Agenda

E\ THE CITY OF NASHUA “The Gate City’

Mice of Eeonomic Development

To: J. Donchess, Mayor
From: Tim Cummings, Economic Development Director
Ce:

Date: January 9, 2019

Re: Architectural Design Services Contract

Request
The Office Economic Development requests approval to contraet with ICON for design related services for

the creation of a Performing Arts Center ( “PAC’) at 201 Main Street in an amount to be determined later
based on the design.

Background

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) THE CITY OF NASHUA “The Gate City"

Financial Services

Purchasing Department

January 10, 2019
Memo #19-114

TO: MAYOR DONCHESS
FINANCE COMMITTEE
SUBJECT: ARCHITECTURAL MANAGER SERVICES CONTRACT FOR 201 MAIN STREET —

PERFORMING ARTS CENTER (“PAC”) (VALUE: $TBD)
DEPARTMENT: 183 ECONOMIC DEVELOPMENT; FUND: BOND

Please see attached communication from Tim Cummings, Director of Economic Development dated
January 9, 2019 for the information related to this purchase.

§ 11.5 Other provisions:

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ARTICLE 12 SCOPE OF THE AGREEMENT

§ 12.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction
Manager 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 Construction Manager.

§ 12.2 The following documents comprise the Agreement:

1

not otherwise included in the Cost of the Work under Section 10.1.3.1. To the extent that the Owner elects to take
legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall,
as a condition of receiving the payments referred to in this Article 10, execute and deliver all such papers and take
all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction

Property Insurance shall be by owner $ 1,000.00 deductible per occurrence

ARTICLE9 DISPUTE RESOLUTION

§ 9.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions
set forth in this Article 9 and Article 15 of A201-2007. However, for Claims arising from or relating to the
Construction Manager’s Preconstruction Phase services, no decision by the Initial Decision Maker shall be required
as a condition precedent to mediation or binding dispute resolution, and Section 9.3 of this Agreement shall not

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.

those payments attributable to the Construction Manager’s Fee, plus payrolls for the period covered by the present
Application for Payment.

amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction
Manager shall make provisions so that they can be obtained.

§ 6.9.2 Amounts that accrue to the Owner in accordance with the provisions of Section 6.9.1 shall be credited to the
Owner as a deduction from the Cost of the Work.

§ 6.10 Related Party Transactions

the Contract Documents; and payments made in accordance with legal judgments against the Construction Manager
resulting from such suits or claims and payments of settlements made with the Owner’s consent. However, such
costs of legal defenses, judgments and settlements shall not be included in the calculation of the Construction
Manager’s Fee or subject to the Guaranteed Maximum Price. If such royalties, fees and costs are excluded by the
last sentence of Section 3.17 of AIA Document A201—2007 or other provisions of the Contract Documents, then

§ 6.3 Subcontract Costs
Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the
subcontracts.

§ 6.4 Costs of Materials and Equipment Incorporated in the Completed Construction
§ 6.4.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in
the completed construction.

§ 6.4.2 Costs of materials described in the preceding Section 6.4.1 in excess of those actually installed to allow for