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Finance Committee - Agenda - 1/16/2019 - P55

By dnadmin on Mon, 11/07/2022 - 13:13
Document Date
Fri, 01/11/2019 - 11:58
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 01/16/2019 - 00:00
Page Number
55
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__011620…

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

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§ 1.1.8 The Architect shall retain the following consultants
Consultants retained under Basic Services:
A Structural Engineer:

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.2. Mechanical Engineer:

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3 Electrical Engineer:

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Consultants retained under Supplemental Services:
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§ 1.1.9 Other Initial Information on which the Agreement is based:

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§ 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial
Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the
Architect’s services, schedule for the Architect’s services, and the Architect’s compensation. The Owner shall adjust
the Owner’s budget for the Cost of the Work and the Owner’s anticipated design and construction milestones, as
necessary, to accommodate material changes in the Initial Information.

§ 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any
other information or documentation in digital form. The parties will use ALA Document E203™-2013, Building

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Page Image
Finance Committee - Agenda - 1/16/2019 - P55

Finance Committee - Agenda - 1/16/2019 - P56

By dnadmin on Mon, 11/07/2022 - 13:13
Document Date
Fri, 01/11/2019 - 11:58
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 01/16/2019 - 00:00
Page Number
56
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__011620…

Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission,
and exchange of digital data.

§ 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols
governing the use of, and reliance on, the information contained in the model and without having those protocols set
forth in AIA Document E203™ 2013, Building Information Modeling and Digital Data Exhibit, and the requisite
AIA Document G202™—2013, Project Building Information Modeling Protocol Form, shall be at the using or
relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or
contributors to, the building information model, and each of their agents and employees.

ARTICLE 2 ARCHITECT’S RESPONSIBILITIES

§ 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it
is properly licensed in the jurisdiction where the Project is located to provide the services required by this
Agreement, or shall cause such services to be performed by appropriately licensed design professionals.

§ 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 until termination of this Agreement.

Comprehensive or Commercial General Liability insurance which shall include contractual, XCU, products and
completed operations liability coverages. Bodily injury and property damage with combined single limits of not less
than $1,000,000 per occurrence; and if written on an aggregate basis, $2,000,000 aggregate limit — include per
project aggregate endorsement. The Owner must be named as an additional insured;

* Commercial Automobile Liability insurance endorsed for “any auto” with combined single limits of
liability of not less than $1,000,000 each occurrence. The Owner must be named as an additional insured;

# And Workers’ Compensation insurance in compliance with the State of New Hampshire statutes,
$100,000/$500,000/$ 100,000.

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

The parties agree that Architect shall have the status of and shall perform all work under this contract as an
independent contractor, maintaining control over all its consultants, sub consultants, contractors, or subcontractors.
The only contractual relationship created by this contract is between the Owner and Architect, and nothing in this
contract shall create any contractual relationship between the Owner and Architect’s consultants, sub consultants,
contractors, or subcontractors. The parties also agree that Architect is not the Owner’s employee and that there shall
be no:

(1) Withholding of income taxes by the Owner:

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Finance Committee - Agenda - 1/16/2019 - P56

Finance Committee - Agenda - 1/16/2019 - P57

By dnadmin on Mon, 11/07/2022 - 13:13
Document Date
Fri, 01/11/2019 - 11:58
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 01/16/2019 - 00:00
Page Number
57
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__011620…

(2) Industrial insurance coverage provided by the Owner;

(3) Participation in group insurance plans which may be available to employees of the Owner;

(4) Participation or contributions by either the independent contractor or the Owner to the public
employee’s retirement system;

(5) Accumulation of vacation leave or sick leave provided by the Owner;

(6) Unemployment compensation coverage provided by the Owner.

" All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of insurance.

if aggregate limits of iess than $2,000,000 are imposed on bodily injury and property damage, Architect

must maintain umbrella liability insurance of at least $1,000,000. All aggregates must be fully disclosed on

the required certificate of insurance.

= The specified insurance requirements do not relieve Architect of its responsibilities or limit the amount of
its liability to the Owner or other persons, and Architect is encouraged to purchase such additional
insurance, as it deems necessary.

" The insurance provided herein is primary, and no insurance held or owned by the Owner shall be called
upon to contribute to a loss.

§ 2.5.5 Employers’ Liability with policy limits not less than « » ($ « » ) each accident, « » ($ « ») each employee,
and « » ($ « ») policy limit.

§ 2.5.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional
services with policy limits of not less than « $2,000,000 » per claim and $ 4,000,000) in the aggregate.

§ 2.5.7 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the
requirements in this Section 2.5.

ARTICLE 3 SCOPE OF ARCHITECT’S BASIC SERVICES

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

§ 3.1.1 The Architect shall manage the Architect’s services, 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, and shall not be responsible for, the accuracy, completeness,
and timeliness 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 shal! 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.

§ 3.1.4 The Architect shall not be responsible for an Owner’s directive or substitution, or for the Owner’s acceptance
of non-conforming Work, made or given without the Architect’s written approval.

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Finance Committee - Agenda - 1/16/2019 - P57

Finance Committee - Agenda - 1/16/2019 - P58

By dnadmin on Mon, 11/07/2022 - 13:13
Document Date
Fri, 01/11/2019 - 11:58
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 01/16/2019 - 00:00
Page Number
58
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__011620…

§ 3.1.5 The Architect shall contact governmental authorities required to approve the Construction Documents and
entities providing utility services to the Project. The Architect shall respond to applicable design requirements
imposed by those authorities and entities.

§ 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, the proposed procurement and 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. The Architect shall reach an understanding with the
Owner regarding the requirements of the Project.

§ 3.2.4 Based on the Project 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 representations. Preluminary 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 sustainable 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 more
advanced sustainable design services as a Supplemental Service under Section 4.1.1.

§ 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

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Finance Committee - Agenda - 1/16/2019 - P58

Finance Committee - Agenda - 1/16/2019 - P59

By dnadmin on Mon, 11/07/2022 - 13:13
Document Date
Fri, 01/11/2019 - 11:58
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 01/16/2019 - 00:00
Page Number
59
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__011620…

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

§ 3.3.2 The Architect shall update the estimate of the Cost of the Work prepared in accordance with Section 6.3.

§ 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 and performance criteria of materials and systems and other
requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform 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 the design requirements of governmental authorities having jurisdiction over
the Project into the Construction Documents.

§ 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the
development and preparation of (1) 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 prepared in accordance with Section 6.3.

§ 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 Procurement 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:
‘A facilitating the distribution of Bidding Documents to prospective bidders;
: organizing and conducting a pre-bid conference for prospective bidders;
3 preparing responses to questions from prospective bidders and providing clarifications and
interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and,
4 organizing and conducting the opening of the bids, and subsequently documenting and distributing
the bidding results, as directed by the Owner.

Error! Unknown document property name. (1098199393)

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Finance Committee - Agenda - 1/16/2019 - P59

Finance Committee - Agenda - 1/16/2019 - P60

By dnadmin on Mon, 11/07/2022 - 13:13
Document Date
Fri, 01/11/2019 - 11:58
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 01/16/2019 - 00:00
Page Number
60
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__011620…

§ 3.5.2.3 If the Bidding Documents permit substitutions, upon the Owner’s written authorization, the Architect shall,
as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved
substitutions to all prospective bidders.

§ 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:

A facilitating the distribution of Proposal Documents for distribution te prospective contractors and
requesting their return upon completion of the negotiation process;
organizing and participating in selection interviews with prospective contractors,
preparing responses to questions from prospective contractors and providing clarifications and
interpretations of the Proposal Documents to the prospective contractors in the form of addenda; and,
A participating in negotiations with prospective contractors, and subsequently preparing a summary

report of the negotiation results, as directed by the Owner.

2
3

§ 3.5.3.3 If the Proposal Documents permit substitutions, upon the Owner’s written authorization, the Architect shall,
as an Additional Service, consider requests for substitutions and 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™™ 2017, General Conditions of the Contract for Construction. If the Owner
and Contractor modify AIA Document A201—2017, 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 4.2 and except as provided in Section 3.6.6.5, 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 4.2.3, 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 promptly report to the Owner (1) known deviations from the Contract
Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3)
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

Error! Unknown document property name. (1098199393)

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Finance Committee - Agenda - 1/16/2019 - P60

Finance Committee - Agenda - 1/16/2019 - P61

By dnadmin on Mon, 11/07/2022 - 13:13
Document Date
Fri, 01/11/2019 - 11:58
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 01/16/2019 - 00:00
Page Number
61
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__011620…

testing of the Work in accordance with the provisions of the Contract Documents, whether or not the 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, 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.

§ 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—2017, 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, the quality of the Work is in accordance with the Contract Documents, and that the
Contractor is entitled to payment in the amount certified. The foregoing representations are subject to (1) an
evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of
subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to
completion, and (4) 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 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 of the schedule. 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 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 construction means, methods, techniques,

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Finance Committee - Agenda - 1/16/2019 - P61

Finance Committee - Agenda - 1/16/2019 - P62

By dnadmin on Mon, 11/07/2022 - 13:13
Document Date
Fri, 01/11/2019 - 11:58
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 01/16/2019 - 00:00
Page Number
62
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__011620…

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 and take
appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the
Contractor’s design professional, provided the submittals bear such professional’s seal and signature when
submitted to the Architect. The Architect’s review shall be for the limited purpose of checking for conformance with
information given and the design concept expressed in the Contract Documents. The Architect shall be entitled to
rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals
performed or provided by such design professionals,

§ 3.6.4.4 Subject to Section 4.2, the Architect shall review and respond to requests for information about the Contract
Documents. The Architect shall set forth, in the Contract Documents, the requirements for requests for information.
Requests for information shall include, at a minimum, a detailed written statement that indicates the specific
Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect’s
response to such requests shall be made in writing 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 the 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 order 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
Section 4.2, 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:
ra conduct inspections to determine the date or dates of Substantial Completion and the date of final
completion;
.2 issue Certificates of Substantial Completion;
3 forward to the Owner, for the Owner’s review and records, written warranties and related documents
required by the Contract Documents and received from the Contractor; and,
4 _ issue a final Certificate for Payment based upon a final inspection indicating that, to the best of the
Architect’s knowledge, information, and belief, 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 Substantial Completion has been achieved, 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)

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10

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Finance Committee - Agenda - 1/16/2019 - P62

Finance Committee - Agenda - 1/16/2019 - P63

By dnadmin on Mon, 11/07/2022 - 13:13
Document Date
Fri, 01/11/2019 - 11:58
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 01/16/2019 - 00:00
Page Number
63
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__011620…

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 SUPPLEMENTAL AND ADDITIONAL SERVICES

§ 4.1 Supplemental Services

§ 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The
Architect shall provide the listed Supplemental 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. Unless
otherwise specifically addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties
agree that the listed Supplemental Service is not being provided for the Project.

(Designate the Architect's Supplemental Services and the Owner’s Supplemental Services required for the Project
by indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service.
Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an
exhibit to this Agreement.)

Supplemental Services Responsibility
(Architect, Owner, or not provided)

§ 41.1.1 | Programming

§ 4.1.1.2 | Multiple preliminary designs

§ 411.3 | Measured drawings

§ 4.1.1.4 Existing facilities surveys

§ 4.1.1.5 Site evaluation and planning

§ 4.1.1.6 Building Information Model management
responsibilities

§ 4.1.1.7 Development of Building Information Models for
post construction use

§ 4.1.1.8 Civil engineering

§ 4.1.1.9 | Landscape design

§4.1.1.10 Architectural interior design

§ 4.11.11 Value analysis

§4.1.1.12 Detailed cost estimating beyond that
required in Section 6.3

§ 4.1.1.13 On-site project representation

§ 4.1.1.14 Conformed documents for construction

§ 4.11.15 As-designed record drawings

§ 4.11.16 As-constructed record drawings

§4.1.1.17 Post-occupancy evaluation

§ 4.1.1.18 Facility support services

§ 411419 Tenant-related services

§ 4.1.1.20 Architect’s coordination of the Owner’s
consultants

§ 4.1,1.21 Telecommunications/data design

§4.1.1.22 Security evaluation and planning

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Finance Committee - Agenda - 1/16/2019 - P63

Finance Committee - Agenda - 1/16/2019 - P64

By dnadmin on Mon, 11/07/2022 - 13:13
Document Date
Fri, 01/11/2019 - 11:58
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 01/16/2019 - 00:00
Page Number
64
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__011620…

Supplemental Services Responsibility
(Architect, Owner, or not provided)

§ 4.44.23 Commissioning

§ 4.11.24 Sustainable Project Services pursuant to Section
4.1.3

§ 4.1.1.25 Fast-track design services

§ 4.11.26 Multiple bid packages

§4.4.1.27 Historic preservation

§4.1.1.28 Furniture, furnishings, and equipment design

§4.1.1.29 Other services provided by specialty Consultants

§ 4.1.1.30 Other Supplemental Services

§ 4.1.2 Description of Supplemental Services

§ 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect’s responsibility is
provided below.

(Describe in detail the Architect’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit,
identify the exhibit. The AIA publishes a number of Standard Form of Architect’s Services documents that can be
included as an exhibit to describe the Architect's Supplemental Services.)

«>»

§ 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner’s responsibility is
provided below.

(Describe in detail the Owner’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit,
identify the exhibit.)

« »

§ 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental
Service, the Sustainability Services required in AIA Document E204™_2017, Sustainable Projects Exhibit, attached
to this Agreement. The Owner shall compensate the Architect as provided in Section 11.2.

§ 4.2 Architect’s Additional Services

The Architect may provide Additional Services 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 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an
appropriate adjustment in the Architect’s schedule.

§ 4.2.1 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 Additional 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 size, quality, complexity, the Owner’s
schedule or budget for Cost of the Work, or procurement or delivery method;
2 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing
or editing previously prepared Instruments of Service;
.3 Changing or editing previously prepared Instruments of Service necessitated by official
interpretations of applicable codes, laws or regulations that are either (a) contrary to specific
interpretations by the applicable authorities having jurisdiction made prior to the issuance of the

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