Finance Committee

§ 2.2.6 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price
proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum
Price proposal shall be deemed effective without further acceptance from the Construction Manager. Following
acceptance of a Guaranteed Maximum Price, the Owner and Construction Manager shall execute the Guaranteed
Maximum Price Amendment amending this Agreement, a copy of which the Owner shall provide to the Architect.

shall expedite and coordinate the ordering and delivery of materials that must be ordered well in advance of
construction. If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price,
the Owner shall procure the items on terms and conditions acceptable to the Construction Manager. Upon the
establishment of the Guaranteed Maximum Price, the Owner shall assign all contracts for these items to the
Construction Manager and the Construction Manager shall thereafter accept responsibility for them.

ARTICLE 2. CONSTRUCTION MANAGER’S RESPONSIBILITIES

Init.

TABLE OF ARTICLES

1 GENERAL PROVISIONS

2 CONSTRUCTION MANAGER’S RESPONSIBILITIES

3 OWNER’S RESPONSIBILITIES

4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES
5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES

6 COST OF THE WORK FOR CONSTRUCTION PHASE

7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES

8 INSURANCE AND BONDS

9 DISPUTE RESOLUTION

10 TERMINATION OR SUSPENSION

11 MISCELLANEOUS PROVISIONS

12 SCOPE OF THE AGREEMENT

EXHIBITA GUARANTEED MAXIMUM PRICE AMENDMENT

| Email Address: randy@bpsnh.com

The Architect’s Designated Representative:
(Name, address and other information)

Kelly Davis AIA

Port One Architects Inc.

959 Islington Street

Portsmouth, New Hampshire 03801

The Owner and Construction Manager agree as follows.

"ATA pocument A133" - 2009

Standard Form of Agreement Between Owner and Construction Manager as

Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed

Maximum Price

AGREEMENT made as of the 21st day of November

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

BETWEEN the Owner:
(Name, legal status and address)

City Of Nashua New Hampshire
229 Main Street
Nashua, New Hampshire 03060

and the Construction Manager:
(Name, legal status and address)

PORT
ARCHITECTS

Fee Schedule
January 2016

Architectural Design Staff (1)

Init.

§ 11.8.3 If the insurance requirements listed in Section 2.6 exceed the types and limits the Architect normally
maintains and the Architect incurred additional costs to satisfy such requirements, the Owner shall reimburse the
Architect for such costs as set forth below:

N/A

§ 11.9 Compensation for Use of Architeci’s Instruments of Service

Init.

§ 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work,
the compensation for each phase of services shall be as follows:

Schematic Design Phase Ten percent ( 10 %)
Design Development Phase Fifteen percent ( 15 %)
Construction Documents Phase Fifty percent ( 50 %)
Construction Phase Twenty Five percent ( 25 %)
Total Basic Compensation one hundred percent ( 100 %)

init.

ali such consents that are consistent with this Agreement, provided the proposed consent is submitted to the
Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or
consents that would require knowledge, services or responsibilities beyond the scope of this Agreement.

§ 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor
of a third party against either the Owner or Architect.