) THE CITY OF NASHUA “The Cate City”
Financial Services
Purchasing Department
August 11, 2016
Memo #17-032
TO: MAYOR DONCHESS
FINANCE COMMITTEE
SUBJECT: CONTRACT AWARD FOR PERFORMING ARTS CENTER FEASIBILITY STUDY
PHASE il (VALUE: $27,000)
DEPARTMENT: 183 ECONOMIC DEVELOPMENT; FUND: DOWNTOWN
IMPROVEMENT COMMITTEE TRUST FUND
ACCOUNT CLASSIFICATION: 53 PROFESSIONAL & TECHNICAL SERVICES
days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate
prevailing from time to time at the principal place of business of the Architect.
(insert rate of monthly or annual interest agreed upon.)
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. "?
§ 10.7 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 Owner’s confidential or proprietary information if 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
incurred in the interruption and resumption of the Architect’s services. The Architect’s fees
services and the time schedules shall be equitably adjusted.
for the remaining
§ 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 remaini
schedules shall be equitably adjusted.
(Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below,
or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will
be resolved in a court of competent jurisdiction.)
[GE | Arbitration pursuant to Section 8.3 of this Agreement
eS ] Litigation in a court of competent jurisdiction ,
[RR] Other: (Specify) eee
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§ 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied
under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license
granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the
Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s
consultants.
ARTICLE 8 CLAIMS AND DISPUTES r
§ 6.4 If, 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 for the Cost of the Work, the Architect, in consultation with the
Construction Manager, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or
_budget, and the Owner shall cooperate with the Architect in making such adjustments.
esign Development
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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
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.
2 RETHEGHE GEIEDD visits to the site by the Architect over the duration of the Project during Deleted: }
construction
3 RISD) GBD) inspections for any portion of the Work to determine whether such portion of the Deleted: )
Work is substantially complete in accordance with the requirements of the Contract Documents Deleted: }
4 inspections for any portion of the Work to determine final completion
nan eg NS Deleted: ]
| §4.3.4 Ifthe services covered by this Agreement have not been completed within » months of the _ Deleted: }
