Loading...
HomeMy WebLinkAbout02- Martel Construction Agreement for Public LibraryAIA Document AmICIIc an AGCDocument 565 Standard Form of Agreement Between owner and Construction Manager where the Construction 112anager is also THE CONSTRUCTOR 1991 Edition- Electronic Format THIS DOCUMENT HAS IMPORTANT LEGAL CON5EQUENCES: CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 0401. The 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction, is referred to herein, This Agreement requires modification if other general conditions are utilized. Portions of this document are derived from AIA Document Al U, Standard Form of Agreement Between the Owner and Contractor where the Basis of Payment is the Cost of the Work Plus a Fee, copyright 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, © 1987 by The American Institute of Architects; other portions are derived from AGC Document 500. Copyright 1980 by The Associated General Contractors of American. Material in this document differing from that found in AIA Document A111 and AGC Document 500 is copyrighted 1991 by The American Institute of Architects and The Associated General Contractors of America. Reproduction of the material herein or substantial quotation of its provisions without written permission of AIA and AGC violates the copyright laws of the United States and will sub €ect the violator to legal prosecution. AGREEMENT made as of the Twenty First ay of November in the year of Two Thousand and Two. (In words, indicaledrgs; month and }ear) BETWEEN Lhe Owner: (Name and address) Bozeman Public Library 220 East Lamme Bozeman, Montana 59715 and the Construction Manager: (Narne and address) Martel Construction, Inc. 1203 South Church Bozeman, Montana 59715 The Project is: (Name, address and briefdercnptfon) The new Bozeman Public Libra to be located at the City of Bozeman propeft on side of East Main Street located just west of and adjacent to Lindley Park. The ro'ect is r0 rammed at approximately 49,000 _ gross square feet as delineated in the Owner's Needs Assessment and Buildin Pro ram. The Architect is: (Name and address) Overland Partners Architects 612 East Main Street, Suite A .......... ............................... Bozeman. Montana 59715 The Owner and Construction Manager agree as set forth below. Table of Contents © 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 -5292. AIA DOCUMENT AIAl21 /CMC AND AGC DOCUMENT 565 - OWNER - CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA@ - AGC - O 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N,W,, WASHINGTON, D.C., 20006 -5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AEA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, user Document: al2lcmc.ala -- 1112912002. AIA License Number 1001042, which expires on 121212002. Electronic Format Al21 /CMc -1991 ARTICLE 1 GENERAL PROVISIONS t.1 Relationship of Parties 1.2 General Conditions ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES 2.1 Preconstruction Phase 2.2 Guaranteed Maximum Price Proposal and Contract Time 2.3 Construction Phase 2.4 Professional Services 2.5 Unsafe Materials ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 Information and Services 3.2 Owner's Designated Representative 3.3 Architect 3.4 Legal Requirements ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRE - CONSTRUCTION PHASE SERVICES 4.1 Compensation 4.2 Payments ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 5.1 Compensation 5.2 Guaranteed Maximum Price 5.3 Changes in the Work ARTICLE 6 CO5T OF THE WORK FOR CONSTRUCTION PHASE 6.1 Costs To Be Reimbursed 6? Costs Not To Be Reimbursed 6.3 Discounts, Rebates and Refunds 6.4 Accounting Records ARTICLE 7 CONSTRUCTION PHASE 7.1 Progress Payments 7.2 Final Payment ARTICLE 8 INSURANCE AND BONDS 8.1 Insurance Required of the Construction Manager 8.2 Insurance Required of the Owner 8.3 Performance Bond and Payment Bond ARTICLE 9 MISCELLANEOUS PROVISIONS g.1 Dispute Resolution for the Preconstruction Phase 9.2 Dispute Resolution for the Construction Phase 9.3 Other Provisions ARTICLE 10 TERMINATION OR SUSPENSION 1o.t Termination Prior to Establishing Guaranteed Maximum Price 10.2 Termination Subsequent to Establishing Guaranteed Maximum Price 10.3 Suspension ARTICLE 11 OTHER CONDITIONS AND SERVICES Attachments: AMENDMENT NO. Ito Agreement Between Owner and Construction Manager Standard Form of Agreement Between Owner and Construction Manager Where the Construction Manager is also the Constructor ARTICLE 1 GENERAL PROVISIONS 1.1 RELATIONSHIP OF PARTIES The Construction Manager accepts the relationship of trust and confidence established with the Owner by this Agreement, and covenants with the Owner to furnish the Construction Manager's reasonable skill and judgment and to cooperate with the Architect in furthering the interests of the Owner. The Construction Manager shall furnish construction administration and management services and use the Construction Manager's best efforts to perform the Project in an expeditious and economical manner consistent with the interests of the Owner. The Owner shall endeavor to promote O 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 -5292. AIA DOCUMENT AIAl21 /CMC AND AGC DOCUMENT 565 - OWNER - CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - A1AO - AGC - © 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006 -5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: a121cmc.aia -- 11129/2002. AIA License Number 1001042, which expires on 12/2!2002. Electronic Format Al21 /CMc -1991 harmony and cooperalion among the Owner, Architect, Construction Manager and other persons or entities employed by the Owner for the Project. 1.2 GENERAL CONDITIONS 1=er -the r'o�x Phase -Eire Genera 1 �'�ondiiians -of 4he- GenEraet .� -be -the e98; Edition -ef 42@1-, - General Conditions of the Contrac for C ..1,i i petaled herein -by tee. -Fier -the nr,,,.., fi _ Phase, -or -in 4he -event 44 -lh@ -and Ganstr rteEion -Phases - pFeeeed Eae ib , -A4A -Pout - c har 4hall fly �e eke D err phase —7` -as - s eEifirzally previded4n4his Agreemen T4._ Eerir3 "Ga n'ifaeie -- as rued in -A44 4)ee ument der- shall mean -the Con - ManageF See Attachment No. 1. 13 See Attachment No. 1. ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES The Construction Manager shall perform the services described in this Article. The services to be provided under Paragraphs 2.1 and 2.2 constitute the Preconstruction Phase services. If the Owner and Construction Manager agree, after consultation with the Architect, the Construction Phase may commence before the Preconstruction Phase is completed, in which case both phases shall proceed concurrently. 2.1 PRECONSTRUCTION PHASE 2.1.1 PRELIMINARY EVALUATION The Construction Manager shall provide a preliminary evaluation of the Owner's program and Project budget requirements, each in terms of the other. 2.1.2 CONSULTATION The Construction Manager with the Architect shall jointly schedule and attend regular meetings with the Owner and Architect. The Construction Manager shall consult with the Owner and Architect regarding site use and improvements, and the selection of materials, building systems and equipment. The Construction Manager shall provide recommendations on construction feasibility; actions designed to minimize adverse effects of labor or material shortages; time requirements for procurement, installation and construction completion; and factors related to construction cost including estimates of alternative designs or materials, preliminary budgets and possible economies. 2.1.3 PRELIMINARY PROJECT SCHEDULE When Project requirements described in Subparagraph 3.1.1 have been sufficiently identified, the Construction Manager shall prepare, and periodically update, a preliminary Project schedule for the Architect's review and the Owner's approval. The Construction Manager shall obtain the Architect's approval of the portion of the preliminary Project schedule relating to the performance of the Architect's services. The Construction Manager shall coordinate and integrate the preliminary Project schedule with the services and activities of the Owner, Architect and Construction Manager. As design proceeds, the preliminary Project schedule shall be updated to indicate proposed activity sequences and durations, milestone dates for receipt and approval of pertinent information, submittal of a Guaranteed Maximum Price proposal, preparation and processing of shop drawings and samples, delivery of materials or equipment requiring long -lead time procurement, Owner's occupancy requirements showing portions of the Project having occupancy priority, and proposed date of Substantial Completion. If preliminary Project schedule updates indicate that previously approved schedules may not be met, the Construction Manager shall make appropriate recommendations to the Owner and Architect. 2.1.4 PHASED CONSTRUCTION The Construction Manager shall make recommendations to the Owner and Architect regarding the phased issuance of Drawings and Specifications to facilitate phased construction of the Work, if such phased construction is appropriate for the Project, taking into consideration such factors as economies, time of performance, availability of labor and materials, and provisions for temporary facilities. 2.1.5 PRELIMINARY COST ESTIMATES 2.1.5.1 When the Owner has sufficiently identified the Project requirements and the Architect has prepared other basic design criteria, the Construction Manager shall prepare, for the review of the Architect and approval of the Owner, a preliminary cost estimate utilizing area, volume or similar conceptual estimating techniques. 2.1.5.2 When Schematic Design Documents have been prepared by the Architect and approved by the Owner, the Construction Manager shall prepare for the review of llie Architect and approval of the Owner, a more detailed estimate with supporting data. During the preparation of the Design Development Documents, the Construction Manager shall update and refine this estimate at appropriate intervals agreed to by the Owner, Architect and Construction Manager. 2.1.5.3 When Design Development Documents have been prepared by the Architect and approved by the Owner, the Construction Manager shall prepare a detailed estimate with supporting data for review by the Architect and approval by the Owner. During the preparation of the Construction Documents, the Construction Manager shall update and refine this estimate at appropriate intervals agreed to by the Owner, Architect and Construction Manager. 2.1.5.4 If any estimate submitted to the Owner exceeds previously approved estimates or the Owner's budget, the © 1991 - THE AMERICAN INSTITUTE OF ARCHITECT5, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 -5792, AIA DOCUMENT AIAl21 /CMC AND AGC DOCUMENT 565 - OWNER - CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA(D - AGC - © 1991 - THE A550CIATED GENERAL CONTRACTOR5 OF AMERICA, 1957 E STREET, N.W„ WASHINGTON, D,C., 20006 -5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: a121cmc.aia -- 1112912002. AIA License Number €001042, which expires on 1212/2002. Electronic Format Al21 /CMc-1991 3 Construction Manager shall make appropriate recommendations to the Owner and Architect. 2.1.6 SUBCONTRACTORS AND SUPPLIERS The Ga..an maliager -le�pttlarlraciet- inkerest in (' � the 47ojec-t -and - shall furnish -to -t-#e � ser �� A' L'CEhi'tTET F t - [heiF iiHf'O a6 liS ,.f., a � in cluding € imish materials Br equipmeni- fabrica€ed -to -a -speeW desigFr, -feef hers} }�re�esals will lie - requ ested f each p paF i o f il,., Znr.,..l. Th A,- .•1,:a�. -�.. Will prtamplly reply wri ti n g-to4he he Cv = =snu Man age r if- the "rehiteet -er Owner knew -of -my - el�eaien -�e sue# - sttb&&R+faeter -or supplier, the receipt -o€ -such -list ill -let - re uire l e Owner- E ) F AfEhitec=1 invesfigale -q*a4fiea44ees- ef prepesed r�r�traela car suppliers, no shall -it ivaii - righl of the 0i er -car ^ Tehiteet lake> to epeet to er rejec ty- P Etra 2.1.7 LONG -LEAD TIME ITEMS The Construction Manager shall recommend to the Owner and Architect a schedule for procurement of long -lead time items which will constitute part of the Work as required to meet the Project schedule. If such long -lead time items are procured by the Owner, they shall be procured on terms and conditions acceptable to the Construction Manager. Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal, all contracts for such items shall be assigned by the Owner to the Construction Manager, who shall accept responsibility for such items as if procured by the Construction Manager. The Construction Manager shall expedite the delivery of long -lead time items. 2.1.8 EXTENT OF RESPONSIBILITY The Construction Manager does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The recommendations and advice of the Construction Manager concerning design alternatives shall be subject to the review and approval of the Owner and the Owner's professional consultants. It is not the Construction Manager's responsibility to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, building codes, rules and regulations. However, if the Construction Manager recognizes that portions of the Drawings and Specifications are at variance therewith, the Construction Manager shall promptly notify the Architect and Owner in writing. 2.1.9 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION The Construction Manager shall comply with applicable laws, regulations and special requirements of the Contract Documents regarding equal employment opportunity and affirmative action programs. 2. 1.10 See Attachment No. 1. 2.1.11 See Attachment No. 1. 2,2 GUARANTEED MAXIMUM PRICE PROPOSAL AND CONTRACT TIME 2.2.1 `Tr4en4he I) Faw i ngs d S Fee ri u ffi Mete -the r efit manager slkall - pr-epese -a - Gt r nleed Max Pfiee Bch 44 - be-the sum- ef-the - estlffnated C?r-the War! 4he-Geflstruetionanager's- Fee:- See Attachment No. 1. 2.2.2 As the Drawings and Specifications may not be finished at the time the Guaranteed Maximum Price proposal is prepared, the Construction Manager shall provide in the Guaranteed Maximum Price for further development of the Drawings and Specifications by the Architect that is consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order. 2.2.3 The „ meted -Cast -o€ 4he Work -shall inelude -the - r ^•cvrrstrueti'ir MaHagLr's established-by-the- r Manager -for -the C am' -F"Ur'6611 Manager's eit e t o cover sts ar „ d 2.2.2- a-R4 6ther eests w#ieh- are- pleper4y reiat burnable as -Cos € - o f,h e W _E . e basis r T1e Construction Manager -shall inelade -the e d- nl n m eo s o f its b as i s, s il shall include:- .4 A !is[ of the Drawings ani Speeifkai ans, including all adde 4hereta artd the Gendiiians Gentrac:t - whieh mere -used -ira _ preparation -of 44re Guaranteed - Maximum Fr'i;rim PF Ee-pr$ptrraY- .2 n lip.! o f .,ll.,,.. .,.,.1 ., statement of their ba s A- li4- 44lre elarifieatieiis -aHd assumptions made lay - the Genan Manager- in4he pFepacatien- of-the- Guaranteed Ma di num Prke-frrapesal-te supplemen t - the information stain --fit -the cgs -aid - Spe :fi,-����at�or: .l Tine- prepesed GuaFanteed Maximum- Priee a- stet of the eR estorganized l 4+a-de- categories, allewa eel gene ,-and ethe ilerns- and -the- fee 4hat-e&H+pi4se4he Guaranteed MwdfHafn- Priee. The Bate of Substantia Completion upon whicgr pr$pesed Guaranteed 'Ma39muffl- mee-is based, and-a- sEhedu e -of -the Gonstruetio n -De Etffiienta issuane - dates -rpen which the t late of subsiantial Completion i&-lased-.- O 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 -5292. AIA DOCUMENT AIAT21 /CMC AND AGC DOCUMENT 565 - OWNER - CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - O 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006 -5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: a121cmc.aia -- 1112912002. AIA License Number 1001042, which expires on 121212002. Electronic Format Al21 /Civic -1991 4 2.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal and the written statement of its basis. In the event that the Owner or Architect discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis or both. 2.2.6 Unless the Owner accepts the Guaranteed Maximum Price proposal in writing on or before the date specified in the proposal for such acceptance and so notifies the Construction Manager, the Guaranteed Maximurn Price proposal shall not be effective without written acceptance by the Construction Manager. 2.2.7 Prior to the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal and issuance of a Notice to Proceed, the Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work, except as the Owner may specifically authorize in writing. 2.2.8 Upon acceptance by the Owner of the Guaranteed Maximum Price proposal, the Guaranteed Magnum Price and its basis shall be set forth in Amendment No.i. The Guaranteed Maximum Price shall be subject to additions and deductions by a change in the Work as provided in the Contract Documents and the date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents. 2.2.9 The Owner shall authorize and cause the Architect to revise the Drawings and Specifications to the extent necessary to reflect the agreed -upon assumptions and clarifications contained in Amendment No. 1. Such revised Drawings and Specifications shall be furnished to the Construction Manager in accordance with schedules agreed to by the Owner, Architect and Construction Manager. The Construction Manager shall promptly notify the Architect and Owner if such revised Drawings and Specifications are inconsistent with the agreed - upon assumptions and clarifications. 2.2.10 The Guaranteed Maximum Price shall include in the Cost of the Work only those taxes which are enacted at the time the Guaranteed Maximum Price is established. 2.3 CONSTRUCTION PHASE 2.3.1 GENERAL. 2.3.1.1 T GonstruEti Phas shall _.-,,,z,.,,enEe_on earlier oh (4) the 9wnen's �eeeptaraee -of qhe Gen4Fu4 en - N4anagen's Guarafli edM&dMum pniee proposa -R*d- issuai ee o f r,,aiie,,,„ Pr Eeed ,or_ (2) the Owner's first authorization -to -the awaEdasub er (W lender -take Ee,,siFueiian War] -w4l 4he Gensiruetion Manager's Own forces, or (C4 issue -a -pu-felhase -efder -fef materials -er - equipment require r o-tvr the Wv flc 2.3.1.2 See Attachment No. 1. 2.3.1.2.1 See Attachment No. 1. 2.3.1.2.2 See Attachment No. 1. 2.3.1.2.3 See Attachment No. 1. 2.3.2 ADMINISTRATION 2.3.2.1 Whose - poftions -of -the Wor1E -that -the Go on Manage cues - ne4 t -peFf€3 3t Gowen Manager's -ems =n - persenfiel -,hall die -peffeH:ned -ufidef s*b is -er * other appropriate agreements -A4h 4he - bids 40ffl - SUbeentEdEters -and tiers -&€ r °eels -&r - ,,_r.,t,,.i ed t list pFevieusl reviewed -a€Eer analyzii g -,Ueh -laid&, -lhall - delii�er 4e4he Owner-a-Hd ^ r _h he l - then lete nnline �s kl> �lre ad iEe of dia Gonstr- uetie3t Manager- aftd ul}jec �e he zeasanan le jectier� of the ".mot whieh- W5 -*ill -lie welted; -The OwneE -may designate - sped& - obtain -bids; however -if- the Guaranteed Ma3drnurn Pr-- icy -has- b e e . s i a bli s h e dl „ Owner o e�i� prohibit thetienr Manager from o 4i rh M ning_bids ed43i ddefsl._ - Ger� Manage r4hall -not-be ifed4o eantraet afryene - te wherry -the Ganst-rl=etien Manager -leas reasonable - obje Etion.. 2.3.2.2 If the Guaranteed Maximum Price has been established and a specific bidder among those whose bids are delivered by the Construction Manager to the Owner and Architect (1) is recommended to the Owner by the Construction Manager; (2) is qualified to perform that portion of t11e Work, (3) has submitted a bid which conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a change in the Work be issued to adjust the Contract Time and the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. 2.3.2.3 &U-b -aa4 its -with suppliers - shallcon€enn 4 - l3 aragrap hs ,i Ta.j - trod shall nat-be ,. ,.,.deg an the basis of cast p ., f without - the -prier eense,zt owner:- See Attachment No. 1. 2.3.2.4 The Construction Manager shall schedule and conduct meetings at which the Owner, Architect, Construction Manager and appropriate Subcontractors can discuss the status of the Work. The Construction Manager shall prepare and promptly distribute meeting minutes. O 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 -5292. AIA DOCUMENT AIAl211CMC AND AGC DOCUMENT 565 - OWNER - CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - O 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006 -5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: a121cmc.aia -- 1112912002. AIA License Number 1001042, which expires on 12/212002. Electronic Format Al211CMc -1991 5 2.3.2.5 P-renrptly - after - the Owner's acceptance -of -The - Guaranteed Ar'lwdrnum -RFice - tamposah -the - EenstFlO on M a tiager . shall " cltedule ifi e-Ea 3,io of A! Belcunaetlt er i�aclu i�ag tl�e�wr3er s c aat�ey- requiren>eRt See Attachment No. 1. 2.3.2.6 The GE) s Fuetien N lanageF sl}all pFavide- enihl written reports to -the me -and n -� eeT e tl}e progress -ef- the entire • Work.-The Construction Manager- sl>allartaintein -a- daily 4eg wing -a Feferd -Of Nveath2F �ktl3EarkEraEt6F5 - "'„ wing an-the4[e erkers Fk anrplisl}e PFebleRRs ,-aeauFrtered -a­Rd other similar > elevant -data -as -the - Qw-Fief may Feasonably requiFe. The log shall be available to ibe Own a nd Architect See Attachment No. 1. 2.3.2.7 The Construction Manager shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect at regular intervals. 2.3.2.8 See Attachment No. 1. through 2.3.2.21 See Attachment No. 1. 2.4 PROFESSIONAL SERVICES The Construction Manager shall not be required to provide professional services which constitute the practice of architecture or engineering, unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Construction Manager has specifically agreed in writing to provide such services. In such event, the Construction Manager shall cause such services to be performed by appropriately licensed professionals. In addition to the provisions of Paragraph io4 10.3 in AIA Document A-ar, if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered but not created on the site by the Construction Manager, the Construction Manager shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Omer and Architect in writing. T"he Owner; r�.,.� - Man geF- and Arehite4 —,I}a - lien- prec-eed4n4hesaRe , ma n per described -in Subpar gfa -ph ie.i. -4 -AIA d4e eumeRt A-2eR 41e - Owner 4a4 43�e -Feepeii4ble -[OF -ebtaiRing -the services -o€ -a - licensed - laberalewf 4o we* 44+e -presence -&r abse -&f Ore - material -er Rc-e perked *- the in the - eket�t teach at ateFiel �F �ubskaRee 4s -feund -te - ie - PFesen €e r er fy ih at �k has �eerl rendered 4aFR}les, Unless - ethenvise requife d -by -the GoniFa - 4;�eeu -the Owner - sha-4 furnish 4Rt iffiiiflg 4a 44i-e r meager -&Rd - ArEhitec -the nam es, -and - q*aMEi+keRs- 4- peFseRS -ereniiiies who are4a-peffaffa - tt�sisierif} =ing lh�- presel�fe er alseAee ef- sueh male rial -er -subs kanEe -erg are4e -perfefm4he4ask -af- remo al o s ,r e of su h maie iial- of- s ubstanee. he ONffie 4n Wi t-h g staking whether- or-Rot e eF has reasenable- ek jee#iar> to tl�e persons er entities prepesed-1 4he r. 4- either The Gonstruct-ion ManageF or ArEhiteE has an objectien- ke- a- persen er entity proposed 1}y t#e Owner, the Owne r shall - rf,9pese a110111eF -tca Vhetrt - the Eer}stFUEtiOn Manage F -i+Rd - Tehitee, have no reasonable o bjection . Attachment No. 1. ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 INFORMATION AND SERVICES 3.1.1 The Owner shall provide full information in a timely manner regarding the requirements of the Project, including a program which sets forth the Owner's objectives, constraints and criteria, including space requirements and relationships, flexibility and expandability requirements, special equipment and systems, and site requirements. 3.1.2 The Owner, upon written request from the Construction Manager, shall furnish evidence of Project financing prior to the start of the Construction Phase and from time to time thereafter as the Construction Manager may request. f=urnishing of such evidence shall be a condition precedent to commencement or continuation of the Work. 3.1.3 The Owner shall establish and update an overall budget for the Project, based on consultation with the Construction Manager and Architect, which shall include contingencies for changes in the Work and other costs which are the responsibility of the Owner. 3.1.4 STRUCTURAL AND ENVIRONMENTAL TESTS, SURVEYS AND REPORTS In the Preconstruction Phase, the Owner shall furnish the following with reasonable promptness and at the Owner's expense, and the Construction Manager shall be entitled to rely upon the accuracy of any such information, reports, surveys, drawings and tests described in Clauses 3.1.4.1 through 3.1.4.4, except to the extent that the Construction Manager knows of any inaccuracy: 3.1.4.1 Reports, surveys, drawings and tests concerning the conditions of the site which are required by law. 3.1.4.2 Surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and © 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 -5292. AIA DOCUMENT AIAl21 /CMC AND AGC DOCUMENT 565 - OWNER - CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - O 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006 -5209. WARNING: Unlicensed photocopying violates U,S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, User Document: a121cmc.aia -- 11/2912002. AIA License Number 1001042, which expires on 121212OD2. Electronic Format Al21 1CMc -1991 6 necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All information on the survey shall be referenced to a project benchmark. 3.1.4.3 The services of geolechnical engineers when such services are requested by the Construction Manager. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 3.1.4.4 Structural, mechanical, chemical, air and water Pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports which are required by law. 3.1.4.5 The services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Construction Manager. 3.2 OWNER'S DESIGNATED REPRESENTATIVE The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. This representative shall have the authority to snake decisions on behalf of the Owner concerning estimates and schedules, construction budgets, and changes in the Work, and shall render such decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager. 3.3 ARCHITECT The Owner shall retain an Architect to provide the Basic Services, including normal structural, mechanical and electrical engineering services, other than cost estimating services, described in the edition of AIA Document B141 current as of the date of this Agreeinent. The Owner shall authorize and cause the Architect to provide those Additional Services described in AIA Document B141 requested by the Construction Manager which must necessarily be provided by the Architect for the Preconstruction and Construction Phases of the Work. Such services shall be provided in accordance with time schedules agreed to by the Owner, Architect and Construction Manager. Upon request of the Construction Manager, the Owner shall furnish to the Construction Manager a copy of the Owner's Agreement with the Architect, from which compensation provisions may be deleted. 3.4 LEGAL REQUIREMENTS The Owner shall determine and advise the Architect and Construction Manager of any special legal requirements relating specifically to the Project which differ from those generally applicable to construction in the jurisdiction of the Project. The Owner shall furnish such legal services as are necessary to provide the information and services required under Paragraph 3.1. ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES The Owner shall compensate and make payments to the Construction Manager for Preconstruction Phase services as follows: 4.1 COMPENSATION 4.1.1 For the services described in Paragraphs 2.r and 2.2 the Construction Manager's compensation shall be calculated as follows: (Slate Crisis ofcompeusa[ion, whether a stipul. ?led sum, multiple ot`Direcl Personnel Lvpense actual cost, etc. include a statement ofmimhursdble cost items as applicable) For the Construction Manager's services during the Preconstruction Phase the Construction Manager's compensation shall be calculated as follows: A Stipulated sum of $28,150.00 see Construction Manager's Estimate of Pre - Construction Services found in Attachment No. 2 will be paid for services during the Preconstruction Phase. In the event that the Construction Manager continues to provide services to the Owner during the Construction Phase. one -half ('/2) of the paid_ Preconstruction Phase fees ($14.075.00)) shall be credited toward the amount of the Owner's obligations_ for the Construction Manager's Construction Phase compensation under this contract. 4.1.2 Compensation for Preconstruction Phase services shall be equitably adjusted if such services extend beyond one year from the date of this Agreement or if the originally contemplated scope of services is significantly modified. 4.1.3 if czem enfia4eR45 -based an--a inn tip e€-Dirert4 €xpense,4)irec-1 Persamiel Lxpense-is defin ed- as-Ehe direct Sala es- of 4he Eenstruetion " -t ranager-'s -persannel engaged -inn -lie -P+E�je4 1-the - portion -of 4he East -of -their for) Eustemafy - ee r s awl 13ei is relate klneeeter�uEl} as ° ^�, or�«7.i Faxes -ail etherstatutaeyemplayee henefits imurari€ , -&"- leave,- h-a a ays, vacation , r ensimis ei-� el�efrt� O 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 -5292. AIA DOCUMENT AIAl21 /CMC AND AGC DOCUMENT 565 - OWNER - CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA@ - AGC - Q 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C,, 20006 -5209. WARNING: Unlicensed photocopying violates U.5, copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: a121cmc.aia -- 1112912002. AIA License Number 1001042, which expires on 12/212002. Electronic Format AT21ICMc -1991 4.2 PAYMENTS 4.2.1 Payments shall be made monthly following presentation of the Construction Manager's invoice and, where applicable, shall be in proportion to services performed. See Attachment No. 1. 4.2.2 Payments are from #lie dale tl}e40�eliefi Manager's J"fi­reise4s- Fecewed*47e Owner. Amo s- � fker elate ert wliiclr- patent -is- clue - shall -bear interest -a+4he entered 13e1e>, r t khe absence thereA-at4he7leO-Fate- 1' fr R+Iki+ r: n a l ih p w +1, f5 rej ec! is !Beate& rr., ..gym ft'F25f-db fE E{- Hj36f3�' /I B+r•Rs -i- ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES The Owner shall compensate the Construction Manager for Construction Phase services as follows: 5.1 COMPENSATION 5.1.1 FaF e Construc Manager' perferffiaf c-e „f d Wark as d a i p th n. S h a ll_ Pa ' the Ge1fl5ti � 4 EUFFent -funds tke Contract c..,,, _eonsistinr -44he Cast of the Wert< xS� t ... ide -7 a d t h e GonsE..,.e. n stager ' Fee d as r.,ll. i,. See Attachment No. 1. { SEate- a- Ittttrjrsaetr�sv ...._�..F,._,...,rr.,...nF :x, <<, fk- ete.�2r�r�+�tstetrra �.,,_...:..:.... •x .'",.....,... „ -�� r._..., .,,.,r.,._..f -:., r,�,..,aocn agei�lerrcjrtsit�f�rzft 5.2 GUARANTEED MAXIMUM PRICE 5.2.1 The sum of the Cost Bf the We Construction ages' -s ee- afe guaranteed -by -.the ro.�etian Manage 40- ekeee+ lreume provided4 Amendrnent: -Nir.-i 3 -Hibjec -ae additiens -and �'�aens Ehanges -in- the -Wod -as pr -e 4ded4i+4he- Gontra Beetf-3 „6 C,..1, ..,..,.i.,, sum as .hurled by aF pr.,, e d .-1,...,,,u,• ;,,_ !he W l t in the Gentraci T oEu ,eiits as [l Guar-anie ;,] J„r p�p7 1 C- M H b tiHe e t by the Qwn See Attachment No. 1. 5.3 CHANGES IN THE WORK 5.3.1 A -ta -the Guaranteed b 4a�dinuHi -Mee -an -account -of ages -i* 4he WodE subsequent -te -tl}e ekeEiAian -ef - -t -be �'�nr,ifreR *- any of the methe of M l eeutnent-A--ai-.- See Attachment No. 1. 5.3.2 In e ti (exrzep t these r -ded h the Owner's- pfkff rzansef [ -eff4he-ba of east pltrs - fee- -, -the ter -fits Clause 7.3-3. of A4 eulnenk ternfs "eestS- "- a7fd-LR reasonable allawanrze oN a d pFafit" id i n SubpaFagfaph 7.3.6 of n „ vrnsri__T i 1 .-1,..11 11 nieamings assi ned to th e"I i n !hat doe uiiiefit and shall Ffet be ina dified b thi Ar!i 5 A.l;.,,.t, t sukanteis a w ith tl,aO p r „t an th basis of Eo rl., .. fee _shall _h Ea e d : ,,,..1.,.,r,, , .;t3, t h e t o f these o See Attachment No. 1. �i'� 5.3.3 In EaleulatLn g-adj n 4-a4he G-ontract, the terms "eosP -a-m4 rereret, previsions -of -AIA- De,eument A :2ai shall mea th Gasp of th A .. defined in Arti 6 of this A ffe effi efil: an t he Te "t d a Feas k allawance for- overhead aid profi!"shall m the Gens triiE ti an M aii ., ger ' s f as defi i S g -a0 5 „f_ihis_ g ni. 5.3.4 9-"-speeific preN m acle4n-Subpffa9Fdf4 - ., r ,...dju th n - _.,rt;, n ,,,r..., Fee in i1,e seof -Ehanges O 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 -5292. AIA DOCUMENT AIAl21 /CMC AND AGC DOCUMENT 565 - OWNER - CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIAO - AGC - D 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006 -5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: a121cmc.aia -- 11/2912002. AEA License Number 1001042, which expires on 12/2 /2002. Electronic Format Al21 /CMc -1991 6 ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE 6.1 COSTS TO BE REIMBURSED 6,1,1 :1'1.,, I.,.... "C_. of the Work" k f n_,, 1,,.Ih 4he- pmper— p�f3�e� � rn�r .-.- . c u - ri- cvsi$ �32GeS5a - � 1� ro�C the ' _se al ra as et h ihaii iho p at th e .,r l �rr- t h e - Pr°J ee! ekcepl N"'{ riof eEffl ° ' c rr ` of 0 . Th C I fth W L shall luACo the ilea s el for-1h i li, %9 � Tffide 6. See Attachment No_ 1. 6.1.2 LABOR COSTS 1 Nvar4eH direel1}` }`ed*44ie the eeiisl etkH -44he Work at Ic_ s or, N% 4 h the O wner ' s , at off s ite rmksh .2 lqAa salaFieS of "the LCSVIL Nianager- lY f54miniq+¢i'iTe 4 w s site Nv i cif .3 W ,. sa !_ga f I d e 'Gel 'r -4 .., .�l`.`t adfli }istfaiiielae�F5 He t .1 „1 F. _, ,•o- :���1« ^. � • ebe «',. "::1 eC'1`15s73�_Br ^,.,,,.,,,, BT -$R4he ad L ,,,1:1: the -p�LkCti9$$F Lranssf7ortatiaii of rnaterial5�t33ent°reg11 ed for t�: for- tha� pertion of theiF time reqe4ed for the Work. .4 Costs pai or i by !he G ons t Fuc ii on h4 feF I ee, �� :tr:l. rrttet�s assessFt� enaF�tJ_=e i �fe& b ! „ Elect:, a h », .,:.� - ,.l f .,,.1� a h,. „ ,,.h ^„ "� rt -_` sio a ' b efcfils' a or- r . , .,. 1 l Q,-e medie� m; heafll� _ e h Eatio „ -a-t i ided th ^ such ee are based afi : ages —a 3d- 6.1.3 SUBCONTRACT COSTS peyfl7enis - Riff a h uray the gait E9H1FaCt0rSi'Ft EC=6fda with th e -- te of Pi E0.9if: CtS- 6.1.4 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION .1 Cesis, ineludili transportatieH -of ma#e F}a1s -a-td equipment 4neor ofaterl -ff -to -be kiEoFperated -iii 4he ee eted - o 2 Costs -4 iIiater als -desefibe4- in- tl}e -pFe gGlat_!se 6.1-4.i 4H excess-a€ Lhase- aetth* installed -bu-1 red4e- PMA4e- I j F :l^.,,, n., e d l.• :f ^ h 111, handed the-at4he �g�11�1k�7i1C e f$r�aacz�i s� ^ '. - 0 -- - --- -` -- '.`.• -„�� m ,,. shall ^ ..,.,.,. I ..Ih„ eeHplel: of the We F at T1}e Q; s ePtiei �itall�e�el� l tl�e Comstrue ion Manager a oufAs -rea , i1;an) ftem s t Sales shall be " ' to th -- r as - dedue c _ _ the Cos ,,fah., U7.,4. 6.1.5 COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND RELATED ITEMS .1 Costs, - iE��Fkg- transpB� i ian,, : s ^^'latien, - tnaiirteiiaj ee; •�disfla• l rr r lin � - removal - 4 rrza terials, faeilitiesi maEhifteFy,- egtiF,*ieHt;- and- hand4eels•*et "'� owned =b— th eanstruett$H Nveflcers, i:n1ic Frovided by 11 Gons[Fuetion Manager at the site a f,.n„ ed in I h per -f manc-e- 64h: eEk, and eos' � es5 salv alue fi SL" itei�ts Het F>tll �e;,su;��t� sel+e ethers -er fetaed Ilse Go Eger hest derteffis - _Ay used by ihe Gefistr-uetian Manager shall fiiean fair Hiar4et value-.- .2 n °' 1 ac�m a l es for char -g t2iiil3era fa :F i B � �Hd hand took o ,. •'• . [aff aril • ,,, Arruelien b � Nvar ers, whieh-a-Fe previded Jay4he Gonstrt3 .F at tl3e -sites wheihe r Fented GanstFtt tie Et A4eHager el- et teF aHh eests of transpoFlii iea iDstallat oil 111inee Fe�airs aH� �lazeiT =e =t ; dismaiitli g -and removal the-Fe4 Rates- a ffi4 quantifies of equipment r-efited shall be subjeet ie [lie .3 Go s i s .,r_ „l F a l-� ris fro == Lhe site. 9 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 - 5292. AIA DOCUMENT AIAl21 1CMC AND AGC DOCUMENT 565 - OWNER - CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA(D - AGC - O 1991 - THE ASSOCIATED GENERA€. CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006 -5209. WARNING: Unlicensed photocopying violates U.5, copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: a121cmc.aia -- 11/2912002. AIA License Number 1001042, which expires on 1212/2002. Electronic Format Al21 /CMc -1991 9 .4 Ike "eken ile amiss ions -and 4o g- distaiiee F - calk pos€age-and res�s- .5 of the reasonable [Favel al l subsiste - e*penses of the Cafisimetion s4rile- t,aye l: ng: ,.a:s.- l,.,rgeof duties _ ,.:th the Wor4i 6.1.6 MISCELLANEOUS COSTS 1 T2h3, 13 di..,,-,1,. atiri )l this G oEp..., s for - ., —b /rF. Tro£- SE' s{- 1}35HR7 . , ' rra -x be1 r ° -- , 1�ltfiNRicYt{:� .2 Sales use - similar twEes 4R+posed 4)y -a -goveffi*ieHtal au �tieh -are related 4e 44+e WorlE -a*d -for -Wfaklt 4W - gep is liable. .3 Fees -aftd assessments Permits, --hc -eases_md4nspee9efis f whie-Irtfie Gonst=rur=1 tt- Manager-is Documents to pay� .4 Fees of testiHg ladorateries for testy ekeept-those r-ela ted-te- now IT forming - WaFlE- .,th thati that f o r - W hk li-pa�'fflEni . permitte by Clause 6.i.8.2. .5 Royalties and license fees­p&id -for- the rise -4-a partk lar design, pro Eess or pro reqti c , .. -ti - te CentraEt -3e ; the-east-o€ d tg - suit$-er Elaifiis4ef : rent -f patent -of -ether intellectua - proper�Y-Fights arising €rein -,uC4- ­ - -the GontraEt- Dor=ui +e ts;payments fiiad -n actor -dai e -w3t13 rte, t t "�le gal- jt�gff3eittS- againSt �vizciii£- ric.n l�t4aitager resulting- 4om­suEhwits -9r made- Ath4he Owner's -eeR6ent;proyided ; - r El3at suEli osts �af -legal defenses +idgRients -the- consLruEtiel2Managern5 1 ee 9r tl3e Qiarp t' Mammum PriEe provided) royaltie easts are n9t- 7� exclude -1}y -the -last ' nLe ce -of -Stfbpa�k 3.17.1 -of �4 - Roeument lei -of oilier provisions --of -the �-Gont-raet - Dorzurne its .6 Data pro cessing s [ s rel t t h e )nr,,.v. .7 resits lest €e Ow ner - set forth_iR thi a,,,,,,,,,,,,,,,+ .8 I egal nediatien -and arhitrat fasts, ether -than those arising -frem disputes - hetween 4he Owner -and Eenstrl ic�ian - TT.,.,...,ar- _r�..ran b th r., st.- ur = ti o n M iii the p erforma n Ee of tile Work ..,,a , .:,1, th & ,,.:tl .9 €-�p ;near—red i R ersoiiaei paliEy for •refeEati aii aiid temp oraFy H-N4 ig allowances -of - personnel required - for -tine W0Fk, 4R case -it 4s wry -to - releeate -,xclr - personnel gent distant - le Eaiians- 6.1.7 OTHER COSTS .1 O i rz ed n_the_ a finan e o ftl \AI I.:f t the e xte n t a r oVed i n ad van ee h ,r:t: g by the Q wfi it 6,1.8 EMERGENCIES AND REPAIRS TO DAMAGED OR NONCONFORMING WORK The Cost of the Work shall also include costs described in Subparagraph 6.1.1 which are incurred by (lie Construction Manager: .1 In taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property, as provided in Paragraph 10.3 of AIA Document A201. .2 In repairing or correcting damaged or nonconforming Work executed by the Construction Manager or the Construction Manager's Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence or failure to fulfill a specific responsibility to the Owner set forth in this Agreement of the Construction Manager or the Construction Manager's foremen, engineers or superintendents, or other supervisory, administrative or © 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 -5292. AIA DOCUMENT AIAl211CMC AND AGC DOCUMENT 565 - OWNER - CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - b 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006 -5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: a121cmc.aia -- 1112912002. AIA License Number 1001042, which expires on 121212002. Electronic Format Al211CMc-1991 10 managerial personnel of the Construction Manager, or the failure of the Construction Manager's personnel to supervise adequately the Work of the Subcontractors or suppliers, and only to the extent that the cost of repair or correction is not recoverable by the Construction Manager from insurance, Subcontractors or suppliers. 6.1.9 The costs describ 6. i. i- thfe uo- 6&.g- 4mg -be 4neladed- i* -the - Lest- ef-the ! notwithstanding -any- efw -Dee nil it tee; or oih may require the Construction Manage r-tcapay suc=k eas - iless such _Eari � , de w ] by the 6.2 COSTS NOT TO BE REIMBURSED 6.2.1 The Gasi of ihe Work shall Hot de� .1 Salaries -atfd ether eampexsa#tan -of - the Gonstr -uet err Manager's personnel stationed -at -the Canstruc=tien Manager's - 1 €s� affi other il s rr, t _ .,ll ;,lea n Clauses , and 6 � 1 - rY`'ii'iY i ° °ii - xc - cam' icy. i„n C. ° ..,�e nc. ep uu up 2£� •- :s ae. .. »... .._ .2 E-ipeiises - of-the Qnstrft e#ieii wager's - pfineimpal affiEe -,a*d ef€ieze5 -&they -tha-n - the -site effiee eXEept -as speEifiCall) - pre�zided iii Papagraph 671-.- .3 r7..,,,.h,, .,,,a , ,..,1 enses,e3Eeept sffiayb eexpFessb,i Ehtd in Paragraph .� .4 The Ga.- struciian MaRager s —ea fAW etpenses, inelitd g :. 1teresi an the GangtFuctieit employed for !he- Wler .5 n„ ,..1 -q,� „r. z h ndo t,er', i a. eih ded n Subparagraph T � p ��a .6 € aTA-as provided-in Clause 6.i.8,2, costs -dae -Ee-the neggge -&f4he Get}struetionwageF -Of 4e4he failuFe of the - Gan5#r-u i tl on >ti,r.,,,.,,, i F.l fill . ,, eC, lle responsih , t th n.,,,,,,r set r ,al. in this Agreement .7 C : ed in th pe r f rma ee of P r ,,-.,,,..+,.uetion Phas Set�fices:- .8 Ex ce pt prov ided i n C laus e 6 .y�Ee -A8t�3 :F n., a nd sly d i n _ Pa ragra ph 6+ . j:i� a .9 /',,,.+,. ..1, :.-1. ., „ +1, , C e- c:ccecvcv: 6.3 DISCOUNTS, REBATES AND REFUNDS 6.3.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (r) before making the payment, the Construction Manager included them in an Application for Payment and received payment therefor from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to snake payments; otherwise, cash discounts shall accrue to the Construction Manager. "Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be secured. 6.3.2 Amounts which accrue to the Owner in accordance with the provisions of Subparagraph 6.3.1 shall be credited to the Owner as a deduction from the Cost of the Work. X 7. 6.4.1 The Construction Manager shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract and all Subcontracts the accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's accountants shall be afforded access to the Construction Manager's records, books, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project, and the Construction Manager shall preserve these for a period of three years after final payment, or for such longer period as may be required by law. ARTICLE 7 CONSTRUCTION PHASE O 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 -5292, AIA DOCUMENT AIAl211CMC AND AGC DOCUMENT 565 - OWNER - CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA@ - AGC - © 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006 -5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, User Document: al21cmc.aia -- 1112912002. AIA License Number 1001042, which expires on 1212/2002. Electronic Format Al21ICMc -1991 n 7.1 PROGRESS PAYMENTS 7.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager and Certificates for Payment issued by the Architect, the Owner shall make progress payments on-acr=nunt of the Gontract to the Construction Manager as provided below and elsewhere in the Contract Documents. 7.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows 7.1.3 Provided an AppliEatien fe Payment4s received-fi "fee OwneF rll ll make - paymentoeilre , 4he ".mot after -the appliEaiierl wed ahfn pa� shall be made -ley-Ehe Ownex -fact later- than - -flays -aater -eke A«Ehiieet receives the- ^,...F: f n.,,..-.mi See Attachment No. 1. 7.1.4 With each Application for Payment, the Construction Manager shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Construction Manager on account of the Cost of the Work equal or exceed (1) progress payments already received by the Construction Manager; less (2) that portion of those payments attributable to the Construction Manager's Fee; plus (3) payrolls for the period covered by the present Application for Payment. 7.1.5 Each Application for Payment shall be based upon the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work, except that the Construction Manager's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Construction Manager's Applications for Payment. 7.1.6 Applications- fertea} rnent- l3allSher+4-he- pereenikageErn War-k- as-ef4 e- end- 44he pe-ried 13 -the neNt A.,..1 e for Payme b (b) the shaFe of th !',,.,r.,,,,, e d M...d f nr: E -&led- to- tlfia-t-p o th ,A ar k i t h e SE .,f-value See Attachment No. 1. 7.1.7 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by [lie share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Subparagraph 7.3.7 of AIA Document Azo1, even though t11e Guaranteed Maximum Price has not yet been adjusted by Change Order. .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in t11e Work or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing. .3 Add the Construction Manager's Fee, less retainage of five percent (5%). The Construction Manager's Fee shall be computed upon the Cost of the Work described in the two preceding Clauses at the rate stated in Subparagraph 5.1.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Subparagraph, shall be an amount which bears the same ratio to that fixed -sum Fee as t11e Cost of the Work in the two preceding Clauses bears to a reasonable estimate of the probable Cost of the Work upon its completion. See Attachment No. 1. .4 Subtract the aggregate of previous payments made by the Owner. .5 Subtract the shortfall, if any, indicated by the Construction Manager in tile documentation required by Subparagraph 7.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's accountants in such documentation. (0 T991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 -5292. AIA DOCUMENT AIAl21 /CMC AND AGC DOCUMENT 565 - OWNER - CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA@) - AGC - d 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006 -5209. WARNING: Unlicensed photocopying violates U.S, copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: a121cmc.aia -- T112912002. AIA License Number 1001042, which expires on 12/212002. Electronic Format Al21 /CMc -1991 12 .6 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document A2oi. 7.1.8 E Eep , .:4E, +h„ !l„ .,1 „lc_k� .+kactry s h a h� aubj e t re t en tio n oF less k than percen T "'v ^ [- fi}]}}r r r e r - �"G'1 a. The Ow ie a -tlhe rem Manage -- agree- upen -a m and approval-fff- payffierrts -a-Hd �et�..on f )F suh - -�mraets— See Attachment No. 1. 7.1.9 Except with lie Owner's prior approval, the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 7.1.10 In taking action on the Construction Manager's Applications for Payment, the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager and shall not be deemed to represent that the Architect has made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Subparagraph 7.1.4 or other supporting data; that the Architect has made exhaustive or continuous on -site inspections or that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's accountants acting in the sole interest of the Owner. 7.1.11 See Attachment No. 1. 7.1.12 See Attachment No. 2. 7.1.13 See Attachment No. 3. 7.2 FINAL PAYMENT 7.2.1 F i na l_ p a yrnen shall u eade by the Owne t er arFR >t r cox str-uciio Manage E eXEept 41of -he r • • crnss t ru ction 4,�-5 - responsibilit) 4e -eo fec4 n^" onfeE ing Work, -as provided -ii} - Std3 paf:agr „„h ._._ o f n Documnn n and tosalicG- al- Ap &atien -fer MA errt�ft a tfnalacczounting-€ F4he -Gast- of- tfieAA!er1<4ave- beffi submiued *4he construction ageF —&FA- revi ad by ON an -(3) -a -lint Cer-ti for n.,,.,,,,,,,1 ha s4hen -b en i b th ,1,.,.hiteeti su ch fina -pame*t- shall he fi ,,,,.,. a d e h„ +h n, H0 1 , WEE th 3o days after Elie isstfa ; E„ „F 4h., A.,- h�l,.r.. F G aEa_F_ r n,.. ,+ ++k a s r.,n..,..r• See Attachment No. 1. 7.2.2 The amount of the final payment shall be calculated as follows: .1 Take the sum of the Cost of the Work substantiated by the Construction Manager's final accounting and the Construction Manager's Fee; but not more than the Guaranteed Maximum Price. .2 Subtract amounts, if any, for which the Architect withholds, in whole or in part, a final Certificate for Payment as provided in Subparagraph 9.5.1 of AIA Document A2oi or other provisions of the Contract Documents. .3 Subtract the aggregate of previous payments made by the Owner. If the aggregate of previous payments made by the Owner exceeds the amount due the Construction Manager, the Construction Manager shall reimburse the difference to the Owner. 7.2.3 The Owner's accountants will review and report in writing on the Construction Manager's final accounting within 3o days after delivery of the final accounting to the Architect by the Construction Manager. Based upon such Cost of the Work as the Owner's accountants report to be substantiated by the Construction Manager's final accounting, and provided the other conditions of Subparagraph 7.21 have been met, the Architect will, within seven days after receipt of the written report of the Owner's accountants, either issue to die Owner a Final Certificate for Payment with a copy to the Construction Manager, or notify the Construction Manager and Owner in writing of the Architect's reasons for Withholding a certificate as provided in Subparagraph 9.5.1 of AIA Document A2oi. The time periods staled in this Paragraph 7.2 supersede those stated in Subparagraph 9.4.1 of AIA Document A2oi. 7.2.4 "e the- Cost -e€4he Work as substantiated- by4e£eRstrUEliO.9- M&HageF's fi to -be- less-t vffi ed4y4he ( "r.�� ManageF e-9- Nvith9ttf-a #rkheF decision of-ih n �rrehiteei. demand fBf- Hiediatiffn or arbiira lien -af4 e disputed -raft 8ttHl- shall- beRi de*' -the �'^,�� agel viTh n 6o- days- after / lie ra�r Man ge s Feeefpt s€ a -eep) -44€te A. t's €11aa1 Ger{� a P .,4 Fail to a h - s ur4i demand NvithiH tii s h a ll I Ih repo rted _bvzL�_ D 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 -5292, AIA DOCUMENT AIAl21 /CMC AND AGC DOCUMENT 565 - OWNER - CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIAO - AGC - D 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, T957 E STREET, N.W., WASHINGTON, D.C_, 20006 -5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: a121cmc.aia -- 11129/2002. AJA License Number 1001042, which expires on 121212002. Electronic Format Al21 /CMc -1991 13 ON% ner-'s accountants beeafni tg d lg- eift4>e Construction Manager-, Pending -a-fmg resolution -4-t#i7e- diliptrte4 ameUnt tl}e ONVIle r- sh.,13 p the r., . -t.., 1,. T...,. ,..or_,l,a..,,� :., sh n.�l,:��, -� Fi G,,.. See Attachment No. 1. 7.2.5 subsequeRt4e- fi4A- pa) meItt - &t-i13e Owner's q*e-A-,-ihe Construction n- i anager ifiEHFS "0 described in 37.,,..,,,,. ph - ARTICLE 8 INSURANCE AND BONDS 8.1 INSURANCE REQUIRED OF THE CONSTRUCTION MANAGER During both phases of the Project, the Construction Manager shall Purchase and maintain insurance as set forth in Paragraph 11.1 of AIA Document ALo>. Such insurance shall be written for not less than the following limits, or greater if required by law: 8.1.1 ,nr .l. . ' r .oe,,I, Employefs'Liability meeting siakit" limits mandated by Siate and Feder-a! laws. if (i) limits ifi eiEeess of,hs requ b statute F t. e-P ided or (a) t he em i "ntal:�[aril b ou nd to obt :in uEh insurance eoN or 04 -a dditional diti. na l d�d diti e ..,,1 c „a 1i A �ueh in5 �all-b e as : F [fir° - roc+ �urzvrivi� See Attachment No. 1. 8.1.2 Gornmereial -General -L-iaiiility 4n coverage -far Wises- Qperatiensr -budep endenIm Ca -s' Protective 44eduets Completed-Op G hiabiliiyi PeFserralinjury, an+ Broadar- m-l4"erty Damage (inEltidi g eeverage fer Explosion, - Collapse ai r fie a Each Occurrence General Aggregate Personal and Advertising Injury Products - Completed Operations Aggregate 1 T4 . shall b n i h a the General Aggre appb- ai h is PF Emly_ .2 PFB - ig } r �h.,ll 1, am ,1 -[F i 1,,....a .,,.1,.1 a ft er e ith e q- .3 The Y en t rae i u -.l 1 :.,h:l:r,.:,, shall iFlE em _ uffi.-_ienlun the oblig ations i h T A Tl eEFlf }3e .,r vi_rind p „h 3. ig . 8.1.3 uiamo Liability I.... ne n _ owned _a 1 hi ye h:El es ) f,,r b injur� a d-p � -y -da n age:_ W-mr-'�:' M . 8.1.4 QiheF eeveFage, /lff ' {iilf - feqEdfed aizeF Me epJqxsefmr?6r- relentia ;,,-,_> the eo.,-«. tine -hi jn� fi .».,.. .:..I G r ahiA4 .... d-Ah4h4 efflebik- - �,. 5 ,' �r�- t�r�ae�{ i�f �rl- �{ ica' esc�r-# ���- a- t- e�r�{ i t &Rd §{lilr�e{�ies =� 8.2 INSURANCE REQUIRED OF THE OWNER During both phases of the Project, the Owner shall purchase and maintain liability and property insurance, including waivers of subrogation, as set forth in Paragraphs n.2 and 11.3 of AIA Document Ami. Such insurance shall be written for not less than the following limits, or greater if required by law: 8.2.1 Property Insurance: © 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 -5292. AIA DOCUMENT AIAl211CMC AND AGC DOCUMENT 565 - OWNER- CON5TRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA@ - AGC - D 1991 - THE A550CIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C„ 20006 -5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: al2lcmc.aia -- 1112912002. AIA License Number 1001042, which expires on 121212002. Electronic Format Al21 /CMc -1991 n et amou t h e paid 1- Deductible Per Occurrence Aggregate Deductible 8.2.2 Boiler and Machinery insurance with a limit of: (lfnot a blrnket polies, list the o6jecls to beinsured.) 8.3 PERFORMANCE BOND AND PAYMENT BOND 8.3.1 The Construction Manager shall (Insert "shall" or ','Thai] nor') furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder. Bonds may be obtained through the Construction Manager's usual source and the cost thereof shall be included in the Cost of the Work. The amount of each bond shall be equal to one hundred percent ( 100 % ) of the Contract Sum. See Attachment No. 1. 8.3.2 The Construction Manager shall deliver the required bonds to the Owner at least three days before the commencement of any Work at the Project site. ARTICLE 9 M15CELLANEOUS PROVISIONS 9.1 DISPUTE RESOLUTION FOR THE PRECONSTRUCTION PHASE cope °arre t y - w44 -a demand-feE mediation -and hell- lie made- w ithin -i+ reasonable tirne -aft -the fir, -d4sfw4-e -of other - n3atteF4R qkf es iien h as arisen. in no event s h a ll Abe dem for arbi{fakiaR -be trade •• n : , °�iatio,k of legal -of- e�}l3itabEe prec ed xgs�ased upon such elairrr, dispute er other- matt in queAian ive be applicable stair - €- l: it mss- 9.1.1 Claims, disputes or other matters in question between the parties to this Agreement which arise prior to the commencement of the Construction Phase or which relate solely to the Preconstruction Phase services of the Construction Manager or to the O wner's obligations to the Construction Manager during the Preconstruction Phase, shall maw upon_ mutual written agreement of the parties be resolved by mediation or by arbitration as set forth below 9.1.2 Aiiy inediatiaii Hducteel pursuartt-te -this Paragraph - g -.i-,h l4_4e4wl4 n aceerdaiie e l? e Eanstruc-tierr4R4a4fy- Media-ti mules -of -the -Ameriea -R Arbitr atieH - Association - eur-reni -ift effeet unless the parties mutuall) agree elhepA5L Demand-RqF artediation shall -belled- it} wFiting wi#h ke- 041er- party 4a - this hex# - a*d - - the - � Ft erica n - ArbiEratiett - Ass ociation . Any aa., and fer-ffiediaiion shall bead -e within a• reasertable -tinge -after 4ke rdaini dispute -of ether utter -in - tii shall the demand [Far m ediation question has arisen. in e be treacle -a ter -tl+e -date when institution -af 4eo -er a le - proceediRgs ed- upetr -sueh claim, ttke-oF ethe> matte -in- question -weaid -be barred -lam Ore - applicable statute -4 - li., ialm eirT 9.1.3 Any claim, dispute or other matter in question not resolved by mediation shall may upon mutual written agreement of the parties be decided by arbitration in accordance with paragra 9.1.1 above and the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. 9.1.4 Demand-far arbitration hall -be- iled-irt writing i#fr- the athee - party -te -this Agreement -and -with -the American - Arbitratio A sso-r i al I i 0n. P d eman d r r bit t l e made 9.1.5 No arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agreement and signed by the Architect, Owner, Construction Manager and any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Construction Manager, a separate contractor as described in Article 6 of AIA Document A2ot and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner or Construction Manager or a separate contractor as described in Article 6 of AIA Document A201 shall be included as an original third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute agreement to arbitration of a dispute not described in such consent or with a person or entity not named or described therein. The foregoing greement -to arbitrate artd- ether agreements 4a arbitrate -with -air additional- peFEe -rt -er - entity - duly -cei e 4e-by- par44es­to 4his Agreernetrt-ihall -be- sp enfoFE -under affable -law 4n terry court - haming 1d thereo - 9.1.6 =ire ffivafd rendered -by ire arbitrator -er arbitfaters - 4iffR -be -ftxal -ttd Jud y die eiitered -upan -4 -in - a eEoF d w ith- " g jUr iSdkliffll tkereeh 9.2 DISPUTE RESOLUTION FOR THE CONSTRUCTION PHASE O 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 -5292. AIA DOCUMENT AIAl211CMC AND AGC DOCUMENT 565 - OWNER - CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIAO - AGC - © 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006 -5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: a121cmc.aia -- 1112912002. AIA License Number 100T042, which expires on 121212002. Electronic Format Al211CMc -1991 ,5 9.2.1 Any other claim, dispute or other platter in question arising out of or related to this Agreement or breach thereof shall may, upon .. mutual written agreement of the parties be settled in accordance with Article 4 of AIA Document Azar, except that in addition to and prior to arbitration, the parties shall endeavor to settle disputes by mediation. 4n- aeeerdeHc -e- w4h 41i-e r ^ lnd ustr� Medial: oft Rules -af 4he - n , rl � . Trbitr atian - A�is�� currentb 4H effea unless par-lies mtftuall) agree , s4_- -k-ny ,. ern arisi»g utider- 4iis Varagmp +hall -be eend -ifi accordane -with 4he - 9.3 OTHER PROVISIONS 9.3.1 Unless . otherwise noted -the s -used -in -ibis - Agreemen -&1hi4 4iave - the same -meaff* -as these 4n 4he -tgs7 - €dition -of -AJ-4 -Be 42e� general Cenditiens -af -the - r� See Attachment No. 1. 9.3.2 EXTENT OF CONTRACT T49s Contract, whkh-iiteludes -this Agreemeni-a-nd- tl}e•ether- doeuinefAs in cerporated herein * re ereREe, represenis -the - e ntiFe -and integrated agreement between -the OwneF std - Construe-tion - Mffliager- -and - supersedes - all - prier - nega44�, - EepFesetilations -r agreements, either Nvriitetf -or- -efat 444s - A...,,,,,,,en ma y-be a „1.,. mi l ...•-;u i .m wl r a_ ley- both4he C)Nffier -arid GeRtrac-fi � Manager. -€ ar iift 4n- „„y4e - .,ioid :. J - its i � flit is inconsistent "" T -c`° csri e , A4 l - this -Agreenief , -this AgFe ffieii- evem. - See Attachment No. 1. 9,3.3 OWNERSHIP AND USE OF DOCUMENTS The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Construction Manager, are for use solely with respect to this Project. They are not to be used by the Construction Manager, Subcontractors, Sub- subcontractors or suppliers on other projects, or for additions to this Project outside the scope of the Work, without the specific written consent of the Owner and Architect. The Construction Manager, Subcontractors, Sub - subcontractors and suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. 9.3.4 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located. 9.3.5 ASSIGNMENT The Owner and Construction Manager respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. ARTICLE 10 TERMINATION OR SUSPENSION 10.1 TERMINATION PRIOR TO ESTABLISHING GUARANTEED MAXIMUM PRICE 10.1.4 Pier -te t.rr -boihpar-Lies „r i .i. n,, T esiablishi g4he Guaranteed k4axix-rurn Price, t he mmer ma) - te -this Contract - at -ate iifHe - rtiithou+ cause, -and -the - Eenstructierr�r may lerminate ihas ConiraE 40r-affy-4- t4e rea son s 14.1-i Of M Cuff - A?e}- See Attachment No. 1. 10.1.2 iral, thi GentFaA - pursuant -te iris Paragraph ie.i - prier Ate - o€-the Genstructten- Phase -44-ie Ga stmetion #� 4all -be equitab e0fflPeH5ated Oar - Phase serv - perfemwd -- prier 4e - reeeipt -of notiee -of ter;rririatio n - prev4deE6 per 44r4 4-he com ensatiee -for - sueh services shall net - exceed 4he ea m ensatien -5et ierth 4ii - Subp See Attachment No. 1. 10.1.3 if the r ,.,, ,; , >v,i F t -ai ies this CentFact puFsuani -to -this Paragraph ie. after ,,c<i of the • Phase, Gonstruction Ncinag f -&hA-1- h e paid afi aiiieunt caleulaled as fall 1 Take 4he -Cost -of 4he Wad 4ncurred 43y 4-he - iQ,rManager. .2 Add -the Gonsififelien Manager 's-Fee Eempuied- epE ffl -the -Cost -of 4he -Work -te 4he -dAe -of - kerf ien-att-ilie -Fake kated-in4 i-f4he CenstruetieiiEger -s-} ee44ated -as-a- fi*e4 sum -in 4rak Paragraph, -an afiiE3 utft which - bears the saute Fatie4e4h -at fhEed sum Pee- as-ihe- Cest-e€A4aFk-at- the time Fnrinatian- beaH4o- a- reasefialile e te -ef4he probable Lest -444e- „1_ u pon its °l Sabiraet -the aggFegake -of previous - payfefiAs - made 4fy -the 9NviieF -OR aceou�tt of the C- enstF 4ion Phase. The Owner -gii+ll -also - pay -the r•o-• sirticiian ManageF flair - eomp e , �•�,�aiiof ; - eitheF4ay purehase -&F- Fental- at- the-eleetiefa -of the Owner, -for -affy equipment awffed * - the Qiistmetion - Manager whic-h4h,- Owner elects a Fetatn and�hiel} is t�et- aihenvise Included 4n - the -Cost -af 44ie Work undeF clause - n -'To -the Merit -tha# -the QNsgicF elects -to 4e4 4e0 assigfifiietit -ef -i'a4Eentracts -a-Rd - rrrrc4hase orders - 4iieluding - rental -agreement -ilie Qnstruetiefr manager - shall -as -a - Q 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 -5292. AIA DOCUMENT AIAl21 1CMC AND AGC DOCUMENT 565 - OWNER - CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIAO - AGC - O 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006 -5209. WARNING: Unlicensed photocopying violates U.S, copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: a121cmc.aia -- 11/29/2002. AEA License Number 1001042, which expires on 1212/2002. Electronic Format Al21 /CMc-1991 16 Eondition of Fec�ii4fig t#te payments referred-€e4n4his-A+64e- re exeEulzend deiiN site gapers acrd take al!- sueh Ceps - ifiElUdifl g4he4egai assignment of - such sui3contracts aeJ -ot-her- canttact�aiights$f the r^. Manager as-the Ow rter- fiiaGoer}air-e-fer-the -pur- Bose of fully vesting4n4he ON er4he- Aghts-&xd- benefits -4 he r ^ry r I+ anager u�der�ueh- „ 1 n L r- E IS n urehase- orders. S 1 eonlraels, pufEhase eEdeFs -aiid )rental its enterej - fiit6 Iffy the 9�3�r ex�' on Manager -wkh -the Owners svpiitei - a-pp rava,l -prier 4e -the eNeeufian -of Amei dmeut -Ne-. -i -41all - EE)Frtaili pr- evision`` - permitting assig'n'ment 4-9 44e ONme -as - ' :ic - above. Off -the -Owne ar=eepls 3tieh zassignment, 4he - or ifidenmify [he Gonsiruetion Manager 0%"er shall ,.'s ec t a ll , ..t.. a r i s i ng aa l,e s ubeontr a e fi , use order -or rental- agreemefitt t ase Nvhich rve i�et ha}e- 1)e reimbursable -as-Go -A of theA4-'o if the contract had ncat- been terminated. -N 4he ON eleeis -net 4e - aeeept -the - assig tlellt -ef -aff - ubEantrac-l' purEhase order -or rental - agreefrPT -wh ch-wsu dire co stil:t4ed- a-Gost -af4he Wer4 - - this agreement -net -been 4e rnifiuied, eke Got tructio,T Manager -badl ' min atz SNIT- SEfb cvrrtiiciT pi3r£li&Se arde -er- i•'entit•1 - agieemeni -and-the Owner s1ia4 fmt r te'" tion Manager 44e posts - nn eEessarily - incurred -by -the Vie tieH - M b reason o fsuch ter See Attachment No. 1. 101 .4 See Attachment No. 1. 10.2 TERMINATION SUBSEQUENT TO ESTABLISHING GUARANTEED MAXIMUM PRICE Subsequent to execution by both parties of Amendment No. 1, the Contract may be terminated as provided in Article 14 of AIA Document A2o1. 10.2.1 4+i 4he even is -of -such terminati *, -the Off er -the - arnauit -pay able -ta -t-he Ganstrnet en aHager pumuali 4e - C,.i.....,..,,,, „„1, , ,.r nrn n...- „,z- u _A-,.,, �l,..11 not n a„a �cr�xrrirn-iv- n =-�= -pursuani -to -Subp aragraphs ioa, -arid ia.i. 3 -of -this - n o ..,,i . 10.2.2 M44ieevertto€ sueh - by4ie �'�I Manager, theaxe 4e- 4e-pai44o he Goo OR Manager - undee Subparagraph -10, -of -AI4 ­J)Le Etimetit der -shall -net - e keeed -the amount -the G ensirtfe ii efi Manager would -be - entitled -to receiv under t3a agr hs ie.i. -ET re 13 alic - e opt that # Ile Fenstrl tiol} ages ee all be eakulate+l- as if the Worle -lead- been- fully-e-aHipkted-by-t ie r^. ai - Manage� ” -a reasaiiable -estiinate -of -the Lest -4444 - Werkfe Work _no! _ p l i -W 10.3 SUSPENSION The perk -mayy -be - suspended * 4he C)Nffler -as -p"ded -i-H Sikp aragEaph i;t =3:2 -of -A4-A - Document -Aaot e�ieep4 -that -tke - temi Wiest -of - per-formance - -the GeiitraeP 4n -that —,hall -be understood -to mean -the Lest -of 4he - NN4H- E-aiid4he ...�to - mean 4he - GanstrueEiartinager's Fee as aeseri ed in Subpayet+aFh&5-.i-.i- d O f hi n t ARTICLE 11 OTHER CONDITIONS AND SERVICES See Attachment No, 1. This Agreement entered into as of the day and year first written above. OWNER BY: C DATE 1 . oa ATTEST -may CONSTRUCTION MANAGER BY: Anthony W Martel,.,Madel- .Coostruct1D.a, Inr- DATE /Z•oSrbZ ATTEST © 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 -5292. AIA DOCUMENT AIAl211CMC AND AGC DOCUMENT 565 - OWNER - CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA@ - AGC - O 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006 -5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: a121cmc.aia -- 11129/2002. AIA License Number 1001042, which expires on 1212/2002. Electronic Format Al27/CMc-1991 Amendment No. i to Agreement Between Owner and Construction Manager (To be executed after the acceptance of the CM's GMP) Pursuant to Paragraph 2.2 of the Agreement, dated between (Dinner) and (Construction juanager), for (the Pmjecr), the Owner and Construction Manager establish a Guaranteed Maximum Price and Contract Time for the Work as set forth below. ARTICLE I GUARANTEED MAXIMUM PRICE The Construction Manager's Guaranteed Maximum Price for the Work, including the estimated Cost of the Work as defined in Article b and the Construction Manager's Fee as defined in Article 5, is Dollars (s). This Price is for the performance of the Work in accordance with the Contract Documents listed and attached to this Amendment and marked Exhibits A through F, as follows: Exhibit A Drawings, Specifications, addenda and General, Supplementary and other Conditions of the Contract on which the Guaranteed Maximum Price is based, pages through dated Exhibit B Allowance items, pages through dated Exhibit C Assumptions and clarifications made in preparing the Guaranteed Maximum Price, pages through , dated Exhibit D Completion schedule, pages through , dated Exhibit E Alternate prices, pages through , dated Exhibit F Unit prices, pages through , dated ARTICLE 11 CONTRACT TIME The date of Substantial Completion established by this Amendment is: OWNER BY, DATE ATTEST CONSTRUCTION MANAGER BY DATE ATTEST © 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 -5292. AIA DOCUMENT A[Al21 /CMC AND AGC DOCUMENT 565 - OWNER - CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIAO - AGC - b 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006 -5209. WARNING: Unlicensed photocopying violates U.S, copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: al2lcmc.aia -- 11/29/2002. AIA License Number 1001042, which expires on 121212002. Electronic Format Al211CMc -1991 III AIA Document Al21 /CMc — Attachment No. 1 Description of Revisions to the Contract ATTACHMENT #1 TO THE CONTRACT BETWEEN BOZEMAN PUBLIC LIBRARY ( "OWNER ") AND MARTEL CONSTRUCTION, INC. ( "CONSTRUCTION MANAGER ") DATED OCTOBER 11, 2002 The following provisions modify, change, delete from or add to the agreement between Owner and Construction Manager, AIA Document Al21 /CMc, 1991 edition. Except where any article of the standard form is modified, or any paragraph, subparagraph or clause thereof is modified or deleted by this Addendum, the provisions of that article, paragraph, paragraphs or clause shall remain in effect. For purposes of this Project, the terra Construction Manager (CM), Construction Manager at Risk (CM -AR) and Contractor shall all mean the Construction Manager identified in this contract. For purposes of this Agreement, the term "Subcontractors" shall mean any contractors, subcontractors, or trade contractors who are awardees of contracts for Work on this Project whose work is included in the CM's guaranteed maximum price. ARTICLE 1: GENERAL PROVISIONS General Conditions 1.2 Delete in its entirety and replace with the following: "During the Construction Phase of this Project, the Construction Manager's responsibilities to the Owner shall be as set forth in this Agreement and in the 1997 Edition of the AIA Document A201, "General Conditions of the Contract for Construction," as amended, which is incorporated herein by reference. For the Preconstruction Phase, or in the event that the Preconstruction and Construction Phases proceed concurrently, AIA Document A201 shall apply to the Preconstruction Phase only as specifically provided in this Agreement. The term "Contractor" as used in AIA Document A201 shall mean the Construction Manager." Add a new section: 1.3 Pre - construction and Construction Phases of Work The Parties acknowledge and agree that the Construction Manager will provide services at the Pre - construction Phase, (which shall run through the Bidding Phase) and, if approved by the Owner, through the Construction Phase. Until the Owner has given written approval for use of the Construction Manager beyond the Pre - construction phase, pursuant to Amendment 1 hereto, the Construction Manager shall have the authority to provide services only through the Pre - construction Phase at the compensation set forth in Section 4.1.1. ARTICLE 2: CONSTRUCTION MANAGER'S RESPONSIBILITIES Subcontractors and Su Piers 2.1.6 Delete in its entirety. Add a new section, as follows: 2.1.10 Overview of Services The Construction Manager will, at a minimum, provide the following services: Al -1 1. Consult with, advise, assist, and provide recommendation on all aspects of the planning and design of the work. 2. Provide information, estimates, and participate in decisions regarding construction materials, methods, systems, phasing, and costs to assist in determinations that are aimed at providing the highest quality building within the budget and schedule. 3. Review in- progress design documents and provide input and advise on construction feasibility, alternative materials, and availability of materials and equipment. Review completed design documents and suggest modifications to improve completeness and clarity. 4. Provide input regarding the current construction market bidding climate, status of key subcontract markets, etc. Recommend division of work to facilitate bidding and award of trade contracts, considering such factors as bidding climate, improving or accelerating construction completion, minimizing trade jurisdictional disputes, and related issues. 5. Develop and continuously monitor the project critical path schedule and recommend adjustments in the design documents or construction bid packaging to ensure completion of the project in the most expeditious manner possible, while addressing and meeting schedule requirements. 6. Prepare construction cost estimates for the project at appropriate times throughout the design phases of the work. At a minimum, services shall include estimating the project with unit -type estimates at the end of Schematic Design, Design Development, and the Construction Documents Phases. Notify the Owner and design team immediately if the provided construction cost estimates appear to be exceeding the construction budget or the Guaranteed Maximum Price (GMP). 7. Work with the Owner and design team to maximize energy efficiency in the project. 8. Work with the Architect to ensure that all work is completed in accordance with applicable government codes. 9. Attend a minimum of 3 meetings of the Owner and Architect, at the Design Development, Construction Documents and Bidding Phase, as coordinated with the Owner and Architect. 10. Work with the Architect in the preparation of the advertisements for bids, as well as the necessary forms, record of bidders, plan deposits, proposals and other bidding and construction documents, all subject to the Owner's approval. The Construction Manager shall also work with the Architect to ensure that the bid specifications. Construction Documents contain the provisions required by Montana law concerning prevailing wage ( § §18 -2 -403 and 18 -2 -422, MCA; ARM 24.16.9005), resident hiring preference ( §18 -2 -403, MCA), product preference ( §18 -1 -112, MCA), non- discrimination ( §49 -3 -207, MCA), bid security (§18-2-302 MCA) and maintenance of records ( § §18 -2 -406 and 422, MCA, as amended). Bids will be opened by the CM at a public meeting on Owner's premises. Following review of the bids by the CM and Architect, a written bid analysis will be made to the Owner. Any bid packages that are rejected due to their high cost, omissions, oversight, or other factors will be revised and re -bid at no cost to the Owner. 11. The Owner, Architect and Construction Manager shall cooperatively determine the number and nature of the bid packages to be placed for bid. 12. The Construction Manager shall require, in its contracts with Subcontractors or elsewhere in the contract documents, that the Subcontractors provide operations manuals and adequate training for the owner in the operation of mechanical, electrical, hearing and air conditioning systems installed by the Subcontractor. 13. Act as the advisor to and agent of the owner. Al -2 2.1.11 Additional Pre - Construction Phase Responsibilities The CM will work with the Architect in the preparation of the bidding information, which must be approved by the Owner before distribution to prospective bidders. Construction will not commence until plans and specifications have been submitted to and approved by the City of Bozeman. Plans and specifications must show in detail the proposed construction and indicate conformity with the applicable building code. (See §20 -6 -622, MCA.) Guaranteed Maximum Price Proposal and Contract Time 2.2.1 Delete in its entirety and replace with the following: At the end of the Bidding Phase, the CM shall propose, in writing, a guaranteed maximum price (GMP), which shall be the sum of all of the awarded contracts for the work and the CM's proposed reimbursable costs. Such reimbursable costs must be approved by the Owner as part of Amendment 1, and the Owner shall have the right to pay such costs directly where feasible, thereby reducing the overall GMP. If the GMP proposal exceeds the CM's most recent approved cost estimate, the CM shall work with the Architect to bring the Project within the approved cost estimate. The GMP will not include the CM's fee. The C M's fee will be set based on the approved GMP in accordance with this section and Article 5, as amended. The GMP shall be set forth in Attachment 1 liereto, which the Owner must approve. If the proposed GMP is acceptable, the Owner shall, within the date specified in the CM's written proposal or within (seven) 7 days, whichever is later, approve Amendment I and issue a Notice to Proceed to the Construction Manager indicating its approval of the GMP and decision to utilize the Construction Manager throughout the Construction Phase of the Project. Bids will be awarded by the CM after Amendment I is signed. Bids will be awarded to the lowest responsible bidder in accordance with §20 -9 -204, MCA. Any bids for which the CM is the lowest responsible bidder will be awarded by the Owner and will constitute contracts between the Owner and CM, for which work and costs the CM will still be the guarantor under the provisions of this contract relating to the GMP. 2.2.3 Delete in its entirety and substitute the following: "The estimated Cost of the Work as described in 6.1.1 shall include the Project Contingency, a sum established by the Project for the exclusive use to cover costs arising under Subparagraph 2.2.2 and other costs which are properly reimbursable as the Cost of the Work." 2.2.4 Delete in its entirety. Construction Phase — General 2.3.1.1 Delete in its entirety and substitute the following: "The Construction Phase shall commence no later than the date of the issuance of the Notice to Proceed. 2.3.12 During the Construction Phase of this Agreement, the Construction Manager's obligations to the Owner, in addition to those set forth herein, shall generally be as set forth in A.IA Document A20I and the supplemental conditions thereto, and shall specifically include the following: Performance of general and comprehensive oversight of the Project on behalf of the Owner. The CM shall enter into contracts with the Subcontractors which shall be subject to General and Supplemental Conditions (A201, as amended) agreed upon by the Owner, Architect and CM. Such documents shall become part of the contract documents governing the Work. Al -3 2.3.1.2.1 The CM shall, on behalf of the Owner, enter into contracts for the performance of the Work with all Subcontractors who were the successful bidders in the competitive bidding process conducted by the Owner. In accordance with Section 2.2.1, the Owner will enter into the contracts for specific work with the CM where the CM is the low bidder. Such contracts are guaranteed by the CM's Guaranteed Maximum Price and shall be treated as other subcontracts for all purposes except as expressly stated in the contracts themselves. 2.3.1.2.2 The CM shall be directly obligated to the Owner for the administration and performance of the Work under the contracts referenced in Subparagraph 2.3.1.2..1. 2.3.1.2.3 The CM may undertake construction work with the GM's own forces only under the following conditions: (1) such work is publicly bid according to the invitations to bid and State Law; (2) the CM is the lowest responsible bidder for the work as confirmed by the Architect and Owner. Administration 2.3.2.1 Delete in its entirety. 2.3.2.3 Delete in its entirety and substitute the following: "Subcontracts and agreements with suppliers furnishing material or equipment fabricated to a special design shall conform to the payment provisions of Subparagraphs 7.1.8 and 7.1.9. 2.3.2.5 Delete in its entirety and substitute the following: "The Construction Manager shall prepare a schedule in accordance with Paragraph 3.10 of ALA Document A201, including the Owner's occupancy requirements. 2.3.2.6 Delete in its entirety and substitute the following: "The CM shall record the progress of the Project. The CM shall submit monthly written progress reports to the Owner and Architect including information on each Subcontractor's Work, as well as the entire Project, showing percentages of completion. The CM shall keep a daily log containing a record of weather, each Subcontractor's Work on the site, number of workers, identification of equipment, Work accomplished, problems encountered, and other similar data as the Owner may require. The log shall be available to the Owner and Architect." 2.3.2.8 The CM shall execute all contracts with contractors and shall ensure that the contracts with contractors contain all provisions required by law, including compliance with provisions addressing prevailing wages (§18-2-403, 422, MCA); Montana residential preferences (§18-2-403, MCA), Montana -made goods preference ( §18 -1 -112, MCA), nondiscrimination ( §49 -3 -207), and maintenance of records requirements (§ 18 -2 -406 and 422, MCA, as amended) (2001 Legislature, HB 500). The CM will conform to the provisions of §15 -50 -206, MCA, requiring the withholding of 1% of all payments due the contractors. For each contract, the CM will file the necessary forms, including the Form PC -1 and related forms, with the Montana Dept. of Revenue containing the information set forth in ARM 42,31.2121, within 10 days of the award of the contract. 2.3.2.9 Utilizing the construction schedules provided by the various contractors, the CM shall update the Project construction schedule incorporating the activities of the Subcontractors on the Project, including activity sequences and durations, processing of Shop Drawings, Product Data and Samples, and delivery of products requiring long -lead time and procurement. The Project construction schedule shall include the Owner's occupancy requirements showing portions of the Project having occupancy priority. The CM shall update and reissue the Project Construction schedule as required to show current conditions. if an update indicates that the previously approved Project construction schedule may not be met, the CM shall recommend corrective action to the Owner and Architect. 2.3.2.10 Consistent with the various bidding documents and utilizing information from the contractors, the Construction Manager shall coordinate the sequence of construction and assigning of space in areas where the contractors are performing Work. Al -4 2.3 2.11 The Construction Manager shall determine in general that the Work of each contractor is being performed in accordance with the requirements of the Contract Documents to guard the Owner against defects and deficiencies in the Work. As appropriate, the Construction Manager shall have the authority, Upon written authorization from the Owner, to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. The Construction Manager, in consultation with the Architect, may reject Work which does not conform to the requirements of the Contract Documents. 2.3.2.12 The Construction Manager shall schedule and coordinate the sequence of construction in accordance with the Contract Documents and the latest approved Project construction schedule, as well as schedule and coordinate any outside inspections required by law so as to avoid unnecessary delays. 2.3.2.13 The Construction Manager shall arrange for the delivery, storage, protection and security of Owner - purchased materials, systems and equipment that are part of the Project until such items are incorporated into the Project, if such materials, systems and equipment are identified in the plans and specifications. 2.3.2.14 The Construction Manager shall review requests for changes, assist in negotiating the Subcontractor's proposals, submit recommendations to the Architect and Owner and, if they are accepted, prepare Change Orders and Construction Change Directives which incorporate the Architect's modifications to the Documents. 2.3.2.15 In collaboration with the Architect, the Construction Manager shall establish and implement procedures for expediting the processing and approval of Shop Drawings, Product Data, Samples and other submittals. The Construction Manager shall review all Shop Drawings, Product Data, Samples and other submittals from the Subcontractors. The Construction Manager shall coordinate submittals with information contained in related documents and transmit to the Architect those which have been approved by the Construction Manager. The Construction Manager's actions shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner or Subcontractors. 2.3.2.16 The Construction Manager shall maintain at the Project site for the Owner one record copy of all Contracts, Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition, approved Shop Drawings, Product Data, Samples and similar required submittals. The Construction Manager shall maintain records, in duplicate, of principal building layout lines, elevations of the bottom of the footings, floor levels and key site elevations certified by a qualified surveyor or professional engineer. The Construction Manager shall make all such records and record Drawings available to the Architect and upon completion of the Project shall deliver them to the Owner. 2.3.2.17. With the Architect and the Owner's maintenance personnel, the Construction Manager shall conduct the final testing and start -up of utilities, operating systems and equipment and arrange for all necessary training of equipment and control systems. 2.3.2.18 When the Construction Manager considers each Subcontractor's Work or designated portion thereof substantially complete, the Construction Manager shall notify the Architect. The Construction Manager shall assist the Architect in conducting inspections to determine whether the Work or designated portion thereof is substantially complete. 2.3.2.19 The Construction Manager shall coordinate and administer the correction and completion of the Work. Following issuance of a Certificate of Substantial Completion of the Work or a designated portion thereof, the Construction Manager shall evaluate the completion of the Work of the Subcontractors and make recommendations to the Architect when Work is ready for final inspection. The Construction Manager shall assist the Architect in making final inspections. 2.3.2.20 The Construction Manager shall, accompanied by the Architect and a representative of the Owner, male Al -5 the following inspections per agreed dates on the schedule. "Substantial Completion" —to determine that building systems are operational but not necessarily balanced, flooring is installed and walls painted, that all furnishings and other materials will be able to be staged in their appropriate rooms. `Balance" — to determine that all building systems will be balanced, all trim and cabinetry will be installed, the spaces will be completed and ready for staged materials to be unpacked and the rooms put into use, the building will be completed and all outside hard surfaces will be fully completed. "Final" — to determine that all outside landscaping shall be completed and all punch list items for minor adjustments and repairs shall be completed. "Warranty" — such inspection shall be made approximately eleven months after completion and acceptance of the work. These inspections may be at different times for different portions of the work. The Construction Manager shall assist the Architect in determining whether the Work is in accordance with the Contract Documents and shall assist the Architect in endeavoring to see that any remedial work found to be necessary is performed in a satisfactory manner by the Subcontractor responsible for the same. 2.3 2.21 The Construction Manager shall secure and transmit to the Architect warranties and similar submittals required by the Contract Documents for delivery to the Owner and deliver all keys, manuals, record drawings and maintenance stocks to the Owner. The Construction Manager shall forward to the Architect a final Project Application for Payment upon compliance with the requirements of the Contract Documents. Unsafe Materials 2.5 Delete the reference to Paragraph 10.1 in line one and replace it with "Paragraph 10.3." Delete all material after first sentence in its entirety and substitute the following: "Except as may be provided in this Agreement, the Owner, Construction Manager and Architect shall then proceed in the manner described in Article 10 of AIA Document A201. The Owner shall be responsible for obtaining the services of a licensed laboratory to verify the presence or absence of the material ar substance reported by the Construction Manager and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. The Construction Manager shall assist the Owner in procuring the services of persons or entities to perform tests verifying the presence or absence of such material or substance or to perform the task of removal or safe containment of such material or substance. ARTICLE 4: COMPENSATION AND PAYMENTS FOR PRE CONSTRUCTION PHASE SERVICES 4.1.3 Delete in its entirety. Payments 4.2.1 Add the following: "Payments are due and payable no later than thirty (30) days after receipt of the Construction Manager's invoice. The Owner shall make every effort to reimburse the Construction Manager at the earliest possible time in accordance with the Owner's procedures for approving such obligations and issuing the necessary warrants." 4.2.2 Delete in its entirety. ARTICLE S: COMPENSATION FOR CONSTRUCTION PHASE SERVICES Compensation 5.1.1 Delete in its entirety and substitute the following: For the Construction Manager's services during the Construction Phase, the Construction Manager's Fee shall be the fixed sum of Four and One Half percent (4- 112°/x) of the guaranteed maximum price (GMP) accepted by the Owner as designated in Amendment I hereto, less the sum specified in Section 4.1.1 as a credit toward the Owner's obligation to the Construction Manager. Items in the CM's Fee shall be as defined in Attachment No. 3. Al -6 The Owner shall in no event be obligated to the CM for more than the amount set forth in ibis Paragraph 53.1 for Construction Phase fees in connection with this Project. Despite other provisions in the Contract Documents, the basis for computing the Construction Manager's compensation under this paragraph shall specifically not include any increased contract sums necessitated by changes in the work, increased costs, or costs approved for any other reason. The criteria for determining changes in the work that are subject to CM fees are those changes where such increased sums or costs are 1.) requested by the Owner, 2.) are material in nature and 3.) arise from an expanded scope of the work. Expanded scope of work shall be defined as those changes that 1.) add new square footage to the project, 2.) add finishes to shell spaces that were originally defined to be unfinished, and 3.) adds new construction to any finished space. Guaranteed Maximum Price 5.2.1 Delete in its entirety and replace with the following: The sum of the cost of the work as defined in Paragraph 6. 1.1 below is guaranteed by the CM not to exceed the sum provided in Amendment No.], subject only to additions defined in Paragraph 5.1.1 and approved in accordance with this Agreement and the General and Supplemental Conditions made a part hereof. Such maximum sum as adjusted by approved changes in the Work is referred to herein as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be the sole responsibility of and paid by the CM without reimbursement by the Owner. Changes in the Work 5.3.1 Delete in its entirety and substitute the following: Adjustments to the Guaranteed Maximum Price subsequent to the execution of this Agreement may be deternuned by any of the methods listed in Subparagraph 7.3.3 of ALA Document A201. 5.3.2 Delete in its entirety and substitute the following: In calculating adjustments to Subcontracts, the terms "cast" and "fee" as used in Clause 7.3.3.3 of AIA Document A201 and the terms "cost" and "a reasonable allowance for overhead and profit" as used in Subparagraph 7.3.6 of AIA Document A201 shall have the meanings assigned to them in that document and shall not be modified by this Article 5. The CM's fee and/or overhead and profit shall not be increased based on changes to the work except as specifically provided in Section 5.1.1. 5.3.3 Delete in its entirety. 5.3.4 Delete in its entirety. ARTICLE 6: COST Of THE WORK FOR CONSTRUCTION PHASE Costs to Be Reimbursed 6.1.1 Delete in its entirety and substitute the following: The term "Cost of the Work" shall mean the aggregate total of all Subcontracts competitively solicited and awarded for construction work in connection with the Project, all supply contracts competitively solicited and awarded, construction contingency and the construction indirect costs (except Construction Management Services), as identified in Attachment No. 3 and approved by the Parties at the time of entering into Amendment 1. The Cost of the Work does not include the CM's fee. Labor Costs 6.1.2 Delete in its entirety. Subcontract Costs Al -7 6.1.3 Delete in its entirety. Costs of Materials and Equipment 6.1.4 Delete in its entirety. 6.4.1 After the word "Contract" in line 2, insert the following: "and all Subcontracts." ARTICLE 7: CONSTRUCTION PHASE Progress Payments 7.1.1 In line 2, delete the following: "on account of the Contract Sum". 7.1.3 Delete in its entirety and substitute the following: Progress payments are due and payable no later than thirty (30) days after receipt of the Architect's Certificate for Payment. The Owner shall make every effort to reimburse the Construction Manager at the earliest possible time in accordance with the Owner's procedures for approving such obligations and issuing the necessary warrants. 7.1.6 Delete in its entirety and substitute the following: Applications for Payment shall show the percentage completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed ar (2) the percentage obtained by dividing (a) the expense which has actually been incurred by the Subcontractors on account of that portion of the work for which the Subcontractors have made or intend to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. The Application for Payment will also show the 1% withholding calculation as described in Paragraph 2.32.8 payable to the Montana Department of Revenue. 7.1.7.3 After "retainage of in line 1, insert "five percent (5 %), After "completion." in line 5, add the following: Al -8 Costs of Other Materials 6. 1.5 Delete in its entirety. Miscellaneous Costs 6.1.6 Delete in its entirety. Other Costs 6.1.7 Delete in its entirety. Emergencies and Repairs 6.1.9 Delete in its entirety. Costs Not to Be Reimbursed 62.1 Delete in its entirety. Accounting Records 6.4.1 After the word "Contract" in line 2, insert the following: "and all Subcontracts." ARTICLE 7: CONSTRUCTION PHASE Progress Payments 7.1.1 In line 2, delete the following: "on account of the Contract Sum". 7.1.3 Delete in its entirety and substitute the following: Progress payments are due and payable no later than thirty (30) days after receipt of the Architect's Certificate for Payment. The Owner shall make every effort to reimburse the Construction Manager at the earliest possible time in accordance with the Owner's procedures for approving such obligations and issuing the necessary warrants. 7.1.6 Delete in its entirety and substitute the following: Applications for Payment shall show the percentage completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed ar (2) the percentage obtained by dividing (a) the expense which has actually been incurred by the Subcontractors on account of that portion of the work for which the Subcontractors have made or intend to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. The Application for Payment will also show the 1% withholding calculation as described in Paragraph 2.32.8 payable to the Montana Department of Revenue. 7.1.7.3 After "retainage of in line 1, insert "five percent (5 %), After "completion." in line 5, add the following: Al -8 "Up to Fifty percent (50 %) of the retainage amount under this subparagraph shall be due the Construction Manager upon completion of the `Balance" inspection as outlined in Paragraph 2.3.2.20, less the architect estimated amount for any identified work that is incomplete or non- functional. Upon completion of the "final" inspection, as outlined in Paragraph 2.3.2.20, the Construction Manager shall be due additional retainage, the amount being equal to the balance due. All retainage amounts under this provision shall be placed in an interest - bearing account by the Owner per State Law. 7.1.8 Delete in its entirety and substitute the following: Except with the Owner's prior approval, payments to Subcontractors shall be subject to retention of not less than five percent (5 %). 7.1.11 The Construction Manager shall develop and implement procedures for the timely review and processing of applications for payment by Subcontractors for progress and final payments. 7.1.12 Based on the Construction Manager's observations and evaluations of each Subcontractor's application for payment, the Construction Manager shall review and certify the amounts due the respective Subcontractors and shall incorporate such certified amounts into the Application for Payment developed under Subparagraph 7.1.5 above. 7.1.13 The Construction Manager's certification for payment shall constitute a representation to the Owner, based on the Construction Manager's determinations at the site and on the data comprising the Subcontractor's applications for payment, that, to the best of the Construction Manager's knowledge, information and belief, the Work has progressed to the point indicated and the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Construction Manager in writing. The issuance of a Certificate for Payment shall further constitute a representation that the various Subcontractors are entitled to payment in the amount certified. Final Payment 7.2.1 Delete in its entirety and substitute the following: Except as may otherwise be provided herein, final payment shall be made by the Owner to the Construction Manager when (1) this Agreement has been fully performed by the Construction Manager and all Work completed by the Subcontractors, except for their respective responsibilities to (a) correct nonconforming Work as provided in AIA Document A201 and (b) satisfy other requirements, if any, which necessarily survive final payment; (2) a final Application for Payment and a final accounting for the Cost of the Work have been submitted by the Construction Manager and reviewed by the Owner and/or its accountants; and (3) a final Certificate for Payment has then been issued by the Architect. Such final payment shall be made by the Owner not more than thirty (30) days after receipt of the Architect's Certificate for Payment. The Owner shall make every effort to make such payment at the earliest possible time in accordance with the Owner's procedures for approving such obligations and issuing the necessary school warrants. Al -9 7.2.4 Delete in its entirety and substitute the following: If the Owner's accountants report the Cost of the Work as substantiated by the Construction Manager's final accounting to be less than claimed by the Construction Manager, the Construction Manager shall be entitled to proceed to resolve such dispute under Article 9 or as otherwise provided herein without a further decision of the Architect. Pending a final resolution of the disputed amount, the Owner shall pay the Construction Manager the amount certified in the Architect's final Certificate for Payment, 7.2.5 Delete in its entirety. ARTICLE 8: INSURANCE AND BONDS 8.1.1 Delete in its entirety and substitute the following: Without limiting any of the other obligations or liabilities of the Construction Manager, the Construction Manager shall secure and maintain such insurance from an admitted insurance company (or companies) authorized to write insurance in the State of Montana, with a minimum "A.M. Best Rating" of A. VII, as will protect himself, his subcontractors, the Owner and the Architect/Engineer and their respective agents and employees from claims for bodily injury, death, or property damage which may arise from operations and completed operations under this Agreement. Such coverage shall be written for claims arising out of all premises /operations, and all liability assumed by the Construction Manager under any contract or agreement. Construction Manager shall not commence work under this Agreement until such insurance has been obtained and certificates of insurance, with binders, or certified copies of the insurance policy, shall have been filed with the Owner and the Architect/Engineer. All insurance coverages shall remain in effect throughout the life of the Agreement, except that the Construction Manager shall maintain the Commercial General Liability coverage for a period of at least one year following the substantial completion date for property damage resulting from occurrences during the agreement period. Each insurance policy shall contain a clause providing that it will not be cancelled by the Insurance Company without 30 days written notice to the Owner and Arcliitect/Engineer of intention to cancel. The Owner shall be added as additional insureds under the General Liability Coverages. Certificates of Insurance shall be provided identifying such interests. The minimum amount of such primary insurance coverages as follows: Commercial General Liability - Occurrence Form Bodily Injury and Property Damage: $1,000,000.00 per occurrence $2,000,000.00 General Aggregate $2,000,000.00 Products and completed operations aggregate Coverage to include: Al-10 Premises Operations Products Completed Operations Contractual Liability Operations of Independent Contractors Personal Injury May be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. However, primary occurrence limits cannot be less than $1,000,000.00, and excess liability or umbrella insurance cannot be less than $10,000,000. "Surplus Lines" insurance carriers may not be utilized to acquire excess or umbrella limits. Deductible: Not less than $5,000.00 per occurrence on property damage. Automobile Liability. Combined Single Limit Bodily Injury and Property Damage: Coverage to include: All owned autos All hired autos All non -owned autos Combined Single Limits: $1,000,000.00 each accident Uninsured I Under insured Motorist Limits: $1,000,000.00 May be satisfied by primary insurance or a combination of primary and excess /umbrella insurance. However, there must not be an exclusion in the excess or umbrella coverage as respects uninsured or under insured motorist coverage losses. Workers' Compensation Occupational Injury and Disease Statutory Employer's Liability: $500,000.00 May be written witb General Liability Policy by endorsement if unavailable from Workers' Compensation carrier." 8.1? Delete in its entirety 8.1.3 Delete in its entirety 8.1.4 Delete in its entirety 8.3.1 After "Construction Manager" in line 1, insert "shall "; after "to" in line 4, insert "one hundred "; after "percent" in line 4, insert "IOU." Add a separate sentence to read as follows: "Both the Construction Manager and the Owner shall be listed as obligees on the payment and performance bonds." ARTICLE 9: MISCELLANEOUS PROVISIONS Al -11 Dispute Resolution for the Preconstruction Phase 9.1.1 In line 6, delete "shall" and substitute the following: "may, upon mutual written agreement of the parties,'; After "arbitration" in line 7, insert "as set forth below." 9.1.2 Delete in its entirety. 9.1.3 After "mediation" in line 2, delete "shall' and insert "may, upon mutual written agreement of the parties, "; after "with" in line 3, add "paragraph 9. 1,1 above and," 9.1.4 Delete in its entirety. Dispute Resolution for the Construction Phase 9.2.1 In line 3, delete "shall' and substitute the following: "may, upon mutual written agreement of the parties, ". Delete everything after "mediation" in line 5. Other Provisions 9.3.1 Delete in its entirety and substitute the following: Unless otherwise noted or unless otherwise inconsistent with their intended meaning in this Agreement, the terms used in this Agreement shall have the same meaning as those in the 1997 Edition of AIA Document A201, General Conditions of the Contract for Construction. Extent of Contract 9.3.2 Delete in its entirety and substitute the following: This contract, which includes this Agreement, its Addendum and the other documents incorporated herein by reference, represents the entire and integrated Agreement between the Owner and Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement and its Addendum may be amended only by written instrument signed by both the Owner and the Construction Manager, If any document incorporated into this Agreement or its Addendum is inconsistent with either, this Agreement and its Addendum shall govern. ARTICLE 10: TERMINATION OR SUSPENSION Termination Prior to Establishing Guaranteed Maximum Price 10.1.1 Delete in its entirety and substitute the following: During the Preconstruction Phase, the Owner may terminate this Agreement at any time without cause, and the Construction Manager may terminate this Agreement for any of the reasons described in Subparagraph 14.1.1 of AIA Document A201. 10.1.2 Delete in its entirety and substitute the following: If the Owner or Construction Manager terminates this Agreement pursuant to Paragraph 10.1.1 above prior to the commencement of the Construction Phase, the Construction Manager shall be equitably compensated for Preconstruction Phase services performed prior to receipt of notice of termination; provided, however, that the compensation for such services shall not exceed the compensation set forth in Subparagraph 4.1.1. Al-12 10.1.3 Delete in its entirety and substitute the following: After commencement of the Construction Phase, the Construction Manager may terminate this Agreement for any of the reasons set forth in and pursuant to Subparagraph 14.1 of AIA Document A201. The Owner may terminate this Agreement for any of the reasons set forth and pursuant to Subparagraphs 14.2 or 14.4 of AIA Document A201. 10.1.4 If the Owner or Construction Manager terminates this Agreement pursuant to Paragraph 10.1.3, the Construction Manager shall be entitled to compensation for services rendered prior to termination in an amount that bears the same ratio to the Construction Manager's total Fee as the amount of Work completed during the Construction Manager's period of Construction Phase services bears to the total Cost of the Work. The aggregate of previous payments made by the Owner with respect to the Construction Manager's Fee shall be deducted from the figure arrived at through the above - referenced ratio. No amounts beyond amounts which are tied to actual work performed shall be paid to the CM. Termination Subsequent to Establishing Guaranteed Maximum Price 10.2.1 Delete in its entirety. 10.2.2 Delete in its entirety. Sus ep nsion 10.3 Delete in its entirety. ARTICLE 11: OTHER CONDITIONS OR SERVICES 11.1 The Construction Manager shall itself comply with and shall ensure the compliance of the various Subcontractors with § 18 -2 -403, MCA in terms of giving preference to the employment of bona fide Montana residents in the work it performs under this Agreement and in paying the standard prevailing wage rate of wages, including travel allowance and fringe benefits, in effect and applicable to the operations that are conducted in performing the Work on this Project. The Construction Manager will properly classify its employees and ensure that the various Subcontractors properly classify their respective employees in accordance with the most recent Montana prevailing wage rates as established by the Montana Department of Labor prior to commencing operations under this Agreement. A copy of the applicable prevailing wage rates are contained in Volume 1 of the Project Manual and are expressly incorporated herein by reference. 11.2 No waiver of any breach of any one of the agreements, terms, conditions or covenants of this Agreement by the Owner or Construction Manager shall be deemed to imply or constitute a waiver of any other agreement, term, condition or covenant of this Agreement. The failure of either party to insist on strict performance of any agreement, term, condition or covenant herein set forth, shall not constitute or be construed as a waiver of the rights of either or the other thereafter to enforce any other default of such agreement, term, condition or covenant; neither shall such failure to insist upon strict performance be deemed sufficient grounds to enable either party to forego or subvert or otherwise disregard any other agreement, term, condition or covenant of this Agreement. Al-13 11.3 If in any instance any provision hereof shall be determined to be invalid or unenforceable under any applicable law, such provision shall not apply in such instances, but the remaining provisions shall be given effect in accordance with their terms. 11.4 Any notices required or permitted under this Agreement or which any party elects to give shall be in writing and delivered either personally to the other party's authorized agent set forth below (or as changed by written notice); or by depositing such notice with the United States Postal Service, postage fully prepaid, to the person at the address set forth below; by certified mail, return receipt requested; or to such other address as either party may later designate in writing. Any notice given by mail as herein provided shall be deemed given when deposited in the United States mail: Owner: Bozeman Public Library 220 East Lamme Street Bozeman, Montana 59715 Construction Manager: Martel Construction, Inc. 1203 South Church Bozeman Montana 59715 11.5 This Agreement may be executed in several counterparts, and each such counterpart shall be deemed an original. 11.6 Time is of the essence, and the Construction Manager agrees to proceed with the provision of services under this Agreement with due diligence and without delay, in order to meet the Owner's schedule of construction and occupancy. 11.7 The Construction Manager shall reject the use of any hazardous material in the construction of the project, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. Further, if any such materials are discovered in the course of the construction, the Construction Manager shall notify the Owner immediately. 11.8 In the event either party files suit to enforce their rights under this agreement, the prevailing party shall be entitled to recover their costs and attorney's fees from the other party, in addition to any other damages awarded by the court. It is understood and agreed that any Suit filed to interpret or enforce any of the provisions of this agreement shall be filed in the 18"' Judicial District Court of the State of Montana. This Attachment No. 1 entered into on October 11, 2002. OWNER Bozeman Public Library 220 East Lamme Street Bozeman, Montana 59715 14I610 4 (►'9IN1;71Ii>fa[610►01EII i;RIT4f0R Martel Construction, Inc, 1203 South Church Bozeman Montana 59715 Al-14 Brenda Davis, Chair, Library Board of Trustees Tony Ma to ATTEST: al Al-15 Attachment No. 2 ]Bozeman Public Library Bozeman, MT Construction Managers Pre Construction Services Estimate SUMMARY Description (by position Quantity Unit Unit Rate Totals l.l} Pre- Coitstirnct�an:Services Pre- Construcion Project Manager 240 m11 $ 50.00 $ 12.000.00 Estimator 240 mh $ 45.00 $ 10,800.00 Principle In Charge 120 rnh Non Reimbursahle S - MIE Estimators 1 Is $ 4,500.00 $ 4,500.00 Other Travel 0 days 0 $ - Printin g & Duplication Services i Is $ 850.00 $ 850.00 Postage I Is 0 $ - Total Pre - Construction Ft a $28,150.00 SUMMARY Descri tion by task) Totals l.D . l're= Construction. Services.," Program Management $ 1,000.00 Scheduling $ 1.500.00 Schematic Design Estimate $ 7,300.00 Design Development Estimate $ 10,400.00 Construction Documents Estimate $ 5,950.00 Desien Reviews $ 1,000.00 GMP Development $ 1,000.00 Total Pre - Construction Fee:;:,,,,, ;12.8,150'00;; A2 -1 Attachment No. 3 Bozeman Public Library Bozeman, MT Construction Phase Costs & Fee Description U. U. U a aU 73 Z G 3 m a 2:U.:Construction services Home Office Overhead & Profit X Home Office Plant & Eq x Principle In Charge x Home Office Project Manager x Safety Director X Project Superintendent - On Site X Project Engineer - On Site x Other Home Office Sup2ort Staff x. Home Office Travel X Mobilization - Project X 3a) Field Office Ea enses:. Trailer/Field Office x Storage Trailer X Office Furniture X Office Supplies X Office Utilities X Computers/Software X Fax x Radios /Cellular Phones X Postage X Printing-Duplication x Construction Photo gra hs x Jab Sins X Office Sanitation Units x Drinking Water x 4�0 Site Costs . Fencin x Temporary Roads x Erosion Control X Dust Control X Dewaterin x A3 -1 Attachment No. 3 Bozeman Public Library Bozeman, MT Construction Phase Costs & Fee A3 -2 5 p3 _ ° ° a I c Mi O Description Traffic Control X Street Cleaning h Snow Removal X Survey Layout X A3 -2 Attachment No. 3 Bozeman Public Library Bozeman, MT Construction Phase Costs & Fee A3 -3 as _ t= °— 7; G ez 6 C L L Q n U C 'U 4 C v Deseri tion ... 5.6 Rentai/Tools .' Equipment Rentals x Equipment d erators x Re airs x Small Tools x Auto /Trucks x Auto Fuel /Maintenance x bQ .I3tilitieslSafe Electrical Service x Electrical Energy x Temporary Electrical System x Construction Water x Sanitation Unit x Temporary Building Heat x Temporary Fire Protection x Temporary Building Enclosures x Perimeter Fall Protection x Ladders x 70 Insurance..: General Liability x Umbrella x Builder's Risk x Bond x .................. Daily Clean Up x Dum sters X Final Clean Up x Trash Removal X 9.0 Miscellaneous:;: A3 -3 Attachment No. 3 Bozeman Public Library Bozeman, MT Construction Phase Costs & Fee A3 -4 6] V. y o v i v Description Testing X Building Permits a 16. Subcontractors 1 Su ° tier's .. Bid Packages x A3 -4