HomeMy WebLinkAboutR-2012-019 Agreement with Briarcliff Realty, LLC for Project Management Services RESOLUTION NO. R-2012-019
A RESOLUTION AWARDING THE PROPOSAL FOR PROJECT MANAGEMENT SERVICES
TO BRIARCLIFF REALTY, LLC AND APPROVING EXECUTION OF A CONTRACT IN
CONNECTION WITH THE PROVISION OF SUCH SERVICES
WHEREAS, the City of Riverside, Missouri issued an invitation for requests for
proposals for project management services during the planning, design and construction phases
of the reconstruction of Mattox Road; and
WHEREAS, eight written proposals were received from vendors to provide such
services; and
WHEREAS, the purchasing policy adopted by the City provides for award of a proposal
to the most qualified respondent with due consideration given to the quality of previous
performance of the contractor as well as the quality of service for this particular use required;
and
WHEREAS, the Board of Aldermen find it is in the best interest of the City to approve the
proposal of Briarcliff Realty, LLC as the best proposal to provide project management services
for the reconstruction of Mattox Road;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
THAT the proposal of Briarcliff Realty, LLC for project management services of the
reconstruction of Mattox Road is hereby accepted; and
FURTHER THAT execution of an agreement with Briarcliff Realty, LLC to provide such
services in substantially the same form as Exhibit "A" attached hereto, is hereby authorized and
approved; and
FURTHER THAT the City Administrator, Mayor and/or Finance Director are hereby
authorized to execute all documents necessary to carry out the terms and conditions of such
proposal award and the City Clerk is authorized to attest thereto.
PASSED AND ADOPTED by the Board o Aldermen and APPROVED by the Mayor of
the City of Riverside, Missouri, the/��ay of , 2012.
�
yor Kathleen L. Rose
ATTEST: � APPRO S TO FORM:
�. � � � �� e - n.�,. ���. o � J � � —
Robin, Li rell, Cit Clerk �Nan h ps n, City Attorney
�
�'� Document C132'" - 2009
_
Standard Form of Agreement Beiween Owner and Construction Manager as
Adviser
� AGREEMENT made as of the day of in the year 2012
(/n words, indic�e day, month and year.) ADDI710NS AND DELETIONS:
The author of ihis document has
BEfWEEN the Owner. added information needed for its
(Name, legal statas, address and other informalion) completion. The author may also
have revised the teM of the original
I City of Riverside, Missouri AIA standartl form. An Additions and
2950 NW Vivion Road Deletions Report mat notes added
Riverside, Missouri 64150 information as well as revisions tothe
standard form te�d is available from
the author and should be reviewed. A
vertical line in the lefl margin of ihis
and the Construction Manager: document indicates wherethe autha
(Name, [egal s[atus, address and o[her information) has added necessary information
and where the au[hor has added to a
Northpoint Development, LLC deleted from the original AIA terz[.
1300 NW Briarcliff Parkway, Suite 250 This document has impMant legal
Kansas City, Missouri 64116 consequences. Consultation with an
Telephone Number. Telephone (816) 741-8540 attomey is encoureged wRh respect
Fax Number: Fax (816) 746-5138 to its completion or modification.
nathaniel@northpointkc.com This document is intended to be used
in conjundion with AIA Documents
for the following Project: A132TM-2009, Standard Form of
(Name, locafion ond detarled descripdon) Agreement eetween Owner and
Contractor, ConsVUClion Manager as
Mattox Road for City of Riverside Adviser Edition; A232TM-2oo9,
Mattox Road General CondRions of ihe Con[ract
ReconsWC[ion of Ma[tox Road from 4lst Street to Burlington Northem Righl of Way in tor Constmction, Constivction
the Horizons Development District and the expansion of the sanitary sewer collection Manager as Adviser Edition; and
system to service a new area for development within the Distric[ B132TM-2009, Standard Form of
_ Agreement Belween Owner and
The Architec[: ArchRect, Construction Manager as
(1Vame, legal status, address und other injormation) Addser Editlon.
AIA Documenl A232TM-2009 is
Olsson Associates, Inc. adopled in this document by
1251 NW BriarcliffParkway, Suite 50 reference. Do not use with other
Kansas Clly, Missouri general conditions unless ihis
Telephone Number. Telephone (8l6) 36 L 1 l77 document is motlified.
It is understood by the parties that the defined term "Architect" is for reference only and
does not imply that the Olsson Associates, Inc. is an architectural firm or a licensed
architect.
The Owner and ConsWc[ion Manager agree as follows.
�� AIA Docummt C132"'— 2009 4formetly B801TMCMa-189R�. Copyright 01973, 1980, 1992 and 2009 by The American Institute of ArchiteUs. All righls
roserved. WARNING: This AIA Document is protected by U.S. Copyright Lawand Internatioival Treaties. Unauthorized reproduclian ardisiribution of �
this AIA Documenq or any purtion of it, may iesull in severe civil and criminal penalties, and will he pmsecuted to the mazimum erztent possible under
� the law. This documenlwas produced by AIA soflware at 13:52:35 on 02/74/2�t2 under OrEer No.0342949863_1 which expires on 07/27/2012, aiM is notfor
resale.
Ilser NMes: (1347839086)
TABLE OF ARTICLES
1 INITIAL INFORMATION
2 CONSTRUCTION MANAGER'S RESPONSIBILITIES
3 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES
4 ADDITIONAL SERVICES
5 OWNER'S RESPONSIBILITIES
6 COST OF THE WORK
7 COPYRIGHTS AND LICENSES
8 CLAIMS AND DISPUTES
9 TERMINATION OR SUSPENSION
70 MISCELLANEOUS PROVISIONS
71 COMPENSATION
12 SPECIALTERMSANDCONDITIONS
13 SCOPE OF THE AGREEMENT
ARTICLE 7 INITIAL INFORMATION
§ 1.1 This Agreement is based on the Initial Information set forth in this Section I.I.
(Note the dispositron for the follawrng rtems by inserting the reques[ed information or a statemen[ such as "not
applicable," "unknown at 6me of execution" or "!o be determined later by mutua( agreement.')
§ 1.1.1 The Owner's program for [he Projec[:
(Identify documentation or state the manner in which the program wil[ 6e developed)
The Architect has prepared a Preliminary Engineering Report dated December 201 l, attached as Exhibit A and
incorporated by reference, which is a preliminary report outlining the Projed. The parties agee that after drawings
and specifications are closer to completion the Owner and the CM will work toge[her [o finalize a program for how the
Project will be developed. The Roject is a public works project and will be developed in accordance with Missouri
statutes governing public works projects.
� § 7.1.2 The ProjecPs physical characteris[ics:
(/dentify or describe, rjappropriate, size, location, dimensions, or other pertiuent informa[ion, such as geotechnica!
reports; srte, boundary and topographic surveys: tra�c and utrlery studies; marla6ility ojpub[ic and private utiUties
and services; legal description of the site; etc.)
� A preliminary description of [he Project is ou[lined in Exhibit A.
§ 1.1.3 The Owner's budget for [he Cost of the Work, as defined in Section 6.1:
(Provrde total and, if known, a lirre item breakdown.)
A preliminary budget for the Cas[ of Work is outlined in E�chibi[ A. The CM will provide an updated estima[ion ofthe
Cost of Work once the drawings and specification aze complete for the Project.
§ 1.7.4 The Owner's anticipated design and construc[ion schedule:
.1 Design phase milestone dates, if any:
� AIA Documant C732"' — 2009 4formedy 8801 "'CMa —1997�. Copydghl01973, 1980, 7992 end 2009 by The Amencen InsliNte of ArchitecLS. All righta
reserved. WARNING This AIA � �ocument is pmtected by U.S. Copyright Law and International Treaties. Unauthorized reproduction ordisiribution of 2
th�s AIA � Document, or any portion of it. may � esult in severe civil and criminal penalties, and wiil be prosecuted to the maximum extent possible under
� tha law. This documeniwas produced by AIA software at 13:52:35 on 02/14/2012 under Order No.0342949863_7 which e�ires on 07Y17/2012, aiM is notfor
resale.
User NMee: (1347839086)
I To be dMermined.
.2 Commencement oFwnsWction:
I To be determined.
.3 Substantial Comple[ion date or milestone dates:
I To be determined.
.4 Other.
§ 1.1.5 The Owna in[ends ihe following prceurement method for the Project
(/dentify method such as competitive bid, negotiated Contract or mu[tip[e Prime Con[racts.)
� Competitive Bid in wnformance with the laws of the State of Missouri
§ 1.1.6'll�e Owner's requirements for accelerated or fast-track scheduling multiple bid packages, or phased
construction are set forth below:
(List number and type ojbid/procuremen! packages.)
I To be determined.
§ 1.1.7 Other Project information:
(/dentify specral characteris[ics or needs of[he Project not provided elsewhere, such ar errvironmentally responsible
design or hisloric preserva[ion reguiremen[s.)
� Public works projec[ .
§ 1.1.8'Ihe Owner identifies the following representative in acwrdance wi[h Sec[ion 5.5:
(List name, address and other irrjormation)
I David Blackbum
City Administrator
City of Riverside
2950 N.W. Vivion Road • Riverside, MO 64150
Phone:(816) 741-3993
Fax:(816)746-8349
� Direct: (816) 372-9007
ca(driversidemo.com
�
§ 7.7.9 The persons or entities, in addi[ion to the Owner's representative, who are required to review the Construction
Manager's submittals to the Owner are as follows:
(Lis[ name, address and other informa[ion)
� AIA Document C712"'— 3009 �fo�medy Be01TMCMa-1992). Copynghl01973, 1880, 1992 and 2009 by The American InstiWte MArchi�eds. All dghq
reaervetl. WARNING: This AIA � Document is protected by U.5 Copynght Law and Internatiunal Trealies. Unauthorized reproduction or disirihution o( 3
this AIA Document, or any portion of it, may result in s¢vere civil and criminal penalties, and �r+ill be prosecutedto themazimum eatent possible under
� the law. This documentwas produce0 by AIA software at 13:52:35 on 02/ib/20�2 under OMer No.0342949863_7 which e�iras an 07/27/2072, and is no�for
resale.
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§ 1.1.10 Unless provided by the Constrvction Manager, [he Owner will retain the following consul[ants and
contracWrs:
(List name, legal status, address and other injormation)
.7 Land Surveyor:
I To be determined.
.2 Geotechnical Engineec
I To be determined.
.3 Civil Engneer.
I To be determined.
A Other:
(List arry other consultants retained by the Owner, such as a Projecl or Program Manager, or
constrac[ion contractor.)
� To be determined.
§ 7.7.17 The ConsWc[ion Manager identifies the following representa[ive in accordance with Section 2.4:
(List name, address ara! other irrformatioa)
Nathaniel Hagedorn
1300 NW BriarcliffParkway, Suite 250
Kansas City, Missouri 64116
Telephone Number: (816) 741-8540
nathaniel @northpointkc.com
§ 7.1.72 The Construction Manager's staffing plan as required under Section 33.2 shall include:
(List any spec�c requiremen[s and personnel !o be irrcfuded in the stafftng p(nn, ijknown.)
I The Construc[ion Manager's staffing plan is attached as E�ibit B and incorporated herein by reference.
§ 1.1.13 The ConsWc[ion Manager's consultants retained under Basic Services, if any:
.1 Cos[ Es[ima[or:
(List name, lega! status, address and other injormation.J
Chris Williams. Vice President- Development
NorthPoint Development
1300 NW Briarcliff Parkway
Kansas City, Missouri 64l 16
� AIA Document C112"'— R009 �formerly 8801 "'CMa— 799Y�. Copyrighl01973, 1980, 1992 end 2009 by The Amencan InsliWte dArchilecis. All righb
reservatl. WARNING: This AIA �ocument is pmlectetl hy LL5. Copyright Lawand International Treaties. Unauthorized reproduction ordisiribution o( 4
[his AIA �� Document, or any portion of it, may iesult in severe civil and criminal penalties, and �vill be prosewted tothe maximum extent possible untler
� the law. This dowmenl was produced by AIA soflware at 13:52:35 on 02/14/2012 under Order No.0342949863_7 which expires on 07/27/2012, and is not for
resale.
UserNOtes: (1347839086)
.2 Ofher wnsultants:
Special Inspections
Olsson Associates, lnc.
§ 1.1.14 The Construdion Manager's consultants retained under Additional Services:
I To be determined.
§ 7.1.15 Other Initial Informa[ion on which the Agreement is based:
I To be determined.
§ 7.2 The Owner and ConsWction Manager may rely on the Initial Information. Both parties, however, recognize that
such information may materially change and, in tha[ event, the Owner and the Construction Manager shall
appropriately adjust the schedules, the Construction Manager's services and the Construction Manager's
compensation.
ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILfTIES
§ 2.1 'Ihe Construction Manager shall provide [he services as set forth in this Agreement.
§ 2.2'[he Construction Manager shall perform i[s services consistent with the skill and care ordinarity provided by
construction managers practicing in the same or similar locality under the same or similar circumstances. The
ConsWction Manager shall puform its services as expeditiously as is consistent with such skill and care and the
orderly progress of the Projec[. In addition [o the services set forth in Articles 2, 3, and 4, the Construction Manager
shall perform any other CM services that normal ly or ws[omarily fumished and necessary for the Project as part of the
Basic Semces.
§ 2.3 The ConsWdion Manager shall provide its services in wnjundion with ihe services ofan Architect as described
in AIA Document B132'TM-2009, Standard Form of Agreement Between Owner and Architect, Construdion Manager
as Adviser Edidon. The Construction Manager shall not be responsible for ac[ions taken by the Architec[.
§ 2.4'Ihe ConsWCtion Manager shall iden[ify a representative authorized to ac[ on behalf of the Construc[ion
Manager with respect to fhe Project.
§ 2.5 Except with the Owner's Imowledge and consent, the ConsWction Manager shall not engage in any adivity, or
accept any employment, interest or contribu[ion that would reasonably appear to compromise the Construc[ion
Manager's judgnent with respect to this Project.
§ 2.6 The ConsWction Manager shall maintain the following insurance for the duration of ihis Agreement. If any of
fhe requirements se[ forth below exceed the types and limits the ConsVUCtion Manager normally main[ains, the Owner
shall reimburse the Construction Manager for any additional wst.
§ 2.6.7 Comprehensive General Liability with policy limits of not less than One Million Dollars ($ 1,000,000 ) for
each occuaence and Two Million Dollars ($2,OOQ000) in the aggegate for bodily injury and property damage.
§ 2.6.2 Automobile Liability covering owned and rented vehicles operated by the Cons[ruction Manager with policy
limits of not less [han One Million Dollars ($ 1,000,000 ) combined single limit and aggregate for bodily injury and
property damage.
§ 2.6.3'Ihe ConsWction Manager shall carry umbrella or excess liability insurance of not less than One Million
Dollars ($1,000,000) per claim and in aggregate, in excess of the Employer's Liability, Automobile Liability, and
Commercial General Liabiliry�.
AIA Doeummt C132"'— Y009 Tormerly 8801"'CMa— 7997�. Copyright m 7973, 1980, 1992 and 2009 by The Amencen InstiWle dArchilecfs. All rlghts
�� reserved. WARNING: This NA� Dncument is pmtected 6y U.S. Copyright Law and Internalional Treaties. Unau[horized reproduction or dislribution o( 5
this AIA Documenl, orany portion of it, may �esult in severe civil and criminal pen.dties, anA will6e prosecuted tothe mazimum eatent possible under
� the law. This dowmenlwas proOuced by AIA sottware al 73:52:35 on 02A1@012 under Order No.0342949863_7 which expires on 07@7/2072, and is noltar
resale.
User NMes: (� 347839086)
§ 2.6.4 Workers' Compensation at statutory limits and Employers Liability with a policy limit of not less fhan One
Million Dollazs_ ($ 1,000,000 ).
§ 2.6.5 Rofessional Liability covering the ConsWdion Manager's negligent acts, errors and omissions in its
performance of services wi[h policy limits of not less than One Million Dollars ($ 1,OOQ000 ) per c�aim and Two
Million Dollazs ($2,000,000) in the aggegate. Construction Manager dces no[ currently have Professional Liability
insurance but shall have coverage in the amounts stated above on or before March l, 2012.
§ 2.6.6 The Construdion Manager shal I provide to the Owner certifica[es of insurance evidencing compliance wi[h fhe
requirements in this Section 2.6. The certificates will show the Owner as an additional insured on the Comprehensive
General Liabiliry, Automobile Liability, umbrella or excess policies. This Agreement shall not be effective until the
Construction Manager provides the Ownerwith certificates of insurance evidencing compliance with the requiremen[s
ofthis Sedion 2.6.
ARTICLE 3 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES
§ 3.1 Definifion
The Construdion Manager's Basic Services consist of those described in Sections 3.2 and 33 and include usual and
customary construction coordination and scheduling, consWctability review, wst estima[ing, and allocation of
construction ac[ivities among the Multiple Prime Contractors.
§ 3.2 Preconstruction Phase
§ 3.2.1 The Construction Manager shall review the program fumished by the (hvner and any evalua[ion of the
Owner's progam provided by the Architect, to ascertain the requirements of the Projec[ and shall amive at a mutual
understanding of such requiremenLs with [he Owuer and Architect.
§ 3.2.2 The Construc[ion Manager shall provide a preliminary evaluation ofthe Owner's progam, schedule and
wnsWction budget requirements, each in terms of the other.
§ 3.2.3'Ihe ConsWC[ion Manager shall prepare, and deliver to the Owna, a written Construction Management Plan
that includes, at a minimum, the following. (1) preliminary evaluations required in Section 3.2.2, (2) a Projec[
schedule, (3) cost estimates, (4) recommendations for Projec[ delivery me[hod, and (5) ConUactors' scopes of Work, if
multiple Contractors or fast-track construc[ion will be used. The Construction Manager shall periodically update the
Construction Management Plan over the course of the Roject.
§ 3.2.4 Based on preliminary design and o[her design cri[eria prepared by [he Architect, the ConsWc[ion Manager
shall prepare preliminary estimates ofthe Cos[ ofthe Work or the cost of program requirements using area, volume or
similar wnceptual estimating techniques for the ArchitecPs review and OwnePs approval. If the Architec[ suggests
altemative materials and systems, the Construction Manager shal I prwide wst evaluations of thase alternative
materials and systems and may also provide its own suggestions.
§ 3.2.511�e ConsWction Manager shall expeditiously review design documents during their development and advise
the Owner and Architect on proposed site use and improvemen[s, selection of materials, and building sys[ems and
equipmen[. The Construction Manager shall also provide recommendations to the Owner and Architect on
constructability, availability of materials and labor, sequencing for phased consWCtion, time requiremen[s for
procurement, installation and construc[ion, and factors related [o wnstruc[ion cost including, but not limited to, costs
of altemative designs a materials, preliminary budgets, life-cycle data, and possible cost reduc[ions.
§ 3.2.6 The ConsWdion Manager shall prepare and periodically update the Project schedule included in the
Construction Management Plan for the Architect's review and the Owner's accep[ance. The Construdion Manager
shall obtain the Arohitec['s approval fur the portion of the Projed schedule rela[ing to the performance of the
ArchitecPs services. The Project schedule shall coordinate and in[egrate [he Conswction Manager's services, the
ArchitecPs services, other Owner consultants' services, and the Owner's responsibilities and highlight items that
could affect the Project's timely completion.
§ 3.2.7 As the Archi[ec[ progesses wi[h the prepara[ion of [he Schematic Desig�, Design Development and
ConsUuc[ion Documen[s, [he ConsWMion Manager shall prepare and update, a[ appropria[e intervals ageed to by the
Owner, Construction Manager and Architect, estimates of the Cost of the Work of inaeasing detail and refinement.
Init aADOCUmantClJ2"'—YOW�formertyB807"'CMa-7991�.Capyright01973,1980,1992anE2009byTheAmencanlns6WteotArchi4ecLa.Alldghb
reaerved. WARNING This AIA Oocument is protectetl by LLS. CapyrigM Law and International Treaties. Unauthorized reproduction ortlislribution of s
lhis AIA Document, or any portion olit, may result in severe civil and criminal penalties, and vvill be prosecuted to the maximum extentpossible under
� the law. This dowmentwas produced by AIA software at 73:52:35 on a2/14/2012 under ONer No.O%2949863_7 which e�ires on 07/27/2012, and is notfor
resale.
UaerNMea: (13478390B6)
The ConsWCtion Manager shall include appropriate wntingencies for design, bidding or nego[iating, price escalation,
and market conditions in the estima[es of the Cost of the Work. Such estima[es shall be provided for the Archi[ec['s
review and the Owner's approval. The ConsWction Manag� shall advise the Owner and Architect if it appears that
the Cast of the Work may exceed [he Owner's budget and make recommendations for corrective action.
§ 3.2.8 As the Archi[ect progresses with the preparation of the Schematic Design, Design Development and
Constrvction Documents, the Construction Manager shall consul[ with the Owner and Architec[ and make
recommendations whenever fhe Construction Manager determines that design details adversely affect
constructability, wst or schedules.
§ 3.2.91t�e ConsWCtion Manager shall provide recommendations and information to the Owner and Architect
regarding the assignment of responsibili[ies for temporary Project facilities and equipmeny materials and services for
wmmon use of the Contractors. The Construction Manager shall verify that such requirements and assignment of
responsibilities are included in the proposed Contract Documents.
§ 3.2.70 The ConsWdion Manager shall provide recommendations and informa[ion [o the Owner regarding the
allocation of responsibilities for safety programs among the Contractors.
§ 3.2.71 The ConsWCtion Manager shall provide recommendations to the Owner on the division of the Projec[ into
individual Contracts for the consWction of various categories of Work, including fhe method to be used for selecting
Contrac[ors and awarding Contracts. If multiple Contracts are to be awarded, the Construdion Manager shall review
the Drawings and Specifications and make recommendations as required to provide that Q) the Work ofthe
Contractors is coordinated, (2) all requiremen[s for the Projec[ are assigned to [he appropria[e Contrac[, (3) the
likelihood of jurisdictional disputes is minimized, and (4) proper coordina[ion is provided for phased construc[ion.
§ 3.2.12 The ConsWC[ion Manager shall update [he Projec[ schedule to include the wmponents of the Work,
including phasing of consWction, times of commencement and completion required of each Contractor, ordering and
delivery of products, including [hose that must be ordered wel l in advance of construdion, and the occupancy
requ'vements of the Owuer.
§ 3.2.13'Ihe Construction Manager shall expedite and coordinate the ordering and delivery of materials, including
those that must be ordered well in advance of construction. The ConsWdion Manager shall not be responsible for the
ordering ofmaterials and such responsibility shall be with the general contractor(s) and subcontractors for the Project.
§ 3.2.14 The Construc[ion Manager shall assist the Owner in selecting, retaining and coordinating fhe professional
services of surveyors, special wnsultants and testing laboratories required for fhe Projec[.
§ 3.2.75 The Construction Manager shall provide an analysis of the types and quantities of labor required for the
Project and review the availability of appropriate categories of labor required for critical phases.'Ihe ConsWC[ion
Manager shall make recommendations for actions designed to minimize adverse effects of labor shortages.
§ 3.2.16 The ConsWCtion Manager shall assist the Owner in obtaining informution regarding applicable requirements
for equal employment opportunity programs, and other programs as may be required by govemmental and for quasi
govemmental authorities for inclusion in the ConVac[ Dceuments.
§ 3.2.77 Following [he Owner's approval of the Drawings and Specifica[ions, the ConsWCtion Manager shall upda[e
and submit the latest estimate of the Cost of the Work and the Project schedule for ihe Architect's review and the
Owner's approval.
§ 3.2.78 The Construction Manager shall submit the list of prospective bidders for ihe Architect's review and the
Owner's approval.
§ 3.2.19 The Cons[ruction Manager shall develop bidders' interest in the Projec[ and establish bidding schedules. The
Construction Manager, with the assistance of the Architect, shall issue bidding documents to bidders and conduct
pre-bid conferences with prospective bidders. The Construction Manager shall issue the current Project schedule with
� AIA Documant C1�2°— 2009 4formerly B801TMCMa— 7994�. Copyright m 7973, 1980, 1992 anO 2009 by The Amenran InstiWle of ArchilecLS. All righh
reaerved. WARNING: This AIA � Oucument is protected by U.S. Copyright Law and Internation,il Trea[ies.11nauthorized reproduction ortlisiribution af 7
Ihis AIA' Documenl, orany pnrtio�� of it, may resWt in severe civil and criminal pen:dties, 2nd viill be prosecuted tothe manimum extentpossible under
� the law. This dowmentwas praduced by AIA so(lware at 13:52:35 on 02/14/2012 under Order No.0342949863_7 which e>pires on 0727/2012, antl is notfor
resale.
UserNotee: (1347839086)
each se[ of bidding dceuments. The Construction Manager shall assist the Architec[ with regard to questions from
bidders and wi[h the issuance of addenda.
§ 3.2.20 The Conswc[ion Manager shall receive bids, prepare bid analyses and make recommendations to the Owner
for the Owner's award of Contracts or rejec[ion of bids.
§ 3.2.21 The Cons[ruccion Manager shall assist the Owner in preparing ConsLVCtion Contracts and advise the Owner
on the acceptability of Subcontradors and material suppliers proposed by Multiple Prime Contrac[ors.
§ 3.2.22 The Construction Manager shall assis[ the Owner in obtaining building permits and special permifs for
permanent improvemenis, except for permi[s required to be obtained directly by the various Multiple Prime
Contractors. The Construdion Manager shall verify ihat ihe Owner has paid applicable fees and assessments. The
Construction Manager shall assist the Owner and Architect in wnnec[ion with the Owner's responsibility for filing
dowments required for the approvals ofgovemmental authorities havingjurisdiction over the ProjecL Construction
Manager shall ens�ue and verify that any Contrador providing construction service on the Projec[ shall provide a
performance and payment bond in wnformance with Section I07.17Q RSMo in such amount as determined necessary
by the Owner.
§ 3.2.23 The Construction Manager shall provide to the Owner a staffing plan and schedule for activi[ies associated
with the Preconstruction Phase Administration of the Construc[ion Contrac[.
§ 3.3ConsWction Phase Administrafion of the ConsWction Contract
§ 3.3.1 Subject to Sedion 43, the Construction Manager's responsibility to provide Construc[ion Phase Services
commences with the award of [he initial Contrad for ConsWCtion and [erminates on the date the Architect issues the
final Certificate for Payment and the Owner has accepted the Project.
I § 3.3.2 The Construdion Manager shall provide a staffing plan to include one or more representatives who shall be in
a[tendance at the Project site whenever the Work is being performed. The Construction Manager shall maintain a
daily presence on the Project site during the Construction Phase to fulfill its obligations to the Owner [o coordinate the
Work.
§ 3.3.3'Ihe ConsWction Manager shall provide on-site adminisVation of the Contracts for ConsWC[ion in
cooperation with the Architect as set forth below and in AIA Document A232T"�2009, General Conditions of [he
Contract for Construdion, Construction Manager as Adviser Edition. If fhe Owner and Contractor modify AIA
Document A232-2009, those modifications shall not affect the Construdion Manager's services under this
Agreement unless the Owner and the Construction Manager amend this Ageement.
§ 3.3.4 The Construction Manager shall provide administrative, management and rela[ed services to coordinate
scheduled activities and responsibilities of the Multiple Rime Confractors with each other and with those of the
Construc[ion Manager, [he Owner and the Architect. The ConsWc[ion Manager shall coordinate ihe adivi[ies of the
Multiple Prime Contractors in accordance with the latest approved Project schedule and the Contract Documents.
§ 3.3.5 Utilizing the consWction schedules provideA by the Multiple Prime Contractors, the Construction Manager
shal I update the Project schedule, incorporating the activities of the Owner, Architec[, and Multiple Prime Contrac[ors
on the Project, including activity sequences and durations, alloca[ion of labor and materials, processing of Shop
Dtawings, Roduct Data and Samples, and delivery and procurement of products, including those tha[ must be ord�ed
well in advance of construction. The Project schedule shall include the Owner's occupancy requirements showing
portions of the Project having occupancy priority. The ConsWction Manager shall update and reissue the Project
schedule as required to show current conditions. If an update indica[es that [he previously approved Projec[ schedule
may not be met, the Construc[ion Manager shall recommend corrective action, if ang to the Owner and Architect.
§ 3.3.6 The Construc[ion Manager shall schedule and conduct meetings as needed to discuss such matters as
procedures, progress, coordina[ion, and scheduling of the Work. The Construction Manager and/or the Contractor
shall prepare and promp[ty distribute minutes to [he Owner, Archi[ect and Multiple Prime Contractors; however, the
Construction Manager is ul[imately responsible for the prepara[ion
��� AIA Dxumant C732TM — 7009 �formerty 8807 TMCMa —1997�. Copyright � 7973, 1980, 1992 and 2009 by The American InstiWte W Architecfs. All rlghd
roservs0. WARIJMG This AIA' Document is pmtectetl 6y U.S. CopYright Law antl lntemational Treaties. Unauthorized reproduction or distribulion of $
this AIA" Oocument, or any portim� uf i[, may result in severe civil and criminal penalties, and voill be prosecuted tothe maximum exlent possi6le under
� tho law. This dowmentwas produced byAlA soM1ware et 13:52:35 on 02/14/2012 under Order No.03129498fi3_7 which e�ires on 07Y17/2072, and is nol(or
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§ 3.3.7 Utilizing information from the Multiple Prime Contractors, the Cons[ruc[ion Manager shall schedule and
coordinate the sequence of construdion and assignmen[ of space in areas where the Multiple Prime Contractors aze
performing Work, in accordance with the Contrac[ Documents and the lates[ approved Project schedule.
§ 3.3.8 The Construction Manager shall schedule all tests and inspections required by the Contract Documents or
governmental authorities, and arrange for the delivery of test and inspection reports to the Owner and Architect.
§ 3.3.9 The Construdion Manager shall endeavor to obtain sa[isfadory performance from each of ihe Multiple Rime
Con[ractors.'ihe ConsWCtion Manager shall recommend courses of action to the Owner when requirements of a
Contract are not being fulfilled.
§ 3.3.10 The ConsWCtion Manager shall monitor and evaluate actual costs for activities in progress and estimates for
unwmple[ed tasks and advise the Owner and Architect as to variances be[ween actual and budge[ed or estima[ed
costs. If the Contractor is required to submit a Control Estimate, fhe ConsWction Manager shal I meet with the Owner
and Contractor to review the Control Estimate.'Ihe ConsWction Manager shal I promptly notify the Contrador if there
are any inconsistencies or inaccuracies in the information presented. The ConsWCtion Manager shall also report the
Contractor's cos[ control informatian to the Owner.
§ 3.3.71 The ConsWCtion Manager shall develop cons[ruction budget estimates, forecasts for the project, and Vack
projec[ progress against the construc[ion budget.
§ 3.3.12 The Construction Manager shall main[ain accounting records on authorized Work performed under unit costs,
additional Work performed on the basis of actual costs of labor and materials, and other Work requiring accounting
records.
§ 3.3.12.7 The Conscrudion Manager shall develop and implemen[ procedures for the review and processing of
Applications for Payment by Multiple Prime Contractors for progress and final payments.
§ 3.3.12.2 Not more frequently than mon[hly, the ConsWction Manager shall review and certify the amounts due the
respective ConUac[ors as follows:
.1 Where there is only one Contractor responsible for performing the Work, the ConsWction Manager
shall, within seven days after the Construdion Manager receives the Contrac[or's Application for
Payment, review [he Application, certify the amowt the Construction Manager determines is due [he
ConVactor, a�id forward the Contraclor's Application and Certificate for Payment to the Architect.
.2 Where there are Multiple Prime Contractors responsible for performing different por[ions of the
Project, the ConsGuction Manager shall, within seven days after the ConsWCtion Manager receives
each Contractor's Application for Payment Q) review [he Applications and certify the amount the
Construction Manager det�mines is due each Con[ractor, (2) prepare a Swnmary of ConGac[ors'
Applications for Payment by summarizing information from each Contractor's Application for
Payment, (3) prepare a Projec[ Applica[ion and Certificate for Payment, (4) certify the total amount the
Construction Manager det�mines is due all Multiple Prime Contractors collectively, and (5) forward
the Summary of Con[ractors' Applications for Payment and Project Applica[ion and Cer[ificate for
Payment [o the Architec[.
§ 3.3.12.3 The Construction Manager's certification for payment shall constitute a representation to the Owner, based
on the ConsWction Manager's evaluations of the Work and on the data comprising the Conhactors' Applications for
Payment, that, to the best of the Construction Manager's Imowledge, 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 subjec[ to an evaluation of the Work for conformance with the Contrac[ Documents upon
Substantial Comple[ion, to resul[s of subsequent [esks and inspections, to correc[ion of minor deviafions from the
Contract Documents prior [o completion and to specific qualifications expressed by [he Constrvction Managec The
issuance of a Certificate for Payment shall further constitute a recommendation to [he Archited and Owner that the
Contrac[or be paid the amount certified.
§ 3.3.12.4 The certification of an Application for Payment or a Project Application for Payment by the ConsWdion
Manager shall not be a representadon that the Construction Manager has (1) made e�chaustive or con[inuous on-site
inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques,
� AIA Dacument C733"' — 7009 4fom�e�ly B807TMCMa-1997�. Copynght � 1973, 7980, 1992 and 2009 by The Amencan InstiWte of Architects. All righfa
reserved. WARNING Tl�is NA' Document is protected by U.S. Copyright Law and International Treaties. Unaulhorized reproduction ordistribution o( 9
this AIA'� Document, or any portion of it, may �esWtin severe civil and criminal penal[ies, and will be prosewted to the maximum extent possible untler
� Ihe law. This documentwas produceE by AIA software at 13:52:35 on 02/14/2012 under Order No.0342949863_7 which e�ires on 07/27/2012, and is notfor
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sequences for the Contractor's own Work, or procedures; (3) reviewed copies of requisitions received from
Subcontractors and material suppliers and other data requested by the Owner to substantiate fhe Contractor's right to
payment; or (4) ascertained how or for what purpose the Contrador has used money previously paid on accoun[ ofthe
Contract Sum.
§ 3.3.13 The Construction Manager shall review the safety programs developed by each of the Multiple Prime
Contractors solely and exclusively for pwposes of coordinating the safety programs with those of the other
Contractors and for making recommendations to the Owner for any safety programs not included in the Work of the
Multiple Prime Contractors.l7�e Construction Manager's responsibilities for ccwrdination ofsafety programs shall not
extend to direct control over or charge of the acts or omissions of the Contractor, Multiple Prime Contractors,
Subcontradors, agents or employees of the Contractors or Mul[iple Prime Con[ractors or SubconVactors, or any other
persons performing portions of the Work and not directty employed by the Construdion Manager.
§ 3.3.14 The Construdion Manager shall determine in general that the Work of each Con[ractor is being performed in
accordance with the requirements of the Contrad Dowmen[s and notify the Owner, Contrac[or and Architec[ of
defects and deficiencies in the Work. The Cons[ruction Manager shall have the authority [o reject Work that dces not
conform to ihe Contract Documents and shall notify the Architect abou[ the rejec[ion. The Failure of the ConsWCtion
Managa to rejec[ Work shall not constitute the accep[ance of the Work. The Construc[ion Manager shall rewrd any
rejec[ion of Work in its daily log and include information regarding the rejected Work in its progress reports to the
Architect and Owner pursuant to Sec[ion 33.20.1. Upon written authoriza[ion from the Owner, the ConsWction
Manager may require and make arrangements for addi[ional inspection or testing of the Work in acwrdance with the
provisions of the Contrac[ Documents, whether or not such Work is fabricated, installed or completed, and the
Construction Manager shall give timely notice to the Architect of when and where the tests and inspections are to be
made so that the Archited may be present for such procedures.
§ 3.3.15 The Construction Manager shall advise and consult with ihe Owner and Architec[ during the performance of
i[s Construdion Phase Services. The Construction Manager shall have authority to act on behalf ofthe Owner only to
the extent provided in this Agreement. The ConsWCtion Manager shall not have control over, charge of, or
responsibiliry for the construction means, methods, techniques, sequences or procedures, or for safety precautions and
programs in connedion with the Work of each of the ConUac[ors, since these are solely the Contractor's rights and
responsibili[ies under the Contract Documents. The Construdion Manager shall not be responsible for a Contractor's
failure to perform the Work in acwrdance with the requirements of the Contract Dceuments. The ConsWction
Manager shall be responsible for the Construc[ion Manager's negligent acts or omissions, but shall not have control
over or charge of, and shall not be responsible for, ac[s or omissions of the ConVactor or Multiple Prime Contractors,
Subcontractors, or their agents or employees, or any other persons or any other persons or en[i[ies performing portions
of the Work.
§ 3.3.76 The ConsWCtion Manager shall transmit to the Architect reques[s for interpretations and requests for
information of the meaning and intent ofthe Drawings and Specifications wi[h its writ[en recommendation, and assis[
in the resolution of questions that may arise.
§ 3.3.17'Ihe Construction Manager shall review requests for changes, assist in nego[iating Contractors' proposals,
submit recommendations to the Architect and Owner, and, if they are accep[ed, prepare Change Orders and
Construction Change Directives that inwrporate fhe ArchitecPs modifications to the Contract Documents.
§ 3.3.78 The Construc[ion Manager shall assist the Ini[ial Decision Maker in [he review, evalua[ion and
documentation of Claims, subjed to Sec[ion 43.1.7.
§ 3.3.19 Utilizing the submittal schedules prwided by each Contractor, the Construc[ion Manager shall prepare, and
revise as necessary, a Project submittal schedule inwrporating informa[ion from the Owna, Owner's consultants,
Owner's separate contradors and vendors, govemmental agencies, and all other participants in the Project under [he
management of the Construction Manager. The Project submittal schedule and any revisions shall be submitted [o the
Architect for approval. The Cons[rudion Manager shall promptly review and coordinate all Shop Drawings, Produd
Da[a, Samples and other submittals from the Mul[iple Prime Contractors for compliance with the submittal
requiremen[s of the Contract, coordinate submittals with information contained in related documents, and transmit to
the Architect. The Construction Manager's actions shall be taken in accordance with the Projed submittal schedule
approved by the Architect, or in the absence of an approved Project submittal schedule, with such reasonable
� AIA Docummt C732"'— 2009 �formedy B801TMCMa-1991). Copynghl O 1 W3, 1980, 1992 and 2009 by The American InstiWte of Architecis. All dghb
�eaerved. WARNING This AIP� Document is Pmtecled by LLS. Copyright Law and International Trealies. Unauthonzed repmduction or distribution af ��
this AIA � Documenq orany portion ot it, rnay i esvlt in severe oivil and criminal penalties, and �mill be pmseculedto lhe maximum eztent possible under
� the law. This doamenlwas produced by AIA software at'13:52:35 on 02/14/2012 under Order No.O%2949863_7 which e�ires on 07/27/2012, and is notfor
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I promptness as to cause no delay in the Work or in the ac[ivities of the Con7ac[or, other Multiple Prime Contracrors,
the Owner, or the Archi[ect. The parties understand fhat fhe ConsWdion Manager is not an architect a an en�neer
and that the review by [he Construccion Manager ofsuch submittals is for coordina[ion purposes only and notto ensure
that such submittals are in accordance with any appropria[e building code or specification.
§ 3.3.2017�e ConsVUCtion Manager shall keep a daily log containing a record of weather, each Contractor's Work on
the site, number of workers, identification of equipment, Work accomplished, problems encountered, and other
similar relevant data as the Owner may require.
§ 3.3.20.1 The Cons[rudion Manager shall record the progress of [he Projec[. On a monthly basis, or otherwise as
agreed [o by the Owner, the ConsWction Manager shall submit written progress reports to the Owner and Architect,
showing percentages of completion and other information identified below:
.1 Work completed for the period;
.2 Projec[ schedule status;
.3 Submit[al schedule and status report, including a summary of remaining and outstanding submittals;
.4 Request for informa[ion, Change Order, and ConsWc[ion Change Directive status reports;
.5 Tests and inspec[ion reports;
.6 Status report of nonconforming and rejected Work;
.7 Daily logs;
.8 Summary of all Multiple Prime Contradors' Applications for Paymen[;
.9 Cumulative total of [he Cast of the Work to date including [he ConsWction Manager's compensa[ion
and reimbursable expenses at thejob site, if any;
.10 Cash-flow and forecast reports; and
.11 Any other items the Owner may require:
§ 3.3.20.2 In addi[ion, for Projects constructed on the basis of [he Cost of the Work, the ConsWction Manager shall
include the following additional information in its progress reporks:
.7 Contractor's work force report;
.2 Equipment utilization repor[;
.3 Cost summary, comparing actual costs to updated cast estimates; and
.4 My other items as the Owner may require:
§ 3.3.21 Utilizing the documents provided by the Contractor, the Construction Manager shall maintain at the site, its
principal office, or on a website accessible to Architect, Owner, and Contractor, one copy of all Contracts, Drawings,
Specifications, addenda, Change Orders and otha Modifications, in good order and marked currently to record all
changes and selections made during consWCtion, and in addition, approved Shop Drawings, Produc[ Data, Samples
and similar required submittals. The Construction Manager shall maintain records, in duplicate, of principal building
layout lines, elevations of the bottom uf footings, floor levels and key site elevations certified by a qualified surveyor
or professional engineec The Construction Manager shall make all such records available to the Architect and the
Con[ractor, and upon completion of the Project, shall deliver them in hard copy [o the Owner.
§ 3.3.22'Ihe Construc[ion Manager shall arrange for the delivery, storage, protection and security of
Owner-purchased materials, systems and equipment that are a part of fhe Project until such items are incorporated into
the Work.
§ 3.3.23 Wi[h the Architect and the Owner's maintenance personnel, the ConsUuction Manager shall observe the
Contractor's a Mul[iple Prime Contractors' final testing and start-up of utilities, operational systems and equipment
and observe any commissioning as the ConUac[ Documenis may require.
§ 3.3.24 When the Construction Manager considers each Contractor's Work or a designa[ed portion thereof is
substan[ially complete, [he Construcdon Manager shall, jointly with the Contrac[or, the Architect, or the rngineer of
record, prepare for the Architect a list of incomplete or unsatisfactory items and a schedule for their completion. The
� AIA Document C1 S2"' —1009 �fo�merly 8807 TMCMa— 7992). Copyright � 1973, 7980, 1992 and 2409 by The American InstiWte of Architects. All rlghfs
reserved. WARNING This AIA' Document is pmtected by IJ.S. Copyright Law and Inlematiuwl Treaties. Unauthorized reproduction or distnbulion of 11
this AIA`� Document, or any portion of it, may resWtin severe civil and cnminal penalties, and evill be prosecuted tothe maximum extentpossible under
� the law. This dowment was producetl by AIA software at 13:5235 on 02/'14@012 under Ortltt No.0342949863_7 which e�ires on 07/27/2072, end is nol /or
resale. 13478390%)
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Construction Manager shall assist the Architect in conduding inspections to detertnine whether the Work or
designated portion thereof is substantially complete.
§ 3.3.25 When the Work or designated portion thereof is subs[antially complete, the Construction Manager shall
prepare, and the ConsWction Manager and Architect shall eacewte, a Certificate of Substantial Completion. The
Construction Manager shall submit the executed Certificate to the Owner and Contrac[or. The Construc[ion Manager
shall coordinate the correction and completion of the Work. Following issuance of a Certificate of Substan[ial
Comple[ion of the Work or a designated portion thereof, the Construction Manager shall evaluate the comple[ion of
the Work of the ConVactor or Mul[iple Prime Contractors and make recommendations to the Architect when Work is
ready for final inspectioa'Ihe Construction Manager shall assist [he Architect in conducting final inspedions.
§ 3.3.26 The Construc[ion Manager shall fonvard to the Owner, with a copy to the Architect, [he following
information received from fhe Contractor or Multiple Prime Con[ractors: (1) certificates of insurance received from
the Contractor or Multiple Rime Contractors; (2) consrn[ of surety or sweties, ifany, to reduc[ion in or partial release
of retainage or the making of final payment (3) affidavits, receip[s, releases and waivers of liens or bonds
indemnifying the Owner against liens; and (4) any other documenta[ion required of the Contractor under fhe Contrad
Documents, including warranties and similar submittals.
§ 3.3.2711�e Construc[ion Manager shall deliver all keys, manuals, record drawings and maintenance stceks to the
Owner.l7�e Construction Manager shall forward to the Architect a final Project Application for Payment and Project
Certificate for Payment or final Applica[ion for Payment and final Certifica[e for Payment upon the Contractor's
compliance with the requirements of the Contract Documents. .
§ 3.3.28 Duties, responsibilities and limifations of authority of the Construction Manager as se[ forth in the Contract
Documen[s shall no[ be restricted, modified or extended without wri[ten wnsent ofthe Owuer, Construction Manager,
Architect, Contrac[or and Multiple Prime Contractors. Consent shall not be unreasonably withheld.
§ 3.3.29 Upon request of the Owner, and prior to the expiration of one year from [he date of Substantial Comple[ion,
the Construction Manager shall, without additional compensation, conduct a meMing with the Owner to review the
facility operations and paformance.
ARTICLE 4 ADDITIONAL SERVICES
§ 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The
ConsWction Manager shall provide the listed Additional Services only if specifically designated in the table below as
the Cons[ruc[ion Manager's responsibility, and the Owner shall compensa[e the Construction Manager as provided in
Sec[ion 11.2.
(Desrgnate the Additiona( Services the Construction Manager sha(1 prwicle in the second co[umn ojthe ta6[e be[ow.
In the [hird column indica[e whether the service descriplion is located in Sectinn 4.2 or in an a[tached exhibit. ljin an
exhibit, rdentijylhe exhibit.)
Services Responsibility Location of Service Description
(Constractron Manager, (Section 4.2 below or in an exhibit
Owner or altached to [his dceument attd
No! Provtded) identrfred below)
4.7.1 Measured drawin s Not Provided
§ 4.1.2 Architectural interior design Not provided
(B252T"'-2007)
4.1.3 Tenant-related services No[ rovided
4.1.4 Commissionin B211T^'-2007 Not rovideA
4.1.5 LEED certification B214T"'-200 Not rovided
§ 4.1.6 Fumiture, fumishings, and equipment Not rovided
desi (B253T"'-2007 P
§ 4.2 Insert a descrip[ion of each Additional Service designated in Sec[ion 4.1, if not further described in an e�chibit
attached to this dceument.
� AIADOCUmmlC132TM-20W�formertyB801"'CMa-799Y�.COpyright01973,1980,7992and2009byTheAmencenlnsEWteofArchilecis.Allrigh4
reaerved. WARNING: This AIA Dncument is protected 6y LLS. Copyright Law and International Treaties. llnauthorized reproduction or distribution o( .�Z
this AIA Documenq orany pnrtion of it, may resWt in severe civil and criminal penalties, and wi116e pmsecuted tothe manimum extentpossihle under
� th�� law. This documentwas produced byAlA soflware al �3:52:35 on 02/14/2012 under Order No.0342949863_7 which e�ires on 07/27/2012, and is not(or
resale.
USelNOtes: (1347839086)
� To be determined.
§ 4.3 Additional Services may be provided after execution of ihis Agreemrnt, without invalidating this Agreement.
Except for services reqtired due to the fault of the Construc[ion Manager, any Additional Services provided in
accordance wi[h this Section 43 shall entitle the Construction Manager to compensation pursuant to Sedion 113.
§ 4.3.1 Upon recognizing the need to perform the following Additional Services, the Construction Manager shall
notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The
Construction Manager shall not proceed to provide the following services until the ConsWCtion Manager receives the
Owner's written authorization:
.1 Services necessita[ed by a change in the Ini[ial Information, previous insWctions or apprrnals given by
[he Owner, or a material change in Ihe Project including, but not limi[ed to, size, quality, complexity,
the Owner's schedule or budget for Cost of the Work, or procuremen[ or delivery method, or bid
packages in addition [o those listed in Section 1.1.6;
.2 Services necessi[ated by [he enac[ment or revision of codes, laws or regulations or official
interpretations after the date of this Agreement
.3 Preparation of documenta[ion for altemate bid or proposal reques[s proposed by the Owner;
.4 Preparation for, and attendance at, a public presentation, mee[ing or hearing;
.5 Preparation for, and attendance at a dispu[e resolu[ion prceeeding or legal proceeding, except where the
Construction Manager is party thereto;
.6 Prrniding consultation conceming replacement of Work resulting from fire or ofher cause during �
construction and fumishing services required in connection with the replacement of such Work;
.7 Assistance to the Initial Decision Maker, if other than the Architect; or
.8 Service as the Initial Decision Maker.
§ 4.3.2 To avoid delay in the ConsWc[ion Phase, fhe ConsWction Manager shall provide the following Additional
Services, notify the Owner with reasonable promp[ness, and explain the facts and circumstances giving rise to ihe
need. If the Owner subsequendy de[ermines that all or par[s of [hose services are not required, the Owner shall gve
prompt written notice to the ConsWCtion Manager, and [he Owner shall have no further obligation to compensate the
ConsWction Manager for those services:
.7 Services in evaluating an eactensive number of Claims submitted by a Contractor or others in
connection wi[h the Work when [he Architec[ is serving as the Initial Decision Maker.
.2 To the extent the ConsWction Manager's Basic Services are affec[ed, providing ConsWCtion Phase
Services 60 days after ( I) fhe date of Substantial Comple[ion of the Work or (2) the anticipated date of
Substantial Completion, identified in Ini[ial Informatioq whichever is earlier.
.3 Services required in an emergency to coordinate the adivities of a Contrac[or or Mul[iple Prime
Contradors in the even[ of risk of personal injury or serious property damage, wnsistent with Sedion
33.13.
§ 4.3.3 If the services covered by this Agreement have not been completed within Thirty- six ( 36 ) months of the
date of this Agreemenf, Uvough no fault of the Construction Manager, extension of the ConsWdion Manager's
services beyond that time shall be compensated as Additional Services.
ARTICLE 5 OWNER'S RESPONSIBILITIES
§ 5.7 Unless o[herwise provided for under this Agreemen[, the Owner shall provide information in a timely manner
regarding requiremaits for and limitations on the Projed, including the Owner's program, other objedives, schedule,
constraints and cri[eria, special equipment, sys[ems, and site requirements. Within 15 days after receipt of a written
reques[ from the ConsWction Manager, the Owner shall fumish the requested information as necessary and relevan[
for the ConsWCtion Manager to provide its services under this Projec[.
§ 5.2 The Owner shall establish and periodically update the Owner's budget for the Projec[, including (1) the budge[
for the Cost of the Work as defined in Section 6.1, (2) the Owner's other costs, and (3) reasonable contingencies
rela[ed to all of these ws[s. If the Owner significanNy increases or decreases the Owner's budge[ for the Cos[ of the
Work, the Owner shall notify the Construction Manager and Archited. The Owner and [he Architect, in wnsultation
with the Construction Manager, shall thereafter agree to a corresponding change in the budget for the Cost ofthe Work
or in the R'oject's scope and quality.
� AIA Dacumsnt C102° — 2009 �fo�medy 8801 `"'CMa —1997). Copyright m 1973, 1980, 1992 antl 2009 by The Amencan Instihrte of Archi4cts. All Aghb
resmed. WARNING: This AID,' Oocument is protectetl by U.S. Copyright Law and International Treaties.11nauthorized reproduction ortlistribution o( 13
thls AIA' �ocument, or any portion of i[, may result in severe civil and criminal penalties, anJ will be prosecuted tothe maximum eztentpossihle under
� the law. This documentwas produced by AIA soRware a113:52:35 on 02/14/2012 under Order No.0342949863_7 which e�yires on 07Y17/2072, and is notfor
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§ 5.3 The Owner acknowledges that accelera[ed, phased or fast-track scheduling provides a benefit, but also carries
with it the risk of additional costs. If the OHmer selects accelerated, phased or fast-track scheduling the Owner agees
to include in the budget for the Project sufficient contingencies [o cover such costs.
§ 5.4 The Owner shall retain an Architect or engineer [o provide services, duties and responsibiliues as desaibed in
AIA Dceument B132-2009, Standard Form of Agreement Between Owner and Architect, ConsWCtion Manager as
Adviser Edition. "llie Owner shall provide the ConsVUCtion Managa a copy of the executed agreement between the
Owner and Architect, and any further modifications to the agreement.
§ 5.5 The Owner shall identify a representative authorized to act on fhe Owner's behalf with respect to the Project. The
Owner shall render decisions pertaining to documents the Construction Manager submits in a timely manner in order
to avoid unreasonable delay in the orderly and sequential progress of [he ConsWCtion Manager's services.
§ 5.6 Unless provided by the Construction Manager, the Owner shall fumish surveys to describe physical
characteristics, legal limi[ations and utility locations for the site of the Projec[, and a written legal description of the
site.'Ihe surveys and legal information shall include, as applicable, gades and lines of stree[s, alleys, pavements and
adjoining property and sVUCtures; designated wetlands; adjacent drainage; righks-of-way, restrictions, easements,
encroachma�[s, zoning deed restrictions, boundaries and contours of the site; locations, dimensions and necessary
data wi[h respect to existing buildings, o[her improvemen[s and trees; and information wnceming available utility
services and lines, both public and private, above and below grade, including inverts and depths. All the information
on the survey shall be referenced to a Projec[ benchmark.
§ 5.7 Unless prwided by the ConsWction Manager, fhe Owner shall fumish services of geo[echnical engineers,
which may include but are not limited to [est borings, test pits, determinations of soil bearing values, percolation [ests,
evaluations of hazardous materials, seismic evalua[ion, ground corrosion tests and resistivity tests, including
necessary operations for anticipating subsoil conditions, with written reports and appropria[e recommendations.
§ 5.8'll�e Owner shall coordina[e the services of i[s own consultants with those services provided by the ConsWction
Managa. Upon the Construction Manager's request, the Owner shall fumish copies of [he scope of services in the
contracts behveen the Owner and the Owner's consultants. The Owner shall fumish the services of consultants other
than those designa[ed in this Agreement, or authorize the Construction Manager to fumish them as an Additional
Service, when the Construdion Manager requests such services and demonstra[es that they are reasonably required by
the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance and
other liability insurance as appropriate to the services provided.
§ 5.9 The Owner shall fumish tes[s, inspections and reports required by Iaw or the Contract Dwuments, such as
struchval, mechanical, and chanical tests, tests for air and water pollution, and tests for ha�ardous materials.
§ 5.70 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be
reasonably necessary at any time for the Roject [o mee[ [he Owner's needs and interests.
§ 5.11 The Owner shall provide prompt writtrn notice to the Construction Manager and Architect if the Owner
becomes aware of any faul[ or defect in Project, including erzors, omissions or inconsistencies in the ArchitecYs
Instruments of Service or any fault or defec[ in the ConsWc[ion Manager's services.
§ 5.12 The Owner reserves ihe righ[ to perform consWc[ion and operations related to the Projed with the Owner's
own forces, and to award contracts in connection wiih the Project which aze not part of the Construction Manager's
responsibilities under this Ageement. The ConsWction Manager shall notify the Owner if any such independent
action will interfere with the Construction Manager's ability to perform the Consvuction Manager's responsibilities
under this Agreemen[. When performing wnsUuction or operations related to [he Project, the Owner agrees to be
subject to the same obligations and to have the same rights as the Contractors.
§ 5.13 Except as otherwise provided in this Agreement, or when direct communications have been specially
authorized, the Owner shall endeavor to communicate with the Contractor and the Cons[ruction Manager's
consultants through the Construc[ion Manager about matters arising out of or relating to the Contract Documen[s.1he
Owner shall promptly notify the Construction Manager of any direc[ commwications that may affect the Construction
Managa's seavices.
� AIA Document C733"'— 3009 �fo�medy B807TMCMa —1992). Copynghl01973, 1980, 1992 end 2009 by The American InsliARe o(Architects. All righfa
msmed. WARNING This NA Oocument is pmtectetl 6y U.S. Copyright Law and Internalional Treaties. Unauthonzed reproduction ordistriSution of .14
this AIA" Document, or any portion oTit, may iesWt in severe civil and criininal penalties, and will be pmsecuted lo the maxiinum ertentpossible under
� the law. This documentwas produced byAlA soflware a113:52:35 on 02/14/2012 unAer Orda No.0342949863 1 which e�ryires on 07/27Y1012, end is notfor
resale. 7347839086)
User NMes: �
§ 5.74 Before exew[ing the Contract for Construction, the Owner shall coordinate the Construc[ion Manager's duties
and responsibilities se[ forth in the Contrac[ for ConsWCtion with the ConsWction Manager's services set forth in this
Agreement. The Owner shall provide the ConsWction Manager a copy of the executed agreements between the
Owner and Contradors, including the Grneral Condi[ions of the Contrac[s for ConsWc[ion. .
§ 5.15 The Owner shall provide the Construction Manager access to the Roject site prior to commencement of the
Work and shall obligate the Contrac[or to provide the ConsWc[ion Manager access to the Work wherever it is in
prepara[ion or progress.
ARTICLE 6 COST OF THE WORK
§ 6.1 For purposes of [his Agreement, the Cost of the Work shall be the total cost to fhe Owner to construct all
elements of the Roject designed or specified by the Architect and shall include the contractors' general conditions
cosis, overhead and profit. The Cost of the Work includes the compensation of [he ConsWction Manager and
Construction Manager's Consultan[s during the Construction Phase only, including compensation for reimbursable
expenses at the job site, if any. The Cost of the Work dces not include the compensation of [he Architect, the costs of
the land, rights-of-way, financing contingencies for changes in the Work or other costs that are the responsibility of
the Owner.
§ 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjus[ed Uvoughout
ihe Roject as required wider Sections 5.2 and 6.4. Evaluations of the Owner's budget, preliminary estimates for the
Cos[ of the Work and detailed estima[es of fhe Cost of the Work prepared by Ihe ConsWC[ion Manager represent the
Construction Manager's judgment as a person or entity familiar with the construction industry It is recognized,
however, that neither [he Construction Manager nor the Owner has control over the cost of labor, materials or
equipment, over Contractors' methods of de[ermining bid prices, or over compe[itive bidding, market or negotiating
conditions. Accordingly, subject to the provisions of Section 112, the Construction Manager cannot and does not
warran[ or represent that bids or negotiated prices will not vary Crom [he budget proposed, established or approved by
the Owner, or &om any cost estimate or evaluation prepared by the Construction Manager.
§ 6.3 Ifthe Architect is providing de[ailed wst es[ima[ing services as an Additional Service, and a discrepancy exists
between the ConsWction Manager's wst estimates and the Architec['s cast es[ima[es, the Architect and the
ConsWe[ion Manager shall work cooperatively to wnform the ws[ estimates to one another.
§ 6.4If, prior to the conclusion ofthe Design Development Phase, the Construction Manager's estimate ofihe Cost of
the Work e�cceeds ihe Owner's budget for [he Cos[ of the Work, the Construction Manager, in consultation with the
Archi[ect, shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget, and
the Owner shall cooperate with the Construc[ion Manager and Architect in making such adjustmen[s.
§ 6.5 Tfthe estimate of the Cast ofthe Work at the conclusion ofthe Design Developmen[ Phase exceeds the Owner's
budget for the Cost of the Work, the Owner shall
.7 give written approval of an increase in the budget for the Cost of [he Work;
.2 in consultation with the ConsWdion Manager and Architect, revise the Project progam, scope, or
quality as required to reduce the Cost of the Work; or
.3 implement any other mutually acceptable altemative.
ARTICLE 7 COPYRIGHTS AND LICENSES
The Construction Manager and the Construction Manager's consultan[s, if any, shall not own or daim a copyright in
the InsWments of Service. The Construdion Manager, the Construc[ion Manager's consultants, ifany, and the Owner
warrant that in transmiking Instruments of Service, or any other informa[ion, the transmi[ting party is [he copyright
owner of such information or has pertnission from the copyright owner [o transmit such information for its use on the
Project. Ifthe Owner and Construc[ion Manager in[end to Vansmit Instruments of Service or any other information or
dowmentation in digital form, they shall endeavor to es[ablish necessary protocols governing such transmissions.
ARTICLE 8 CLAIMS AND DISPUTES
§ 8.1 General
§ 8.7.1 The Owner and Construdion Manager shall commence all claims and causes of action, whether in contract,
tort, or othenvise, against the other arising out of or related W this Ageement in accordance with fhe requirements of
��� AIA Docummt C172"' — Y009 4(ormeAy 8801 TMCMa — 7992). Copyright O 7973, 7980, 1992 and 2009 by The American InstiWte d Archihcts. All rights
rosarved. W�+RNMG This AIA' �ur.ument is Protecled 6y U.S. Copyright Law and Internafinnal Treaties. Unauthorized reproduction ordislribu�ion of 15
[his AIA"' Ducumenl, or any portion of it, may -esWt in severe civil and criminal penalties, and �.vill be proseculz:d tothemaximum extent possihle under
� the iaw. This dowment was produced by AIA software at 13:52:35 on 02/74/2012 under Order No.0342949863_7 which e�ircs on 07/27/2012, and is no� tor
resale. 73478390%)
User Notes: (
ihe method of binding dispute resolution selec[ed in this Ageement within the period specified by applicable law, but
in any case no[ more than 10 years after the date of Substantial Completion of the Work. The Owner and Construction
Managa waive all claims and causes of adion not commenced in acwrdance with this Sedion S.l.l.
§ 8.7.2 To the eacten[ damages are covered by property insurance, the Owner and ConsWCtion Manager waive all
righ[s agains[ each o[her and against [he contrac[ors, consultanLs, agents and employees of the other for damages,
except such rights as they may have to the prceeeds of such insurance as set forth in AIA Document A232-2009,
General Conditions of the Contract for ConsWction. The Owner or the Construdion Manager, as appropriate, shall
require of the contractors, consultants, agents and employees of any of them similar waivers in favor of [he other
parties enumerated herein.
§ 8.1.3 The ConsWction Manager shall indemnify and hold [he Owner and the Owner's officers and employees
harmless from and against damages, lasses and judgments arising from claims by third par[ies, including reasonable
at[omeys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent
acts or omissions of the Construction Manager, its employees and its consultants in the performance of professional
services under this Agreemen[.
§ 8.1.41t�e Construction Manager and Owner waive consequen[ial damages for claims, disputes or other matters in
question arising out of or relating [o this AgeemenL This mutual waiver is applicable, without limitation, to all
wnsequential damages due [o either party's termination of this Agreement, except as specifically provided in Section
9.7.
§ 8.2 Mediadon
§ 8.2.1 My claim, dispute a other matter in question arising out of or related to this Ageement shall be subject to
mediation as a condition precedent to binding dispu[e resolution. If such matter relates to or is the subject of a lien
arising out of the Construction Manager's services, the Construction Manager may prceeed in accordance with
applicable law to comply wi[h the lien notice or filing deadlines prior to resolution of the matter by mediation or by
binding dispu[e resolution.
§ 8.2.2 The Owner and Construction Manager shall endeavor to resolve claims, disputes and o[her matters in question
between them by mediation which, unless the parties mu[ually agree othenvise, shall be administered by the American
Arbitration Associa[ion in accordance with its Construction Industry Mediation Procedures in effect on the date ofthe
Agreement. A request for mediation shall be made in wri[ing, delivered to [he other par[y to the Ageement, and filed
with the person or entity administering the mediation. The request may be made concurrently with the filing of a
complaint or other appropria[e demand for binding dispute resolution but, in such event, mediation shall proceed in
advance of binding dispute resoWtion proceedings, which shall be stayed pending mediation for a period of 60 days
from the date of filing, unless s[ayed for a longer period by agreement of the par[ies or court order. If an arbitra[ion
proceeding is stayed pursuant to [his sectioq the parties may nonetheless proceed to the selection of the arbitrator(s)
and agree upon a schedule for later proceedings.
§ 8.2.3 The parties shall share fhe mediator's fee and any filing fees equally. 7'he mediation shall be held in the place
where the Project is located, unless anofher Iceation is mutually agreed upon. Agreements reached in mediation shall
be enforceable as settlement agreements in any court having jurisdiction thereof.
§ 8.2.4 If the parties do no[ resolve a dispute tivough mediation pursuant to this Section 8.2, the method of binding
dispute resolu[ion shall be the following:
(Check the appropriate box. /jthe Owner and Construction Manager do not se[ec[ a method of binding dispute
reso/u6on below, or do not subsequendy agree rn writing to a binding dispute reso[ution method other than [itigatron,
the dispute wi/[ 6e resolved in a court of competen[ jurisdiction.)
I [ X] Arbitration pursuant [o Section 83 of this Agreement
[] Li[igation in a court of competent jurisdidion
[ ] Other. (Specify) �
� AIA Document C102"' — 2009 �TOrmedy 8801 TMCMa-199Y). Copyright � 7 973, 1980, 1992 and 2008 by The American Institute of ArchilecLS. All Aghfa
reaervM. WARNING This IVA � Document is protected 6y LLS. CopyrightLaw and Internalional Trealies. Unauthorizetl reproduction ardislribution of 16
this AIA"� Document, m any p�rtion of it, may result in severe rivil and criminal penalties, and �nill be prosecuted to the mazimum extent possi6le under
� the law. This doamenlwas produced byAlA soflware a113:52:35 an 02/14/2012 under Order No.0942949863_t which e�ires on 07Y17/2012, and is notfor
rcsale. 1347839086)
UserNMes: (
§ 8.3 ArbiVation
§ 8.3.7 If the par[ies have selected arbitration as the method for binding dispute resolution in this Agreement any
claim, dispute or other matter in question arising out of or related to this Ageement subject to, but not resolved by,
mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by
the American Arbitration Association in accordance with its Construction Indas[ry Arbitration Rules in effect on the
date of the Agreement. A demand for arbitration shall be made in writing, delivered to the other par[y to this
Agreemeny and filed with the person or entiry administering fhe arbitration.
§ 8.3.1.1 A demand for arbitration shal I be made no earlier than wncurrently with the filing of a request for mediation,
but in no event shall it be made after the date when the institution of legal or equitable prceeedings based on the claim,
dispute or other matter in question would be barred by the applicable sta[u[e of limi[ations. For statu[e of limitations
purposes, receip[ of a written demand for arbitration by the person or entity administering the arbitration shall
wnstitute the institution of legal or equitable prceeedings based on [he claim, dispu[e or other matter in question.
§ 8.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or aitity duly
wnsented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any
cour[ having jurisdiction thereof.
§ 8.3.3 The award rendered by the arbitrator(s) shall be final, andjudgmen[ may be en[ered upon it in accordance with
applicable law in any court having jurisdic[ion thereof.
§ 8.3.4 Consdidation or Joinder
§ 8.3.4.1 Either party, at its sole discretion, may consolida[e an arbitration conduc[ed under [his Agreement with any
other arbiVation to which it is a party provided that ( I) the arbitration agreement governing the other arbitration
permik wnsolidation, (2) the arbitra[ions to be consolidated subsfantially involve common questions of law or fact,
and (3) the azbitrations employ ma[erially similar procedural rules and methods for selecting arbiVator(s).
§ 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a
common question of law or fact whase presence is required if comple[e relief is to be accorded in arbitratioq provided
fhat the party sought to be joined consents in writing to such joindec Consent [o arbitration involving an additional
person or aitiry shall not constitu[e consent to arbitra[ion of any claim, dispute or other matter in question no[
described in the written wnsent.
§ 8.3.4.3'Ihe Owner and Construc[ion Manager gant to any person or entity made a party to an azbitration wnducted
under this Sec[ion 8.3, whether by joinder or consolidatioq the same rights ofjoinder and wnsolidation as the Owner
and ConsWction Manager under this Ageement.
ARTICLE 9 TERMINATION OR SUSPENSION
§ 9.1 If the Owner fails to make paymenfs to the Construction Manager in accordance wi[h [his Agreement, such
failure shall be considered substantial nonperformance and cause for termination or, at the Construction Manager's
option, caase for suspension of perfortnance of services under this Agreement. If the Construction Manager eleds to
suspend services, the CansWction Manager shall give seven days' written notice to the Owner before suspending
services due to nonpayment. In the event of a suspension of services, the Conswc[ion Manager shall have no liability
to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming
services, the ConsWdion Manager shall be paid all sums due prior to suspension and any expenses incurred in the
interruption and resumption of Ihe CaisWction Manager's services. The Construc[ion Manager's fees for the
remaining services and the time schedules shall be equitably adjusted.
§ 9.2 If [he Owuer suspends the Roject, fhe Construction Manager shall be compensated for services performed prior
to notice of such suspension. "Ihe ConsWCtion Manager's fees for the remaining services and the [ime schedules shall
be equitably adjasted.
§ 9.3 If the Owner suspends [he Proje�K for more than 90 cumulative days for reasons o[her than the faul[ of the
Construc[ion Manager, the ConsWction Manager may terminate this Agreement by giving not less than seven days'
written notice. In such event the Construction Manager shall be entitled to reasonable overhead and compensated for
� AIADOCUmantC102"'-2009�fomiedy8801TMCMa-799Y).Copyright07973,'1980,1992and2009byTheAmencanlnstlW4o(Architects.Alldghb
roaerved. WARNING: This AIA � Document is protected by LLS Copyright Law and Internatirn�nl Treaties.11nauthorized reproduction ordistribution of .17
this AIA"' Ducument, or any purtion of it. may �esWt in severe civil and criminal penalties, �nd will be pmsecuted lothe maximum extent possible untler
� the law. This dowmentwas produceA byAlA so(lware at 13:52:35 on 02/74/2072 under OMer No.0342949863 1 which e�ires on 07/27/2012, and is notfor
resale.
UaerNotes: (1347839086)
services performed prior to termination but in no event shall ConsWCtion Manager be entitled to consequential
damages or lost profits.
� § 9.4 Either party may [ertninate this Agreement upon not less ihan seven days' written notice should fhe other party
fail substantially to perform in accordance with the terms of this Ageement through no fault ofthe party initiating the
termination. In such event the Construc[ion Manager shall be entiUed to reasonable overhead and compensa[ed for
services performed pria to termination but shall not be entitled to any consequential damages a last profits.
( § 9.5 The Owna may taminate this Agreement upon not less than seven days' written notice to the ConsVUCtion
Manager for fhe Owner's wnvenience and without cause. In such even[ the Construction Manager shall be entitled to
reasonable merhead and compensated for services performed prior to termination but in no even[ shall Construc[ion
Manager be entitled to consequential damages or lost profits
I § 9.6In the event oftertnina[ion not the faul[ ofthe Construc[ion Manager, the Construdion Manager shall be entitled
to reasonable overhead and compensated for services performed prior to termination but in no event shall
ConsWction Manager be entiNed to consequential damages or lost profits
� § 9.71ntentionally omitted.
§ 9.7.1 In the event of termina[ion for the Owner's wnvenience prior to commencement of cons[ruction, the
Construction Manager shall be entitled to receive payment for services performed, costs incurreA by reason of such
tertnina[ion and reasonable overhead on Reconstruction services not comple[ed during the Preconstruction Phase. In
no event shall Construction Manager be entitled [o consequential damages or lost profits.
§ 9.7.2 In the even[ of [ermina[ion for the Owner's convenience after commencement of consWction, the
ConsWction Managa shall be entitled to receive payment for services performed and costs incurred by reason of such
teanination, along with reasonable overhead bu[ in no event shall Construction Manager be entitled to consequential
damages or lost profits.
ARTICLE 70 MISCELLANEOUS PROVISIONS
§ 10.1 'Ihis Ageement shall be governed by the law of the place where the Project is located, excep[ tha[ if the parties
have selected arbitration as the methoci of binding dispute resolution, the Federal Arbitration Act shall govem
Sec[ion 8.3.
§ 10.2 Terms in this Agreement shall have the same meaning as those in AIA Documen[ A232-2009, General
Conditions of the Contrad for Construction, except for purposes ofthis Agreement, the [erm "Work" shall indude the
work of all Contradors under the administration of the Cons[ruction Manager.
§ 10.3 71ie Owner and Construction Manager, respectively, bind themselves, lheir agents, successors, assi�s and
legal representatives to this Agreema�L Neither the Owner nor the Construction Manager shall assign this Agreement
withou[ the written consent of the other, except that the Owner may assign this Agreement to a lender providing
financing for the Projed if the lender agrees to assume the Owner's rights and obligations under this Ageement.
§ 10A If the Owner requests the ConsWCtion Manager to exewte certifica[es, the proposed language of such
certifica[es shall be submitted to the Construc[ion Manager for review a[ least 14 days prior to the reques[ed da[es of
execution. If the Owner requests fhe Construction Manager to execute wnsents reasonably required to facilitate
assignment to a lender, the Construc[ion Manager shall exewte all such wnsents tha[ are consistent with this
Agreement, provided the proposed consent is submitted to the ConsWCtion Manager for review at leas[ 14 days prior
to exewtion. The Construdion Manager shall not be required to execute certificates or consents that would require
knowledge, semces or responsibili[ies beyond the scope of this Agreement.
§ 70.5 Nofhing contained in this Agreement shall create a contraccual relationship with or a cause of action in favor of
a ihird party against ei[her [he Owner or Construction Manager.
� AIA Dxument C102"' — 2009 �TOrmerly 8801 TMCMa —1992). Copyright O 1973, 1980, 7992 end 2009 by The Americen Instltute of Aahi4cLS. All righta
reserved. WARNING This AIA � Oocwnent is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 78
th is AIA Ducument, or any portion ot it, may resW[ in severe civil and criminal penalties, a nd will 6e pmseculed to the maximum eztent possible under
� the law. This documentwas produce0 by AIA soflwere et 13:52:35 on 02/14/2012 under Order No.0342949863_1 which expires on 07/17/2072, and is nottor
UserNOtes: (1347839086)
§ 70.6 Unless othenvise required in this Agreemait, the Construc[ion Manager shall have no responsibility for the
discovery, presence, handling, removal or disposal of, or exposure of persons [o, hazardous materials or toxic
substances in any form at the Projec[ site.
§ 10.7 The Construc[ion Manager shall have the right to include photogrnphic or artistic representations of the design
of the Project among the Construdion Manager's promo[ional and professional materials. The ConsWdion Manager
shall be given reasonable access to the completed Project to make such representa[ions. However, the ConsWdion
Managa's ma[erials shall not include the Owner's confidential or proprietary infortnation ifthe Owner has previously
advised the Construction Manager in writing of the specific information considered by the Owner to be confidential or
proprietary. The Owner shall provide professional credit for [he Construction Manager in the Owner's promotional
materials for the Project.
I § 10.B Intentionally omit[ed.
ARTICLE 11 COMPENSATION
§ 11.1 For the ConsWction Manager's Basic Services described under Article 3, the Owner shall compensa[e the
ConsWCtion Manager as follows:
§ 11.7.1 For ReconsUVCtion Phase Services in Section 3.2:
(Insert amount of, or 6asisfor, compensation, i�luding sbpulated sums, mu(tiples or percentages.)
Stipula[ed sum of Ten 'Ihousand Dollars ($1 Q000)
See Section 3.2.23 for staffing plan and schedule requiremenks.
§ 11.7.2 For Construction Phase Services in Sec[ion 33:
(Insert amouM of, or basis jor, compensation, iric[udeng stipu[ated sums, mulfiples or percentages.)
� Stipulated Sum of Fifty-Four Thousand Dollars ($54,000)
§ 11.2 For Addi[ional Services designated in Section 4.1, the Owner shall compensa[e the Construction Manager as
follows:
(/nsert amount of, or basis jor, compensation. /jnecessary, list speciftc services to which parficular methods oj
compensation apply.)
� As mutually ageed upon by the Construc[ion Manager and Owner in writing.
§ 11.3 For Addi[ional Services that may arise during the course of the Project, including those under Section 43, the
Owner shall compensate the ConsWdion Manager as follows:
(/nsert amount of, or basisfor, compensation)
I As mutually agreed upon by the ConsWction Manager and Owner in writing.
§ 11.4 Compensation for Additional Services of the Construdion Manager's consultants when not included in
Sections 112 or l 13, shall be the amount invoiced to fhe ConsWCtion Manager plus percent (%), or as otherwise
stated below:
� As mutually agreed upon by the Construc[ion Manager and Owner in writing.
§ N.5 The hourly billing ra[es for services of the Construction Manager and the Construction Manager's consultants,
if any, are set forth below. The rates shall be adjusted in accordance with the ConsWc[ion Manager's and
ConsWction Manager's consultants' normal review pradices.
(If applicable, attach an exhi6it ojhour[y bi/(ing ra[es or insert them below.)
I As approved by Owner in writing.
AIA Docummt C132"' — 2009 r formerly 9807 "'CMa —1992). Copyright 01973, 1980, 7992 and 2009 by The American InsShrte of Architects. All rights
��h resarvad. WARNING:1'his AIA�` Document is protected by U.S. Copyright Law and Internatiaial Treaties. Unauthonzed reproduction or distribution ot ,19
this AIA"' Oocwnent, or any portion olit, may iesWl in severe civil and criminal penalties, and will be prosecuted to tl�e maximum eatent possible under
� the law. This documentwas produced by AIA software at 13:5235 on 02/1M2012 under Order No.�3429{9863 1 w�ich expires on 07Y27/2012, and is nol(or
rcsale.
UserNotes: (134783908fi)
Employee orCategory Rate (50.00)
§ 11.6 Canpensation for Reimbwsable Expenses
§ 71.6.1 Reimbursable Expenses are in addition to wmpensation for Basic and Addi[ional Services and include
expenses incurred by the Construction Manager and the Construction Manager's consultants direc[ly related to the
Project, as follows:
.7 Transportation and authorized out-of-town travel and subsistence;
.2 Long distance services, dedicated data and communication services, [eleconferences, Projec[ Web
sites, and extranets;
.3 Fees paid for securing approval of authorities having jurisdiction over the Project;
.4 Printing, reproductions, plots, standard form documents;
. .5 Postage, handling and delivery;
.6 Exprnse of overtime work requiring higher than regular rates, i f authorized in advance by the Owner;
.7 Rofessional photography, and presenta[ion materials requested by the Owner;
.8 Construdion Manager's wnsultanYs expense of professional liability insurance dedicated exclusively
to this Projec[, or the expense of addi[ional insurance coverage or limits if the Owner requests such
insurance in excess of [hat normally carried by the ConstrucUOn Manager's consultants;
.9 All taxes levied on professional services and on reimbursable expenses;
.10 Si[e office expenses; and
.11 Other similar Project-related expenditures.
§ 11.6.2 For Reimbursable Expenses the compensation shall be the expenses incurted by the Construction Manager
and the Construc[ion Manager's consultants plus tivee percent ( 3%) of the expenses incurred.
§ 11.7 Payments to fhe Construction Manager
§ 11.7.7 M initial payment of ($ 5,000 ) shall be made upon execution of this Agreement and is the minimum
payment under this Agreement. I[ shall be credited to the Owner's account in the final invoice.
§ 17.7.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services perfortned.
Paymen[s are due and payable upon presentation of the Construction Manager's invoice. Amounts unpaid Sixty ( 60
) days after the invoice date shall bear interes[ at the rate entered below.
(Insert rate of moMhly or annual interest agreed uporc)
I 9% Nine Percent per annum.
§ 11.7.3 The Owner shall not withhold amounts from the Construction Manager's compensation to impose a penalty
or liquidated damages on fhe Construction Manager, or to offset sums requested by or paid to Contractors for the cost
of changes in ihe Work unless the Construction Manager agrees or has been found liable for the amounts in a binding
dispute resolution prceeeding.
§ 11.7.4 Rewrds of Reimbursable Expenses, expenses pertaining to Addi[ional Services, and services performed on
the basis of hourly rates shall be available [o the Owner at mutually convenient times.
ARTICLE 12 SPECIAL TERMS AND CONDRIONS
Special terms and conditions that modify this Ageement are as follows:
The Construction Manager acimowledges ihe Project is a public works project and as such ConsWction Manager
shall ensure that all contracts will comply wi[h all applicable local, sta[e, and federal laws relating to public works
projects in the State of Missouri.
The ConsWction Manager and Owner acknowledge that part of the Costs of Work are being funded by Community
Development Block Grant ("CDBG") funds and that the Project's engineering and construction management costs are
being paid solely from Owner's funds unrelated to the any CDBG funds.
� AIA Document C734*" — 2009 �fortnedy 8801 TMCMa —1992�. Copydghl O 1973, 1980, 1992 and 2009 by The American Insfitute of ArchitecLs. All dghb
maerved. WARNING This AIA' Dncumenl is protected by U.S. Copyright Law and International Treaties. Unau[honzed reproduction ordisiribution o! .lo
this AIA� Document, orany portion of it, �nay result in severe civil and criminal penalties, and wili be prosecuted to [he maximum eztentpossi6le under
� the law. TOis documenlwas proOUCetl by AIA software at 13:52:35 on 02/74/2012 unde� OrAer No.0342949863_1 which e�ires on 07/27/2072, and is notfor
resale.
UaerNotea: (1347839086)
ARTICLE 13 SCOPE OF THE AGREEMENT
§ 73.1 'Ihis Ageement represents the entire and integrated agreement between the Owner and the ConsWction
Managa and supersedes aIl prior negotia[ions, representa[ions or ageements, either written or oraL This Agreement
may be amended only by written instrument signed by both Owner and Construction Manager.
§ 13.2 This Agreement is comprised of [he following documents listed below:
.1 AIA Dceument C 132T"'-2009, Standard Form Ageement Between Owner and Construc[ion Manager
as Adviser
.2 AIA Document E201T^'-2007, Digital Data Protceol E�chibit, if completed, or the following:
.3 AIA Document E202T"'-2008, Building Information Modeling Protocol E�ibit, if completed, or the
following:
.4 Other documents:
(List otherdceuments, ifany, includingadditional scopes ojserviceformingpart of[heAgreement.)
I Exhibits A and B
This Ageement is entered into as of the day and year first written above.
n,Z��e.�.J - ��
0 ER (Signature) CONSTRUCTION MANAG iature)
d n /f 7(�,� � /0/� /��-�4.�.�..,c �� -
nnted name and titl� (Printed name and dide)
AIA Document C102°— 2009 �formetly 8801"'CMa-1992). Copyri9ht 0 7973, 7980, 1992 and 2009 by The American Ins6W4 af Architects. All dghq
��rt reaerved. WARNING: This AIA Dor.umen[ is protected by LL5. Copyri�hl law and brternaliorial Treaties. Unauthorized reproduction ordistribution ot Z�
this AIA Oocument, or any portion of it, may resWt in severe civil anA criminal penalties, and will he prosecuted to the maximum extentpoesible under
� the law. This dowment was produced by AIA soM1ware at 13:52:35 on 02/14/20'12 under Order No.0342949863 1 which e�ircs an 07/27/2012, and is not (or
resale.
User NMea: (1347838086)
Additions and Deletions Repo►f for
AIA Document C132'" — 2009
This Addkions and Deletions RepoA, as defned on page 1 of the associated document, reproduces below all texl Ne author has
added to the standard fam AIA document in orderto complete it, as well as any teu[ the author may have added to or deleted from the
original AIA text. Added text is shown underlined. Deleted lerzt is indicated wRh a horizontal line ihrough the original AIA tezl.
Note: This Additions and Deletions Report is provided far information purpwes only and is not incorporeted into or constitute any part
of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by
AIA software at 13:52:35 on 02114/2012.
PAGE 1
AGREEMENT made as of the day of in the year 2012
Citv of Riverside. Missouri
2950 NW Vivion Road
Riverside. Missouri 64150
Northooin[ Develooment, LLC
1300 NW Briarcliff Parkwav. Suite 250
Kansas Citv. Missouri 64116
Teleohane Number. Teleohone (8161741-8540
Fa�c Number: Fa�c 8 1 61 746-5 1 38
nathan iel(ilnorfhoointka com
Mattox Road for Citv of Riverside
Mattox Road
ReconsWC[ion of Mattox Road from 41st Street to Burlineton Northem Rieht of Wav in the Horizons Development
DisUic[ and the exoansion of [he sanitarv sewer collection svstem to service a new area for developmen[ within the
Distric[
Olsson Associates, Inc. .
1251 NW BriarcliffParkwav. Suite 50
Kansas Citv, Missouri
Teleohone Number Teleohone BI6) 361-1 l77
It is understood bv the oarties tha[ the defined term "Archi[ect" is for reference onlv and does not implv [hat the
Olsson Associates. Inc. is an architectural firm or a licensed architec[.
PAGE2
The Architect has orepared a Preliminarv En¢ineerine Reoort da[ed December 2011, attached as E�ibit A and
inwroorated bv reference, which is a oreliminarv renort outlinine the Proiect. The oarties a�ee that after drawines
and specifications are closer to comoletion the Owner and the CM will work toee[her to finalize a oro�am for how the
Proiect will be develooed The Roiec[ is a oublic works oroied and will be develooed in accordance with Missouri
statutes eovemina oublic works oroiects.
Adtliflons and Deletlons Raport for AIA DocumsM C772"'— 2009 (formeAy B801"'CMa-1992). Copyrightm 1973, 7980, 1992 and 2009 byThe Amerimn
Institule of Archi4cts. All tlghfa nserved. WARNING: This AIA Oocument is protected by U.S. Copynght Law and International Treaties. Un:mthorized �
reproduction ordistribution of this AIA'� Docmnent, or any portion of it, may resW[ in sever� r.ivil and criminal penalties, antl will be proseruted to lhe
maximum entent passible under the law. This document was pmduced byAlA soflware at 13:5235 on 02/74@012 unOer Order No.0342949863_i which e�ires
on 07/27/2012, and is not for rcsale.
USelNotea: (1347838086)
A oreliminarv descriotion of the Roiect is outlined in E�ibi[ A.
A Dreliminarv budeet for the Cost of Work is outlined in Exhibit A. The CM will orovide an upda[ed estimation ofthe
Cost of Work once the drawines and specification are comolete for the Proiect.
PAGE 3
To be determined.
To be determined.
To be de[ermined.
Comoetitive Bid in conformance with the laws of [he Sta[e of Missouri
To be determined.
Public works oroiect .
David Blackbum
Citv Administrator
City of Riverside
2950 N.W. Vivion Road • Riverside. MO 64150
Phone: (816) 7413993
Fax:(816)746-8349
Direct B16)372-9007
ca(tr�riversidemo. wm
PAGE 4
To be determined.
To be determined.
To be determined.
Atldkions and Deletians ReportforAlA Docume'rt C7]2` (formerly B807"'CMa-1991). Copyright� 1973, 1980, 1992 and 2009 by The Amencan
Ins6Nte of Nchitects. All dghh reservatl. WARNING: This AIA Oocument is pro[ected by U.S. �COpyright Law and Internalional Treaties. lJnauthorized Z
reproduction or distribution of lhir AIA �ocument, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
maximum e�ctent possible untler the law. This documentwas D�duced 6yAlA software al 13:52:35 an 02/14/2012 under Order No.0342949863_7 which e�ircs
on 0727/2012, and is not for resale.
User NMea: (13{7839086J
To be determined.
Nathaniel Ha¢edom
1300 NW BriarcliffParkwav. Suite 250
Kansas Ci[v, Missouri 64116
Teleohone Number: (S 1 61 741-8540
❑athaniel (a�iiorthoointkc.com
The Construdion ManaQer's staffine olan is attached as E�ibit B and incoroorated haein bv reference.
Chris Williams. Vice President - Development
NorthPoint Develooment
1300 NW BriarcliffParkwav
Kansas Ciry. Missouri 64116
PAGE 5
Soecial Insoections
Olsson Associates, Inc.
To be determined.
To be de[ermined.
§ 2.2 The Construction Manager shall perform its services consistent with the skill and care ordinarily provided by
construction managers practicing in the same or similar IocaliTy under the sarne or similar circumstances. The
ConsWction Manager shall perform i[s services as expeditiously as is consisten[ with such skill and care and [he
orderly progress of the Project. In addition to the services set forth in Articles 2, 3, and 4, the Construc[ion Manaeer
shall oerform anv other CM services that normallv or wstomarilv fumished and necessarv for the Proiect as nart of the
Basic Services.
§ 2.6.1 Comprehensive General Liability with policy limits of not less than One Million Dollars ($ 1,000,000 ) for
each occurzence and Two Million Dollars ($2,000.0001 in the aggega[e for bodily injury and property damage.
§ 2.6.2 Automobile Liability covering owned and ren[ed vehicles operated by the ConsWCtion Manager with policy
limits ofnot less than One Million Dollars ($ 1,000,000 1 combined single limit and aggregate for bodily injury and
proper[y damage.
§2.6.3TheCons[rudionManager _....._......�_..u_____.___��:..�:�:..:_...._.._,.e.�..,.�.:e..e.�.�___..:__a.._...._.._..�__
.shall carrv umbrella or excess liabilitv insurance of
Adtliflons and Deletiona Report for AIA �ocume�rt C13Y"' — Y009 (formerty B801 TMCMa —1997�. Copyright � 1973, 7980, 1992 an0 2009 by The Amencen
Institule of Architects. All righb reserved. WARNING: This AIA"' Document is pmtected by U.S. Copyright Law and International Treaties. Unauthorized 3
reproduction or distnbution af lhia AIA" Docur.ent, or any pmtion of it, may result in severe civil and crirtiin. 1 penalties, and will be prosecuted to the
maximum eztent possible untler tl�� e law This documenlwas pmduced by AIA softwam at 73:52:35 on 07/14/2012 under Order No.0342949863_7 which e�ires
on 07/27/2012, and is nol fa resale.
UsarNotea: (1347839086)
not less than One Million Dollars ($ I 000 0001 oer daim and in as�e¢ate in excess of the Emolover's Liabiliri.
Automobile Liabilitv, and Commercial General Liabilitv.
§ 2.6.4 Workers' Compensation at s[atu[ory limi[s and Employers Liability with a policy limit of not less than One
Million Dollars (S 1.000.0001.
§ 2.6.5 Professional LiabiliTy covering the Construction Manager's negligent acts, errors and omissions in its
performance of services with policy limits of no[ less fhan One Million Dollazs ($ 1,000.000 ) per claim and Two
Million Dollars ($2,000.000) in the aggregate. ConsWction Manaeer does not wrtentiv have Professional LiabiliN
insurance but shall have coverase in the amounts stated above on or before March I. 2012.
§ 2.6.6 The Construdion Manager shal I provide to the Owner certifica[es of insurance evidencing compliance wi[h the
requiremenLs in this Sedion 2.6. The certifica[es will show the Owner as an additional insured on the Comprehensive
General Liability, Automobile Liability, umbrella or excess policies. This A�eement shall not be effective until the
Construction Manaser orovides the Owner with certificates of insurance evidencing comoliance with the requirements
of this Sedion 2.6.
PAGE7
§ 3.2.13 The Construction Manager shall expedi[e and coordina[e the ordering and delivery of materials, including
those that mus[ be ordered well in advance of consWction. 11�e ConsWCtion Mana¢er shall not be responsible for the
orderine ofmaterials and such resnonsibili[v shall be with the eeneral contractor(s) and subcontradors for the Roiect.
PAGE e
§ 3.2.22 The Construccion Manager shall assist the Owner in ob[aining building permits and special permi[s for
permanent improvements, except for permits required to be obtained directly by the various Multiple Prime
Contractors. The Construc[ion Manager shall verify that the Owner has paid applicable fees and assessments. The
Construction Manager shall assist the Owner and Archited in wnnection with the Owner's responsibility for filing
documents required for the approvals of governmental authorities having jurisdiction wer the Projed. Construction
Manaser shall ensure and verifv that anv Contrador orovidine construction service on the Roiect shall provide a
Oerformance and pavment bond in conformance with Section 107.170 RSMo in such amount as determined necessarv
bv the Owner.
6 3 2 23 The ConsWCtion Manaeer shall orwide to the Owner a staffine olan and schedule for adivities assceia[eA
with the Reconstruction Phase Administration of the ConsWc[ion Contract.
§ 3.3.1 Subject to Section 43, the ConsWdion Manager's responsibiliry to provide Construction Phase Services
commences with the award of the ini[ial Contract for Construction and terminates on the da[e ihe Architect issues the
final Certificate for Fe}snexFPavment and the Owner has acceo[ed the Proiect.
§ 3.3.2 The Construdion Manager shall provide a staffing plan to include one or more representatives who shall be in
a[tendance at the Project site whenever the Work is being performed. "R�e ConsWction Manaser shall maintain a
dailv oresence on fhe Roiect site durin¢ the Construction Phase to fulfill its obli¢ations to the Owner to coordinate the
Work.
§ 3.3.6 The ConsWction Manager shall schedule and conduct mee[ings as needed to discuss such matters as
prceedures, progress, coordina[ion, and scheduling of the Work. The ConsWCtion Manager and/or [he Contrac[or
shall prepare and promptly distribute minutes to the Owner, Archi[ect and Multiple Prime Eenfreste�sContractors;
however fhe ConsWction Manaeer is ultima[elv resoonsible for the preoaration
PAGE9
Addiflons and Deletiona Repo�t (or AIA DocumeM C7J2TM — 2009 (formerly B807 TMCMa —199Y�. Capyright � 1973, 1980, 1992 an0 2009 by The Ameriren
Ins6Me o(Architects. All Aghfa nservatl. WAR��ING This AIA Oocument is pro[ectetl by U.S. Copyright Law and International Trealies. Un:mthorized 4
reprotluction ordistribution of thi, RIA`" Document, or any portion of it, may resWt in sevem r.ivil and criminal penalties, and will be prosecuted to the
maximum entent possible untler t9ie law. This document was pmduced byAlA so(lware at 13:52:35 on 02/14/2012 under OMtt No.03429{9863 1 which e�ires
on 07/27/2012, and is nat for resale.
UeerNOtes: (1347839086)
§ 3.3.11 The Construction Manager shall develop . onsWCtion budeet
estimates forecasts for the oroiect and track oroiec[ oro�ess aeainst the construc[ion bud¢et.
PAGE 10
§ 3.3.19 Utilizing [he submittal schedules provided by each Contractor, the ConsWCtion Manager shall prepare, and
revise as necessary, a Projed submittal schedule incorporating information from the Owner, Owner's consultants,
Owner's separate contractors and vendors, governmental agencies, and all other participants in the Project under the
management ofthe ConsWC[ion Manager. "Il�e Project submittal schedule and any revisions shall be submitted to the
Architec[ for approval. The Construc[ion Manager shall prompUy review and coordinate all Shop Drawings, Product
Data, Samples and other submittals from the Multiple Prime Contrac[ors for compliance with the submittal
requirements of the Contract, coordinate submittals with information contained in related documents, and transmit to
� �- �- - - °°a� � - °-°°- °' Architect. The ConsWdion Manager's
ac[ions shall be taken in accordance with the Project submittal schedule approved by the Architect, or in the absence of
an approved Project submi[tal schedule, with such reasonable promp[ness as to cause no delay in the Work or in the
activities ofthe Contractor, other Multiple Prime Contractors, the Owner, or the Architect. Theparties understand that
the Construdion Manaeer is not an architect or an enaineer and that the review bv the Construction Manaeer of such
submittals is for coordination purposes onlv and not to enswe that such submittals are in accordance with anv
approoriate buildine code or soecification.
PAGE 11
§ 3.3.21 Utilizing the documen[s provided by the Contractor, the Construction Manager shall main[ain a[ the siE�site
its principal office or on a website accessible to Architect, Owner, and Contractor, one wpy of all Contracts,
Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently [o
record all changes and selec[ions made during consWc[ion, and in addition, apprwed 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 footings, floor levels and key site elevations certified by a qualified
surveyor or professional engineec The ConsWction Manager shall make all such records available to the Architect
and the Contractor, and upon wmpletion of the Project, shall deliver them in hard coov [o the Owner.
§ 3.3.24 When the Construc[ion Manager considers each Contractor's Work or a designated portion thereof is
substantiaily wmplete, the Construdion Manager shall, jointly with the Contractor, the Architect, or the eneineer of
rewrd. prepare for the Architect a Iist of incomplete or unsatisfactory items and a schedule for their completion. The
Construc[ion Manager shall assis[ the Architec[ in conducting inspections to determine whether the Work or
designated portion thereof is substantially complete.
PAGE 72
4.1.7 Measured drawin s Not Provided
§ 4.1.2 Architectural interior design Not provided
(B252T"�-2007)
4.1.3 Tenant-related services Not rovided
4.1.4 Commissionin 211T"'-2007 Not rovided
4.1.5 LEED certification B214T"'-2007 Not rovided
§ 4.1.6 Fumiture, fumishings, and equipment Not orovided
desi (B253T"'-2007)
PAGE 13
To be determined.
Additiona end Dele6ona Reportfor AIA DocumeM C13Y° —2009 (formerly 8801 "'CMa-1992�. Copynght01873, 1980, 1892 and 2009 by The Amerimn
InsSNte ofArchitects. All dghta reserved WARVING This AIA�' Oocument is protected by U.S. Copyright Law and International Treaties. Unauthnrized 5
reprotluction ordistribution of this AIA � Oocvment, or any portion of it, may �esWl in sevem civil and criminal penalties, antl will be pmset.uled to the
mazimum ertent possible under lhe law. This dxumentwas pro0uced by AIA saftware at 13:52:35 an 02/14@012 under OMa No.0342949863_i which e�ires
on 07Y27/20'12, and is not for resale.
(1347839086)
User Notes:
§ 4.3.3 If the services covered by this Agreement have no[ been comple[ed within 'Ihir[v- six ( 36 ) mon[hs of the
date of this Ageement, through no fault of the Cons[ruMion Manager, e�ctension of the Construction Managa's
services beyond that time shall be compensated as Additional Services.
§ 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner
regarding requirements for and limitations on the Roject, including the OwnePs program, other objectives, schedule,
constrainis and cri[eria, special equipmen[, systems, and site requiranenis. Within 15 days after receipt of a written
request from the ConsWCtion Manager, the Owner shall fumish [he requested information as necessary and relevant
for the ConsWction Manager to ' , � ° °`, �' °^` '°° °°; "°° `';,'"". '`"°� orovide its services under
this Proiect.
PAGE 14
§ 5.4 The Owner shall retain an Architect or en�to provide services, duties and responsibilities as described in
AIA Document B132-2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as
Adviser Edition. The Owner shali provide the Construction Manager a copy of the exew[ed agreement between the
Owner and Archi[ec[, and any furfher modifications to the ageement.
PAGE 15
§ 6.2 The Owner's budget for the Cost of [he Work is provided in Initial Information, and may be adjusteA Uvoughout
the Project as required under Sec[ions 5.2 and 6.4. Evaluations of the Owner's budget, preliminary estimates for ihe
Cast of the Work and detailed estimates of the Cost of the Work prepazed by the Construc[ion Manager represent the
Construction Manager's judgment as a person or entity familiar with the construction industry It is recognized,
however, that neither the Constrvdion Manager nor the Owner has control over the cost of labor, materials or
equipment, over Contractors' methods of determining bid prices, or wer compe[itive bidding, market or negotia[ing
conditions. Accordingly, subiect [o the provisions of Section 1 L2, the ConsWdion Manager canno[ and dces not
warrant or represent that bids or negotia[ed prices will not vary from [he budge[ proposed, established or approved by
the Owner, or from any cost estimate or evalua[ion prepared by the Construction Manager.
PAGE 16
§ 8.1.3 The Construdion Manager shall indemnify and hold the Owner and the Owner's officers and employees
harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable
attorneys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent
acts or omissions of the Construction Manager, its employees and its consul[ants in the performance of professional
servicesunderthisAgreemen[.T'- _. a.. :_a......•a.�......_,._....ae...�,:..
[ X � Arbitration pursuan[ to Section 83 of this Agreement
PAGE 77
§ 9.1 If the Owner fails to make payments to the ConsVUdion Manager in accordance with this Agreement, such
failure shall be wnsidered substantial nonperformance and cause for [ermina[ion or, at the ConsWction Manager's
option, cause for suspension of performance of services under this Agreement. If the Construction Manager elects to
suspend services, the Construction Manager shall give seven days' written notice to the Owner before suspending
___ _,-=�. services due to nonoavment. In the event of a suspension of services, the Construction Manager shall have no
liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming
services, the ConsWCtion Manager shall be paid all sums due prior to suspension and any expenses incurred in the
in[erruption and resumption ofthe ConsWc[ion Manager's services. The ConsUUdion Manager's fees for [he
remaining services and [he [ime schedules shall be equitably adjusted.
Mditiona and Deletion� Report for AIA DocumeM C173"' — 2009 (formarly B801 "'CMa —1993�. Copynghl01973, 1980, 1992 and 2009 by The Amencan
InsliWte ofMhi4cts. All rights nserved. WARVING This AIA Oocument is pmlected by LL5. Copyright Law and International Treaties.lJn:wthurized 6
mproduction or disM6ution of lhis NA Doa:ment, or any portion of it, may result in sevem r.ivil and criminal penalties, and will be pmsewted to the
ma:imum entent possible under tlie law. This documentwas produced by AIA sdlware at 13:52:35 on 02/14/2012 under Order Na.0342949863_t which e�ires
on 0727@012, end is nolfor resale.
UserNOtes: (1347839086)
§ 9.2 If the Owner suspends fhe Project, fhe ConsWCtion Manager shall be compensated for services performed prior
to notice ofsuch suspension. '� �°- - —°' •`° ^°--'-� ^ *"^^^^°- °�°u `- °°—_e-....•_,, � -
. The Construdion
Managa's fees for the remaining services and the time schedules shall be equitably adjusted.
§ 9.3 If fhe Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the
ConsWc[ion Manager, the ConsVUCtion Manager may [erminate this Agreement by giving no[ less than seven days'
written no[ice. In such event ihe ConsWction Manaser shall be entitled to reasonable overhead and compensa[ed for
services performed orior to termination but in no event shall ConsWction Manaeer be entitled to wnseauential
damases or lostprofits.
§ 9.4 Either party may termina[e this Agreement upon not less than seven days' writta� notice should the other party
fail substantially to perform in accordance wi[h the terms ofthis Ageement through no fault of the party ini[iating [he
termination. In such event the ConsWdion Manaser shall be entitled to reasunable overhead and comoensated for
services oerformed prior to termination bu[ shall not be en[itled to anv consequential damaees or lost orofits.
§ 9.5 The Owner may tertninate this Agreemen[ upon not less than seven days' writcen notice to the ConsWC[ion
Manager for the Owner's convenience and without cause. In such event the Construction Manaeer shall be enfitled [o
reasonable overhead and comnensated for services oerformed orior to termination bu[ in no event shall Consfruc[ion
Manaeer be entitled [o consequen[ial damaees or lost orofits
§ 9.6 In the event of termination not the fault ofthe Construction Manager, the ConsWction Manager shall be entitled
to reasonable overhead and compensated for services performed prior to
... termina[ion but in no event shall
Construc[ion Manaeer be entiHed to conseauential damaees or lost profits
§ 9.7
�__..._....:,._ ,,,r.,___.._ _� ..,.. � ...�. ��e.. omitted.
C. �. � f .. . ...
§ 9.7.1 In the event of termination for the Owner's convenience prior to commencement of construction, the
Construction Manager shall be entitled to receive payment for services performed, casts inwrted by reason of such
termina[ion and reasonable overhead end-prefiEon Preconstruction services not comple[eA during the Preconstruc[ion
Phase. In no event shall Construction Manaeer be entiNed [o consequen[ial damaees or lost profits
§ 9.7.2 In the event of termination for the Owner's convenience after commencement of construction, the
Construction Manager shall be enUtled to receive payment for services performed and costs incurred by reason ofsuch
termina[ioq along with reasonable overhead — , - '°'° a a •� - � - °'"° `'^^°`"'"""° °`"°" but in
no event shall Construction Manaeer be entitled to consequential damaees or lost orofi[s
PAGE 19
§ 10.8' '- - F_ e,.•�., �� a -
��
. Intentionallv
omitted.
S[ioulated sum ofTen Thousand Dollars ($10.000)
See Section 3 2 23 for staffine olan and schedule requirements.
Additions antl Deletlona Report (or AIA DocumeM C132"' — 2009 (TOrmerly B801 TMCMa —1992). Copyright m 1973, 7980, 1992 and 2009 by The American
InsfiNte o(Architects. All dghh �aserved. WARYING This AIA�' Document Is pmlected by US. Copyright Law and In[ernational Treaties. llnauthorized �
reproduction ortlistrihuiion of this AIA'� Gocument, or any portion of it, may resWt in severe r,ivil and criminal penalties, anA will be prosec.uted lo the
maximum ezlent possible uneler tlie law. This documenlwas produced byAlA so(lware at 13:52:35 an 02/14/2012 underOrder No.0342949863_1 which e�Wires
on 0727/2012, and is no[fa resale.
USelNotea: (1347839086)
S�ulated Sum of Fiftv-Four 17�ousand Dollars ($54,0001
As muluallv a�eed uoon bv the Construction Manaeer and Owner in writine.
As mutuallv aareed upon bv the ConsWdion Manaeer and Owner in writina.
As mu[uallv a�eed uoon bv che Constrvc[ion Manaeer and Owner in writina.
As aoorwed bv Owner in writine.
PAGE 20
§ 71.6.2 For Reimbursable Expenses the compensation sha�l be [he expenses incurred by the ConsWC[ion Manager
and the Construction Manager's consultanLS plus three percen[ ( 3%) of the expenses incurred.
§ 11.7.1 M initial payment of ($ 5 000 shall be made upon execution of this Agreement and is the minimum
payment �mder this Agreement. @ shall be credited to the Owner's account in the final invoice.
§ 11.7.2 Unless otherwise agreed, paymen[s for services shall be made monthly in proportion to services performed.
Paymenfs are due and payable upon presentation of [he ConsWc[ion Manager's invoice. Amounts unpaid Six ( 60
) days after the imoice date shall bear interest at the rate en[ered'�°'--° -- �- "- -`°°-°° •'-°_..�r..« .�.e ie,.,.i ..,.e
_:�:__ �__ .: ..� . __:_ .:_..i _i..,.e �c�.....:..e.... ,.a«�.o �,......_._.: .._ �..._.._ _ below.
e r r r
9% Nine Percent oa annum.
The ConsWCtion Manaeer acknowledees the Proiect is a public works oroiect and as such Construction Manaeer
shall ensure that all contracts will comolv with all applicable local state and federal laws relatina to oublic works
oroiects in the State of Missouri.
'Ihe ConsWc[ion Manaeer and Owner aclmowledee that oart of the Cos[s of Work are beine fimded bv Communiri
Develooment Block Grant ("CDBG") funds and tha[ the ProiecPs eneineerin¢ and construction manaeement costs are
beine oaid solelv from Owner's funds unrelated to the anv CDBG funds.
PAGE 21
Exhibits A and B
Atltlltlona and Deledana Report for AIA Document C73Y"' —2009 (fortnerly B807 "'CMa— 7993�. Copyright� 1973, 7980, 7992 and 2009 by The Ameriren
Instltute ofArchitects. All righ4 reservad. WARNMG This AIA�' Oocument is pmtected by U.S. Copyright Law antl Intemational Treaties. Un:�uthnrized 8
reprotluction ordistribution of this FIA Document, orany portion of it, may result in severc civil and criminal penalties, and will be prosecuted to the
mazimum e�Rent possible untler tlie law. This documentwas D�duced by AIA software at 13:52:35 on 02/14/2012 under Order No.0342949863_7 which e�ires
on 07/27/2072, and is notfw resale.
User NMes: (1347839086)
Certificafion of Document's Aufhenticity
AIA� Document D401TM' — 2003
I, Chad W. Lamer, hereby certify, [o the best of my knowledge, information and belief, that 1 created the attached final
document simultaneously with ik associa[ed Additions and Dele[ions Report and this certification at I3:52:35 on
02/14/2012 under Order No. 0342949863 1 from AIA Contract Documents software and tha[ in preparing the
attached final document T made no changes [o the original tent of AIA� Document C132T"' — 2009, Standard Form of
Agreement Be[ween Owner and Construction Managa as Adviser, as published by the AIA in i[s software, other than
those addi[ions and deletions shown in [he associated Additions and Deletions Report.
(Signed)
(Title)
(Dated)
AIA Document 6I07° — YOOJ. CopyngM 01992 and 2003 byThe Amencan Ins6tute of Architects. All dghb reserved. WARNING: This AIA"' Oocument is
protectetl hy U.S. Copyright Law and Intemational Treaties. Unauthorized repraduction or disiribution oHhis AIA� Oocument, orany portian of it, may .�
result in severe civil and criminal penallies, and will be proseculed to the maximum extent possible underthe law. This documentwas po0uced byAlA
software at 13:52:35 on 02/14/2012 under Order No.0342949863_7 which e�ires on 07/27/2012, and is not for resale.
UserNOtes: (1347839086)
� Exhibit A
- � : 4 �,�• .v., . "' ._ ..
` .
\ '
\
MATTOX ROAD
PRELIMIfUARY ENGINEERING REPORT
FOR
THE CITY OF RIVERSIDE, MISSOURI
PREPARED FOR:
City of Riversfde, Missouri
2960 NW Vfvion Road
Riverside, MO 64150
PREPARED BY:
Olsson Associates
1251 NW Briarcliff Pkwy, Ste. 50
Kansas City, MO 64116
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DECEMBER 2011
OA PROJECT NO. OOJ-'I B32
CITY OF RIVERSIDE
Horizons Sewer Preliminary Engineering Report
The purpose of this study is to provide a preliminary engineering report to the City of
Riverside, Missouri for the reconstruction of Mattox Road from 41°' Slreet to the Burlington
Northern Right of Way in the Horizons Development District and the expansion of the
sanitary sewer collection system to service a new area for development within thai District.
This study includes a discussion of the project and lhe need for the improvements.
1.0 Background
The City of Riverside, Missouri is in the process of developing additional parcels along
Mattox Road located within the Horizons Development District. Current access along
Mattox Road is provided via a two lane, low service road with limited capacity. The area
along Mattox is not serviced by sanitary sewer or adequate stormwater control. Coniinued
economic activiry in the area, and specifically on Mattox Road, has necessitated the need to
provide adequate infrashucture necessary for the successful and safe operation of business
and industry. Recently, the city completed the instailalion of new sewer lines and a new
collector status road at 41 st Street to service the area adjacent to Matrox Road. It is
anticipated that the location of the recent improvements will serve as the starting point for
ihis construction.
2.0 Description of Need �
The existing Mattox Road from 41 °' to the Burlington Northem Ric�ht of Way is a 2 lane rural
section road with a thin layer asphalt surtacing. The road is 24 feet wide with ditches on
hoth sides as well as water, electric and gas ulilities located within the right of way. The
road currenNy carries little traffic as lhe existing business which abuts the west side of this
road receives less than 10 trucks per day and lhe business located along the east side of
this road sends inost of its traffic directly on to the new 41" Street alignment. It is
anlicipated that the proposed development will substantialiy increase the lraffic volume
currently seen on lhis portion of Maltox Road and wuuld quickly break down ihe existing
pavement section. In addition to the future road issues the available business sites a�ong
Mattox Road which do not abut of the 41" right of way do not currently have public sanitary
sewer access. �s part of this project public sanitary sewer will be extended to the proposed
site as well as the existin,y business abutting Mattox Road.
Olsson Project No. 009-1632 Pac7e 1 of 5 December 2011
CITY OF RIVERSIDE
Horizons Sewer Preliminary Engineering Report
3.0 Existing Facilities
As stated above and as shown on Figure 1, the city has already completed the installation
41" Street and the collection system adjacent to 41" Street.
4.0 Project Alternatives
For the proposed improvements there are no apparent economically viable alternalive
routes as the road currently resides within the existing right of way and attaches to an
existing road nelwork at se[ points. The road will be designed to meet the Kansas City
Chapler, American Public Works Associalion Standards. To meet lhese standards the
proposed width of the road would be approximated AO wide for the three lane sections and
28 feet for the two lane seclions. Two possible cross sections were considered for this
project and are described below.
The first option includes a cross section that is a 40 foot wide lhree lane section from 41 °'
street, Northbound until intersecting with the current quite zone at the rail road. This section
would require the acquisition of additional right of way and the relocation of gas, water, and
electric utilities. Additionally, the full three lane option would require changing the existing
storm water detention basin at lhe new Johnson ConVols facility completed in 2012.
The second option would use both a lwo lane cross section and a three lane cross section.
In this scenario, Mattox Road belween 41" and 43r Streets would be designed as a three
lane section and Ihe roadway from A3"' to the BNSF quite zone connection would be
designed as a 2 lane section. As part of this option the waler lines would need to be
realigned while lhe other existing utilities could remain in place.
In both scenarios the corridor would be upyraded with new storm sewer to address the
drainage issues. A new sanitary sewer would be installed to service both the existing
business as well as the proposed business. Under both scenarios, lhe pavement
thicknesses and subgrade improvements remain the same.
Olsson Project No. 009-1632 Pa�e 2 of 5 December 2011
CITY OF RIVERSIDE
Horizons Sewer Preliminary Engineering Report
5.0 Recommended Alternative
In reviewing the options as presented above, Option 2 appears to be the most economically
advisable solution. This option reduces the disturbance of existing utilities and still provides
lhe level of service needed for future industries. Given the number of trucks anticipated for
the new development along with the traffic flow ge�erated by the existing business, the two
lane section will be adequate for the road section at the north end of the alignment and the
addition of turn lanes for 41" and 43r streets will ailow for smooth tra�c operations at those
particular intersections.
Estimated cost for the total recommended project is shown in Table 1. The costs are in 2011
dollars and include a � 0% contingency.
Table 1.
Item Item Description Unit Cost Quantity Units Subtotal
1 Clearing and Gnibbing $10,000.00 1 LS $10,000.00
2 Contractor Construction Staking $15,000.00 1 LS $15,000.00
3 Mobifization $50,000.00 1 LS $50,000.00
4 Asphalt Removal $1.00 5600 SY $5,600.00
5 Cut - On-site $3.00 10U0 CY $3,000.00
6 Fill - On-site �5.00 1000 CY $5,000.00
7 Fill - Barrow $10.00 2000 CY $20,000.00
B 9" Ply Ash Stabilization $5.00 8650 SY $43,250.00
9 2" Asphal[ Surface $8.00 7200 SY $57,600.00
10 9" Asphalt Base $30.00 7200 SY $216,000.00
11 4" Concrete Sidewalk $4.00 7000 SF $28,000.00
Olsson Praject No. 009-1632 Payu 3 n( 5 December 2011
CITY OF RIVERSIDE
Horizons Sewer Preliminary Engineering Report
12 ADA Ramps $1,500.00 5 EA $7,500.00
13 Curb and Gutter $12.00 4500 LF $54,000.00
14 Curb Inlet (4'x3') $4,000.00 16 EA $64,000.00
15 Storm Sewer 15" RCP $55.00 520 LF $28,600.00
16 Storm Sewer 18" RCP $75.00 500 LF $37,500.00
17 Storm Sewer 24" RCP $85.00 425 LF $36,125.00
16 End Section 15" RCP $600.00 2 EA $1,200.00
19 End Section 24" RCP $1,000.00 1 EA $1,000.00
20 Pavement Marking 4" Stripe $1.50 8500 LF $12,750.00
21 Pavement Marking Arrow $250.00 6 EA $1,500.00
22 Signage $4,000.00 1 LS $4,000.00
23 10" DIP Water Main Relocation $50.00 1400 LF $70,000.00
24 Connect To Exist. San. Sewer $500.00 1 EA $500.00
25 15" PVC SDR-26 $85.00 300 LF $25,500.00
26 12" PVC SDR-26 $65.00 75D LF $48,750.00
27 0" PVC SDR-26 $60.00 900 LF $54,000.00
28 6" PVC SDR-26 $45.D0 300 LF $13,500.00
29 15"x6"Tee $500.00 2 FA $1,U00.00
30 12"xG'Tee $500.00 2 EA $1,000.00
31 4' ID Manhole (6') $4,000.00 5 [A $20,000.00
32 Extra Depth $250.00 25 VF $6,250.00
Olsson Project No. 009-1632 Pae�e 4 of 5 December 2011
CITY OF RIVERSIDE
Horizons Sewer PreJiminary Engineering Repo►t
33 Dewatering $100,000.00 1 LS $100,000.00
34 Seed, Sod, Fertilize, Mulch $30,000.00 1 LS $30,000.00
35 Traffic Control $15,000.00 1 LS $15,000.00
36 Erosion Control $10,OOD.00 1 LS $10,000.00
37
Sub-Total $1,072,125.00
15% $160,818.75
Contingency /
Total $1,232,943.7& ��
Olsson Project No. 009-1632 Page 5 0( 5 December 201 t
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Exhibit B
Mattoz Road Staffin¢ Chart and Resoonsibiliri Outline
Construction Manaaer-Briarciiff Realtv lNorthPOintl
- This is a basic outline ot responsibilities of the CM and is not to conflict or limit the
responsibilities of the CM as outlined in the CM Agreement and to the extent there is a conflict
between the CM Agreement and this Staffing Chart, the CM Agreement shall govern the duties
of the CM.
1. Coordinate Weekly Meetings between Owner, Engineer/Architect to review Construction
Documents from Conception thru 100% Bid Documents.
2. Review ConstruMion Drawings with Engineer to evaluate any areas for cost savings or cost
increase risks.
3. Develop Construction Cost Budget including design costs, special inspection costs and any other
construction related items
4. Coordinate with City Staff and assist in the Community Development Block Grent Funding
Process, Acquisition of any necessary Right of Way/Easements, and any other areas to get the
project to the point where field construction can occur.
5. Set Up Pre Bid meetings necessary to bid the project
6. Collect all RFI's during the bidding process and work with the City and Engineer to properly
answer any questions relating to bid documents. Make recommendations to City and Engineer
on any items for potential risk or cost savings.
7. Receive eids and review for a final recommendation to the Staff and Board for approval.
8. Coordinate all construction related schedules with Contractors.
9. Provide On Site supervision including daily logs, photos, and inspections for the City's review
and documentation.
10. Keep track of all field changes and RFI's during the construction process.
il. Hire and coordinate ali special inspections and testing required by City requirements for
acceptance of improvements.
12. Coordinate any surveying necessary outside of contractor's responsibilities.
13. Coordinate final punch list items necessary for the City to accept completed improvements.
Citv Staff
1. Lead and coordinate any Right of Way purchase or swap necessary to allow the construction
timeline to begin. CM will help coordinate but staff will take the lead.
2. Provide direction on Design documents with the help of the Engineer and CM to communicate
the goal of the City in building the specified improvements.
3. Review Construction Drawings [o confirm that the designed improvements are adequate for the
City and represents the specified improvements that are needed.
4. Coordinate the Community elock Grant Funding program with the State in order to acquire
funding. CM will assist City staff in submissions and approval process.
5. City staff shall be available to answer any questions relating to projects in order to provide
guidance to the engineers and CM.