§ 5.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the
execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in
Section 7.3.3 of AIA Document A201—2007, General Conditions of the Contract for Construction.
§ 4.2 Payments
§ 4.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed.
§ 4.2.2 Payments are due and payable within 30 days of the Construction Manager’s invoice.
ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES
§ 5.1 For the Construction Manager’s performance of the Work as described in Section 2.3, the Owner shall pay the
Construction Manager the Contract Sum in current finds. The Contract Sum is the Cost of the Work as defined in
Section 6.1.1 plus the Construction Manager’s Fee.
§ 3.1.4.1 The Owner shall furnish tests, inspections and reports required by law and as otherwise agreed to by the
parties, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous
materials.
§ 2.3.2.6 Upon the execution of the Guaranteed Maximum Price Amendment, the Construction Manager shall
prepare and submit to the Owner and Architect a construction schedule for the Work and submittal schedule in
accordance with Section 3.10 of A201-2007.
The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the
information and assumptions upon which it is based.
§ 2.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to
the commencement of the Construction Phase, unless the Owner provides prior written authorization for such costs.
§ 2.1.8 Extent of Responsibility
§ 2.1 Preconstruction Phase
§ 2.1.1 The Construction Manager shall provide a preliminary evaluation of the Owner’s program, schedule and
construction budget requirements, each in terms of the other.
§ 2.1.2 Consultation
Agreement between Owner and Construction Manager as Constructor
This Agreement is made as of the _ day of January, 2019.
Between
OWNER: The City of Nashua
229 Main Street, Nashua, NH
and
CONSTRUCTION MANAGER: Harvey Construction Corporation
10 Harvey Road, Bedford, NH 03110
For the following PROJECT: Performing Arts Center, 201 Main Street, Nashua NH
ARCHITECT: ICON Architecture Inc.
101 Summer Street, Boston, MA 02110
THE CITY OF NASHUA
DOWNTOWN PERFORMING ART CENTER
HOURLY RATE SCHEDULE
EXHIBIT “B”
12/19/2018
Harvey Construction Corporation Rate Schedule Pre-Construction & Construction Management
Services
§ 15.3.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the
place where the Project is located, unless another location is mutually agreed upon. Agreements reached in
mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.
§ 15.4 ARBITRATION
§ 15.4.1 Intentionally omitted.
§ 15.4.1.1 Intentionally omitted.
§ 15.4.2 Intentionally omitted.
cad
§ 15.4.3 Intentionally omitted.
§ 15.4.4 CONSOLIDATION OR JOINDER Intentionally omitted.
