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

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

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

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

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

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

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

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

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

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

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

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

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The “Amencan Inst lwie ol Archilecis,” “AIA,” the AIA Logo, and “AIA Contac] Documenis” are regisiered trademarks and may noi be used wilhout permissiae
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Board Of Aldermen - Agenda - 12/14/2021 - P96

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