Skip to main content

Main navigation

  • Documents
  • Search

User account menu

  • Log in
Home
Nashua City Data

Breadcrumb

  1. Home
  2. Search

Search

Displaying 21631 - 21640 of 38765

Board Of Aldermen - Agenda - 12/14/2021 - P96

By dnadmin on Mon, 11/07/2022 - 07:12
Document Date
Fri, 12/10/2021 - 16:23
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 12/14/2021 - 00:00
Page Number
96
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__121420…

rit

§ 7.1.10 In taking action on the Construction Manager’s Applications for Payment, the Architect shall be entitled to
rely on the accuracy and completeness of the information furnished by the Construction Manager and shall not be
deemed to represent that the Architect has made a detaited examination, audit or arithmetic verification of the
documentation submitted in accordance with Section 7.1.4 or other supporting data, that the Architect has made
exhaustive or continuous on-site inspections; or that the Architect has made examinations to ascertain how or for
what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such
examinations, audits and verifications. if required by the Owner, will be performed by the Owner’s auditors acting
in the sole interest of the Owner

§ 7.2 Finat Payment
§ 7.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the

Construction Manager when
1 the Construction Manager has fully performed the Contract except for the Construction Manager's
responsibility to correct Work as provided in Section 12.2.2 of AJA Document A201 2007, and to
satisfy other requirements, if any, which extend beyond final payment,
.2 the Construction Manager bas submitted a final accounting for the Cost ofthe Work and a final
Application for Payment; and
3. a final Certificate for Payment has been issued by the Architect.

The Owner’s final payment to the Construction Manager shall be made no later than 30 days after the issuance of
the Architect's final Certificate for Payment, or as follows

§ 7.2.2 The Owner's auditors will review and report in writing on the Construction Manager's final accounting
within 30 days after delivery of the final accounting to the Architect by the Construction Manager. Based upon such
Cost of the Work as the Owner's auditors report to be substantiated by the Construction Manager's final accounting,
and provided the other conditions of Section 7.2.1 have been met, the Architect will, within seven days after receipt
of the written report of the Owner's audttors, either issue to the Owner a final Certificate for Payment with a copy to
the Construction Manager, or notify the Construction Manager and Owner in writing of the Architect’s reasons for
withholding a certificate as provided in Section 9.5.1 of the AIA Document A201 2007 The time periods stated in
this Section supersede those slated in Section 9 4.1 of the AIA Document A201 2007. The Architect is not
responsible for venfying the accuracy of the Construction Manager's final accounting

§ 7.2.3 If the Owner's auditors report the Cost of the Work as substantiated by the Constniction Manager’s final
accounting to be less than claimed by the Construction Manager, the Construction Manager shall be entitled to
request mediation ofthe disputed amount without seeking an initial decision pursuant to Section 15 2 of A201-
2007. A request for mediation shall be made by the Construction Manager within 30 days after the Constniction
Manager’s receipt of a copy of the Architect's final Certificate for Payment. Failure to request mediation within this
30-day period shall result in the substantiated amount reported by the Owner's auditors becoming binding on the
Construction Manager Pending a final resoluticn of the disputed amount, the Owner shall pay the Construction
Manager the amount certified in the Architect's final Certificate for Payment

§ 7.2.4 If, subsequent to final payment and at the Owner's request, the Construction Manager incurs costs described
in Section 6.1 1 and not excluded by Section 6.8 to conect defective or nonconforming Work, the Owner shall
reimburse the Construction Manager sich costs and the Construction Manager’s Fee applicable thereto on the same
basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price.
{f the Construction Manager has participated in savings as provided in Section 5.2.1, the amount of such savings
shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the
Owner to the Construction Manager

ARTICLE 8 INSURANCE AND BONDS
For all phases of the Project, the Construction Manager shall purchase and maintain insurance, and the Construction

Manager shall provide bonds as set forth in Article 11 of AA Document A201-2007
(State bending requtrem nts, ffany, and lintts of hability for insurance required in Article 11 af ATA
DoctumentA 201-200: )

AIA Document! A133™ — 2009 {formerly A121'™CMc - 2003) Copynghl @ 1991 2003 and 2009 by The Ame tcan Inslilute of Archdecis All nghis reserved
The “Amencan Inst lwie ol Archilecis,” “AIA,” the AIA Logo, and “AIA Contac] Documenis” are regisiered trademarks and may noi be used wilhout permissiae
Th's document was produ: ed by Ata software at 11 19:33 ET on 05/04/2021 under Orde. No 4797552925 which expires on OW2U2N21, 1s not for resale, is
heensed for one time use only a -d may only be used in accordance wih the AIA Conlracl Documents? Te-ms of Service To report copyright violations, e wal

copyright@ara arg
User Noles {2BSANAGE:

15

Page Image
Board Of Aldermen - Agenda - 12/14/2021 - P96

Board Of Aldermen - Agenda - 12/14/2021 - P97

By dnadmin on Mon, 11/07/2022 - 07:12
Document Date
Fri, 12/10/2021 - 16:23
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 12/14/2021 - 00:00
Page Number
97
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__121420…

init.

Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00)

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

ARTICLES 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 Ciaims 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 Claim subject to, but not resolved by mediation pursuant to Section 15.3 of AIA Document AZ0I
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 jurisdtction.)

{X] Litigation in New Hampshire Superior Court Hillsborough South

( } 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 part:es
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

§ 10.4 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 nol less than seven days’
wnitten notice to the Owner, for the reasons set forth in Scction 14.1.1 of A201 2007.

§ 10.1.2 In the event of termination of this Agreement pursuant to Section 10.1.1, the Canstruction 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 Qwner 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
Construclion 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

A Take the Cost of the Work incurred by the Construction Manager to the date of termination,

AIA Document A133™ = 2009 (formerly A121™CMc - 2003). Copyright © 1994, 2003 and 2009 by The American Inslilule of Architects. All mghls reserved
The “Ame: can Instiute of Architects,” “AIA, the ALA Logo. and “AIA Contract Oocuments” are registered lrademarks and may not be used withaut pecmiss on
This docume-t was produced by AIA sollware at 11.15 33 ET an 05/04/2021 under Order No.4797552925 which expires on 09/23/2021, is nol for resale, is
tcensed for one-lime use only, and may only be used in accordance wilh the AIA Contact Documents” Terms of Service To report copyright violations, e-mail
copyrighi@ara org

User Noles (38S9ADAGE}

16

Page Image
Board Of Aldermen - Agenda - 12/14/2021 - P97

Board Of Aldermen - Agenda - 12/14/2021 - P98

By dnadmin on Mon, 11/07/2022 - 07:12
Document Date
Fri, 12/10/2021 - 16:23
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 12/14/2021 - 00:00
Page Number
98
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__121420…

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 ip that
Section, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time
of termsnation bears to a reasonable estimate of the probable Cost of the Work upon tts completion,

and
+ Subtract the aggregate of previous payments made by the Owner for Construction Phase services

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 tncluded 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 refered 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 wall 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 A20! 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 pursuaal 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 nat 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
§ 11.1 Terms inthis Agreement shall have the same meaning as those in A201~2007

§ 11.2 Ownership and Use of Documents
Section 1.5 of A20t-2007 shall apply to both the Preconstruction and Construction Phases.

§ 11.3 Governing Law
Section 13.1 of A20!-2007 shall apply to both the Preconstruction and Construction Phases.

. AIA Document A133” - 2009 (formerly A121'™ CMe - 2003), Copyright © 1991, 2003 and 2009 by The American instilute of Architects. All rights reserved
Init. The “Amencan Inshitule of Archiects,* “AFA,* the AIA Logo, and ‘AIA Contract Documents” are registered trademarks and may not be used w ihoul pe: mission 17
This document was produced by AIA soltwase at 11 15.33 ET 0: 06/04/2021 under Order No 4797552925 which sapires on 09/23/2021, is not for resale. is
licensed fos one-lime use only, and may anly be used in accordance wih the A‘A Contract Documents? Terms ol Service. To report copyrighi violations. e-mail

copyright@aia org.
User Noles: (IJB9SADA4E)

Page Image
Board Of Aldermen - Agenda - 12/14/2021 - P98

Board Of Aldermen - Agenda - 12/14/2021 - P99

By dnadmin on Mon, 11/07/2022 - 07:12
Document Date
Fri, 12/10/2021 - 16:23
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 12/14/2021 - 00:00
Page Number
99
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__121420…

init

§ 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 Proyect 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
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:

A ATA Document AI33 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

AlA Document A201 2007, General Conditions of the Contract for Construction
4 AIA Document E201" 2007, Digital Data Protocol Exhibit, if completed, or the following

ce

4 AIA Document E202™ 2008, Building Information Modeling Protocol Exhibit, if completed, or the
following

5 Other documents:
(List other documents, ifany forming part of the Agreement.)

List bid documents

OWNER(Signature) 4 ZESARS TON AEURTER gate
ryltld Hy © STIZULEVWS
(Printed name aad fitle) (Printed name and title)

Pec Steere

AIA Document A133” - 2009 (formerty A121™ Cite - 2003). Copyright © 1991. 2003 and 2009 by The Amencan Inst lute of Architects All nghts taserved
The ‘American Institute of Arctutects,” “AIA,” the AIA Lago, and "AIA Contract Gaocumenis” ara registered dradema'ks and may nat be used without permssion
Ths document was produced by A'A software al 11 15.33 ET on 05:104°2021 under Order No 4797552925 which expires on 09/23/2021, is not lor resale is
Ucensed for one-time use only, and may only be used in accordance with Ihe AlA Coniract Documents® Terms of Service To report copyright violations, ¢-mail

copynght@aia org
User Notes: (389A0A4E)

14

Page Image
Board Of Aldermen - Agenda - 12/14/2021 - P99

Board Of Aldermen - Agenda - 12/14/2021 - P100

By dnadmin on Mon, 11/07/2022 - 07:12
Document Date
Fri, 12/10/2021 - 16:23
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 12/14/2021 - 00:00
Page Number
100
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__121420…

Certification of Document's Authenticity
AIA® Document D401™ —- 2003

1, Willam E Stevens, hereby certify, to the best of my knowledge, information and belief, that I created the attached
final document simultaneously with its associated Additrons and Deletions Report and this certification at 11 15°33
ET on 05/04/2021 under Order No. 4797552925 from AIA Contract Documents software and that in preparing the
attached final dosument I made no changes to the original text of AJA® Document A133™ - 2009, Standard Form of

Agreemep en Owner and Construction Manager as Constructor where the basis of payment is the Cost of the
werent a Guaranleed Maximum Price, as pyblished by the AJA in its software, other than those

addi fiops tions shown tn the associated Addit 3 and Deletions Report

(Signed) ~ C4

} _—
FFES OED?
(Tule)

2S LOotf 107 /
(Dated) J

AIA Document 0491" — 2003. Copyright @ 1992 and 2003 by The Amenican Inslilute of Azchilecls, All righls teserved. The “American insulute of Architects
Ala," the AJA Logo and “AIA Contract Documenis* are segisiared lrademarks and may nul be used anihoul permission This dacument was produced by AIA
soltware al 14:15 33 ET on 05/64/2021 under Order No.4797552925 which expires on 09/23/2021, is nol for resale, is icensed for one-time use anty, and may only
be used in accovdance with the AlA Contract Documenis® Terms of Service. To repon copyright violations, e-mail copyrighl@aia org.

User Noles: (3B9ADA4E)

Page Image
Board Of Aldermen - Agenda - 12/14/2021 - P100

Board Of Aldermen - Agenda - 12/14/2021 - P101

By dnadmin on Mon, 11/07/2022 - 07:12
Document Date
Fri, 12/10/2021 - 16:23
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 12/14/2021 - 00:00
Page Number
101
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__121420…

Init

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

Construction of a New D.P.W. Administration Office Building

840 W. Hollis Street
Nashua, New Hampshire 03062

THE OWNER:

(Name, legal status and address)
City of Nashua

229 Main Street

Nashua, New Hampshire 03060

THE ARCHITECT:

(Name, legal status and address)
HKT Architects

24 Roland Street, Suite 301
Charlestown, MA 02129

TABLE OF ARTICLES
1 GENERAL PROVISIONS
2 OWNER

3 CONTRACTOR
4 ARCHITECT

5 SUBCONTRACTORS

§ CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS

7 CHANGES IN THE WORK

a TIME

9 PAYMENTS AND COMPLETION

10 PROTECTION OF PERSONS AND PROPERTY

1 INSURANCE AND BONDS

12 UNCOVERING AND CORRECTION OF WORK
13 MISCELLANEOUS PROVISIONS

14 TERMINATION OR SUSPENSION OF THE CONTRACT

5 CLAIMS AND DISPUTES

WATA pocument a201" - 2007

General Conditions of the Contract for Construction

ADDITIONS ANO 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 frora
the author and should be reviewed. A
vertical line in Ihe teft margin of this
document indicates where the author
has added necessary information
and where the author has added to or
deleted from the original AIA text.

This document has important legal
consequences. Consuttation with an
attorney is encouraged with respect
to its comptetion or modification.

AIA Document A204™ — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976. 1987, 1997 and 2007 by The American
Institute ol Aschitacls. Alb rights reserved WARNING: This AIA* Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized
rapraduction 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 pos sible under the law. This decument was produced by AIA software at 14.10:20 ET on 01/10/2020 under Order No 1403731939 which

expires on 09/22/2020. and is not far resa'e
User Notes:

(1148984853)

4

Page Image
Board Of Aldermen - Agenda - 12/14/2021 - P101

Board Of Aldermen - Agenda - 12/14/2021 - P102

By dnadmin on Mon, 11/07/2022 - 07:12
Document Date
Fri, 12/10/2021 - 16:23
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 12/14/2021 - 00:00
Page Number
102
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__121420…

init,

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

Acceptance of Nonconforming Work

9.6.6, 9.93, 12,3

Acceptance of Work

9 6.6,9.82,993,9101, 9.10.3, 12.3

Access to Work

3.16, 6.2.1, 12.[

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 t, 15.2

Addenda

1.1, 3.11

Additional Costs, Claums for

3.7.4, 3.7.5, 61.1, 7.3.7.5, 10.3, 15.1.4

Additional Inspections and Testing

94.2, 9.8.3, 12.2.1, 13.5

Additional Insured

11.1.4

Additiocal 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

Advenisement or Invitation to Bid

1.1.1

Aesthetic Effect

4.2.13

Allowances

3.8,73.8

All-risk Insurance

11.3.1, 113.11

Applications for Payment

4.25,7.3.9,92, 9.3, 9.4, 9.5.1, 9.6.3, 9.7, 9.10, 11.1.3
Approvals

2.1.1, 2.2.2, 24, 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, 9.40.3, 12.1, 12.2.1,
13.5.1, 13.5 2, 14.2.2, 14.2.4, 15.4.3, 15.2.1
Architect, Limitations of Authority and Responsibility
2.1.1, 3.12 4, 3.12.8, 3.12 10, 4.1.2,42.1, 4.2.2, 4.2.3,
4.26,427,42.10,42.12,42.13, 5.2.1, 7.4, 9.4.2,
9.$.3,9.64, 15.1.3, 152

Architect's Additional Services and Expenses

24, 11.301, 12.2.1, 1352, 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 I

Architect's Copyright

1.1.7, 1.5

Architect’s Decisions

3.7.4, 4.2.6, 4.2.7,42 11, 4.2.12, 4.2.13, 4.2.14, 6.3,
7.3.7, 7.3.9, 8.1.3, 83.1, 9.2,9.4.1,9.5,984, 99.1,
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, 3.93, 3.40, 3.11, 3.12, 3.16, 3.18,
4.1.2,4.1.3,4.2,5.2,62.2,7,8.3.1,9.2,93,94,95,
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
1.1.2,4.2.3,42.4, 4.2.6, 9.6.3, 9.6.4, 113.7
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, 9.42, 9.5.1,9.92,9.101, 13.5
Asbestos

10.3.1

Attomeys’ 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

il

Bidding Requirements

1.1.1, 5.2.1, 11.4.1

Binding Dispute Resolution

9.7, 11.3.9, 11.3.10, 13.1, 15.25, 15261, 153.1,
15.3.2, 15.4.1

Boiler and Machinery Insurance

12.3.2

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

Building Permit

3.7.1

AIA Document A201" ~ 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976. 1987 1997 ard 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA* Document Is protected by U.S, Copyright Law and Inlernat-o-al Treaties. Unauthorezed
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 (he
maximum extent pos $ible under the law. This docurr enl was praduced by AIA software al 14:10:20 ET on 01/10/2020 under Order No 1493731939 which

expires an 09/22/2020 , and is not fos resale.
Uses Notes

(1145984853)

2

Page Image
Board Of Aldermen - Agenda - 12/14/2021 - P102

Board Of Aldermen - Agenda - 12/14/2021 - P103

By dnadmin on Mon, 11/07/2022 - 07:12
Document Date
Fri, 12/10/2021 - 16:23
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 12/14/2021 - 00:00
Page Number
103
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__121420…

Init.

Capitalization

1.3

Certificate of Substantial Completion

9.8.3, 9.8.4,9.85

Certificates for Payment

42.1,4.2.5,42.9,93.3, 9.4, 9.59.61, 9.6.6, 9.7,
910.1, 9.103, 14.0.1.3, 14.2.4, 15.1.3

Certificates of Inspection, Testing or Approval
13.5.4

Certificates of Insurance

9.10.2, 11.13

Change Orders

1.1.1, 2.4, 3.4.2, 3.7.4, 3.8.2.3, 3.11,3128,42.8,

§ 2.3,7.1 2,7.1.3, 7.2, 73.2, 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, 12.0.2,
15.1.3

Change Orders, Definition of

7.21

CHANGES IN THE WORK

2.2.1, 3.61,42.8, 7, 7.2.1, 7.3.1, 7.4,831,93.0.1,
1139

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, 103.3, 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, 103.3, 11.11,
11.3.5, 01.3.7, 14.1.3, 14.2.4, 15 1.6

Claims Subject to Arbitration

153.1, 154.1

Cleaning Up

3.15, 6.3

Commencement of ihe 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,
62.2, 8 4.2, 8.2.2, 8.3.1, PLD, 11.3.1, 19.3.6, 11.45,
15.1.4

Commencement of the Work, Definition of

8.1.2

Communications Facilitating Contract
Adrninistration

3.9.1, 4.2.4

Completion, Conditions Relating to

3.4.1, 3.11, 3.15, 4.2.2,4.29,82,9.42,98, 9.9.1,
9.10, 12.2, 13.7, 14.1.2

COMPLETION, PAYMENTS AND

9

Completion, Substantial

42.9, 8.0.1, 8.1.3, 8.2.3, 94.2, 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,
11.0, 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

Lt, 6.0.1, 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, 113.1, 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
73.1

Construction Change Directives

1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.8.1, 7.1.2, 7.1.3, 7.3,
9.3.1.1

Construction Schedules, Contractor’s

3.10, 3.22.1, 3.12 2, 6.1.3, 15.1.5.2

Coutingeut Assigament of Subcontracts
§.4,14222

Continuing Contract Performance

15.1.3

Contract, Definition of

1.1.2

CONTRACT, TERMINATION OR
SUSPENSION OF THE

$.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, (1.0.3, 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

11.1

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, IL3.1, 14.2.4, 14.3.2, 15.1.4, 15.2.5
Contract Sum, Defintion 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, 9.5.5, 9.7, 10.3.2, 12.1.8, 14.3.2,
15.1.5.1, 15 2.5

Contract Time, Definition of

8.1.1

CONTRACTOR

3

Contractor, Definition of

3.1, 6.1.2

AIA Document A201™ = 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1954, 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® Oocumant, or any portion af it, may result in severe civil and criminal penalties, and will be prosecuted to the
maximum exlent possible under the law. This document was produced by AIA software al 14:10:20 ET on 01/10/2020 under Order No. 1403731939 which

expires on 09/22/2020, and is not for resale
User Notes.

(1145984853)

3

Page Image
Board Of Aldermen - Agenda - 12/14/2021 - P103

Board Of Aldermen - Agenda - 12/14/2021 - P104

By dnadmin on Mon, 11/07/2022 - 07:12
Document Date
Fri, 12/10/2021 - 16:23
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 12/14/2021 - 00:00
Page Number
104
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__121420…

Contractor's Construction Schedules

3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2

Contractor’s Employees

3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 426, 10.2, 10.3,
H1.0.1, 11.3.7, 14.1, 14.2.1.1

Contractor’s Liability Insurance

11.1

Contractor’s Relationship with Separate Contractors
and Owner's Forces

3.12.5, 3.14.2, 4.2.4, 6, 11.3.7, 12.1.2, 12.2.4
Contractor’s Relationship with Subcontractors
1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9 6.7, 9.10.2,
11.3.4.2, 11.3.7, 11.3.8

Contractor’s Relationship with the Architect

1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 34.2, 3.5,
3.7.4, 3.10, 3.01, 3.12, 3.16, 3.18, 4.1.3, 4.2, $.2, 62.2,
7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 102.6, 103,
11.3.7, 12, 13.5, 15.1.2, 15.2.1

Contractor’s Representations

3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3,982
Contractor's Responsibility for Those Performing the
Work

3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8
Contractor's Review of Contract Documents

32

Contractor’s Right to Stop the Work

97

Contractor’s Right to Terminate the Contract

14.1, 15.1.6

Contractor’s Submittals

3,10, 3.01, 3.12.4, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2,
9.8.3, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 114.2
Contractor’s Superintendent

3.9, 10.2.6

Contractor’s Supervision and Construction
Procedures

1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1 3, 6.2.4, 7.1.3,
7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3

Contractual Liability Insurance

11.1.1.8, 11.2

Coordination and Correlation

1.2, 3.2.1, 3.3.1, 3.10, 3.126, 6.$.3,62 1]

Copies Furnished of Drawings and Spectfications
1.5, 2.2.5, 3.11

Copyrights

1.5,3.17

Correction of Work

2.3, 2.4, 3.7.3, 9.4.2, 9.8.2, 9.83, 9.9.1, 12.1.2, 12.2
Correlation and Intent of the Contract Documents
12

Cost, Definition of

7.3.7

Costs

2.4, 3.2.4, 3.7.3, 3.8.2, 3.15.2, $.4.2, 6.1.1, 6.2.3,

7.3.3.3, 7.3.7, 7.3.8, 7.39, 9.10.2, 103 2, 10.3.6, 11.4,

12.1.2, 12.2.1, 12.2.4, 13.5, 14

Cutting and Patching

3.14, 6.2.5

Damage to Construction of Owner or Separate
Contractors

3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3,
12.2.4

Damage to the Work

3.14.2,9.9.1, 10.2 t 2,102.5, 10.4, 11.3.1, 1224
Damages, Ctatms for

3.2.4, 3.18, 6.1.1,83.3.95 1,967, 103.3, 11.1 1,
11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6

Damages for Delay

6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2

Date of Commencement of the Work. Definition of
$.1.2

Date of Substantial Completion, Definition of
8.1.3

Day, Definition of

8.1.4

Decisions of the Architect

3.7.4,42.6, 4.2.7,42.11,42 12,42 13, 152, 6.3,
73.7, 7.3.9, 8.1.3, 8.3.1, 9.2,94,95.1,984,99.1,
13.5.2, 14.2.2, 14.2.4, 15 1, 15.2

Dectsions to Withhbold Certification

9.4.1, 9.5, 9.7, 14.1.1.3

Defective or Nonconforming Work, Acceptance,
Rejection and Correction of

2.3, 2.4, 3.5, 4.2.6, 6.2.5,9.5.1,9.5 2,966, 98 2,
9.9.3,9.10.4, 12.2.1

Definitions

1.1, 2.1.1, 3.1.1, 3.5, 3.12 1, 3.12.2, 3.12.3, 4.11,
15.1.1, 5.t, 6.12, 7.2.1,731,81,9.1, 9.8 1
Delays and Extensions of Time

3.2, 3.7.4, 5.2.3, 7.2.1, 7.3 2, 7.4, 8.3, 9.5 1,97,
10.3.2, 10.4, 14.3.2, (5.1.5, 15.2.5

Disputes

6.3, 7.3.9, 15.1, 15.2

Documents and Samples at the Site

3.11

Drawings, Definition of

1.1.5

Drawings and Specifications, Use and Ownership of
3.11

Effective Date of Insurance

8.2.2, 11.1.2

Emergencies

10.4, 14.1.1.2, 15.1.4

Employees, Contractor's

3.3.2, 3.4.3, 3.8.1,39,3.182,423,426, 102,
10.3.3, 11.E-1, 11.3.7, 14.1, 14 2.1.1

Equipment, Labor, Matertals or

1.1.3, 1.1.6, 3.4, 3.8, 38.2, 3 83, 3.12, 3.13, 3.15 L,
42.6, 4.2.7, $.2.1, 6.2.1, 7.3.7, 9.3.2,93.3,95.1.3,
9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14212

Execution and Progress of the Work

1.4.3, 1.2.1, 1.2.2, 2.2.3, 22.5, 3.1,3.3.1,3.4.1,3.5,

AIA Document A201™ - 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1954, 1958, 1961, 1963, 1966, 1970 1976, 1987 1997 and 2007 by Tos American

Init. Insbtute of Architects. All rights reserved. WARNING: This AIA® Document Is protectad by US. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document. of any portion of it, may result In severe civil and criminal penallies, and will be prosecuted to Ine
! maximum sateni possible under the law. This documenl was produced by AIA software al 14 10 20 ET on 01/10/2020 under Order No 1403731939 which

expires on 09/22/2020, and is not for resale

User Notes: (1145984853)

Page Image
Board Of Aldermen - Agenda - 12/14/2021 - P104

Board Of Aldermen - Agenda - 12/14/2021 - P105

By dnadmin on Mon, 11/07/2022 - 07:12
Document Date
Fri, 12/10/2021 - 16:23
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 12/14/2021 - 00:00
Page Number
105
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__121420…

Init.

3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 82,
9.5.1,9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.0, 15.1.3
Extensions of Time

3.2.4, 3.7.4,5.23,72.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2,
10,4, 14.3, 15.1.5, 15.2.5

Failure of Payment

9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2

Faulty Work

(See Defective or Nonconforming Work)

Final Completion and Final Payment

4.2.1, 4.2.9, 9.82, 9.10, 11.1.2, 11.1.3, 12.3.1, 11.3.5,
12.3, 14.2.4, 14.43

Financial Arrangements, Owner’s

22.1, 13.2.2, 14.1.14

Fire and Extended Coverage Insurance

1.3.1.1

GENERAL PROVISIONS

1

Governing Law

13.1

Guarantees (See Warranty)

Hazardous Materials

10.2.4, 10.3

Identification of Subcontractors and Suppliers

5.2.1

Indemnification

3.17, 3.18, 9.102, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2,
11.3.7

Information and Services Required of the Owner
2 1.2, 2.2, 3.2.2, 3.12.4, 3.12.10, 6.1.3, 6.1.4, 6.2.5,
9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.4, 13.5.1,
13.5.2, 14.1.1.4, 14.14, 15.1.3

Initial Decision

15.2

Initial Decision Maker, Definition of

1.1.8

initial Decision Maker, Decisions

14.2.2, 14.2.4, 15.2.1, 15.2.2, 15 2.3, 15.2.4, 15.2.5
Initiat Decision Makcr, Extent of Authority

14.2.2, 14.2.4, 15.1.3, 15.2.1, 15.2.2, 15.2.3, 15.24,
15.2.5

Injury or Damage to Person or Property

10.2.8, 10.4

Inspections

3.1.3, 3.3.3, 3.7.1, 4.2.2, 426,429, 9.4.2, 9.8.3,
9.9.2,9.10.1, 12.2.1, 13.5

Instructions to Bidders

1.1.1

Instructions to the Contractor

3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.52
Instruments of Service, Definition of

1.1.7

Insurance

3.18.1, 6.1.1, 7.3.7,93.2,98.4, 9.9.1, 9.10.2, 11
Insurance, Boiler and Machinery

11.3.2

Insurance, Contractor's Liability

M1

Insurance, Effective Date of

82.2, 11.1.2

Insurance, Loss of Use

11.3.3

Insurance, Owner’s Liability

11.2

Insurance, Property

10.2.5, 11.3

Insurance, Stored Materrals

9.3.2

INSURANCE AND BONDS

11

Insucarice Companies, Consent to Partial Occupancy
9.9.1

Intent of the Contract Documents

1.2.1, 4.2.7, 4.2.12, 4.2.15, 7.4

Interest

13.6

Interpretation

1.2.3, 1.4,4.1.1,5.1,6.1,2, 15.1.1

Interpretations, Written

42.11, 4.2.12, 15.1.4

Judgment on Final Award

15.42

Labor and Materials, Equipment

1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1,
4.26, 4.2.7, 5.2.1,6.2.1, 7.3.7, 93.2, 9.3.3, 9.5 1.3,
9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2

Labor Disputes

8.3.1

Laws and Regulations

1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1,
10.2.2, 11.1.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6,
14, 15.2.8, 15.4

Liens

2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8

Limitations, Statutes of

12.2.5, 13.7, (5.4.1.1

Limitations of Liability

2.3, 3.2.2, 3.5, 3.12.10, 3.17, 3.18.1, 4.2.6, 4.2.7,
4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 10.2.5, 10.3.3, 11.1.2,
11.2, 19.3.7, 12.2.5, 13.4.2

Limitations of Time

2.1.2, 2.2, 2.4, 3.2.2, 3.10, 31h, 3.12.5, 3.15.1, 4.2.7,
5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3,
9.4.1,9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.3.1.5,
11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15

Loss of Use Insurance

11.3.3

Material Suppliers

1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, 9.10.5
Materials, Hazardous

10.2.4, 10.3

AIA Document A201™ ~ 2007. Copyright B 1915, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
tnstitule 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 al 14:10:20 ET on 01/10/2020 under Order No. 1403731939 which

expiras on 09/22/2020, and is not for resale
User Notes:

{1146984853)

5

Page Image
Board Of Aldermen - Agenda - 12/14/2021 - P105

Pagination

  • First page « First
  • Previous page ‹‹
  • …
  • Page 2160
  • Page 2161
  • Page 2162
  • Page 2163
  • Current page 2164
  • Page 2165
  • Page 2166
  • Page 2167
  • Page 2168
  • …
  • Next page ››
  • Last page Last »

Search

Meeting Date
Document Date

Footer menu

  • Contact