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above $2,000,0001. No change in the above fee for a co-broke situation. In the event of
a co-broke, Broker will split commission 50/50.

lf the final sale price or final lease rate is less than 75% of Asking Price: the Broker's
commission shall be 75% of the original asking price multiplied by the above
commission rates.

2. Authority of Broker: The Broker is authorized to use reasonable efforts to procure a
ready willing and able buyer for the Property in accordance with the terms and
conditions of the Contract.

Owner agrees that ihe Broker, when requested by other agents or prospects, may
disclose the existence of other offers on the Property.

The Broker is hereby authorized to:

e Place signage on the Property.

e Place information about the Property on the Internet and/or Multiple Listing
Services, ,

e Advertise the Properiy in print media.

e Release data about the transaction, such as parties to the transaction, location
and square footage as press releases and/or databases for statistical purposes.

e Owner acknowledges that Broker will enter this data into "NNEREN?” within 15
days of this agreement and will put the name of the Owner as “On File’.

3. Acknowledgements and Obligations of Owner: Owner agrees to cooperate with
Broker in effecting the sale of the Property and to immediately refer to Broker all
inquiries of anyone interested in the Property. Ail negotiations are to be through the
Broker.

Owner represents that Owner is the legal owner of the Property and has the right to
enter into this Contract.

Owner acknowledges that Broker has made no guarantee of procuring a ready, willing
and able buyer for the Property.

Owner agrees to disclose to the Broker all information concerning the Property
including: Income and expenses, the existence of asbestos, radon, PCB transformers,
mold, underground storage tanks, lead paint, history of methamphetamine laboratory
use, septic systems and water problems or any information concerning the property be
they adverse or otherwise. The duty to disclose is ongoing and if the Owner discovers
additional information concerning the condition of the Property, the Owner shall
promptly disclose the additional information to Broker.

Owner acknowledges that Broker is being retained solely as a real estate agent and not

as an atiorney, fax advisor, lender, appraiser, surveyor, architect, contractor or any
other professional service provider. Owner has been advised to seek professional

{a

af

advice for any non-brokerage services. Broker shall not be liable for any action,
inaction, failure, negligence, error or omission of any other professional service
provider.

It shall not be the responsibility of the Broker to determine the qualifications and
creditworthiness of any buyer with whom Owner may enter into a Purchase and Sales
agreement. Owner waives any claims it may have against Broker resulting from any
Owner losses and liabilities, which Owner may hereafter suffer by entering into a
Purchase and Sales agreement with any buyer.

Owner agrees to allow Broker to cooperate with licensees from other firms who accept
Buyer Agency {also knawn as Tenant Representation) and Facilitator agreements.
Owner understands that Broker may represent buyers of who also have interest in the
Property. In these circumstances, Broker shall fully inform Owner and provide Owner
the opportunity to proceed under a Disclosed Dual Agency agreement.

Prope ies

The City of Nashua shall enter into from time to time an “Exclusive Listing Services”
Agreement for a specific property. At this time it will be the following “Property(ies)”:

44 Broad Street, Nashua NH at a list price of $525,000
*It should be noted that other properties may be added.

To: L. Wilshire. President
From: T. Cummings, Director
Ce: Members of the Board of Aldermen

Date: July 27, 2020

Re: Communication To Approve-&- Place on File a Notice of Contract Change for Martini
Northern Relative to Proceeding with 2 Guaranteed Maximum Price (“GMP”)

This memo is being filed to communicate that a Guaranteed Maximum Price “GMP” of
$2,825,625.00 has been established for the renovations at the Public Health Building located on
Mulberry Street. The previously approved contract contemplated this eventuality. As an aside,
there is $3,602,000.00 previously authorized for this project through R-20-012.

There have been no material changes to the scope, fee or other pertinent terms to the previously
approved contract.

Attached is a copy of the previously approved contract related to the Public Health Building
renovation, along with the associated Exhibits, which outlines the scope of work, basis for fees
and the process or methodology governing the contract. Additionally, provided are the newly
incorporated Exhibits setting the GMP. The contract is the City’s standard construction manager
contract,

Pursuant to NRO §5-91 relative to amendments and notifications of contracts I am notifying the
Board of Aldermen of the aforementioned progress and seeking approval and placing on file.

Init.

This Amendment dated the thirtieth day of July in the year Two Thousand and Twenty, ts
incorporated into the accompanying ALA Document A133™ 2019, Standard Form of
Agreement Between Owner and Construction Manager as Constructor where the basis of
payment is the Cost of the Work Pius a Fee with a Guaranteed Maximum Price dated the
nineteenth day of December in the year 2019 (the "Agreement")

(in words, indicate day, month, and year.)

for the following PROJECT:
(Name and address or location)

Nashua Public Health Renovation
18 Mulberry Street
Nashua, NH 03060

THE OWNER:
(Name, legal status, and address}

The City of Nashua
229 Main Street
Nashua, NE 63060

THE CONSTRUCTION MANAGER:
(Name, legal status, and address}

Martini Northern, LLC.
10 Main Street
Newfields, NH 03846

TABLE OF ARTICLES

Ad GUARANTEED MAXIMUM PRICE
2 BATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
AS INFORMATION UPON WHICH AMENDMENT 1S BASED

AA CONSTRUCTION MANAGER'S CONSULTANTS, CONTRACTORS, DESIGN
PROFESSIONALS, AND SUPPLIERS

ARTICLE Al GUARANTEED MAXIMUM PRICE

§ A.i.i Guaranteed Maximum Price

- Pursuant to Section 3.2.6 of the Agreement, the Owner and Construction Manager hereby
amend the Agreement to establish a Guaranteed Maximum Price. As agreed by the Owner
and Construction Manager, the Guaranteed Maximum Price is an amount that the Contract
Sum shall not exceed, The Contract Sum consists of the Construction Manager’s Fee plus
the Cost of the Work, as that term is defined in Article 6 of the Agreement.

§ A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed Two
Million Eight Hundred Twenty Five Thousand Six Hundred and Twenty Five Dollars

Document A133 - 2019 Exhil

Guaranteed Maximum Price Amendment

ABDITIONS AND DELETIONS:
The author of this document has
added information needed for its
complation. The auihor may also
nave revised the text of the original
AIA standard form. An Addifions and
Detetions Report that notes added
informaiion as well as revisions to the
standard form jext is available from
the author and should be reviewed. A
vertical iine in ihe leit margin of this
document indicates where the author
has added necessary information
and where the author has added to or
deleted from the original AIA text.

This document has important legal
consequences. Consultation with an
attorney is encouraged with respect
fo fis cornplefion or modification.

AIA Document A201™-2017,
General Canditions of the Contract
tor Construction, is adopted in this
document by reference. Do not use
with other general conditions unless
this document is modified.

nee,

Ai& Document A133” — 2043 Exhibit A. Copyright © 1984, 2603, 2065, and 2078 by The American institute of Architects. Ali rignis reserved. The “Arnerican
institute of Architects,” “AIA,” fhe ALA Logo, and “Al4 Contract Racuments" are registared irademarks and may not be used without parmission. This dacument was
produced by ALA software at 18:41:10 EF on 07/30/2026 under Order No.3340547677 which expires on 03/24/2021, is nol for resale, is licensed for onetime use
only, and may only be used in accordance with the AlA Contract Dasuments® Terms of Service. To report copyright violations, e-mail copyright@aia_org.

User Notes:

(2089272527)

(S 2,825,625.08 ), subject to additions and deductions by Change Order as provided in the Contract Documents.

§ At4.2emized Statement of the Guaranteed Maximum Price. Provided below is an itemized statement of the
Guaranteed Maximum Price organized by trade categories, including allowances; the Construction Manager’s
contingency; altemstes; the Construction Manager’s Fee; and other items that comprise the Guaranteed Maximum Price
as deftmed in Section 3.2.1 of the Agreement.

(Provide itemized statement below or reference an attachment)

See Exhibit E, Schedule of Values
§ 4.1.1.3 The Construction Manager’s Fee is set forth in Section 6.1.2 of the Agreement.

§ Ad1.4 The method of adjustment of the Construction Manager’s Fee for changes in the Work is set forth in Section
6.1.3 of the Agreement.

§ 41.4.5 Alternates
8 AA4.6.1 Alternates, ifany, included in the Guaranteed Maximum Price:

ffem Price
Nove

§ A.1.1.5.2 Subject to the conditions noted below, the following altemates may be accepted by the Owner following
execution of this Exhibit A: Upon acceptance, the Owner shall issue a Modification to the Agreement,
(lnsert below each alternate and the conditions that must be met for the Ovner to accept the alternate.)

liem Price Conditions for Acceptance
None

§ A.1.1.6 Unit prices, if any:
(identify the itent and state the unit price and quantity limitations, if any, to which the unit price will be applicable.)

Hemi Units and Limitations Price par Unit (50.00)
None

ARTICLE 4.2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
§ A.2.1 The date of commencement of the Work shall be:
(Check one of the following boxes.)

[ ] The date of execution of this Amendment.

[X] Established as follows:
(insert a date or a means to determine the date af commencement of the Werk)

| Anticipated date of September 8, 2020

Ifa date of commencement of the Work is not selected, then the date of commencement shall be the date of execution of
this Amendment.

§ A.2.2 Unless otherwise provided, the Contract Time is the period of time, including authorized adjustments, allotted in
the Contract Documents for Substantial Completion of the Work. The Contract Time shali be measured from the date of
commencement of the Work.

§ A.2Z.3 Substantial Completion

§ A.2.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Construction Manager
shall achieve Substantial Completion of the entire Work:

(Check one of the following boxes and complete the necessary information.)

fim Doctiment A133” — 2075 Exhibit A, Copyright © 1957, 2003, 2009, and 2079 by The American institute of Architects, Ali righis reserved. The “Amencan

Init. institute of Architacis,” “Al4s,° tha AIA Logo, and “AIA Contraol Documenis" are ragigtered trademarks and may not bs used without permission. This document was 9
produced by AIA software at 15:41:10 ET on 07/30/2020 under Order No.3340517677 which expires on 03/24/2021, is not for resale, is licensed for one-time use
i only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.ore.

User Notes: (2053272627)

[X] Not later than three hundred and twenty (320 ) calendar days from the date of commencement of the
Work.

i ] By the following date:

§ A.23.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are
to be completed prior to Substantial Completion of the entire Work, the Construction Manager shall achieve Substantial
Completion of such portions by the following dates:

Portion of Work Substantial Completion Date
None

§ 4.2.3.3 ifthe Construction Manager fails to achieve Substantial Completion as provided in this Section A.2.3, liquidated
damages, if any, shall be assessed as set forth in Section 6.1.6 of the Agreement,

ARTICLE A3 INFORMATION UPON WHICH AMENDMENT IS BASED
§ 4.3.1 The Guaranteed Meximum Price and Contract Time set forth in this Amendment are based on the Contract
Deacuments and ihe following:

§ ASL The following Suppiementary and other Conditions of the Contract:

Document Title Date Pages

§ A.3,1.2 The following Specifications:
(Either list the Specifications here, or refer to an exhibit attached to this Amendment.)

See Exhibit A

Section Title Date Pages

§ A313 The following Drawings:
(Gither list the Drawings here, or refer to an exhibit attached to this Amendment.)

See Exhibit A

Number Title Date

§ 43.1.4 The Sustainability Plan, ifany:

Gf the Owner identified a Sustainable Objective in the Owner's Criteria, identify the document or documents that
comprise the Sustainability Plan by title, date and number of pages, and include other identifping information, The
Sustainability Plan identifies and describes the Sustainable Objective; the targeted Sustainable Measures;
implementation strategies selected to achieve the Sustainable Measures; the Owner's and Construction Manager's roles
and responsibilities associated with achieving the Sustainable Measures; the specific details about design reviews, testing
or metrics to verify achievement of each Sustainable Measure; and the Sustainability Documentation required for the
Project, as those terms are defined in Exhibit C to the Agreement.)

Title Date Pages
None

Other identifying information:

§ A3.1.5 Allowances, if any, included in the Guaranteed Maximum Price:
(identify each allowance.)

AiA Document 4133* — 2079 Exhibit A. Copyright @ 19971, 2003, 2008, and 2078 by The American Institute of Architects. All rights reserved. ‘fhe “American

Init, instituie of Architects,” “AIA,” the AIA Loge, and "AIA Contract Documents” are ragisiared tadamaris and may noi be used without parmission. This document was 3
produced by AJA software at 15:44:10 ET on 07/30/2020 under Order No.3340517677 which expires on 03/24/2021, is not for resale, is licensed for one-time use
i only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, @-mail copyright@aia.org.

User Notes: (2053272627)

Init.

litem Price
See Exhibit B

§ A.3.1.6 Assumptions and clarifications, if any, upon which the Guaranteed Maximum Price is based:
(dentip each assumption and clarification.)

See Exhibit C

§ A3.1.7 The Guaranteed Maximum Price is based upon the following other documents and information:
(ist any other documents or information here, or refer to an exhibit attached to this Amendment.)

ARTICLE A4 CONSTRUCTION MANAGER’S CONSULTANTS, CONTRACTORS, DESIGN PROFESSIONALS, AND
SUPPLIERS

§ A.4.1 The Construction Manager shall retain the consultants, contractors, design professionals, and suppiters, identified
below:

(List name, discipline, address, and other information)

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

Dn te pi Met

OWNER (Signature) CONSTRUCTION MANAGER (Signature)
James Donchess, Mayor Peter Middleton, President
(Printed name and title) (Printed name and title)

4iA Document Ai33” — 2015 Exhibit A, Copyright @ 1997, 2003, 2009, and 2079 by The American instituie of Architects. Ali rights reserved, The “American
Institute of Architeats,” “AIA,” the AIA Logs, and "AIA Contract Documents" are registered trademarks and may nat be used withou! permission. This document was
produced by AIA software al 10:37:19 ST on 07/30/2020 under Order No.3340517677 which expires on 63/24/2021, is not for regaie, is licensed for one-time use

only, and may only be used In accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@ala.org.

User Notes: {#330082414)

4

O THE AGREEMENT
he Mealth

Exhibit “A” CONTRACT DOCUMENTS

Exhibit “B” ALLOWANCES

Exhibit “C” ASSUMPTIONS AND CLARIFICATIONS
Exhibit “D” CONSTRUCTION SCHEDULE

Exhibit “E” SCHEDULE OF VALUES

Exhibit “F” CONTINGENCY

Martini Northern, LLC

&

TINT

é:

10 Main Street # mn vec
Newfields, NH 03856 i
RAAT

a ee

uarity te mmartiningrthecn ce
WV Lites Tuninorminsit com

b

OSHA's Form 300A irev. 01/2004) Year 2019 <>
Summary of Work-Related Injuries and Illnesses US. Department of Labor

Occupational Satety and Health Administration

Form approved OMB no. 1218-0176
All establishments covered by Part 1904 must complete this Summary page, even if no injuries or

illnesses occurred during the year. Remember to review the Log to verify that the entries are complete

Using the Log, count the individual entries you made for each category. Then write the totals below, Establishment information
making sure you've added the entries from every page of the fog. If you had no cases write "0."
Emp. former employees, and their repr it have the right to review the OSHA Form 300 in Your establishment name Schroeder Construction Management, Inc.
its entirety. They also have limited access to the OSHA Form 301 or ifs equivalent. See 29 CFR
1904.35, in OSHA's Recordkeeping rule, for further details on the access provisions for these forms. Street 2 Townsend West #3
City Nashua State New Hampshire Zip 03063

Industry description (e.g., Manufacture of motor truck trailers)

Total number of Total number of — Total number of cases Total number of
deaths cases with days with job transfer or other recordable
away from work restriction cases Industrial Classification (SIC), if known (e.g., SIC 3715)
0 0 0 wt 7 5 1
{G) (H) (I) (J) OR North American Industrial Classification (NAICS), if known (e.g., 336212)
2 3 6 2 2 0

Employment information

Total number of Total number of days of
days away from Job transfer or restriction Annual average number of employees 11
te
wor Total hours worked by all employees last
0 e] year 22,287
®) oO ] LA
me aoe : é : ae Sign here A i ML
Total number of... Knowingly ifying this may result ina fine.
(M)
(1) Injury 0 (4) Poisoning 0 F
(2) Skin Disorder 0 (5) Hearing Loss 0 | . . .
. ——_a eo | certify that | have examined this document and that to the best af my knawledge the entries are true, accurate, and
(3) Respiratory complete.
Condition 0 (8) All Other Illnesses 0
John E. Schroeder President
Company executive Title
603-882-1822 162020
Post this Summary page from February 1 to April 30 of the year following the year covered by the form Phone Date

Public reporting burden for this collection of information is estimated to average 58 minutes per response, including time to review the instruction, search and

gather the data needed, and complete and review the collection of information. Persons are not required to respond to the calfection of information unless it

displays a currently valid OMB control number. If you have any comments about these astimates or any aspects of this data collection, contact’ US Department

of Labor. OSHA Office of Slatistics. Room N-3644, 200 Constitution Ave. NW. Washinaton. OC 20210. Do not send the completed forms to this affice.

a SSSI A SAL Ee SSS EASE SS AACAROFIS SU SESS ESAS SRE

See ee RE

Exhibit “A”
CONTRACT DOCUMENTS

Nashua Public Health

@
18 Mulberry Street
Nashua, NH

uly 30, 2020

SHEET DRAWING LIST ISSUE
DATE

ARCHITECTURAL
A001 General Notes 7/16/20
A0O? Code Review 7/16/20
AD1.1 Basement & First floor Demolition Plan 7/16/20
AD1.2 Second Floor & Roof Demolition Plan 7/16/20
A100 Basement Floor Plan 7/16/20
AlOl First Floor Plan 7/16/20
A102 Second Floor Plan
Al03 Attic Floor Plan 7/16/20
Al04 Roof Floor Plan 7/16/20
A105 Refiected Ceiling Plans 716/20
A201 New South & East Elevations 7/16/20
A202 New South & West Elevations 7/18/20
A301 Building Sections 7/16/20
A302 Enlarged Sections of Entry TAL 6/20
A401 Details for Stairs, Window Trim & Cabinet 7/16/20
A402 Interior Elevations 7/16/20
A403 Interior Elevations 7/16/20
A404 Interior Elevations 7/16/20
A501 Enlarged Kitchen & Bathroom Plans 7/16/20
A502 Enlarged Bathroom Plans 7/16/20
A601 Room Finish Schedule 7/16/20
A602 Door Schedule 7/16/20
A603 Door Finish Schedule 7/16/20
A604 Window Schedule 7/16/20
STRUCTURAL
50.1 Structural Notes 3/18/20
80.2 Structural Details 3/18/20
51.0 Foundation Plan 3/18/20
S11 First Floor Framing Plan 3/18/20
$1.2 Second Floor Framing Plan 3/18/20
$1.3 Attic & Roof Framing Plan 3/18/20

Martini Northern, LLC
10 Main Street
Newfields, NH 03856

www, martininorthern.com