Agreement between Owner and Construction Manager as Constructor
This Agreement is made as ofthe _ day of December, 2019.
Between
OWNER: The City of Nashua
18 Mulberry Street, Nashua, NH
and
CONSTRUCTION MANAGER: Martini Northern, LL
299 Hanover Street, Portsmouth, NH 03801
For the following PROJECT: Public Health Renovation Project, 18 Mulberry Street, Nashua NH
ARCHITECT: Dennis Mires The Architects, P.A.
697 Union Street, Manchester, NH 03104
The Owner and Constniction Manager agree as follows.
EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT
ARTICLE 1 GENERAL PROVISIONS
§ 41.1 The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Bid documents, Addenda issued prior to the execution of this Agreement,
other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which
form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. Upon
the Owner’s acceptance of the Construction Manager’s Guaranteed Maximum Price proposal, the Contract
Documents will also include the documents described in Section 2.2.3 and identified in the Guaranteed Maximum
Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 2.2.8.
The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior
negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents,
other than a Modification, is inconsistent with this Agreement, this Agreement shall govern.
§ 1.2 Relationship of the Parties
The Construction Manager accepts the relationship of trust and confidence established by this Agreement and
covenants with the Owner to cooperate with the Architect and exercise the Construction Manager’s skill and
judgment in furthering the interests of the Owner; to furnish efficient construction administration, management
services and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the
Work in an expeditious and economical manner consistent with the Owner's interests. The Owner agrees to furnish
or approve, in a timely manner, information required by the Constniction Manager and to make payments to the
Construction Manager in accordance with the requirements of the Contract Documents.
§ 1.3 General Conditions
For the Preconstruction Phase, AIA Document A201™—2007, General Conditions of the Contract for Construction,
shall apply only as specifically provided in this Agreement. For the Construction Phase, the general conditions of the
contract shall be as set forth in A20]-2007, which document is incorporated herein by reference. The term
“Contractor” as used in A201~-2007 shall mean the Construction Manager.
ARTICLE 2 CONSTRUCTION MANAGER’S RESPONSIBILITIES
The Construction Manager’s Preconstruction Phase responsibilities are set forth in Sections 2.1 and 2.2. The
Construction Manager’s Construction Phase responsibilities are set forth in Section 2.3. The Owner and
Construction Manager may agree, in consultation with the Architect, for the Construction Phase to commence prior
to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. The Construction
Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the
Project.
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