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Finance Committee - Agenda - 12/7/2016 - P21

By dnadmin on Mon, 11/07/2022 - 09:47
Document Date
Wed, 12/07/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/07/2016 - 00:00
Page Number
21
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120720…

Init.

the Work or (2) the anticipated date of Substantial Completion, identified in Initial Information,
whichever is earlier, provided the delay in Substantial Completion of the Work is for causes beyond
the control of the Architect and the Architect’s consultants.

§ 4.3.3
(Paragraphs deleted)
Reserved

§ 4.3.4 Reserved

ARTICLE 5 OWNER’S RESPONSIBILITIES

§ 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner
regarding requirements for and limitations on the Project, including a written program which shall set forth the
Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility,
expandability, special equipment, systems and site requirements.

§ 5.2 The Owner shall retain a Construction Manager to provide services, duties, and responsibilities as described in
the agreement selected in Section 1.1.5.

§ 5.3 The Owner shall furnish the services of a Construction Manager that shall be responsible for creating the
overall Project schedule. The Owner shall adjust the Project schedule, if necessary, as the Project proceeds.

§ 5.4 The Owner shall establish and periodically update the Owner’s budget for the Project, including (1) the budget
for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and, (3) reasonable contingencies
related to all of these costs. The Owner shall furnish the services of a Construction Manager that shall be responsible
for preparing all estimates of the Cost of the Work. If the Owner significantly increases or decreases the Ownet’s
budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter
agree to a corresponding change in the budget for the Cost of the Work or in the Project’s scope and quality.

§ 5.4.1 The Owner acknowledges that accelerated, phased or fast-track scheduling provides a benefit, but also
carries with it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and
redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of
all relevant Construction Documents, and costs for the Construction Manager to remove and replace previously
installed Work. If the Owner selects accelerated, phased or fast-track scheduling, the Owner agrees to include in the
budget for the Project sufficient contingencies to cover such costs.

§ 5.5 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project.
The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid
unreasonable delay in the orderly and sequential progress of the Architect’s services.

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

§ 5.7 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test
borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic
evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil
conditions, with written reports and appropriate recommendations.

§ 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect.
Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the
Owner and the Owner’s consultants. The Owner shall! furnish the services of consultants other than those designated
in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests

AIA Document 8133™ — 2014. Copyright © 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA’ Document is protected

by U.S. Copyright Law and intemational Treaties. Unauthorized reproduction or distribution of this AIA’ Document, or any portion of it, may result in 16
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 09:28:04 on 11/11/2016 under Order No.1575871642_1 which expires on 02/08/2017, and is not for resale.

User Notes: (14829781 34)

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Finance Committee - Agenda - 12/7/2016 - P21

Finance Committee - Agenda - 12/7/2016 - P22

By dnadmin on Mon, 11/07/2022 - 09:47
Document Date
Wed, 12/07/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/07/2016 - 00:00
Page Number
22
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120720…

init.

such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall
require that its consultants maintain professional liability insurance and other liability insurance as appropriate to the
services provided.

§ 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as
structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.

§ 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be
reasonably necessary at any time for the Project to meet the Owner’s needs and interests.

§ 5.11 The Owner, with reasonable promptness, shall provide written notice to the Architect and Construction
Manager if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or
inconsistencies in the Architect's Instruments of Service.

§ 5.12 The Owner will endeavor to communicate with the Construction Manager and Architect’s consultants
through the Architect about matters arising out of or relating to the Contract Documents. The Owner shall notify the
Architect of any direct communications that may affect the Architect’s services within a reasonable time.

§ 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect’s duties and
responsibilities set forth in the Contract for Construction with the Architect’s services set forth in this Agreement.
The Owner shail provide the Architect a copy of the executed agreement between the Owner and Construction
Manager, including the General Conditions of the Contract for Construction.

§ 5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and
shall obligate the Construction Manager to provide the Architect access to the Work wherever it is in preparation or
progress.

§ 5.15 Notwithstanding anything to the contrary contained in this Agreement, the Owner’s review and approval of
any and all documents or other matters required herein shal! not be construed to be for the purpose of determining
the Architect has met its professional duty of care in the preparation of the Instruments of Service.

§ 5.16 Any reference in the Contract Documents to the Owner taking action or rendering a decision within a
"reasonable time" or with "reasonable promptness" is understood to mean no more than fourteen (14) days, unless
otherwise specified in the Contract Documents or otherwise agreed to by the parties.

ARTICLE 6 COST OF THE WORK

§ 8.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all
elements of the Project designed or specified by the Architect and shall include the Construction Managers’ general
conditions costs, overhead, and profit. The Cost of the Work does not include the compensation of the Architect, the
compensation of the Construction Manager for Preconstruction Phase services, the costs of the land, rights-of-way,
financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner.

§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and may be adjusted
throughout the Project as required under Sections 5.4 and 6.4, Evaluations of the Owner’s budget for the Cost of the
Work represent the Architect’s judgment as a design professional.

§ 6.3 In preparing estimates for the Cost of Work, the Construction Manager at Risk shall be permitted to include
contingencies for subcontract bidding and price escalation; to determine what materials, equipment, component
systems and types of construction are to be included in the Contract Documents; and, in consultation with, and
subject fo approval by, the Owner, to make reasonable adjustment in the program and scope of the Project as may be
necessary to adjust the estimated Cost of the Work to meet the Owner’s budget for the Cost of the Work. The
Construction Manager’s estimate of the Cost of the Work shall be based on current area, volume or similar
conceptual estimating techniques. If the Owner requests detailed cost estimating services being the Construction
Manager cost services, such services shall be provided as an Additional Service.

AIA Document B133™ — 2014. Copyright © 20144 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected

by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 47
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 09:28:04 on 11/1 1/2016 under Order No. 1575871642_1 which expires on 02/08/2017, and is not for resale.

User Notes: (1482978134)

Page Image
Finance Committee - Agenda - 12/7/2016 - P22

Finance Committee - Agenda - 12/7/2016 - P23

By dnadmin on Mon, 11/07/2022 - 09:47
Document Date
Wed, 12/07/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/07/2016 - 00:00
Page Number
23
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120720…

Init.

§ 6.3.1 If the Architect is providing detailed cost estimating services as an Additional Service, and a discrepancy
exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect shail
work cooperatively with the Construction Manager to conform the cost estimates to one another.

§ 6.3.2 Subject to Section 4.3, if the Owner engages a Cost Consultant and a discrepancy exists between the
Construction Manager’s estimate and the Cost Consultant’s estimate, the Architect shall assist the Cost Consultant
and Construction Manager as necessary to conform the estimates to one another.

§ 6.4 1f, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost
of the Work exceeds the Owner’s budget and previously approved estimates, the Construction Manager shall notify
and make recommendations to the Owner and Architect. The Architect, in consultation with the Construction
Manager, shall prepare revisions to Drawings, Specifications or other documents required due to the inaccuracies or
incompleteness in the cost estimate. The Architect is to review the Construction Manager estimates, make
appropriate recommendations to the Owner to adjust the Project’s size or budget, and the Owner shall for the
Architect’s guidance in completion of its services, receive guidance from the Construction Manager as to the
materials selection, and coordination of design. The Architect shall report to the Owner any material inaccuracies
and inconsistencies noted during the review to the Construction Manager and the Owner.

§ 6.5 If at any time the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for
the Cost of the Work,

(Paragraphs deleted)

the Architect shail, in consultation with the Construction Manager, make appropriate recommendations to the Owner
to adjust the Project’s size or quality for the Cost of the Work and the Owner shall cooperate with the Architect in
making such adjustments. However, the Architect shall not be required to perform such services at no cost to the
Owner if the unfavorable estimate is the result of conditions beyond the Architect’s reasonable control.

§ 6.6 Reserved
§ 6.7 Reserved

ARTICLE 7 COPYRIGHTS AND LICENSES

§ 7.1 The Architect represents that in transmitting Instruments of Service, or any other information, the Architect is
the copyright owner of such information or has permission from the copyright owner to transmit such information
for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other
information or documentation in digital form, they shall endeavor to establish necessary protocols governing such
transmissions.

§ 7.2 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective
Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and
other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official
regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication
in derogation of the reserved rights of the Architect and the Architect’s consultants.

§ 7.3 The Owner acknowledges the Architect’s and Engineering subconsultant’s construction documents, including
electronic files, as instruments of professional service. Nevertheless, the final construction documents prepared
under this Agreement shall become the property of the Owner upon completion of the services and payment in full
of all undisputed monies due to the Architect. The Owner shall not reuse for another project. The Owner agrees, to
the fullest extent permitted by law, to indemnify and hold harmless the Architect, its officers, directors, employees
and subconsultants (collectively, the Architect) against any damages, liabilities or costs, including reasonable
attorneys’ fees and defense costs, arising from or allegedly arising from or in any way connected with the
unauthorized reuse or modification of the construction documents by the Owner or any person or entity that acquires
or obtains the construction documents from or through the Owner without the written authorization of the Architect.

§ 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of
Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of action arising
from such uses. The Owner, to the extent permitted by law, further agrees to waive any claims against, and
indemnify and hold harmless, the Architect and its consultants from all costs and expenses, including the cost of

AIA Document B133™ — 2014. Copyright © 2014 by The American Institute of Architects, All rights reserved, WARNING: This AIA” Document is protected

by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA’ Document, or any portion of it, may result in 18
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 09:28:04 on 11/11/2016 under Order No.1575871642_7 which expires on 02/08/2017, and is not for resale.

User Notes: (14829787 34)

Page Image
Finance Committee - Agenda - 12/7/2016 - P23

Finance Committee - Agenda - 12/7/2016 - P24

By dnadmin on Mon, 11/07/2022 - 09:47
Document Date
Wed, 12/07/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/07/2016 - 00:00
Page Number
24
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120720…

init.

defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and
expenses arise from the Owner’s use of the Instruments of Service under this Section 7.3.1.

§ 7.4 Reserved

§ 7.5 The Architect shall not use or allow to be used the Drawings, Specifications or reports or unique design
aspects of this Project for any other project, without the prior written approval of the Owner. Architect may re-use
standard specification texts and details.

§ 7.6 Upon the filing by the Architect of a petition in bankruptcy or upon other proceeding or action by or against
the Architect under the relevant law on bankruptcy, this Agreement shall be governed by Section 365(n) of the US.
Bankruptcy Code, if applicable. If any person seeks to reject this Agreement pursuant to bankruptcy law, the
Owner shall have the option of using the Instruments of Service for either the original term of this Agreement or a
period of five (5) years after rejection is requested.

ARTICLE 8 CLAIMS AND DISPUTES

§ 8.1 General

§ 8.1.1 The Architect shall indemnify and hold the Owner and the Owner’s officers and employees harmless from
and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys’ fees
and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or
omissions of the Architect, its employees and its consultants in the performance of professional services under this
Agreement.

(Paragraphs deleted)

§ 8.2 Mediation

§ 8.2.1 The Owner and Architect may endeavor to resolve claims, disputes and other matters in question between
them by mediation. A request for mediation shall be made in writing, delivered to the other party to the Agreement,
and filed with the person or entity administering the mediation. The request may be made concurrently with the
filing of a complaint.

§ 8.2.2 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 m any court baving jurisdiction thereaf.

§ 8.2.3 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding
dispute resolution shall be the following:

(Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below,
or do not subsequenily agree in writing to a binding dispute resolution method other than litigation, the dispute will
be resolved in a court of competent jurisdiction.)

[ JArbitration
{ X ] Litigation in a court of competent jurisdiction
i JOther: (Specify)

§ 8.2.4

(Paragraphs deleted)

In the event of any Controversy between Owner and Architect under this Agreement, including but not limited to,
whether or not-any services Owner expects Architect to perform are within the scope of Basic Services or any
dispute as to whether the Architect is entitled to additional compensation for any Work required, Architect shall
continue to proceed diligently with the performance of its services under this Agreement pending resolution of the
dispute, and Owner agrees to pay Architect in accordance with this Agreement for all services rendered by Architect
which are not the subject of the Controversy.

(Paragraphs deleted)

AIA Document B133™ ~ 2014, Copyright © 2014 by The American Institute of Architects, All rights reserved. WARNING: This AIA” Document is protected
by U.S. Copyright Law and intemational Treaties. Unauthorized reproduction or distribution of this AA” 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 Jaw. This document was produced by AIA software
at 09:28:04 on 11/11/2016 under Order No.1575871642_4 which expires on 02/08/2017, and is not for resale.

User Notes: (1482978134)

19

Page Image
Finance Committee - Agenda - 12/7/2016 - P24

Finance Committee - Agenda - 12/7/2016 - P25

By dnadmin on Mon, 11/07/2022 - 09:47
Document Date
Wed, 12/07/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/07/2016 - 00:00
Page Number
25
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120720…

init.

ARTICLE § TERMINATION OR SUSPENSION

§ 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be
considered substantial nonperformance and cause for termination or, at the Architect’s option, subject to Section
8.2.5, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend
services, the Architect shail give written notice to the Owner. Unless Architect receives payment in full for
undisputed amounts within twenty-one (21) days of the Owner’s receipt of the Architect’s notice, the suspension
shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability
to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming
services, the Architect shall be paid all undisputed sums due prior to suspension and any direct expenses imcurred in
the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the
time schedules shal! he equitably adiusted

§ 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of
such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the
interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time
schedules shall be equitably adjusted if the suspension exceeds ninety (90) days.

§ 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the
Architect, the Architect may terminate this Agreement by giving not less than fourteen (14) days’ written notice.

§ 9.4 Either party may terminate this Agreement upon not less than twenty-one (21) days’ written notice should the
other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party
initiating the termination.

§ 9.5 The Owner may terminate this Agreement upon not less than seven days’ written notice to the Architect for the
Owner’s convenience and without cause.

§ 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services
performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as
defined in Section 9.7.

§ 9.7 Termination Expenses are in addition to compensation for the Architect’s services and include expenses
directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for
reasonable profit on the value of the services not performed at the Owner’s request as a result of the termination.

§ 9.8 In the event of suspension or termination for convenience, upon request of Owner and payment of all fees
pursuant to this Article, Architect shall promptly provide Owner with reproducible drawings and computer tapes or
disks of all documents completed or in progress on the date of termination. The Owner’s rights to use the
Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7.

ARTICLE 10 WISCELLANEOUS PROVISIONS

§ 10.1 This Agreement, any dispute, claim or controversy relating to this Agreement, and all the rights and
obligations of the parties shall, in all respects, be interpreted , construed, enforced and governed by and under the
law of the State of New Hampshire.

§ 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201—2007, General
Conditions of the Contract for Construction, except as modified in this Agreement. The term "Contractor" as used in
A201-—2007 shall mean the Construction Manager.

§ 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal
representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the
written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for
the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement.

§ 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be
submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests
the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute

AIA Document B133™ — 2014. Copyright © 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected

by U.S, Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 20
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 09:28:04 on 11/41/2016 under Order No.1575871642_1 which expires on 02/08/2017, and is not for resale.

User Notes: (14829781 34)

Page Image
Finance Committee - Agenda - 12/7/2016 - P25

Finance Committee - Agenda - 12/7/2016 - P26

By dnadmin on Mon, 11/07/2022 - 09:47
Document Date
Wed, 12/07/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/07/2016 - 00:00
Page Number
26
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120720…

init.

ali such consents that are consistent with this Agreement, provided the proposed consent is submitted to the
Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or
consents that would require knowledge, services or responsibilities beyond the scope of this Agreement.

§ 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor
of a third party against either the Owner or Architect.

§ 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery,
presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any
form at the Project site.

§ 10.7 Subject to the Owner’s written prior approval, which shall not be unreasonably withheld, the Architect shall
have the right to include photographic or artistic representations of the design of the Project among the Architect’s
promotional and professional materials. The Architect shall be given reasonable access to the completed Project to

’ make such representations. However, the Architect’s materials shall not include the Qwner’s confidential or

proprietary information 1f the Owner has previously advised the Architect in writing of the specific information
considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the
Architect in the Owner’s promotional materials for the Project.

§ 10.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or
"business proprietary,” the receiving party shall, to the extent permitted by law, keep such information strictly
confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the
content of such information in order to perform services or construction solely and exclusively for the Project, or (3)
its consultants and contractors whose contracts include similar restrictions on the use of confidential information.

§ 10.9 Upon request, the Architect shall provide the Owner with copies of all documents, in their original form, in
the Architect’s possession that regard the Project.

§ 10.10 Owner does not waive any prior or subsequent breach of the terms of this Agreement by making payments
on the Agreement, by failing to terminate the Agreement for lack of performance, or by failing to strictly or
promptly insist upon any term of the Agreement. Any waiver must be in writing signed by the City.

ARTICLE 11 COMPENSATION

§ 11.1 For the Architect’s Basic Services described under Article 3, the Owner shall compensate the Architect as
follows:

(fusert amount of, or basis for, compensation.)

$ 112,500 (One Hundred Twelve Thousand Five Hundred Dollars)

§ 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows:
(Gnsert amount of, or basis for, compensation. if necessary, list specific services to which particular methods of
compensation apply.)

Hourly. (See attached Rate Sheet)
§ 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the
Ovmer shall compensate the Architect as follows:
(insert amount of, or basis for, compensation.)

Hourly. (See attached Rate Sheet)

§ 11.4 Compensation for Additional Services of the Architect’s consultants when not included in Sections 11.2 or
11,3, shall be the amount invoiced to the Architect plus Fifteen percent( 15 %), or as otherwise stated below:

AIA Document 8133™ — 2044. Copyright © 2014 by The American institute of Architects, All rights reserved, WARNING: This AIA® Document is protected

by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in aA
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 09:28:04 on 11/11/2016 under Order No.1575871642_1 which expires on 02/08/2017, and is not for resale.

User Notes: (14829781 34)

Page Image
Finance Committee - Agenda - 12/7/2016 - P26

Finance Committee - Agenda - 12/7/2016 - P27

By dnadmin on Mon, 11/07/2022 - 09:47
Document Date
Wed, 12/07/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/07/2016 - 00:00
Page Number
27
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120720…

Init.

§ 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work,
the compensation for each phase of services shall be as follows:

Schematic Design Phase Ten percent ( 10 %)
Design Development Phase Fifteen percent ( 15 %)
Construction Documents Phase Fifty percent ( 50 %)
Construction Phase Twenty Five percent ( 25 %)
Total Basic Compensation one hundred percent ( 100 %)

The Owner acknowledges that with an accelerated Project delivery, multiple bid package process, or Construction
Manager as constructor project delivery method, the Architect may be providing its services in multiple Phases
simultaneously. Therefore, the Architect shall be permitted to invoice monthly in proportion to services performed
in each Phase of Services as appropriate.

§ 11.6 When compensation ts based on a percentage of the Cost of the Work and any portions of the Project are
deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent
services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the
Owner-accepted Guaranteed Maximum Price Amendment or Control Estimate, as applicable, or (2) if the
Guaranteed Maximum Price proposal or Control Estimate has not been accepted by the Owner, the most recent
estimate of the Cost of the Work prepared by the Construction Manager for such portions of the Project. The
Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or
not the Construction Phase is commenced.

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

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

Hourly ( See Attached Rate Sheet)

Employee or Category Rate ($0.00)

§ 11.8 Compensation for Reimbursable Expenses

§ 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include

expenses incurred by the Architect and the Architect’s consultants directly related to the Project, as follows:

1 Transportation and authorized out-of-town travel and subsistence:
2 Long distance services, project dedicated data and communication services, teleconferences, Project

Web sites, and extranets;

Fees paid for securing approval of authorities having jurisdiction over the Project;

Printing, reproductions, plots, standard form documents;

Postage, handling and delivery;

Reserved

Renderings, models, mock-ups, professional photography, and presentation materials requested by

the Owner;

8 Architect’s consultants’ expense of professional liability insurance dedicated exclusively to this
Project, or the expense of additional insurance coverage or limits if the Owner requests such
insurance in excess of that normally carried by the Architect’s consultants:

§ ~~ All taxes levied on professional services and on reimbursable expenses;

10 Site office expenses.

~IS tn me be

§ 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the
Architect’s consultants plus Fifteen percent( 15 %) of the expenses incurred.

AIA Document B133™ — 2014. Copyright © 2014 by The American Institute of Architects. AH rights reserved. WARNING: This AIA® Document is protected

by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 22
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 09:28:04 on 11/11/2016 under Order No.1575871642_1 which expires on 02/08/2017, and is not for resale.

User Notes: (14829781 34)

Page Image
Finance Committee - Agenda - 12/7/2016 - P27

Finance Committee - Agenda - 12/7/2016 - P28

By dnadmin on Mon, 11/07/2022 - 09:47
Document Date
Wed, 12/07/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/07/2016 - 00:00
Page Number
28
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120720…

Init.

§ 11.8.3 If the insurance requirements listed in Section 2.6 exceed the types and limits the Architect normally
maintains and the Architect incurred additional costs to satisfy such requirements, the Owner shall reimburse the
Architect for such costs as set forth below:

N/A

§ 11.9 Compensation for Use of Architeci’s Instruments of Service

If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this
Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner’s continued use of
the Architect’s Instruments of Service solely for purposes of completing, using and maintaining the Project as
follows:

N/A

§ 11.10 Payments to the Architect
§ 11.1.1 An initial payment of zero ($ 0) shall be made upon execution of this Agreement and is the minimum
payment under this Agreement. It shall be credited to the Owner’s account in the final invoice.

§ 11.10.2 Payments for services shall be made monthly in proportion to services performed. Payments are due and
payable within forty-five (45) days upon presentation of the Architect’s invoice.
(Paragraphs deleted)

§ 11.10.3 Reserved

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

ARTIGLE 12 SPECIAL TERMS AND CONDITIONS
Special terms and conditions that modify this Agreement are as follows:

N/A

ARTICLE 13 SCOPE OF THE AGREEMENT

§ 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and
supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by both Owner and Architect.

§ 13.2 This Agreement is comprised of the following documents listed below.
1 ATA Document B133™-—2014, Standard Form Agreement Between Owner and Architect,
Construction Manager as Constructor Edition

(Paragraphs deleted)
2 Other documents:
(List other documents, if any, including additional scopes of service forming part of the Agreement.)
N/A

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

OWNER (Signature) ARCHITECT (Signature)

James Donchess, Mayor William K. Davis Principal
(Printed name and title) (Printed name and title)
City of Nashua, NH Port One Architects Inc.

nlie [th

AIA Document B133™ — 2014. Copyright © 2014 by The American Institute of Architects. AH rights reserved. WARNING: This AIA° Document is protected

by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in 23
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 09:28:04 on 11/11/2016 under Order No.1575871642_1 which expires on 02/08/2017, and is not for resale.

User Notes: (14829781 34)

Page Image
Finance Committee - Agenda - 12/7/2016 - P28

Finance Committee - Agenda - 4/20/2022 - P62

By dnadmin on Sun, 11/06/2022 - 21:43
Document Date
Fri, 04/15/2022 - 11:50
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 04/20/2022 - 00:00
Page Number
62
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__042020…

PAST PERFORMANCE

pinta baesal

WYANDOTTE COUNTY

GOVERNMENT OF

AND KANSAS CITY, KANSAS

- AN TRY
— fAXIS]] } Y
if 4 “i Na i

PANIG

The Unified Government of Wyandotte County and Kansas City is a consolidated city/county government serving all of the citizens of the
City of Kansas City and County of Wyandotte in Kansas. In response to the COVID-|9 pandemic, the American Rescue Plan Act (ARPA)

was enacted with the goal of providing urgent and targeted funding for workers and families. The Unified Government sought assistance

with maximizing available ARPA funding opportunities while identifying additional federal and state grants to provide relief to citizens.

CLIENT

Unified Government of
Wyandotte County and
Kansas City, KS

REFERENCE
Kathleen VonAchen

CFO

City Hall

70! N. 7th Street, Suite 330
Kansas City KS 66101

(913) 573-5186
kvonachen@wycokckorg

BUDGET
$233,580

DURATION
August 202] - Present

SITUATION

The Unified Government requested professional consulting services related to grant discovery,
community liaison, and technical goveernment grant writing to maximize ther ARPA allocated relief
funds while identifying and applying for additional opportunities.

TASK

iParametrics was asked to identify federal funding opportunities available through ARPA while
collaborating with state agencres to maximize the amount of funding the Unified Government
received. This task included community outreach to ensure local non-profits and small businesses were
taking advantage of funding opportunities. We were asked to guide the Unified Government staff on
grant application strategies in regards to eligibility, readiness, and grant application evaluation,

ACTION

iParametrics is providing the Unified Government with comprehensive grant management and cost
recovery services, including strategic planning, FEMA PA cost recovery, program implementation
support, and technical assistance. We have positioned the United Governmeent to maximize their
cost recovery efforts by leveraging each federal funding stream. The iParametrics team is currently
supporting the Unified Government through the creation and operation of an ARPA Small Business
Grant Portal and Non-Profit Grants Portal and the writing and submittal of a $100 million EDA Build
Back Betier grant, $2 million EDA Travel. Tourism, and Outdoor Recreation grant. $2 million NOAA
education grant, and a second FEMA PA application.

RESULT

Through this partnership, we helped the Unified Gavernment receive award of a $2 million NOAA
multi-year education grant, with several more grants and applications pending submittal and/or award.
We also created and are running the ARPA Small Business Grants Portal that is using $550,000 of
allocated ARPA funds to directly support small businesses within the Unified Government, with an
additional $150,000 going towards partering initiatives such as supplying training courses for small
business owners.

(oe

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Finance Committee - Agenda - 4/20/2022 - P62

Finance Committee - Agenda - 12/7/2016 - P29

By dnadmin on Mon, 11/07/2022 - 09:47
Document Date
Wed, 12/07/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/07/2016 - 00:00
Page Number
29
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120720…

PORT
ARCHITECTS

Fee Schedule
January 2016

Architectural Design Staff (1)

Principal Architect $ 135.00
Senior Architect $ 120.00
Project Manager $ 100.00
Architectural Designer $ 85.00
Clerical/Intern $ 70.00
Consultants (subcontracted work)
Engineering Consultants $ cost + 15%
Fire Protection/Code Consultants $ cost + 15%
Hardware/Lighting/Food Service Consultants $ cost + 15%
Interior Design $ cost + 15%
Miscellaneous Reimbursable Expenses
CAD Plots $ 0.80/sf
Telephone/Communications (3) at 1% labor costs
Overnight Delivery Services $ cost + 10%
Postage $ cost + 10%
Reprographic Services $ cost + 10%
Photography $ cost + 10%
Mileage: Automobile (2) $ 0.54/mile
Copies (b&w) $ 0.10/each
Copies (color) $ 0.50/each
Presentation Expenses
Mounted Color Presentation Boards $ as quoted
Architectural Presentation Models $ as quoted
3D Computer Renderings $ as quoted
3D Computer Videos $ as quoted

Notes
(1) Rates will be charged for time worked on the project and for the time required for
travel between the office and the meeting or project site.
(2) Automobile mileage expense shall be periodically adjusted consistent with IRS
allowances
(3) Telephone/Communications will be invoiced as a reimbursable expense at 1% of the
total labor cost.

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Finance Committee - Agenda - 12/7/2016 - P29

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