Agenda

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§ 4.2 Payments
§ 4.2.4 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

(Paragraph Deleted)

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 funds. The Contract Sum is the Cost of the Work as defined in

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§ 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

§ 2.3.2.5 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures,
progress, coordination, scheduling, and status of the Work. The Construction Manager shall prepare and promptly
distribute minutes to the Owner and Architect

§ 2.3.2.6 Upon the execution of the Guaranteed Maximum Price Amendment, the Construction Manager skal!
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

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shatl expedite and coordinate the ordertag 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 iterns on terrus 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.

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ARTICLE 2, CONSTRUCTION MANAGER’S RESPONSIBILITIES

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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

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William E. Stevens
10 Harvey Road
Bedford, NH 03110

email Address wstevens@hccnh.com

The Architect's Designated Representative
(Name. address and other information)

Janet Slemenda

24 Roland Street, Suite 301 Charlestown, MA 02129
Telephone Number: 617-776-6545

Email Address: JSLEMENDA@hktarchitects com

The Owner and Construction Manager agree as follows

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HATA Document 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 Third day of May in the year 202 |

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

BETWEEN the Owner
(Name, legal status and address)

City of Nashua New Hampshire
229 Main Street
Nashua, NH 03060

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

D\ THE CITY OF NASHUA Ten

On iH nei, Deredeyper

TO: Jim Donchess, Mayor & Michael O'Brien, Chair
FROM: = Tim Cummings, Economic Development Director
Date: November 04, 2021

RE: Approval of AIA — Document A133-2009 Contract for Construction
Manager Services with Ifarvey Construction

The enclosed document is a contract for construction management services for anew DPW
Administrative Office Building located on land off West Hollis Street and adjacent to the Four
Hills Landfill