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Finance Committee - Agenda - 12/1/2021 - P160

By dnadmin on Mon, 11/07/2022 - 13:51
Document Date
Wed, 11/24/2021 - 13:16
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/01/2021 - 00:00
Page Number
160
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120120…

applicable legal requirements, and shall cover reasonable compensation for Architect’s and Contractor’s services and
expenses required as a result of such insured loss.

(Paragraphs deleted)
§ 11.3.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in
transit. The insurance shall include a permission to occupy endorsement.

§ 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or
companies providing property insurance have consented to such partial occupancy or use by endorsement or
otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or
companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that
would cause cancellation, lapse or reduction of insurance.

§ 11.3.2 BOILER AND MACHINERY INSURANCE (NOTE: Does the contract involve any new boilers, compressors or
pressure vessels? If so, keep Risk in the loop)

The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by
law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner,
this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work,
and the Owner and Contractor shall be named insureds.

§ 11.3.3 LOSS OF USE INSURANCE
The Owner, at the Owner’s option, may purchase and maintain such insurance as will insure the Owner against loss of
use of the Owner’s property due to fire or other hazards, however caused.

(Paragraphs deleted)

§ 11.3.6 Before an exposure to loss may occur, the Contractor shall file with the Owner a copy of each policy that
includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable
conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that
the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days’ prior
written notice has been given to the Contractor.

(Paragraphs deleted)

§ 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss,
give bond for proper performance of the Owner’s duties. The cost of required bonds shall be charged against proceeds
received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Owner shall
distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with
the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such
loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of
damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with
Article 7.

§ 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers.

§ 11.4 PERFORMANCE BOND AND PAYMENT BOND

§ 11.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the
Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required
in the Contract Documents on the date of execution of the Contract.

§ 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of
obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a
copy to be furnished.

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 31
reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and wilt be prosecuted to the

/ maximum extent possible under the law. This document 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 for resale.

User Notes: (1145984853)

init.

Page Image
Finance Committee - Agenda - 12/1/2021 - P160

Board Of Aldermen - Agenda - 9/12/2017 - P12

By dnadmin on Sun, 11/06/2022 - 21:54
Document Date
Tue, 08/31/2021 - 17:28
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 09/12/2017 - 00:00
Page Number
12
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__091220…

Surplus Use and Overlay Notification

Line No. Unassigned Fund Baiance:

4 Projected Balance 06/30/2017 $ 37,121,501
2 Apply to Tax Rate (7,100,000)
3 Adjusted Projected Balance 06/30/2017 $ 30,021,501
4
5
6 Total General Fund Appropriations $ 258,493,971
7
§ % Unassigned Fund Balance 11.6% (16% minimum per NRO 5-135)
9

10

11

{2 Overlay Recap

13 Reserve $ 1,500,000

14 FY2017 Amount Remaining 1,700,000

15 FY2018 2,000,000

—_
a

Total Overlay Amount $ 5,200,000

Page Image
Board Of Aldermen - Agenda - 9/12/2017 - P12

Finance Committee - Agenda - 12/1/2021 - P161

By dnadmin on Mon, 11/07/2022 - 13:51
Document Date
Wed, 11/24/2021 - 13:16
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/01/2021 - 00:00
Page Number
161
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120120…

ARTICLE 12. UNCOVERING AND CORRECTION OF WORK

§ 12.1 UNCOVERING OF WORK

§ 12.1.4 Ifa portion of the Work is covered contrary to the Architect’s request or to requirements specifically expressed
in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect's
examination and be replaced at the Contractor’s expense without change in the Contract Time.

§ 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to
its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such
Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate
Change Order, be at the Owner’s expense. If such Work is not in accordance with the Contract Documents, such costs
and the cost of correction shall be at the Contractor’s expense unless the condition was caused by the Owner or a
separate contractor in which event the Owner shall be responsible for payment of such costs.

§ 12.2 CORRECTION OF WORK

§ 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION

The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the
Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated,
installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of
uncovering and replacement, and compensation for the Architect’s services and expenses made necessary thereby,
shall be at the Contractor’s expense.

§ 12.2.2 AFTER SUBSTANTIAL COMPLETION

§ 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one year after the date of Substantial
Completion of the Work or designated portion thereof or after the date for commencement of warranties established
under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the
Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it
promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor
a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition.
During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor
an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor. If the
Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice
from the Owner or Architect, the Owner may correct it in accordance with Section 2.4.

§ 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first
performed after Substantial Completion by the period of time between Substantial Completion and the actual
completion of that portion of the Work.

§ 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the
Contractor pursuant to this Section 12.2.

§ 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the
requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner.

§ 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or
partially completed, of the Owner or separate contractors caused by the Contractor’s correction or removal of Work
that is not in accordance with the requirements of the Contract Documents.

§ 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to
other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for
correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the
Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be
sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's
liability with respect to the Contractor’s obligations other than specifically to correct the Work.

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 3
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
I maximum extent possible under the law. This document 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 for resale.
User Notes: (1145984853)

Page Image
Finance Committee - Agenda - 12/1/2021 - P161

Finance Committee - Agenda - 12/1/2021 - P162

By dnadmin on Mon, 11/07/2022 - 13:51
Document Date
Wed, 11/24/2021 - 13:16
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/01/2021 - 00:00
Page Number
162
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120120…

§ 12.3 ACCEPTANCE OF NONCONFORMING WORK

If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the
Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as
appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

ARTICLE 13 MISCELLANEOUS PROVISIONS

§ 13.1 GOVERNING LAW

The Contract shall be governed by the law of the place where the Project is located . All disputes arising from or in
connection with the Contract shall be brought in the State of New Hampshire, Superior Court Hillsborough South.

§ 13.2 SUCCESSORS AND ASSIGNS

§ 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal
representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided in
Section 13.2.2, 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.

§ 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction
financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents. The
Contractor shall execute all consents reasonably required to facilitate such assignment.

§ 13.3 WRITTEN NOTICE

Wniten notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the
firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or
certified mail or by courier service providing proof of delivery to, the last business address known to the party giving
notice.

§ 13.4 RIGHTS AND REMEDIES
§ 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall
be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law.

§ 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty
afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a
breach there under, except as may be specifically agreed in writing.

§ 13.5 TESTS AND INSPECTIONS

§ 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents
and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless
otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an
independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall
bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when
and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner
shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or
negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations
prohibit the Owner from delegating their cost to the Contractor.

§ 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require
additional testing, inspection or approval not included under Section 13.5.1, the Architect will, upon written
authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or
approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and
where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except
as provided in Section 13.5.3, shall be at the Owner’s expense.

§ 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the
portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by
such failure including those of repeated procedures and compensation for the Architect’s services and expenses shall
be at the Contractor’s expense.

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 33
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 14:10:20 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
Finance Committee - Agenda - 12/1/2021 - P162

Finance Committee - Agenda - 12/1/2021 - P163

By dnadmin on Mon, 11/07/2022 - 13:51
Document Date
Wed, 11/24/2021 - 13:16
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/01/2021 - 00:00
Page Number
163
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120120…

§ 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract
Documents, be secured by the Contractor and promptly delivered to the Architect.

§ 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect
will do so promptly and, where practicable, at the normal place of testing.

§ 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid
unreasonable delay in the Work.

§ 13.6 INTEREST
Intentionally omitted.

(Paragraphs deleted)
ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT
§ 14.1 TERMINATION BY THE CONTRACTOR
§ 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 60 consecutive days through
no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other
persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the
following reasons:
‘4 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be
stopped;
2. Anactof government, such as a declaration of national emergency that requires all Work to be stopped;
3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the
reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made
payment on a Certificate for Payment within the time stated in the Contract Documents; or
4 The Owner has failed to furnish to the Contractor promptly, upon the Contractor’s request, reasonable
evidence as required by Section 2.2.1.

§ 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor,
Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under
direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the
Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days
scheduled for completion, or 120 days in any 365-day period, whichever is less.

§ 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’ written
notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed,
including reasonable overhead and profit, costs incurred by reason of such termination, and damages.

§ 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a
Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with
the Contractor because the Owner has repeatedly failed to fulfill the Owner’s obligations under the Contract
Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional
days’ written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in
Section 14.1.3.

§ 14.2 TERMINATION BY THE OWNER FOR CAUSE
§ 14.2.4 The Owner may terminate the Contract if the Contractor
1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials;
2 fails to make payment to Subcontractors for materials or labor in accordance with the respective
agreements between the Contractor and the Subcontractors;
3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful
orders of a public authority; or
4 — otherwise is guilty of substantial breach of a provision of the Contract Documents.

§ 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Initial Decision Maker that
sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and

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 34
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 14:10:20 ET on 01/10/2020 under Order No. 1403731939 which

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

User Notes: (1145984853)

(nit.

Page Image
Finance Committee - Agenda - 12/1/2021 - P163

Finance Committee - Agenda - 12/1/2021 - P164

By dnadmin on Mon, 11/07/2022 - 13:51
Document Date
Wed, 11/24/2021 - 13:16
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/01/2021 - 00:00
Page Number
164
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120120…

Init.

after giving the Contractor and the Contractor’s surety, if any, seven days’ written notice, terminate employment of the
Contractor and may, subject to any prior rights of the surety:
1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and
construction equipment and machinery thereon owned by the Contractor;
2 Accept assignment of subcontracts pursuant to Section 5.4; and
3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request
of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred
by the Owner in finishing the Work.

§ 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall
not be entitled to receive further payment until the Work is finished.

§ 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the
Architect’s services and expenses made necessary thereby, and other damages incurred by the Owner and not
expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance,
the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case
may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall
survive termination of the Contract.

§ 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE
§ 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in
whole or in part for such period of time as the Owner may determine.

§ 14.3.2 The Contract Sum and Contract Time may be adjusted for increases in the cost and time caused by suspension,
delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum may include profit. No
adjustment shall be made to the extent
1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for
which the Contractor is responsible; or
2 that an equitable adjustment is made or denied under another provision of the Contract.

§ 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE
§ 14.4.1 The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause.

§ 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner’s convenience, the
Contractor shall
1 cease operations as directed by the Owner in the notice;
2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work;
and
3 except for Work directed to be performed prior to the effective date of termination stated in the notice,
terminate all existing subcontracts and purchase orders and enter into no further subcontracts and
purchase orders.
4 assist Owner in the orderly transition of the Work to another contractor of the Owner’s choosing or
to the Owner in the Owner’s sole discretion.

§ 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment
for Work executed, and costs incurred by reason of such terminationon the Work not executed.

ARTICLE 15 CLAIMS AND DISPUTES

§ 15.1 CLAIMS

§ 15.1.4 DEFINITION

A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief
with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question
between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims
shall rest with the party making the Claim.

AIA Document A201™ — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institule of Architects. All rights reserved. WARNING: This AIA‘ Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 35
reproduction or distribution of this AIAT 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 14:10:20 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
Finance Committee - Agenda - 12/1/2021 - P164

Finance Committee - Agenda - 12/1/2021 - P165

By dnadmin on Mon, 11/07/2022 - 13:51
Document Date
Wed, 11/24/2021 - 13:16
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/01/2021 - 00:00
Page Number
165
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120120…

init.

§ 15.1.2 NOTICE OF CLAIMS
Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial
Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker.

§ 15.1.3 CONTINUING CONTRACT PERFORMANCE

Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14,
the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make
payments in accordance with the Contract Documents. The Architect will prepare Change Orders and issue
Certificates for Payment in accordance with the decisions of the Initial Decision Maker.

§ 15.1.4 CLAIMS FOR ADDITIONAL COST

If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall
be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency
endangering life or property arising under Section 10.4.

§ 15.1.5 CLAIMS FOR ADDITIONAL TIME

§ 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided
herein shall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay on
progress of the Work. In the case of a continuing delay, only one Claim is necessary.

§ 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented
by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably
anticipated and had an adverse effect on the scheduled construction.

§ 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this
Contract. This mutual waiver includes
A damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing,
business and reputation, and for loss of management or employee productivity or of the services of such
persons; and
2 damages incurred by the Contractor for principal office expenses including the compensation of
personnel stationed there, for losses of financing, business and reputation, and for loss of profit except
anticipated profit arising directly from the Work.

This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in
accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of
liquidated damages, when applicable, in accordance with the requirements of the Contract Documents.

(Paragraphs deleted)

§ 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, ifany,
of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner may,
but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy.

§ 15.2.8 If a Claim relates to or is the subject of a mechanic’s lien, the party asserting such Claim may proceed in
accordance with applicable law to comply with the lien notice or filing deadlines.

§ 15.3 MEDIATION
§ 15.3.4 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those waived
as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 may be subject to mediation .

§ 15.3.2 The parties may endeavor to resolve their Claims by mediation . A request for mediation shall be made in
writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation.

§ 15.3.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place
where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall
be enforceable as settlement agreements in any court having jurisdiction thereof.

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 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
Finance Committee - Agenda - 12/1/2021 - P165

Finance Committee - Agenda - 12/1/2021 - P166

By dnadmin on Mon, 11/07/2022 - 13:51
Document Date
Wed, 11/24/2021 - 13:16
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/01/2021 - 00:00
Page Number
166
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120120…

§ 15.4 ARBITRATION
§ 15.4.1 Intentionally omitted.
§ 15.4.1.1 Intentionally omitted.

§ 15.4.2 Intentionally omitted.
§ 15.4.3 Intentionally omitted.

§ 15.4.4 CONSOLIDATION OR JOINDER Intentionally omitted.

(Paragraphs deleted)

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 AIAY Document is protected by US Copyright Law and International Treaties Unauthorized 37
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
I maximum extent possible under the law. This document 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 for resale.

User Notes: (1145984853)

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Finance Committee - Agenda - 12/1/2021 - P166

Finance Committee - Agenda - 12/1/2021 - P167

By dnadmin on Mon, 11/07/2022 - 13:51
Document Date
Wed, 11/24/2021 - 13:16
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/01/2021 - 00:00
Page Number
167
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120120…

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

I, William E. Stevens, President, 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
14:10:20 ET on 01/10/2020 under Order No. 1403731939 from AIA Contract Documents software and that in

i d final document I made no changes to the original text of AIA® Document A201™ — 2007,
ished by the AIA in its software, other than those

igned)

MES (0EWT™

(Title)
OS [oy /20 Ly
(Dated

AIA Document D401™ — 2003. Copyright © 1992 and 2003 by The American Inslitute 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 4
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 14:10:20 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
Finance Committee - Agenda - 12/1/2021 - P167

Finance Committee - Agenda - 12/1/2021 - P168

By dnadmin on Mon, 11/07/2022 - 13:51
Document Date
Wed, 11/24/2021 - 13:16
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/01/2021 - 00:00
Page Number
168
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120120…

THE CITY OF NASHUA
CONSTRUCTION OF A NEW ADMINISTRION OFFICE BUILDING
HOURLY RATE SCHEDULE
EXHIBIT “B”
5/03/2021

Harvey Construction Corporation Rate Schedule Construction Management Services

Construction Personnel Rate

Project Executive $ 125.00
Sr. Project Manager $ 115.00
Project Manager $ 100.00
Assistant Project Manager $ 75.00
Project Engineer $ 60.00
General Superintendent $ 125.00
Superintendent $ 105.00
Layout Engineer $ 75.00
Laborer Foreman $ 68.00
Laborer $ 60.00
Project Accountant $ 65.00

Rates do not include overtime or night work.

All rates are subject to annual review.

Page Image
Finance Committee - Agenda - 12/1/2021 - P168

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