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  2. Board Of Aldermen - Agenda - 12/14/2021 - P123

Board Of Aldermen - Agenda - 12/14/2021 - P123

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
123
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__121420…

fut.

§ 8.3 DELAYS AND EXTENSIONS OF TIME

§ 8.3.1 [f the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the
Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes
ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes
beyond the Contractor's control, or by delay authorized by the Owner pending mediation and arbitration; or by other
causes that the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for
such reasonable time as the Architect may determine.

§ 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15.

§ 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the
Contract Documents.

ARTICLE 9 PAYMENTS AND COMPLETION

§ 9.1 CONTRACT SUM

The Contract Sum is stated in the Agreement and, including authorized adjustments, 1s the total amount payable by the
Owner to the Contractor for performance of the Work under the Contract Documents.

§ 9.2 SCHEDULE OF VALUES

Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit to the
Architect, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the
various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the
Aschitect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the
Contractor's Applications for Payment

§ 9.3 APPLICATIONS FOR PAYMENT

§ 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the
Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under
Section 9.2, for completed portions of the Work. Such application shall be notarized, if required, and supported by
such data substantiating the Contractor's nght to payment as the Owner or Architect may require, such as copies of
requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract
Documents.

§ 9.3.1.1 As provided im Section 7.3.9, such applications may include requests for payment on account of changes in
the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the
Architect, but not yet included in Change Orders.

§ 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the
Contractor does not intend to pay a Subcontractor or material supplier, unless such Work has been performed by
others whom the Contractor intends to pay.

§ 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and
equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance
by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location
agreed upon in wanting. Payment for materials and equipment stored on or off the site shall be conditioned upon
compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials
and equipment or othenvise protect the Owner's interest, and shall include the costs of applicable insurance, storage
and transportation to the site for such materials and equipment stored off the site.

§ 9.3.3 The Contractor warrants that ttle to all Work covered by an Application for Payment will pass to the Owner no
later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all
Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to
the best of the Contractor's knowledge, information and behef, be free and clear of liens, claims, securily interests or
encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a
claim by reason of having provided labor, materials and equipment relating to the Work.

AtA Document A201™ - 2007 Copynghl © 1911. 1915 1918, 1925, 1937 1951. 1958. 1961, 1963, 1966, 1970, 1976, 1987. 1997 and 2007 by The American
Inslilule of Architects. All rights reserved. WARNING: This AIA’ Document Is protected by U.S. Copyright Law and Internalional Treaties. Unauthorized
reproduction or distribution of this AlIA® Document, ar 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 documant was produced by AIA softwa e at 14 10 20 ET on 01/10/2020 under Order No 1493731939 which

expires on 09/22/2020, and is noi for resale.

User Notes: (1145984853)

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Board Of Aldermen - Agenda - 12/14/2021 - P123

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