Report and its associated document were generated
simultaneously by AIA software at 14:07:26 on 11/18/2016.

PAGE 1

AGREEMENT made as of the 21st__ day of November __in the year 2016

City Of Nashua New Hampshire
229 Main Street

Nashua, New Hampshire 03060

Bonnette, Page & Stone Corp
91 Bisson Avenue

Laconia, NH 03246
Ph # 603-524-3411

Renovations and Addition to
Nashua Fire Station 3

124 Spit Brook Road
Nashua, New Hampshire 03060

Port One Architects, Inc., Professional Corporation

959 Islington Street
Portsmouth, New Hampshire 03801

Steven Galipeau, Fire Chief __City of Nashua
70 East Hollis Street

Nashua, New Hampshire 03060

Keith McBey, President

PAGE 2

Email Address: randy@bpsnh.com

Additions and Deletions Report for AIA Document A133™ — 2009 (formerly A121™CMc — 2003). Copyright © 1991, 2003 and 2009 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
the maximum extent possible under the law. This document was produced by AIA software at 14:07:26 on 11/18/2016 under Order No.7150521749_1 which
expires on 10/03/2017, and is not for resale.

User Notes: (1936421746)

Page Image
Finance Committee - Agenda - 12/7/2016 - P48

Finance Committee - Agenda - 12/7/2016 - P49

By dnadmin on Mon, 11/07/2022 - 09:47
Document Date
Wed, 12/07/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/07/2016 - 00:00
Page Number
49
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120720…

Kelly Davis ATA

Port One Architects Inc.

959 Islington Street

Portsmouth, New Hampshire 03801

PAGE 3

The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Bid documents, Addenda issued prior to the execution of this Agreement,
other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which
form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. Upon
the Owner’s acceptance of the Construction Manager’s Guaranteed Maximum Price proposal, the Contract
Documents will also include the documents described in Section 2.2.3 and identified in the Guaranteed Maximum
Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 2.2.8.
The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior
negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents,
other than a Modification, is inconsistent with this Agreement, this Agreement shall govern.

PAGE 8
§ 3.2.1 Legal Requirements. The Owner shall furnish all degal-insurance-legal and accounting services, including

auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and
interests.

N/A

PAGE 9

§ 4.2.2 Payments are due and payable u

cra = e O61Ge-4 e D

—%—within 30 days of the Construction Manager’s invoice.

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

TBD

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

PAGE 12

Additions and Deletions Report for AIA Document A133™ - 2009 (formerly A121™CMc — 2003). Copyright © 1991, 2003 and 2009 by The American

Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 2
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to

the maximum extent possible under the law. This document was produced by AIA software at 14:07:26 on 11/18/2016 under Order No.7150521749_1 which

expires on 10/03/2017, and is not for resale.
User Notes: (1936421746)

Page Image
Finance Committee - Agenda - 12/7/2016 - P49

Finance Committee - Agenda - 12/7/2016 - P50

By dnadmin on Mon, 11/07/2022 - 09:47
Document Date
Wed, 12/07/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/07/2016 - 00:00
Page Number
50
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120720…

PAGE 13

§ 7.1.3 Provided that an Application for Payment is received by the Architect not later than the 25th __day ofa
month, the Owner shall make payment of the certified amount to the Construction Manager not later than the 25th
day of the following month. If an Application for Payment is received by the Architect after the application date
fixed above, payment shall be made by the Owner not later than thirty (30 __) days after the Architect receives
the Application for Payment.

PAGE 14

3 Add the Construction Manager’s Fee, less retainage of five percent( 5%). The Construction
Manager’s Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1 or, if the
Construction Manager’s Fee is stated as a fixed sum in that Section, shall be an amount that bears the
same ratio to that fixed-sum fee as the Cost of the Work bears to a reasonable estimate of the
probable Cost of the Work upon its completion;

4 Subtract retainage of five _percent( 5%) from that portion of the Work that the Construction
Manager self-performs;

PAGE 15

For all phases of the Project, the Construction Manager and-the-Owner-shall purchase and maintain insurance, and
the Construction Manager shall provide bonds as set forth in Article 11 of AIA Document A201—2007.

Performance & Payment Bonds 100% of construction GMP
Automobile Liability $ 1,000,000.00 each accident
Commercial General Liability $ 1,000,000.00 each occurrence, $ 2,000,000.00 Aggregate
General Liability Umbrella $ 10,000,000.00
Property Insurance shall be by owner $ 1,000.00 deductible per occurrence
PAGE 16

{ X_] Arbitration pursuant to Section 15.4 of AIA Document A201-2007
PAGE 18
List bid documents ( These will all be summarized _ on Attachment A once developed )

Keith McBey, President

Additions and Deletions Report for AIA Document A133™ - 2009 (formerly A121™CMc — 2003). Copyright © 1991, 2003 and 2009 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
the maximum extent possible under the law. This document was produced by AIA software at 14:07:26 on 11/18/2016 under Order No.7150521749_1 which

expires on 10/03/2017, and is not for resale.
User Notes: (1936421746)

3

Page Image
Finance Committee - Agenda - 12/7/2016 - P50

Finance Committee - Agenda - 12/7/2016 - P51

By dnadmin on Mon, 11/07/2022 - 09:47
Document Date
Wed, 12/07/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/07/2016 - 00:00
Page Number
51
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120720…

Certification of Document’s Authenticity
AIA® Document D401™ — 2003

I, Keith McBey, hereby certify, to the best of my knowledge, information and belief, that I created the attached final
document simultaneously with its associated Additions and Deletions Report and this certification at 14:07:26 on
11/18/2016 under Order No. 7150521749_1 from AIA Contract Documents software and that in preparing the
attached final document I made no changes to the original text of AIA® Document A133™ — 2009, Standard Form
of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of
the Work Plus a Fee with a Guaranteed Maximum Price, as published by the AIA in its software, other than those
additions and deletions shown in the associated Additions and Deletions Report.

(Signed)

(Title)

(Dated)

AIA Document D401™ — 2003. Copyright © 1992 and 2003 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 AlA® Document, or any portion of it, 4
may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by

AIA software at 14:07:26 on 11/18/2016 under Order No.7150521749_1 which expires on 10/03/2017, and is not for resale.

User Notes: (1936421746)

Page Image
Finance Committee - Agenda - 12/7/2016 - P51

Finance Committee - Agenda - 12/7/2016 - P52

By dnadmin on Mon, 11/07/2022 - 09:47
Document Date
Wed, 12/07/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/07/2016 - 00:00
Page Number
52
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120720…

"ATA pocument A201" - 2007

General Conditions of the Contract for Construction

for the following PROJECT:

(Name and location or address)

Nashua Fire Station # 3- Spit Brook Road
ADDITIONS AND DELETIONS:

The author of this document has

Na own ER: tat d address) added information needed for its
Cito Na h alus and address completion. The author may also
096 y . asnua have revised the text of the original
9 Main Street AIA standard form. An Additions and
Nashua, NH 03060 Deletions Report that notes added
information as well as revisions to
THE ARCHITECT the standard form text is available
: from the author and should be
(Name, legal status and address) reviewed. A vertical line in the left
Port One Architects margin of this document indicates
959 Islington Street where the author has added
Portsmouth, NH 03801 necessary information and where
the author has added to or deleted
TABLE OF ARTICLES from the original AIA text.
This document has important legal
1 GENERAL PROVISIONS consequences. Consultation with an
attorney is encouraged with respect
2 OWNER to its completion or modification.
3 CONTRACTOR
4 ARCHITECT
5 SUBCONTRACTORS
6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
7 CHANGES IN THE WORK
8 TIME
9 PAYMENTS AND COMPLETION

10 PROTECTION OF PERSONS AND PROPERTY

11 INSURANCE AND BONDS

12 UNCOVERING AND CORRECTION OF WORK

13 MISCELLANEOUS PROVISIONS

14 TERMINATION OR SUSPENSION OF THE CONTRACT

15 CLAIMS AND DISPUTES

AIA Document A201™ — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American

Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 1
reproduction or distribution of this AIA®° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
/ the maximum extent possible under the law. This document was produced by AIA software at 08:39:36 on 11/21/2016 under Order No.7150521749_1 which

expires on 10/03/2017, and is not for resale.
User Notes: (844049242)

Page Image
Finance Committee - Agenda - 12/7/2016 - P52

Finance Committee - Agenda - 12/7/2016 - P53

By dnadmin on Mon, 11/07/2022 - 09:47
Document Date
Wed, 12/07/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/07/2016 - 00:00
Page Number
53
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120720…

Init.

INDEX
(Topics and numbers in bold are section headings.)

Acceptance of Nonconforming Work

9.6.6, 9.9.3, 12.3

Acceptance of Work

9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3

Access to Work

3.16, 6.2.1, 12.1

Accident Prevention

10

Acts and Omissions

3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5,
10.2.8, 13.4.2, 13.7, 14.1, 15.2

Addenda

1.1.1, 3.11

Additional Costs, Claims for

3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 10.3, 15.1.4
Additional Inspections and Testing

9.4.2, 9.8.3, 12.2.1, 13.5

Additional Insured

11.1.4

Additional Time, Claims for

3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.5
Administration of the Contract

3.1.3, 4.2, 9.4, 9.5

Advertisement or Invitation to Bid

1.1.1

Aesthetic Effect

4.2.13

Allowances

3.8, 7.3.8

All-risk Insurance

11.3.1, 11.3.1.1

Applications for Payment

4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7, 9.10,
11.1.3

Approvals

2.1.1, 2.2.2, 2.4, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10,
4.2.7, 9.3.2, 13.5.1

Arbitration

8.3.1, 11.3.10, 13.1, 15.3.2, 15.4
ARCHITECT

4

Architect, Definition of

4.1.1

Architect, Extent of Authority

2.4, 3.12.7, 4.1, 4.2, 5.2, 6.3, 7.1.2, 7.3.7, 7.4, 9.2,
9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1,
13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1
Architect, Limitations of Authority and
Responsibility

2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2,
4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4,
9.4.2, 9.5.3, 9.6.4, 15.1.3, 15.2

Architect’s Additional Services and Expenses

2.4, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4
Architect’s Administration of the Contract

3.1.3, 4.2, 3.7.4, 15.2, 9.4.1, 9.5

Architect’s Approvals

2.4, 3.1.3, 3.5, 3.10.2, 4.2.7

Architect’s Authority to Reject Work

3.5, 4.2.6, 12.1.2, 12.2.1

Architect’s Copyright

1.1.7, 1.5

Architect’s Decisions

3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3,
7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1,
13.5.2, 15.2, 15.3

Architect’s Inspections

3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.5
Architect’s Instructions

3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.5.2

Architect’s Interpretations

4.2.11, 4.2.12

Architect’s Project Representative

4.2.10

Architect’s Relationship with Contractor

1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5,
3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18,
4.1.2, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5,
9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5,
15.2

Architect’s Relationship with Subcontractors

1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3.7
Architect’s Representations

9.4.2, 9.5.1, 9.10.1

Architect’s Site Visits

3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5
Asbestos

10.3.1

Attorneys’ Fees

3.18.1, 9.10.2, 10.3.3

Award of Separate Contracts

6.1.1, 6.1.2

Award of Subcontracts and Other Contracts for
Portions of the Work

5.2

Basic Definitions

ii

Bidding Requirements

1.1.1, 5.2.1, 11.4.1

Binding Dispute Resolution

9.7, 11.3.9, 11.3.10, 13.1, 15.2.5, 15.2.6.1, 15.3.1,
15.3.2, 15.4.1

Boiler and Machinery Insurance

11.3.2

Bonds, Lien

7.3.7.4, 9.10.2, 9.10.3

Bonds, Performance, and Payment

7.3.7.4, 9.6.7, 9.10.3, 11.3.9, 11.4

AIA Document A201™ — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 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 document was produced by AIA software at 08:39:36 on 11/21/2016 under Order No.7150521749_1 which

expires on 10/03/2017, and is not for resale.
User Notes:

(844049242)

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Page Image
Finance Committee - Agenda - 12/7/2016 - P53

Finance Committee - Agenda - 12/7/2016 - P54

By dnadmin on Mon, 11/07/2022 - 09:47
Document Date
Wed, 12/07/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/07/2016 - 00:00
Page Number
54
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120720…

Init.

Building Permit

3.7.1

Capitalization

1.3

Certificate of Substantial Completion

9.8.3, 9.8.4, 9.8.5

Certificates for Payment

4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7,
9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.3

Certificates of Inspection, Testing or Approval
13.5.4

Certificates of Insurance

9.10.2, 11.1.3

Change Orders

1.1.1, 2.4, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8,
5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.6, 7.3.9, 7.3.10,
8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9,
12.1.2, 15.1.3

Change Orders, Definition of

7.2.1

CHANGES IN THE WORK

2.2.1, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3.1.1,
11.3.9

Claims, Definition of

15.1.1

CLAIMS AND DISPUTES

3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4
Claims and Timely Assertion of Claims

15.4.1

Claims for Additional Cost

3.2.4, 3.7.4, 6.1.1, 7.3.9, 10.3.2, 15.1.4

Claims for Additional Time

3.2.4, 3.7.4, 6.1.1, 8.3.2, 10.3.2, 15.1.5

Concealed or Unknown Conditions, Claims for
3.7.4

Claims for Damages

3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1,
11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6

Claims Subject to Arbitration

15.3.1, 15.4.1

Cleaning Up

3.15, 6.3

Commencement of the Work, Conditions Relating to
2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3,
6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.3.1, 11.3.6, 11.4.1,
15.1.4

Commencement of the Work, Definition of

8.1.2

Communications Facilitating Contract
Administration

3.9.1, 4.2.4

Completion, Conditions Relating to

3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1,
9.10, 12.2, 13.7, 14.1.2

COMPLETION, PAYMENTS AND

9

Completion, Substantial

4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3,
12.2, 13.7

Compliance with Laws

1.6, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 10.2.2,
11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1,
14,2.1.3, 15.2.8, 15.4.2, 15.4.3

Concealed or Unknown Conditions

3.7.4, 4.2.8, 8.3.1, 10.3

Conditions of the Contract

1.1.1, 6.1.1, 6.1.4

Consent, Written

3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1,
9.10.2, 9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.2
Consolidation or Joinder

15.4.4

CONSTRUCTION BY OWNER OR BY
SEPARATE CONTRACTORS

1.1.4, 6

Construction Change Directive, Definition of
7.3.1

Construction Change Directives

1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3,
9.3.1.1

Construction Schedules, Contractor’s

3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2

Contingent Assignment of Subcontracts

5.4, 14.2.2.2

Continuing Contract Performance

15.1.3

Contract, Definition of

1.1.2

CONTRACT, TERMINATION OR
SUSPENSION OF THE

5.4.1.1, 11.3.9, 14

Contract Administration

3.1.3, 4, 9.4, 9.5

Contract Award and Execution, Conditions Relating
to

3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.3.6, 11.4.1
Contract Documents, Copies Furnished and Use of
1.5.2, 2.2.5, 5.3

Contract Documents, Definition of

1.1.1

Contract Sum

3.7.4, 3.8, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4,
9.6.7, 9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4,
15.2.5

Contract Sum, Definition of

9.1

Contract Time

3.7.4, 3.7.5, 3.10.2, 5.2.3, 7.2.1.3, 7.3.1, 7.3.5, 7.4,
8.1.1, 8.2.1, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2,
15.1.5.1, 15.2.5

Contract Time, Definition of

8.1.1

AIA Document A201™ — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 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 document was produced by AIA software at 08:39:36 on 11/21/2016 under Order No.7150521749_1 which

expires on 10/03/2017, and is not for resale.
User Notes:

(844049242)

3

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