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HomeMy WebLinkAboutE- Packet 07-16-2007_Authorize the City Manager to sign the contract fo_8 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: James Goehrung, Director of Facility Services Chris Kukulski, City Manager SUBJECT: Authorization to sign the Construction Contract for the Downtown Bozeman Intermodal Facility MEETING DATE: July 16, 2007 BACKGROUND: Final award authorization from the Federal Transit Administration for the Downtown Intermodal Facility is due within days of this drafted memo. All components related to construction of the project have been bid except for the landscaping work. There were no bidders for this element of the project during the re-bid. A placeholder of $15,000 is in the budget and this component will be bid as we get closer to the scheduled work next year. Martel Construction Inc. was selected as the Construction Manger for this project and they will act as the general contractor for the construction of the garage and the associated retail space. The City will enter into one contract with Martel to oversee the project. 39 RECOMMENDATION: Staff recommends the award of the contract for Phase I construction of the Downtown Bozeman Intermodal Facility to Martel Construction. Commission action – Consent approval to authorize the City Manager to sign the contract for construction of the base bid (Phase I) construction package to Martel Construction Inc. for the Downtown Intermodal Facility in the amount of $8,699,852.00. FISCAL EFFECTS: Sources of funds for this project and the dollar amounts are outlined on the attached Estimated Costs and Funding Sources sheet. There are three main sources of funding for Phase I Construction – the Federal award, Tax Increment Financing Bonds, and Tax Increment Cash. ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, _________________________________ ____________________________ James Goehrung Chris A. Kukulski, City Manager Director of Facility Services Attachments: AIA A121 Construction Manager Contract AIA Document Amendment #1 Construction Schedule Report compiled on July 11, 2007 40 iAlA Document A121 CMc 2003 and AGe Document 565 Standard Form of Agreement Between Owner and Construction Manager where the Construction Manager is Also the Constructor AGREEMENT made as of the 19th day of June in the year of Two Thousand Seven In words illdiCllte day month and year Bozeman Inttnnodal Facility Black Mtndenhall and Tracy Bozeman MT 59715 ADDITIONS AND DELETIONS The author of thisdocument has added information needed for its completion The author may also have revised the text of the original AlA standard form An Additions and Deletions Repen that notes added Information as well as revisionsto the standard form text Is available from the author and should be reviewed A vertical line inthe left margin of this document indicates where the author has added necessaryinformation and where the author has addedto or deleted from the original AlA text This document has Important legal consequences Consultation with an attorney Is encouraged with respect 10 its completion ormodification The 1997 Edition of AlA Document A201 General Conditions of the Contract forConstruction is referred to herei n This Agreement requi res modification if other general conditions are utilized BETWEEN the Owner Name and address City of Bozeman POBox 1230 Bozeman MT 59715 and theConstruction Manager Name llnd address Martel Construction Inc 1203 South Church Avenue Bozeman MT 59715 The Project is Name I1ddress and brief description The Architect is Name and address Prugh Lenon Architects P C 27 East Main Stc D Bozeman MT 59715 The Owncr and Constmction Manager agree as set forth below Inll AlA Document A121 TMCMc 2003 anel AGC Document 565 Copyright @ 1991 and 200 lby Tho Amedcan lI sli ute 01 Architocts en jThe Associated General Contractors of America All rights rerved II ARNINC This document is pru nodby U Jw 1ltT1H nali tTr utlOs Uni gdwrllurl ioprodul tfon or distrjbuthn of thb doclJunent or a y portion of ill mny fe lJa in SOVfH UtA erimimlllptmijlth tiH d will bD po eG t d to m maximum hntpos ill de the law This document we prnduced by AiA softwaro aI15 19 50 on 07110 2007 under Order No l000259422 1 which e piros on 9 18 2007 and is not for rasale User Note Ii 4 135240 15 1 41 TABLE OF CONTENTS ARTICLE 1 GENERAL PROVISIONS 11 Relationship of the Parties 1 2 General Conditions ARTICLE 2 CONSTRUCTION MANAGER S RESPONSIBiliTIES Paragraph deleted 2 2 Guaranteed Maximum Price Proposal and Contract Time 2 3 Construction Phase 2 4 Professional Services 2 5 Hazardous Materials ARTICLE 3 OWNER S RESPONSIBILITIES 3 1 Information and Services 3 2 Owner s Designated Representutive fi 3 3 Architect 3 4 Legal Requirements Paragraphs delered ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 5 1 Compensation 5 2 Guaranteed Maximum Price 5 3 Changes in the Work ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE 6 1 Costs to Be Reimbursed 6 2 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 9 1 Dispute Resolution 9 2 Other Provisions ARTICLE 10 TERMINATION OR SUSPENSION 10 1 Termination Prior to Establishing Guaranteed Maximum Priee 10 2 Termination Subsequent to Estahlishing Guaranteed Maximum Price 10 3 Suspension ARTICLE 11 OTHER CONDITIONS AND SERVICES Inil AlA Document A121T CMc 2003 and AGC Document 565 Copyright @ 1991 and 2003 by The American Institute Of ArchitaclS and n Assooiated General Conlraclors of America All rights reserved WARNING This 00 11 is protected by U Copyri 111 w 10 Irl nallonal r Mtl U hodmd eproo tion or dieldbulionollhi 1 dotHfllH1t gf any porlion of ii may fOnd in savucvll jd ClIlnlnal p Ji Wd wW b pW cultd tutho m IUIrl eXHnt pos lble under thelaw This docurnanl was producod by AlA sortwa e a115 1 9 50 on 07110 2007under Order NO 1 000259422 1 which expires on 9 18 2007 and is not for resale Usa Noles 14335240151 2 42 ARTICLE 1 GENERAL PROVISIONS g 11 RELATIONSHIP OF PARTIES The Construction Manager accepts the relationship of trust and confidence established with the Owner by thisAgreementandcovenantswiththeOwnertofurnishtheConstructionManagersrcasonableskillandjudgment andtocooperatewiththeArchitectinfurtheringtheintcrestoftheOwnerTheConstructionManagershallfurnish construction administration and management services and use the Construction Manager s best efforts to perfurmtheProjectinanexpeditiousandeconomicalmanncrconsistentwiththeinterestsoftheOwnerTheOwnershall endcavor to promote harmony and coopcration among the Owner Architect Construction Manager and other persons or cntities employcd by the Owner for the Projecl g 12 GENERAL CONDITIONS During thc Construction Phasc of this P iect the Construction Managcr s responsihilities to the Owner shall be as set forth in this Addcndum and in the 1997 Edition of the AlA Document A20 General Conditions of the Contract for Construction The term Contractor as used in AlA Document A20 shall mean the Construction Manager ARTICLE 2 CONSTRUCTION MANAGER S RESPONSIBILITIES The Construction Manager shall perform the serviccs described in this Article Paragraphs deleted 2 2 GUARANTEED MAXIMUM PRICE PROPOSAL AND CONTRACT TIME 2 2 1 At the end of the Bidding Phase the Construction Manager shall proposc in writing a guaranteed maximum price GMP in the form of Amendment No 1 attached hereto The GMP shall be calculated by adding i the sum of all of the awarded contracts for the Work ii the Construction Manager s Reimbursable Direct Job Costs iii the Construction Managers Fee and iv the Construction Contingency The Construction Manager s fee shall becalculatedbyaddingthesumofalloftheawardedcontractsforthcWorkandmultiplyingthatsumbysixpercent on the base bid and 4 5 percent on the alternates The Construction Manager s Fee shall be established in accordance with Article 5 as amended If thc proposed GMP is acceptable the Owner shall within ten 10 days approve Amendment No l and issue a Notice to Proceed to the Construction Manager indicating its approval of the GMP and its decision to utilize the Construction manager throughout the Construction Phase of that portion of the Project Bids for construction work shall be formally awarded by the Construction Manager after the Construction ManagerreceivestheNoticetoProceedandshallbeawardedonbehalfoftbeOwnertothelowestresponsibleandresponsivebidderinaccordancewithMontanaLawAnybidforconstructionworkforwhichtheConstructionManageristhe lowest responsible and responsive bidder shall be awarded by the Owner to the Constmction Manager and shall constitute acontract between the Owner and construction Manager and the Construction Manager shall be the guarantor of such contract under the provisions of this Agreemcnt relating to the GMP Paragraphs deleted g 2 2 3 The OM shall include the Construction Contingency The parties shall agrce to the amount that will he designated as the Construction Contingency Tbe purpose of the Contingency Account is to provide a means of compensating the Constrllction Manager during the Construction Phase for costs which arc properly rcimbursablc as change orders approved by the Owner but which are not a basis for an increase in tbe OMP To effectuatc a payment from the Contingency Account the parties shall execute a change order Any change order to be paid from the Contingency Account shall be in tbe amount of the construction managers actual substantiated increase in the cost of Workcaused by the change order plus the Construction MangoI s fee specified in Section 5 1 1 Inlt AlA Document AI2P CMc 2003 and AGC Document 565 Copyright @ 1991 and2003 by TheAmerican Inslilule of ArchiJect and The AssocialedGeneralContractorsofAmorlcaAllrightsreservedAnN1NGlhhJocurnllnt1prOluctedbyUSLwandIntefrlatlHtmTnahUnauthoriledreproducbcnorJl5lrlbuUon01thotiCwmnCYpOrItonofitHVmtiullin1mdclmipttciwillbirHGectQdtothamaximlUHBrntpOSisiblemdQfitmlwThisdOClJrnOt11wasproducedbyAlAsoftwarelit151950un01102007underOrderNo1000259422jwhichexpIreson911812007andsnotforresale User Notes 1433524015 3 43 In the event the Owner fails or refuses to execute a change order for payment in whole or in part to the Construction Manager form the Contingency Account and notwithstanding any provisions of the Contract Documents to the contrary the Construction manager may pursue a claim for payment from the ContingencyAccountinaccordancewiththeprocedureprovidedAlAdocumentA2011997includingArticle4and7thcroof Paragraphs deleted g 2 2 5 The Construction Manager shall mcet with the OWncr and Architect to rcview the Guaranteed Maximum Price proposal and the written statement of its basis In the event that the Owner or Architect discover anyinconsistenciesorinnccuraciesintheinformationpresentedtheyshallpromptlynotifytheConstructionManagerwhoshallmakeappropriateadjustmentstotheGuaranteedMaximumPriceproposalitsbasisorboth 2 2 6 Unless the Owner accepts the Guaranteed Maximum Price proposal in writing on or bldore the date specifiedintheproposalforsuchacceptanceandsonotifiestheConstructionManagertheGuaranteedMaximumPrice proposal shall not be effcctive without written acceptauce by the Construction Manager 2 2 7 Prior to the Owner s acceptance of the Construction Manager s Guaranteed Maximulll Price proposal and issuance of a Notice to Proceed the Construction Manager shall not incur any cost to bc reimbursed as part of the Cost of thc Work except as the Owner may specifically authorize in writing 2 2 8 UpOll acceptance by the Owner of the Guaranteed Maximum Price proposal the Guaranteed Maximum Price and its basis shall be set forth in Amendment No IThe 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 cau e the Architect to revise the Drawings and Specificatiolls to the extent necessary to reflect the agreed upon assumptiolls and clarifications contained in Amendment No I Such revised Drawings and Specifications shall he furnished to the Construction Manager in accordance with schedules agreed to by the Owner Architect and Constmetion 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 2 11 If aftcr exccuting Amendment No 1 the parties agree to change the total sum of the GMboth particsshallsignanewsequentiallynumberedamendmentintheformofAmendmentNoIevidencingtheiragreement to change the total sum of the GMP The GMP shall be amcnded only in the event of a Olllnge in the Scopc of Work and any aTm ndmcnt to the GMP shall be limitcd to the actual substantiated increase or dccrcase in the ust of Work caused thereby plus or minus the Construction Manager s fee specitied in Section 5 1 1 1 A Change in Scope means a change to the Project that is initiated requested or approved by the Owner and 1I involves a change to a design schedule or procurement previously approved by the Owner or b expands enlarges or diminishes the Scope ofthe Work and the nature quantity scope orquality of the Constmction Manager s work and services or c is approved by the OWncr in writing as a Change in Scope A Change in Scope may result in an increase ordecrease to the GMP an increase ordecrease to the Project s Contract Time or a combination of the two 2 To effcetuate a Change in Scope either the Owner may initiate the Change or the Construction Manager shall notify the Owner and Architect in Writing if it belicves it is entitled a to un increase in the GMP or b to an extension in the Contract Time or cl to a combination of the two 3 The Construction Manager s failure to provide the Owner with written notice of aproposed change in Scope within the 30 calendar days of the cvent giving rise to the Construction Managcr s claim shall mean that thc Construction manager has waived any claim arising therefrom and the Construction Manager shall perform Inll AlA Oocumal1l A121T CMc 2003and AGC Document 565 Copyright @ 1991 and 2003 TheAmerican Institute 01 Architects and The Associated General Contractors01 America All rights reserved WAHNIMJ Thh docurnenll by u s CdPiright L1 llntoLo wl Tmdie Un JutIt d nprod H U mcr di U ibut rt01 tl1l docum mtl orm pnrUon of it may result in severe civd and erilmnal pvnaltwl jjrtd w tin pc e nj lhe m lonllE hiu d lhe Ill fhis document was produced by AlA soHwareat 15 19 50 on 07 10 2007 under OrderNo10002594221whichexpires19162001andisnollorresale User NOles 1433524015 4 44 all work associated with the alleged Change in Scope at issue without an increase in thc OMP or the Contract time and without use of the construction contingency Account 2 2 12 Within 30 calendar days of receiving the construction Manager s notice as provided in Section 2 2 11 or after receiving the Construction Manager s comments recommendations or alternativcs as provided in Section 2 2 2 whichever is later the Owner shall exercise one of the follnwing options a agree with the Construction Manager s request to incrcase the GMP or the Contract Time or both as requested in the Construction Manager written noticc or b acccpt only a portion of the Construction Manager s request to increase the OMP orthe Contract Time or hoth or c reject the Construction Manager s requcst for an increase to the GMP HId the Contract Time orhoth lnd direct the Construction Manager tllprocecd with the Work In the event the Owner refuses to agree with the Construction Manager s request to increase the OMP or the Contract Time orboth in whole or in part and notwithstanding lIny provision of the Contract DOCllmcnts to the contrary the Construction Manager may pursue a claimfor an increase in thc OMp or thc Contract time or both in accordance with the procedure providcd AlA Document A20 1 1997 including Articles 4 and 7 thercof g 2 3 CONSTRUCTION PHASE 2 3 1 GENERAL 2 3 11 The Construction PhllSC Paragraphs deleted with respect to any portion of the Project shall commence no Illter than the date of the issuancc of the Noticc to Proceed 2 3 1 2 During the Construction Phase of any portion of the Project the Construction Manager s Obligations to the Owner in addition to those set forth herein shall generally be as set forth in AlA Document A20l and shall specifically include the performance of general and comprehensive oversight of the Project on behalf of the Owner The Construction Manager shall on behalf of the Owner enter into contracts with Subcontractors that shall be subject to ALA Document A20I as agreed upon by thc Owner Architcct and Construction Manager Such documents shall become part of the Contract Documents governing the Work g 2 3 12 1 The Construction Manager shall on behalf of the Owner enter into contracts in accordance with Paragraph 2 2 1 above for the performance of the Work with all sllccessful responsive and responsible bidders in thc competitive bidding process conducted by the Owncr In accordance with Section 2 2 1 the Owner will enter into the contracts for specific work with thc COlistrudion Manager where the Constructi on Manager is the lowest bidder All such direct contracts with the Construction Manager are guarantccd by the Construction Manager s iMP and shall be treated in thc same fashion as other subcontracts for all purposes except as otherwise noted hcrein orexpressly statcd in the contracts themsclves 2 3 1 2 2 Thc Construction Managcr shall be directly obligated to the Owner for the administration and performancc of the Work under all of thc contracts referenced in Subparagraph 23 1 2 1 2 3 12 3 The Construction Managcr may undertake construction work with the Construction Manager s own forces only under the following conditions 1 wch work is publicly bid according to the invitations to bid and requircments of state law 2 the Construction Manager is the lowest responsive and responsible bidder for the work as confirmed by the Architect and Owner 2 3 2 ADMINISTRATION 2 3 2 1 Those portions of the Work that the Construction Managcr docs not customarily perform with the Construction Manager s own personnel shall be performed under subcontracts or by other appropriatc agreements InII AlA Document A121T CMo 2003 and AGe Dooumenl565 Copyright @ 1991 and 2003 by Tho Ame ican Instiluteof Architects and TheAssociated General Contracto of America All rigilts roserved WARNiNG This docurnMIis pmledad flY ItS CopYrlqH L mJ Im rr lilH1 TnHlJnaUlnGrvprodtwtinrlOfdidti1utionofthisdncntOfanypOHlnnofrlhWnsultinSeVfnWH1dmln31perHlLdOi w pm OJ jltha xl Idml po Slbl H1 W llw This document was producod by AlA soltware aI15 19 50 On 0710 200111nder Orde No 1000259422 1 wt IIpl so 9 18 2001 and is 01 lor res le User Notes 1433524015 5 45 with the Construction Manager The Construdion Manager shall obtain bids from Subcontractors and from suppliersofmaterialsorequipmentfabricatedtoaspecialdesignfortheWorkfromthelistpreviouslyreviewedandafter analyzing such bids shall deliver sllch bids to the Owner and Architect The Owner will determine with the advicc of the Construction Manager which bids will be accepted provided however the Construction Manager at its sole discretion may require that any bidder provide ftlll performance and payments bonds as a condition preccdent to any work being awarded to such bidder The Owner may designate specific perwns or entities from whom the Construction Manager shall obtain bids however if the Guaranteed Maximum Pricc has been established the Owner may not prohibit the Construction MlInager from obtaining bids from other qualified bidders The Construction Manager shall not be required to contract with anyone to whom the Construct ion Manager has reasonable objection 2 3 2 2 If the Guaranteed Maximum Price has been established and a specific bidder among those whose bids arc delivcred by the Construction Manager to the Owner and Architect I is recommended to the Owner by thc Construction Manager 2 is qualificd to perform that portion of the Work and 3 has submitted a bid which conforms to the requirements of the Contract Documents without reservations or exceptions but the Owner requiresthatanotherbidbeacceptedthentheConstructionManagermayrequirethatachangeintheWorkbeissuedto adjust the Contract Time and the Guaranteed Maximum Price by the difference between the bid of thc pcrson or cntity recolTunended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or cntity designated by the Owner 2 3 2 3 Subcontracts and agreements with suppliers furnishing material or equipment fabricated to a spccial designshallconformtothepaymentprovisionsofSubparagraphs718and719 2 3 24 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 2 3 2 5 The Construction Manager shall prepare a schedule in accordance with Paragraph 3 10 of AlA Document A20 I including the Owner s oceupllncy requirements 2 3 2 6 The Construction Manager shall record the progress of the Project and shall submit monthly written progress reports to the Owner and Architect including information 011 each Subcontractor s Work as well as the entire Project showing percentages of CJmpletion The Construction Manager shall keep a daily log containing 1 record of weather each Subcontractor s Work on site number of workers identification of equipmcnt 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 7 The Construction Manager shall develop a system of cost control for the Work including regularmonitoringofactualcostsforlIctivitiesinprogrcssandcstimutesforuncompletedtllsksandproposedchanges The Construction Manager shall identify variances bctween actual and estimated costs and report the variances to the Owner and Architect at regular intervals 92 3 2 8 The Construction Manager shall on behalf of the Owncr execute and enter into all contracts with Subcontractors and shall ensure that the contracts contain all provisions required by law including but not limited to compliance withprovisions addressing prcvailing W lgcs s 18 2 403 422 MCA Montana residential preferences 18 2 403 MCA nondiscrimination 49 3 207 MCA and maintenance of records requirementssIH2406and422MCAasamendedSeegenerallyArticle211001above The Construction Manager will conform to the provisions of S 15 50 206 MCA requiring the withholding of I of all payments due the Subcontractors For each contract the Construction Manager will file the necessary forms including the form PC I and related forms with the Montana Departmcnt of Revenue containing the information set limh in ARM 42 31 2121 withing I 0 days of the award of the contract The Construction Manager will copy the Owner with all filings and transmittals made with orto the Departmcnt of Rcvenue in fulfillment of its obligationsunderthispmvision 92 3 2 9 Utilizing the construction schedules provided by the various Subcontractors the Construction ManagershalIupdatetheProjectcollstmetionscheduleincorporatingtheactivitiesoftheSubcontractorsontheProject In It AlA Document A121 CMc 20D3 and AGe Document 565 Copyright @ 1991 and 2003 by The American Institute of Architocts and TheASGociatod Gen ral Contractors of America All rights reserved WAHNlW docunHmPWct 1l by U La ntllntermA PA iUrHlj lkorL d tptorlw tl rl or iaibutjonl A his dnUUfn1nttany pnnuo vf jlmay fH ituH 0stvcr md cnm n p iU nd will h p ul rj I Iun O IHlt 9fsthH dor 111 1Uw ThiS dccument was produced by AlA software at 15 19 50 on 07 1012007 under OrderNo10002594221whichoxpireson9182007andISnotlorresale User Notes 1433524015 6 46 including activity cquences and dumtions alloation of labor and materials and delivery of products requiringlongleadtimeandprocurementTheConstructionManagershallmaintainShopDrawingsProdutDataand Samples and other submittal material from the Subcontractors in a separate tabular schedule The ProjectconstructionscheduleShllllincludetheOwnersoccupancyrequirementsshowingportionsoftheProjethaving ocupancy priority The Construction Manager shall update and reissue the Project Construction schedule as required to show CltITCnt conditions If an update indicates that the previously approved Project construction schedule may not be met the Construction Manager shalllecommend cOllective action to the Owner and Architect 92 3 2 10 Consistcnt with the various bidding documents and utilizing information from the Subcontractors the Construction Manager shull coordinate the selluence of construction and the assigning of space in areas where the Subcontractors are performing Work 92 3 2 11 The Construction Manager shall determine in general that the Work of each Subcontructor is beingperformedinillcmdancewiththerequirementsofthcContractDocumentstoguardtheOwneragainstdefects and deficiencics in the Work As appropriate the eonstmetion Manager shall have the authority upon written luthori aIlion from the Owner to require additional inspcction or testing of the Work in accordance with the provisions of the Contract Documents whether or notsuch Work is fabricated installed orcompleted The Construction Manager in consultation with the Architect may reject Work that does not conform to thc requircments of the Contract Documents 92 3 2 12 The ConstmClion 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 unnecess lry delays 2 3 2 13 The Construction Manager shall arrange for the delivery storage protcction and security of Owner purchased materialsystems and equipment thm are part of the Project until sudl items are incorporated into the Project if such materials systems and equipment are identified in the plans and specitications 2 3 2 14 Thc Construction Manager shall review requests for changes assist in negotiating the SubcontTactor s proposals submit recommendations to the Architect and Owner and if incorpOfUtl the Arcbitect s modifications to the Documents 92 3 2 15 In collaboration with the Architect the Constmetion Manager shall establish and implcment proledures for expediting the processing and approval of Shop Dlllwings Product Data Samples and other Sllbmittuls The Construction Manager sball review all shop Drawings Product Datu Samples and other submittals from the Subcontractors The Construction Manager shull coordinate submittals with information contained in related documents and simultaneously transmit to the Architect and Owner those that have been approved by the Construction Manager The Construction Manager s actions shall be taken with such reasonable prolTlptness as to calise no delay in the Work or in the activities of thc Owner or Subcontractors 92 3 2 16 The Construction Manager shall mainta in at the Project site for the Owner one record copy of all Contracts Drawings Specil1eatiotls addenda Changc Orders and other Modification in good order and marked currently to record changes und elections made during construction and in addition approved Shop DrawingsProductDataSamplesandsimilarrequiredubmittalsTheConstructionManagershallmaintainrecordsin duplicate of principal building layout lines elevations of the bottom of the footing floor levels and key sire elevations certified by a quulifi d 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 92 3 2 17 With the Architect and the Owner s Muintenllnce personnel the Construction Manager shall conduct the finaltcsting and start up utilities operating systems and eyuipment 92 3 2 18 Whcn the Construction Manager considcrs cach Subcontractor s Workor designated portion thereof substantially complete the Construction Manager shall notify the Architect The Construction Manager shall assist AlA Documenl A121 CMc 2003 and AGe Documenl565 Copyrlghl ilil1991 an j2003 tlY ThAmerican Institute of Architocts and ThoAssociated G aral Centraclcrs 01 America All rights reserllad WAnNING TI dfi mem is protecllld by Irs VY uht Law nd In 1 f 111 UmHtthorib d rpnH hli 0 Qr dl tr blifion n thbJ HlUnHH t Oil any r Htlon of iC ItH y rm1h In 5HiHtt lvHan lMrirrHnw WiHlalUe L ntH wd tk P o d eIb ir iu 0 poibtc und lhn law This decumenl was produced by AlA sottware l15 19 50 On 07 10 2007IJndQd NO l000259422 1 Which Ei pires On 9 18 2007 and is not torresale User Nole 1433524015 7Inl 47 the Architect in conducting inspections tu detcrmine whether thc Work ordcsignated portion thereof is substantially cnrnplete 2 3 2 19 The Cunstruction Manager shall coordinate and administer any required corrcction and completion of the Work or a dcsignated portion thereof the Cunstruction 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 make the following inspections per agreed dates on the Schedule Substantial Completion to determine that building systems are operational but not necessarily balanced nooring is installed and walls paintcd that all furnishings and other material will be able to be staged in classrooms and offices Balance to determine that all building systems will be balanced all trim and cabinctry will be installed the spaces will be completed and rcady for staged materials to be unpacked and the rooms put into use the gymnasium will he completed and all outside hard surfaces will be fulIy completed Final to determine that all outside landscaping shall bc completed and all punch list items for minor adjustments and repairs shall be completed Warranty such inspection shall be made approximately eleven months after Substantial completion and acceptance of the work These inspections may be at different times for different portions 01 the work The Construction Manager shall assist thc Architect in determining whether the Work has been completed 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 asatisfactory and workmanlike manncr by the Subcontractor rcsponsible for the same 2 3 2 21 The Construction Manager shall secure and transmit to the Architect all warranties and similar submittals required by the Contract Documents for delivery to the Owner and deliver all keys manuals record drawings and maintcnance stocks to thc Owner Thc Consttuetion Manager shalI forward to the Architect a finallroject Application for Payment upon compliance with the requirements of the contract dl uments 2 4 PROFESSIONAL SERVICES Section 3 12 10 01 A201 1997 5h 11I apply to both the Preconstruction and Construction Phases 2 5 HAZARDOUS MATERIALS Section 10 3 of A20 I HL 1997 shall apply to both the Preconstruction and Construction Phases Except as otherwise prvided the Owner Construction Manager and Architect shall then proceed in the manner described in article 10 of AlA Document A20I The Owner shall be responsible for obtaining the services of a licensed lahoratory to verify the presence orabsence of the material or 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 serviccs of persons or entities to perform tests verifying the presence or absence of such material or substance orto perform the task of removal or safe containment of such material or substance 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 thc Project including a program which sets forth the Owner s objectives constraints and ctiteria including space requirements and relationships t1exibility and expandability requirements special equipment and systems and site requirements 3 1 2 Thc Owner shall at the written request of the Construction Manager prior to commencement of the Construction Phase and thereafter furnish to the Construction Manager reasonable cvidence that financial arrangements have been made to fulfill the Owner s obligiltions under the Contruct Furnishing of such evidence shall be a condition precedent to commencement or continuation of the Work After such cvidenee has been furnishcd the Owner shall not lllilterially vary such tlnancial arrangements without prior notice to the Construction Manager 3 1 3 The Owner shall establish and update an overall budget for the Project based on consultation with the Construction Manager and Architcct which stwll incl lde contingencies for changes in the Work and other costs which lre the responsibility of the Owner Inlt AlA Document A121 YMCMc 2003 and AGC Document 565 Copyright @ 1991 and 2003 by The American instituto of ArchitoCIS andTtle Associulod Gtlneral Contractors of Amorica All rlghts reserved WAnN1NL This doellment Is prolected by U S COPYright Ld it 1 llImnlli ir iI Unfluthc wlfHl frpnHheUan Or distribution nf thhs Jqcument U any portion oJ UT may result in Sfn encivil VHi encn A 0 n hf LiH ij wiH hu prose ljjm im tltn1 pogglb nileI lhe faw This document was producod by AlA software at 15 19 50 On 071t0 200 undor Order No l000259422 1 which expires on 9 18 2007 and is nollorreaale User Notea 1433524015 8 48 3 14 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 Except to the extent that the Construction Manager knows of nny inaccuracy the Construction Managershallbeentitledtorelyupontheaccuracyofanysuchinformationreportssurveysdrawingsandtestsdescribed inSections3141through3144butshallexercisecustomaryprecautionsrelatingtotheperformanceofthcWork 3 1 4 1 Reports surveys drawings and tests concerning the conditions afthe site which are required by law 3 14 2 Surveys describing physic tl charactcristb legal limitations and utility locations for the site of the ProjectandawrittenlegaldescriptionofthesiteThesurveysandlegalinformationshallincludeasapplicablegradesandlinesofstreetsalleyspavementsandadjoiningpropertyandstructuresadjacentdrainagerightsofwayrestrictionseasementsencroachmentszoningdeedrestrictionsboundariesandcontoursofthesitclocations dimensions and neccssary data pertaining to existing buildings other improvements and trees and information concerning available utility services and lincs 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 a geotechnical cngineer when such services are requested by the Construction ManagerSuchservicesmayincludebutarenotlimitcdtotestboringstestpitsdeterminationsofsoilbearingvalues percolation tests evaluations of hazardOllS matcrials ground corrosion and resistivity tests including necesslryoperationsforanticipatingsubsoilconditionswithreportsandIppropriateprofessionalrecommendations 3 14 4 Structural mechanical chemical air and water pollution tests tests for hazardous materials and other laboratory and envirollmental tcsts inspections and reports which arc required by law 3 14 5 The services of other consultunts when such services arc reasonably required by the scope of the Project ancl arc requested by theConstruction 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 mutters requiring the Owner s approval orauthorization This representative shall have the authority to make 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 Except as otherwise providcd in Section 4 2 1 of A20 I TM 1997 the Architect does not have such authority 3 3 ARCHITECT The OWLler shall retain an Architect to provide Basic Services including normal structural mechanical and electrical enginecring services other than cost estimating services described in the edition of AIA@ oeument B 151 TM 1997 Abbreviated Standard Form ofA greemelll Between Owner and Architect currcnt as of the datc of this Agreement The Owner shall authorize and cause the Architect to provide those Additional Services described in B 15 p L 1997 requested by the Constmction Managcr which mnst necessarily be provided by the Architcct for the Preconstruction and Construction Phases of the Work Such servkcs shall be provided in accordance with time schedules agreed to by the Owncr Architect and Constmctioll Manager Upon request of the Construction ManagertheOwnershallfurnishtotheConstructionManageracopyoftheOwnersAgreementwiththeArchitectfrom which compensation provisions may be deleted 3 4 LEGAL REQUIREMENTS The Owner sh 111 determine and advise the Architect and Construction Manager of any special legal requirementsrelatingspecitkallytotheProjectwhichdifferfromthosegenerallyapplicabletoconstructioninthcjurisdiction of the Project The Owner shall furnish such legal services as are necessary to provide the information and services required under Section 3 1 Inlt AlA Document A121 CMc 2003 and AGe Document 565 Copyright @ 1991 and 2003 by n Am rl n InstillHo of Architecls and The AssecialedGeneralContractorsofAmericaAllrightsraservedWAflNijNCfnnClInwotprAoehdbytJi0CLrllandHlhHnHHlihiiJmHjiJ UnlIthndzcd reprcHhJHNontHdiClribut of thj d Cumw1t q iEli portion nt may re ull 10 MhNMtlV nd 1iinh A ndtm Tnd r1 c fd to th sinum exhmi poS tlH 1 tl lilW This dOGum nl was producedby AlA software at 15 1950 en 07 10 2007 under Order No 1000259422 1 which expires 00 9 18 2007 and is n01 for resale User Notes 1433524015 9 49 Paragraphs deleted ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES The Owner shnlI compensate the Construction Manager for Constnlction Phase services as follows 5 1 COMPENSATION f 5 1 1 For the Construction Manager s Paragraphs deleted services during the Construction Phase the Construction Manager s Fee shall be 6 0 percent on the base bid and 4 5 percent Oil the alternates of thc sum of all of the awarded contracts for the Work The Owncr shall in no event be obligated to the Construction Manager for morc than the amount set filrth in this Subparagmph 5 11 for Construction Phasc fees in connection with this Project Notwithstanding any other provisions in the Contract Documents the basis for computing the Construction Manager s compensation under this paragraph shilll specifically not include any inereascd contract sums necessitated by changes in the work increased costs orcosts approved for any other reason except as provided by Sections 2 2 11 and 2 2 12 5 2 GUARANTEED MAXIMUM PRICE f 5 2 1 The sum of the Cost of the Work as defined in Subparagraph 6 1 below together with the Construction Manager s ree is guaranteed by the Construction Manager not to cxcecd the Guaranteed Maximum Price providedinamendmentNo1oranysequentiallynumberedAmendmentsubjectonlytoadditionsapprovedinaeeordame with this Agreement and the Ocneral Conditions made a part hereof Such maximum sum as adjusted by approvedchangesintheworkisreferredtohereinastheadjustedGuaranteedMaximumPriceAnycostsorexpensesthai cause the adjusted GUl1ranteed maximumPrice 10 be exceeded shall be the sole nsponsibility oland paid by the Construction Manager without reimbursement by the ownerexcept as provided in Section 2 2 I I and 2 2 12 Paragraphs deleted 5 3 CHANGES IN THE WORK 5 3 1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of Amendment No 1 may be determined hy any of the methods listed in Section 7 3 3 of AZOI lM 1997 5 3 2 In calculating adjustments to Subcontrads the terms cost and fee as used in Subparagraph 7 33 3 of AlA Document A20 I and the terms cost and areasonable allowance for overhead and profit as used in Subparagraph736pfAlADocumentA2GIshallhavethemeaningsassignedtotheminthatdocumcntandshallnotbeincreased based on changes to the work except as specifically provided in Section 5 1 2 2 and 2 2 12 where the Owner requests material changes which areuutside the scope of the Project Paragraphs deleted ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE 6 1 COSTS TO BE REIMBURSED 6 1 1 Thc 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 including any contracts competitively solicited and awarded to the Construction Manager l lCconstruction work in connection with the Project Construction Contingency Account and Reimbursable Direct Job Costs defined in Amendment L In the event inconsistencybetweenanyContractDocumentandAmendmentIAmendment1shallgovern ParaMraphs deleted Init AlA Document A121 CMc 2003 end AGe Document 565 Copyright @ 1991 arid 2003 by The American ISHtuto 01 Architects andThe AssociatedGonoralCOfllractonortnlttiCiAllrightsreservedVAHijrklhdH1mefdhprChNJHHibyUSHldIrlhtnliuWlfnHtk lkTndhlri tnd rcptodudhm rdi lrihutilfth lli dacdm ml tm 1nv podlnni rlH Y fHlj1 n lri0H 1nf Hminwl pf mailf Lmd cn ted to Ihl u u xtenl 1 111 untier H Iw This document was produced by AlA software aI15 19 50 on 07 1012007 und Ord NO 1000259422 1 which oxplros on 9 18 2007 an jis I10t for lasale User Notes 1433524015 10 50 Tabie deleted Parag mphl delded 6 2 COSTS NOT TO BE REIMBURSED Paragraphs deleted 6 3 DISCOUNTS REBATES AND REFUNDS 6 3 1 Cash discounts ohwined on paymcnts made by the Construction Manager shall accrue to the OWncr if 1 before making the payment thc Construction Manager included them in an Application for Payment and reeeived payment therefor from the Owner or 2 the Owner has deposited funds with the Construction Manager with which to make payments otherwise cash discounts shall accrue to the Construction Manager Trude discounls 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 Section 0 3 shall be credited to the Owner as a deduction from the Cost of the Work 6 4 ACCOUNTING RECORDS 6 4 1 The Construction Manager shall keep full and detailed aCCDunts and exercise sllch controls as may be necessary for proper financial management under this Contract the at counting and control systems shall be satisfactory to the Owuer The Construction Manager shall maintain records for all subcontracts change orders and scope of Work changes resulting frol11 all Subtontractors The Owner and the Owner s aCtllllntants shall be afforded access to the Construction Manager s records books correspondence instructions drawings receiptssubcontractspurchaseordersvouthersmemorandaundotherdatarelatingtothisProjectandtheConstruction Manager shall preserve these for a period of three years after t1n ll payment or for such longer period as may be required by luw ARTICLE 7 CONSTRUCTION PHASE 7 1 PROGRESS PAYMENTS g 7 1 1 Based upon Applications for Puyment submitted to the Architect by the Construction Manager llnd Certificates for Payment issued by the Arthitect the Owner sh lllmake progress puyments to the Construction Manager as provided below and elsewhere in the Contruct Documents 7 12 The period covered by each Application for Payment shall be one calcndar month cnding on the last day of the month or as follows 7 13 Progress Payments are due and plyable pursuant to 28 2 210 I et self MCA which provides in part that a contractor s request for paymcnt is considered approved by the Owner 21 days after receipt of the request by the Owner or the person dcsignated in the contract by thc Owner to receive the payment request unless prior to that time the Owner provides the contractor with a written statementcontaining specil1c items in the request for payment that arcbeing disapproved by the Owner If the Owner pprovcs all or a portion of a contractor s request for payment a providcd in the statute the Owner shall pay the contractor the approved amount within 7 days after contractor s request for payment is approvcd 7 14 With each Application for Payment the Construction Manager shall submit payrolls petty cash accounts receipted invoices or invoices with cheek vouchers attached and any other evidcnce required by the Owncr or Architect to demonstrate that cash disbursements already made by the Construdion Manager on account of the Cost of the Work equal or exceed I progress payments already received by the Construction Manager less 2 that portion of those paymcnts attributable to the Construction Manager s Fee plus 3 payrolls for the period covered hy the present Application for Paymcnt 7 15 Each ApplicatiDn 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 shull allocate the entire Guaranlccd Maximum Price among the v arious portions of the Work except that the COIlstrudion Manager s Fee shall be shown as a single separate item The schedulc of values shall be prepared in such form and supportcd by Inll AlA Document A121 CMc 2003 and AGC Document 565 Copyright @ 1991 and 20 J by The ArTlelican Instiluteof ArchlloclS and The Associated General Contractors of America All right rerved WAHNiN0 heumoIS pml d bV U S Copyrlpl11 La IWrnalll I1tJnlndh rb tJ lur dOi Of cthtntHJtk tflhi ol dCJ Hnf IiC I0ny Oftlon nf d rrH1Y re1 idl HI nVBn iv jrm old jelH lt1l pro Guk IlaX Vi jit uno rth II This document w s producedby AlA soflware at 15 19 50 on 07110120011JI1uor Order Ne 1000259422 1 wt k 11 explros on 9118 2007 and IS not for resale User Notes 1433524015 11 51 sllch data to ub tantiate its accuracy as the Architect may require This schedule unless objected to by the Architect shall be used as a basis for reviewing thc Construction Manager s Applicatjon for Payment 7 16 Applications filr 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 completion shall be the lesser of I the percentage of that portion of the Work which has actually been completed or 2 the percentage obtained by dividing a the expense which has actually been incurred by the Construction Manager on account of that portion of the Work for which the Construction Manager has made or intends to make actual payment prior to the next ApplicationfurPaymentbybtheshareoftheGuaranteedMaximumPriceallocatedtothatportionoftheWorkinthesdHdulc of values 7 17 Subject to other provisions of theContract Documents the amount of each progress payment shall be computcd 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 the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of Vlllues PendingfinaldeterminationofcosttotheOwnerofchungesintheWorkamountsnotindisputemaybe included as provided in Section 7J 8 of A20 PM 1997 even though the 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 equipmentdeliveredandsuitablystoredatthesiteforsubsequentincorporationintheWorkorifapprovedin advance by the Owner suitably storcd offthe site at a location agreed upon in writing3AddtheConstructionManagersFcclessretainageofFivepercent500The Construction Manager s Fcc shall be computed upon the Cost of the Work described in the two preceding Sections at the rate stated inSection 5 1 1 or if the Construction Manager s Pee is stated as a fixed sum in that Section shall be an amount which bears the same ratio to that fixed sum Fee as the Cost of the Work in the two prcceding Sections bear to a reasonable estimate of the probahle Cost of the Work uponitscompletion 4 Subtract the aggregate of previous payments made by the OWner 5 Subtract the shortfall if any in licated by the Construction Manager in the documentation required bySection714tosubstantilltepriorApplicationsforPaymentorresultingfromerrorssuhsequentlydiscoveredbytheOwnersaccountantsinsuchdocumentation 6 Subtract amounts if any for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9 5 of A20ITMI997 7 18 After the words retainagc of in the first entence of Subparagraph 7 1 7 3 insert the words five percent5AllrctainageamountsunderthisprovisionshallbeplacedinaninterestbearingaccountbytheOwnerin the name of both parties in accordance with Montana law The interest from that account shall be payable to the Construction Manager as it is accrued The payment of the escrow account shall be made to the Construction Manager simultaneously with the final payment less only such amount as may reasonable be necessary to corrcct any identified deficiency in the Work in accordance with Sections 28 2 2101 et scq ofthc Montana Code Annotated Except with the Owner s prior approval payments to Subcontractors shall he subject to retention of not less than five percent 5 7 1 9 Except with the Owner s prior approval the Construction Manager shall not makc advance payments to suppliers for materials orequipment which have not been delivered and stored at the site 7 110 In taking action on the Construction Manager s Applications for Payment the Architect shall be entitled to rely on the accuracy und completeness of the information furnished by the Construction Munager and hall not be deemed to represent that the n hitect has made adetailed examination audit or arithmetic verification of the documentation submitted in accordance with Section 7 14 or other supporting data that the rchitcct has made exhaustive or continuous on site inspections or that the Architect has made examinations to ascertain how or f lr what purposes the Construction Manager has used amounts previously paid on account of the Contract Such examinations audits and verifications ifrequired by thc Owner will be performed by the Owner s accountants acting in the sole interest of the Owner AlA Document A121 rCMo 2003 and AGC Document 565 Copyright rtJ 1991 and 2003 by The American Instituto of Architects and TheAssociatedGoneralContractorsofAmerGaAllrightsreservedWARNiNGljgdlCUll1FjwprolloindhyUSClpyNlhlawlOcilfllornallonaliJ ith lrilfd rprndUdjbn or distntn m onhls dOC Hn f1L 1 uny portion vt it rrmyi suH in uvuru iltH ChuiFtll pcnalticsj wJ will h rw itUh d tu 1110 iMUm 1 P it Ilnderlh Igw This document was prOlJlJced by AlA software at 15 1950 on 0111012007 undor Ordor No 1000259422 1 whlcl1 expires on 9 18 2001 and is not forresale User Noles 1433524015 12Inlt 52 7 111 The Construction Manager shall develop Ilnd implement procedures for the timely review and processing of application for payment by Subcontractors for progress and final payments 7 1 12 Bascd on the Constmction Manager s observations and eval uations 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 due the rc peetive Subcontractors and shall incorporate such certined amounts into the Applicatioll for Payment developed under Subparagraph 7 1 5 above 7 113 The Construction M n lger s certification fOr payment shall constitute a representation to thc Owner bilsed on the Construction Manager s determinations at the site and on the data comprising the Subcolltmctor s applications for payment that to the best of the Construction Managers knowledge information and belief the Work has progressed to the point indicatcd and the quality of Work is ill accordance with the Contract Documents The foregoing representations arc subject to an evaluation of the Work for conformance with thlContract Documcnts upon Substantial Completion to results of subsequent tests and inspections to minor deviations from the Contract Documcnts correctable prior to completion and to specific qualifications expressed by the Construction Munager in writing The issuance of uCertificate for Payment shall further constitute a rcprcscntation that the various Subcontractors arc entitled to payment in the amount eeltified 7 2 FINAL PAYMENT 7 2 1 Except as may otherwise be provided herein final payment shall be made by the Owner to the Construction Manager when 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 providcd in AlA Document A20I and b satisfy other requirements if any which necessarily survive final payment 2 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 Paragraphs deleted Architect Such final payment shall bc made pursuant to 28 2 2101 et seqMCA 7 2 2 The amount of lhe final payment shall be calculated as follows 1 Take the sum of the Cost of the Work substantiated by the Construction Manager s final accountingandtheConstructionManagersFccbutnotmorethantheGuaranteedMaximumPricc 2 Subtract amounts if any for which the Architect withholds in whole or in part aflnu Certificatc for Payment as provided in Section 9 5 1 of A201nl 1997 or other provisions ofthe Contmct Documents 3 Subtract the aggregate of previous payments made by the Owner If the aggregate of previous payments made by the Owner cxceeds the amount due the COllstructiol Manager the Construction Manager shnll reimhurse the difference to the Owner 7 2 3 The Owner s accountants will review and report in writing m the Construction Manager s final accountingwithin30daysafterdeliveryofthennalaccountingtotheArchitectbytheConstructionManagerBaseduponsllch 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 Section 7 2 1 have been met the Architect will within seven days after reccipt of the writtell report of thc Owncr s accountants either issue to the Owner a final Certificate for Payment with acopy to the Construction Manager or notify the Construction Manager and Owner in writing of the Architect s rcasons for withholding a certificate as provided in Section l S I of A201 1997 The time periods stated in this Section 7 2 supersede those stated in Section 94 1 ofA201lM 1997 7 2 4 If the Owner s accountants report the Cost of the Work and AlA Document A201 Expenses as substantiated by the Construction Manager s final accounting to be less than claimed by the Constmction Manager the Construction Manager shall be entitled to proceed to resolve such dispute under Article 9 or us otherwise providedhereinwithoutafurtherdecisionoftheArchitectPendingafinalresolutionofthcdisputedamounttheOwner shaH pay the Construction Manager the amount certified in the Architect s final Certilkate for P lyment Inlt AlA Document A12FMCMc 2003 and AGC Document 565 Copyright @ 1991 nd 2003 by TheAmerican Institule 01 Archilcct and Tho Asoclaled General Contmclors of America All rights reserved WARNiNG fhi docunwnl isrrN led by U S Copyrlgh11ndto r IrI Ut JI ttF fed rp oducinn or kAributiol1 or thi dOt UrrH nt or any pflftlon of it m v rl Hdi in 36lVere ciVil lnd crim slr mlitws and will tH V jbd to tM ma im it pO ibl d4 tm law This documenl was producedby AlA software aI15 19 50 on 07 10 2007 under Ordor No 1000259422 1 wiliet expires o 9 18 2007 a d is not tor resale User Notes 14335240151 13 53 Paragraphs deleted 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 Section 111 of A20I I997 Such insurance shall be writtcn for not less than the f6llowing limits or greatcr ifrequiredbybw fi 8 1 1 Without limiting any of the other obligations or liabilities of the Construction Manager the Construction Manager shall secure and maintain stich insurance from an admitted insurance company orcompanies authorized to write insurance ill the State of Montana with a minimum A M Best Rating of A as will protect himself his subcontractors thc Owner and the ArchitectEnginccr and their respective agents and employces from claims for bodily injury deHth or property damage which may arise from operations Hnd completcd operations under this Agrccmcnt Such coverage shall be written for claims arising outof all prcmises operations and all liabilityassumedbythcConstructionManagerunderanycontractoragreementConstnlCtionManagershallnotcommence work under this Agreement until such insurance has been obtained and certificates of insurance with binders or ccrtified copies of the insurance policy shall have been filed with the Owner and the ArchitectlEngineer All insurancc coverages shall remain in effect throughout the life of the Agreement except that the construction Manager shall maintain the Commercial Gencral 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 poli cy shall contain a clause providing that it will not be cancelled by the insurancc company with 45 days written notice to the Owner and Architl ctlEngincer of intention to cancel Owner and ArchitectEngineer ure to be added lIS additional insured under the Gcnera Liability CoveragesHoweverTheOwnerandtheConstructionManagerunderstandthattheinsurancecoverageprocuredbythe constrnction Manager shall not provide coverage for design related liubilities it being the responsibility of the Architect to provide for the same Certificates of Insurance shall be provided identifying such interests The minimum alTlount of such primary insurancc coverages shall be as follows 1 Commercial General Liability Occurrence Form Bodily Injury and Property Dam lgc 1 000 000 00 per oecurrcnce 2 000000 00 General Aggregate 2 OOOOOo no Products and Completed Coverage to include Premiscs Operations Products Completed Operations Contractual Liability OperatiOlls of Independent Contractors Personal Injury Broad Form Property Damage Deductiblc Not more thall 5000 00 per occurrence on property damage 2 Automobile Liability Combined Single Limit Combined Single Limits 1 000 000 00 each accident Uninsured I Undcrinsured Motorist Limits 1 000 000 00 Bodily Injury and Property Damage Coverage to include All owned autos All Hircd Autos AlA Oocumenl A121 CMe 2003 and AGC Doeumenl565 Copyright @ 1991 and2003 by Tha American Institute of NeMacts and Tha Associated Genera Contractors of America All rights reserved WARNING this dclJme t is probduU by LIS Cq Vrqhl Law nl1d Inl mHlet1 iO Iit s Urtw thorizod reprnducHon nr aubUtJQll of ttlhdUGHmnnt Or allVpon tif a may re lJa eVt fcivil rld crifl1inal v rh it51 anrl will bJ 1 5eculmJ 10 the m I11 W sibk der thr 10 This documenl was producad by AlA software at 15 19 50011 07110 2007 under OrdsrNo1000259422Jwhichexpireson911B12007andisnotforrasala User Notes 1433524015 14Inil 54 All non owned autos 3 Umbrella orExcess Insurance Per Occurrence Limit 5 000 000 00 Annual Aggregate Limit 5 000 000 00 This coverage to apply to the eonunercial general liability and the automobile liability Totul limit of liability coverage requested is 5 000 000 00 and can be made up of a combination of the primury und the umbrella orcxcess insurance coverage 4 Workers Cornpensutioll Occupational injury ullcl Disease Statutory Employer s Liability These requirements may be written with General Liability Policy by endorscment if unavailable from Workers Compensation carrier Paraflraphs deleted 8 2 INSURANCE REQUIRED OF THE OWNER During both phases of the Project the Owner shall purchase und maintain liability and property insurance includingwaiversofsubrogationassetforthinSections112and114ofA20JTM1997Suchinsunll1ceshallbewrittenIllI not less than the following limits or greater if required by law 8 2 1 Propcrty Insurance Deductible Per Occurrence Aggregate Deductible g 8 2 2 The Owner shall purchase and maintain liability ancl property insurance as follows Buildcrs Risk General Liability Boiler und Machinery Insurance 10 600 000 00 1 000 000 00 per occurrence 10 600 000 00 The Construction Manager shall be added as an additional insurcd under the Owncr s liability and propertyinsurance 8 3 PERFORMANCE BOND AND PAYMENT BOND 8 3 1 The Construction Manager shull lumish bonds covering the faithful performance of this contract and all contracts competitively solicited and awarded for construction work in connection withthe Project and payment of all obligations arising thereunder including labor and materials Bonds may be obtained through the Construction Manager s usual source and the cost thcrcof shall be included in the Cost of the Work The amount of each bond shall be equal to 1000of the Contract Sum of this contract and any and all contracts competitively solicited and awarded for construction work in connection with the Project Both the Construction Managcr and the Owncr shall be listed as obligees on the payment and performance bonds 8 3 2 The Construction Manager shall deliver the required bonds to the Owner at least three days before the commencemcnt of any Work at the Project site AlA Dooument A121 eMo 2003 ond AGC Oocument 565 Copyrlghl @ 1991 and 2003 by TheAmerican Instituto 01 Architects and ThoAssocinted General Contractors of AmlHica All rlghlS reserved WAHNING This don i5 p otl cled by UL C ppqhl Law nd 1 1 11 g UWil Jlhodn8 un or diddLuhm jthIS d KiHw nt rmy porl1un n 1 m v msult in Hf ere eiVil lrd enm 1r0naHJr wd plo e td l0 nnJimlJ fx pH t1ih d w d rti bw This documBnt was producod by AlA software at 15 19 50 Hill7 1 0 2007 llndo Onjor No 1000259422 which expires on 918 2001 and is not 10 asate Use NOles 1433524015 15 Init 55 ARTICLE 9 MISCELLANEOUS PROVISIONS 9 1 DISPUTE RESOLUTION 9 1 1 During both the Preeonstruction and Constluction Phases Claims disputes or other matters ill IUestionbetweenthepartiestothisAgreementshallbercsolvedasprovidedinSections43through46inAlADoeumcnt A20 I TM 1997 except that during the Preeonstruetioll Phase no decision by the Architect shall be a condition precedent to mediation 9 2 OTHER PROVISIONS fi 9 2 1 Unless otherwise noted or unless otherwise inconsistent with their intcnded meaning in this Agreement the terms used in this Agreement shall have the same meaning as those in A20 ITM 1997 General Conditions ftheCuntractfinConstruction fi 9 2 2 EXTENT OF CONTRACT This Contract which includes this Agreement its Addendum its Amendments and the other documents incorporated herein by refcrence represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations representations or agreements either written ororal This Agreement and its Addendum may be amended only by written instrument signed by both the Owner und Construction Manager If any document incorporated into this Agreement or its Addendum is inconsistent with either this Agreement this Agreement and its Addendum shall govern 9 2 3 OWNERSHIP AND USE OF DOCUMENTS Article 1 6 of A20I nl 1997 shall apply to both the Preconstruct ion and Construction Phases 9 2 4 GOVERNING LAW The Contract shall be govemed by the law of the place where the Project is located 9 2 5 ASSIGNMENT The Owner and Construction Manager respectively bind themselves their partners successors assigns and legalrepresentativestothetherpartyheretoandtopartncrssuccessorsassignsandlegalrepresentativesofsuchother party in respect to covenants agreements and obligations contained in the Contract Documents Except as providedinSection1322ofA20ITM1997neitherpartytotheContractshallassigntheContractasawholewithoutwritten COrlsent 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 11 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 descrihcd in Section 14 1 1 of A201HL1997 10 12 If the Owner or Construction Manager terminatcs this Agreement pursuant to this Section 10 1 1 above primtocommencementoftheConstructionPhasetheConstructionManagershallheequitablycompensatedfor Prcconslmction Phase Services performed prior to receipt of notice of tcrmination provided however thnt the compensation for stich services shall not exceed the eompen ation set forth in Section 4 1 1 10 1 3 After commencement of the Construction Phase the Construction Manager Paragraphdeleted may terminate this Agreement for any of the reasons set forth in and pursuant to Subparagraph 14 of AlA Document A20I The Owner may terminate this Agreement for any of the reasons set forth and pursuant to Subparagraphs 4 2 or 144 of AlA Document A20l The Owner may terminate this Agreement for any of the reasons set forth and pursuant to Subparagraphs 14 2 or 144 of AlA Document A201 10 14 If the Owner or Construction Manager terminates this Agreement Pursuant to Paragraph 10 1 3 the COllstnlCtion 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 alnount of Work completed during 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 tntal Cost of the Work The aggregate of previous payments made by the Inlt ALA Document A121TMCMc 2003 lInd AGC Document 565 Copyright @ 1991 and 2003 by TheAmerican Institute 01 Architects and Tho AssociatedGenoralContractors0AmencaAllrIghtsreservedIAHNINGThidOClOtmprotectedbyeopYI11tO1IMmiJhM1Im1UrmAhwio0fryproductlQndHHribtdion01thiSthcJtmmtooriWHlaIIlQ1itrrwyrffultinttqVenlcivilltifrimdHpnn1tHh1niNdbe V ulud to lh a imum hnl p ilb unJe U IliIo This document was produced by AlA soltwaraat 15 19 50 on 0711 0 2001 umier OrderNol0002594221whichepireson91812001aridIsflotlorresale User Not s 1433524015 16 56 Owner with respect to the Construction Manager s Fcc shall be deducted from the figure arrived at through the above referenced ratio No amounts beyond amounts that are tied to actual work performed shilll be paid to the Construction Manager 10 2 TERMINATION SUBSEQUENT TO ESTABLISHING GUARANTEED MAXIMUM PRICE Subsequent to execution by both parties of Amendment No I the Contract may be terminated as provided in Article 14 of A201JM 1997 Parafraphs deleted 10 3 SUSPENSION The Work may be suspended by the Owner as provided in Article 14 of A20 PcI997 Add Article 11 and the following Subparagraphs of Article II ARTICLE 11 OTHER CONDITIONS AND SERVICES 111 The Construction Manager shall itself comply with Ilnd shall ensure the compliance of the various Subcontn clorS with 18 2403 MCA in terms of giving preference to the employment of bona fide Montanil residents in the work it performs under this Agreement and in paying the standard prevailing wage rate of wagesincludingtravelallowanceandfringebenefitsineffectandapplicabletotheoperationsthatarcconductedin performing the Work 011 this Project The Construction Manager will properly classify its employees and ensure that the various Suhcontraetors properly classify their respective employees in accordance with the most rccent Montana prevailing wage ratcs as established by the Montana Department of Labor prior to commencing operationsunderthisAgreementAcopyoftheapplicableprevailingwageratesarecontninedintheProjectManualandarc expressly incorporated herein by reference 112 No waiver of uny breach of anyone of the agreements terms conditions or covenants of this Agreement bytbeOwnerorConstructionManagershallbedeemedtoimplyorconstituteawaiverofanyotherugreementterm condition or covenant of this Agreement The failure of either party to insist Oil strict performance of any agreemcnt term condition or covenant herein set forth shall not constitute or be construed as a waiver of the rightsofeitherortheotherthereaftertoenforceanyotherdefaultofsuchagreementtermconditionorcovenantneither shall such failure to insist upon strict performance be deemed sufficient grounds to enable either party to forcgo or subvert or otherwise disregard any other agreement term condition or covenant of this Agreement 11 3 If in any instance any provision hereof shall be determinc d to be invalid or unenforceable under anyapplicablelawsllchprovisionshallnotapplyinsuchinstancesbuttheremainingprovisionsshallbegiven effect in accordance with the terms 114 Any notices required or permitted under this Agreement or which any party elects to give shall be in writinganddeliveredeitherpersonallytotheotherpartysauthorizedagentsetforthbeloworaschangedbywritten notice Of 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 orto such other address as either party may later designate in writing ny notice given hy mail as herein provided shall be deemed given when deposited in the United States mail Owner Owner s Construction Representative City of Bozeman Altn James Goehrung POBox 1230 Bozeman MT 59715 Inlt AlA Document A121 CMc 2003 and AGC Documenl56S Copyrlghl @ 1991 and 2003 by Tll0 American Institute 01 Architects and The AssociatedGoneralContraclorsofArnericaAllrightsreservedANGThithClBCHH1IRproteAedl1wl1ndnnHiu1lIHMfhrildBpndUdmflHhikiblollofHuthJLn11oflYindian01dmayrUtHclflflrdVlndtllandwil lWtecut d tit na lnlUm hml p s ble d the Illw This document was produclQ by AlA soltwaroaI15 1950 on 0711012007 undor O jONO10002594221whichexpireson9182007andisnOItorresale User Notes 14335240j 5 17 57 Construction Manager Martel Cunstruction IneAnnMarkBrown 1203 Somh Church Bozeman MT 59715 11 5 This Agre ement may be executed in several counterparts and each such counterpart shall be deemed anoriginal 116 Time is of the essence and the Construction Manager agrees to proceed with the provision of services underthisAgreementwithduediligenceandwithoutdelayinordertomeettheOwnersscheduleofconstructionand occupancy It is expressly grecd and understood between the parties that the Project must reach SuhstantialCompletionnulatcrthanAugust 117 The Construction Manager shall reject the use of any hazardous material in the construction of the projectincludinghutnotlimitedtoasbestosasbestosproductspolychlorinatedbiphenylPCBorothertoxicsubstancesFurtherifanysuchmaterialsarediscoveredinthecourseoftheconstructiontheConstructionManagershallnotifytheOwnerimmediately 11 S In the event either party tiles suit to enforce their rights under this agreement the prevailing party shall beentitledtorecovertheircostsandattorneysteesfromtheotherpartyinadditiontoanyotherdamagesawardedbythecourtItisunderstoodandagreedthatanysuitfiledtointerpretorenforceanyoflheprovisionsofthis agreement shall be filed in the Eighteenth Judicial District court of the State of Montana This Agreement cntered into as of the day and year first written above OWNER CONSTRUCTION MANAGER Signature Anthony W Martel Vice PresidentlSecretary Printed lllme and ritle SignnlureI Printed name and title Date Date ATTEST ATTEST Init ALA Document A121CMc 2003 and AGC Document 565 Copyright @ 1991 and 2003 by The American Il1Stilwt 01 Architects and rhe A socialerlGeneralContractorsojArmoricaAllrightsreservedWARNINGThisJocnliPWWcllObyUSoCrign1ilWMdlntllabjTmUn3lJtmdldreprodoctlonOfdhkibHionorthidOCUiTiQntroranyportimltlitmayrmdtinSfVn0civilandrhqApoliHLridwObprosecutedllheUIposbbHieItlawrhisdocumentwaSproducedtyAlAsoftwareat151950On07102007underOrderNo10002594221whichexpireon9182007nndisnotforresale User Noles 1433524015 18 58 AIA Document A121 CMc 2003 Amendment No 1 AMENDMENT NO 1 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER Pursuant to Section 2 2 of the Agreement datcd June 19 2007 between City of Bozcman A Municipal Corporation Owner and Martel Construction Inc SUbchapterSCorporationtheConstructionManagerforBozemanIntermodalFacilitythe Project 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 6 and the Construction Manager s Fee as defined in Article 5 is Eight Million Six Hundred Ninety Nine Thousand EightHundredFiftyTwoDollars869985200ThisPriceisfortheperformance of the Work in accordance with the Contract Documents listed and attachcd to this Amendment and marked Exhibits A through F as follows Exhibit A Drawings Specifications addenda and General Supplementary and other Conditions of thc Contract em which the Guaranteed Maximum Price is based I one volume of 24x36 Drawings dated April 2007 and Volume I and II of the Project Manuals dated April 200 Exhibit B Attached Amendment No 1 Spreadsheet dated June 11 2007 Exhibit C Assumptions and Clarifications made in preparing the Guaranteed Maximum Price pages through dated Exhibit D 11 2007 Completion Schedule pages I through dated July Exhibit E Alternate Prices pages through dated Exhibit Ii Unit Prices pages through dated ADDIllONS AND DELETIONS The author of this document has added information needed for Its completion The author may also have revised the text of the original AlA standard form An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed A verticalline in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AlA text This document has important legal consequences Consultation with an attorney Is encouraged with respect to its completion or modification fnlt 1 AlA DocumntA121 CMc 20D3 Amendment NO 1 Copyright @ 1991 1998 and 2003 by The American In titute of Architects and The AssociatodGeneralContractors01AmericaAllrightsreservedWAHNINGThisdocumentIsproteclOdbyUSCopyrightLawanoInlemaljonalrliuUnaull1QI1CCproduclionordhllibulionoflliinJclmmtoranyportionofIIIMyUlIlnseverllciviln1cmpCl1alllcwdwhbe pro ecourj10 the maximum xli possible unkr ll1e law This documentwas prOduced by AlA software at 10 2119 on 07111 2007ul1derOrderNal0002594221whichexpireon9182007andisnotforresalaUserNotes722476724 59 ARTICLE II CONTRACT TIME The date of Substantial Completion established by this Amendment is August 2008 OWNER CONSTRUCTION MANAGER Signature Signature Anthony W Murtel Printed name and titlePrintednameandtitle Date Date ATTEST ATTEST In It 11 111 Dooument A121CMc 2003 Amendment No 1 Copyright @ 1991 1998 and 2003 by The American Institute of Architects and TI1e AssociatedGeneralContraotors01AmericaAllrightsreservedWARNINGThilldocumentIsprotootdbyUSCopyrightL3WandIntemaHmml1moUesUnmllhNitedNproducliOnordlsldmllonofthisdocumentOranypllr1lm0111mayrsultinseverecivilwdcriminalpenallhwillLalmCIltlldtothwnMJllmOmextm1tpossibleundrlhe13WThisdocumentwasproducedbyAlAsoftwaroat102119on071112007undorOrdorNo10002594221whichexpireson9182007andisnotforresale User Notes 722478724 2 60 ptJiKiikf COiist1ilidiOi mCoQfl1f OtJIIIIllIta ConEplolo hfvftn Jor Bid g C cl ona CrtAll AoP fGMP tor CiIy C oa C tuetion Slmc l lDJ Sl ilcIi iiJrinij utMyltllloc ttlflf ions SOG Slrudwat V3too cast In ploKltcilc1a Wi Mly Adjustmo w C W ConIpIow iISf5tilfm SMdewiiJik 1IC ll1 f1C an oIJ1dNelIplI of GMgo U R lilk ti1 NU C NtUihertj rou SIllIfC lC OwnofO oey 0 1 Rtcflo Sboltu farr IQnf hMnt JiilNn JId4 HddioodkveJ to P kitIO Gw arligSU Jiio da 0 s4yI lt6dJi 1 1 11 iO rn 1rilitbly 21 22clij 5 5dJIJ IS J5lby ib4no1 4ffil1 WElod 4111o1 1 Tuo 41241oD7 T rMonG111toi MofI 7iJWt11 Mic7JJO i07 Moo 13OJ01 MooHt Jl7 Mo Jl 4IilIIl Man3f10i03 l7JC 6Ima 2i a WGd1n9i OI a lli1 1 luo 11iQ TwM7ml kyilriuFroSaw I Y7i9 iOl V1 u1rN1 jtiUItI 7 jE ffl 413111 ai U 1CM 7NDt ThJ WJQl je WoIId6lU01 Ilmm JO07 friHIHilO1 Fd WJDi 1 TlJSllnlOl friSI30IGI fr 6NlOl TilJQ 1lf1a Tucit1fOi Tuo 7l8rol Worl W161O Wold 1J9W1 ewa 1H T1b ln 7lll MIT llI Yr vT TT A 1 61