HomeMy WebLinkAbout2002-042 - Construction Management ContractBILL NO.~~~~-~~
ORDINANCE NO.: ~ "~;: ~;~~ ''-.~~
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A
CONSTRUCTION MANAGEMENT CONTRACT.
WHEREAS, the City of Riverside, Missouri ("City") desires to engage the services of a
construction manager pursuant to Section 8.675 et sec/. R.S.Mo. to perform construction
management services in connection with a proposed public safely facility for the City; and
WHEREAS, the City advertised and solicited proposals in conformance with Section
8.679 RS.Mo.; and
WHEREAS, the City has considered the factors sc~ forth in Section 8.68 L R.S.Mo. and
determined that McCown Gordon Construction, L.L.C, should be selected as
construction manager for the project.
BE IT ORDAINED BY TI~IE BOARD OF ALDERMEN FOR THE CITY OF
RIVERSIDE, MISSOURI, AS I~OLLOWS:
SECTION I. The City engages McCown Gordon Construction, L.L.C. to perform
construction management services for the City pursuant to the terms and conditions of the
Agreement attached hereto as Exhibit A.
SECTION 2. The execution and delivery of the Agreement, in substantially the form
attached hereto as Exhibit A, is approved, the Mayor is authorized to execute the Agreement on
behalf of this City, and the execution of the Agreement being conclusive evidence of such
approval.
SECTION 3. This Ordinance shall be in full force and effect from and after its passage
and approval.
--r,
PASSED AND APPROVED THIS;'`,' ~~`DAY O~ MARCH, 200?.
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ATTEST: ~ /,j, ~ ~~ z /~y ~, ~.c~~.
Citq'Clerk Mayor
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Standard Form of Agreement Between Owner and
Construction Manager where the Construction Manager
is NOT a Constructor
AIA Document B801/CMa -Electronic Format
'T'HIS DOCUMEN"]~ HAS IMPORTANT LEGAL CONSEQUENCES; CONSUL"('ATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS
COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT NIAY BE MADE BY USING AIA
DOCUMENT D401.
This document is intended to be used in conjunction with [he 1992 editions of AfA Documents B141/CMa, A101/CMa and A20 UCNI a.
Copyright 1973, 1980, copyright 1992 by The American Institute oCArchitects, 1735 New York Avenue, N.W., Washineton, D.C., 20006-292. Reproduction of the
material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United S[a[es and will subject the
violator to legal prosecution.
AGREEMENT
made as of the day of February in the year of Two Thousand Two
(!n words, indicate dny, month and year)
BETWEEN the Owner:
(Nome mrd ndrlressl
City of Riverside
2950 N.W. Vivion Road
Riverside, Missouri 64150
and the Constriction Manager:
(Nanre and address)
McCown Gordon Construction, L.L.C.
One W. Armour Blvd., Suite 200
Kansas City, iViissotui 64111
for the following Project
(/nchrde detniled rlescriptian ojProject, Iocntion, address and scope.)
Public Safety Building
Riverside, Missouri
The Architect is:
(Name and nddress)
To Be Determined
The Owner and Construction Manager agree as set forth below
~9 AIA DOCUMBM BSO VCNta -OWNER-CONSTRUC"PION MANAGER AGREEMENT - 1992 F.DI"LION -AIA -COPYRIGHT 1)92 -THE AMERICAN
INSTITUTE OP ARCHITECTS, 173 NEW YORK AVENUE, N.W., WASHINGTON, D.C-, 20006-292. Unlicensed photocopying violates U.S. copyright laws and
is subject to legal prosecution. This document was electronically produced with permission of the :AIA and can be reproduced without violation until the date of
expiration as noted below. User Documenr 680130.doc -- 3/6/2002. AIA License Number 101 Z»3, which expires on 10/302002.
Electronic Format B801/CMa-]992
Terms and Conditions of Agreement Between Owner and Construction Manager
ARTICLE 1
CONSTRUCTION MANAGER'S
RESPONSIBILITIES
1.1 CONSTRUCTION MANAGER'S SERVICES
1.1.1 The Construction Manager's services consist of those
services performed by the Construction Manager, Construction
Manager's employees and Construction Manager s consultants
as enumerated in Articles 2 and ~ of this Agreement and any
other services included in Article 14.
1.1.2 The Constntction Manager's services shall be
provided in conjunction with t}re services of an Architect as
described in the edition of AIA Document B141/CMa,
Standard Form of Agreement Between Owner and Architect,
Construction Manager-Adviser Edition as modified, current as
of the date of this Agreement.
1.1.3 The Construction Manager shall provide sufficient
organization, personnel and management to carry out the
requirements of this Agreement in an expeditious and
economical manner consistent with the interests of the Owner
and in conjunction with the services of the Architect.
1.1.4 The services covered by this Agreement are subject to
the time ]imitations contained in Subparagraph 13.5.1.
ARTICLE 2
SCOPE OF CONSTRUCTION MANAGER'S
BASIC SERVICES
2.1 DEFINITION
2.1.1 The Constmction Manager's Basic Services consist of
those described in Paragraphs 2.2 and 2.3 and any other
services identified in Article 14 as part of Basic Services.
2.1.2 The Pre-Construction Phase will commence on a date
to be fixed in a notice to proceed issued by the Owner,
provided, however, that prior to such date the Owner may
request and the Construction Manager shall provide, as part of
Basic Services, incidental services in connection with the
Owner's consideration of prospective architects and selection
of the Architect.
2.2 PRE-CONSTRUCTION PHASE
2.2.1 The Construction Manager shall review the program
furnished by the Owner to ascertain the requirements of the
Project and shall arrive at a mutual understanding of such
requirements with the Owner.
2.2.2 The Construction Manager shall provide a
preliminary evaluation of the Owner's program, schedule and
construction budget requirements, each in terms of the other.
2.2.3 Based on early schematic designs and other design
criteria prepared by the Architect, the Construction Manager
shall prepare preliminary estimates of Construction Cost for
program requirements using area, volume or similar
conceptual estimating techniques. The Construction Manager
shall provide cost evaluations of alternative materials and
systems.
2.2.4 The Construction Manager shall expeditiously review
design documents during their development and advise on
proposed site use and improvements, selection of materials,
building systems and equipment, and methods of Project
delivery. The Construction Manager shall provide
recommendations on relative feasibility of construction
methods, availability of materials and labor, time requirements
for proctuement, installation and construction, and factors
related to conshtction cost including, but not limited to, costs
of alternative designs or materials, prelirinary budgets, and
possible economies.
2.2.5 The Construction Manager shall prepare and
periodically update a Project Schedule for the Architect's
review and the Owner's acceptance. The Construction
Manager shall obtain the Architect's approval for the portion
of the preliminary project schedule relating to the performance
of the Architect's services. In the Project Schedule, the
Construction Manager shall coordinate and inte~ate the
Construction Manager's services, the Architect's services and
the Owner's responsibilities with anticipated construction
schedules, highlighting critical and long-lead-time items.
2.2.6 As the Architect progress with the preparation of the
Schematic, Design Development and Construction Documents,
the Construction Manager shall prepare and update, at
appropriate intervals agreed to by the Owner and ,
Construction Manager ~ ^-~~~, estimates of
Construction Cost of increasing detail and refinement. The
estimated cost of each Contract shall be indicated with
supporting detail. Such estimates shall be provided for the
Architect's review and the Owner's approval. The Construction
Manager shall advise the Owner and Architect if it appears
that the Constuction Cost may exceed the latest approved
Project budget and make recommendations for corrective
action.
2.2.7 The Construction Manager shall consult with the
(~ AIA DOCUNIEN"T B3000Ma -OWNER-CONSTRUCTION MANAGER AGREENIPN"I - 1992 EDITION -AIA -COPYRIGHT 1992 -THE AMERICAN
INSTITUTE OF ARCI IITECTS, 173 N6W Y"ORK AVENl1 E, N-W., WASHINGTON, D.C., 200065292. Unlicensed photocopying violates US. copyright laws and
is subject W legal prosecution- This document was electronically produced with permission of the AIA and can be reproduced without violation until [he date of
expiration as noted below. user Docu mem: Bfi0130.doc -- 3/6/2002. AIA License Number 1012?~3, which expires on 10/31/2002.
Electronic Format BSO1/CMa-1992
2
Owner and Architect regarding the Construction Documents
and make reconunendations whenever design details adversely
affect constructibiliry, cost or schedules.
2.2.8 The Construction Manager shall provide
recommendations and information to the Owner and Architect
regarding the assignment of responsibilities for temporary
Project facilities and equipment, materials and services for
common use of the Contractors. The Construction Manager
shall verify that such requirements and assignment of
responsibilities are included in the proposed Contract
Documents.
2.2.9 The Construction Manager shall provide
recommendations and information to the Owner regarding the
allocation of responsibilities for safety programs among the
Contractors.
2.2.10 The Construction Manager shall advise on the
division of the Project into individual Contracts for various
categories of Work, including the preparation and review of all
bid documents and the method to be used for selecting
Contractors and awarding Connacts. If multiple Contracts are
to be awarded, the Construction Manager shall review the
Construction Documents and make recommendations as
required to provide that (1) the Work of the Contractors is
coordinated, (2) all requirements for the Project have been
assigned to the appropriate Contract, (3) the likelihood of
jurisdictional disputes has been minimized, and (4) proper
coordination has been provided for phased construction.
2.2.11 The Constmction Manager shall prepare a Project
construction schedule providing For the components of the
Work, including phasing of construction if needed, times of
commencement and completion required of each Contractor,
ordering and delivery of products requiring long lead time, and
the occupancy requirements of the Owner. The Construction
Manager shall provide the current Project construction
schedule for each set of bidding documents.
2.2.12 The Construction Manager shall expedite and
coordinate the ordering and delivery of materials requiring
long lead time.
2.2.13 The Construction Manager shall assist the Owner in
selecting, retaining and coordinating the professional services
of surveyors, special consultants and testing laboratories
required for the Project.
2.2.14 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. The Construction Manager shall
make recommendations for actions designed to minimize
adverse effects of labor shortages.
2.2.15 The Construction Manager shall assist the Owner in
obtaining information regarding applicable requirements for
equal employment opportunity programs for inclusion in the
Contract Documents.
2.2.16 Following the Owner's approval of the Constmction
Documents, the Construction Manager shall update and submit
the latest estimate of Construction Cost and the Project
constnuction schedule for the Architect's review and the
Owner's approval.
2.2.17 The Construction Manager shall submit the list of
prospective bidders for the Architect's review and the Ownei s
approval.
2.2.18 The Construction Nlana~er shall develop bidders'
interest in the Project and establish bidding schedules. The
Construction Manager, with the assistance of the Architect,
shall issue bidding documents to bidders and conduct prebid
conferences with prospective bidders. The Construction
Manager shall assist the Architect with regard to questions
from bidders and with the issuance of addenda.
2.2.19 The Construction Manager shall receive bids, prepare
bid analyses and make recommendations to the Owner for the
Owner's award of Contracts or rejection of bids.
2.2.20 The Construction Manager shall assist the Owner in
preparing Construction Contracts and advise the Owner on the
acceptability of Subcontractors and material suppliers
proposed by Contractors.
2.2.21 The Construction Nfanager shall assist the Owner in
obtaining building pemuts and special permits for permanent
improvements, except for permits required to be obtained
directly by the various Contractors. ~''~° r'°~^«^.,.«;,.., r,r^..^^
5
The Construction Manager shall assist the Owner
and Architect in connection with the Owner's responsibility for
filing documents required for the approvals of govemmenta]
authorities having jurisdiction over the Project.
2.3 CONSTRUCTION PHASE -
ADMINISTRATION OF THE
CONSTRUCTION CONTRACT
2.3.1 The Construction Phase will commence with the
award of the initial Construction Contract or purchase order
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after final payment to al] Contractors is due.
2.3.2 The Construction Manager shall provide
administration of the Contracts for Construction in cooperation
with the Architect as set forth below and in the edition of AIA
Document A201/CMa, General Conditions of the Contract for
C9 AIA DOCUMENT B80 VCMa -OWNER-CONS-iKUC"f10N MANAGER AGRF,EM EN~r - 1992 EDITION - tVA - CONYRIGt~IT 19')2 - ~IIiE AMERICAN
INSTITUTE OF ARCHfCHChS, U35 NEW YOKK AVENUE, N.W., WASHINGTON, D. C., 20006-x292. Unlicensed photocopying violates U.S. copyright laws and
is subject to legal prosecutiun. This document was electronically produced wi tl~ permission of the AIA and can be reproduced without violation until the date of
expiration us noted below. User Document: BS0130.doc -- 3/6/2002. AfA License Number 1012.»3, which expires on 10/3 U2002.
Electronic Format B801/CMa-1992
3
Construction, Construction Manager-:adviser Edition as
modified, current as of the date of this Agreement. The
Administration by the Construction Manager shall include a
separate full-time, on site field superintendent.
2.3.3 The Construction Manager shall provide
administrative, management and related services to coordinate
scheduled activities and responsibilities of the Contractors
with each other and with those of the Construction Manager,
the Owner and the Architect to endeavor to manage the Project
in accordance with the latest approved estimate of
Construction Cost, the Project Schedule and the Contract
Documents.
2.3.4 The Construction Manager shall schedule and
conduct meetings to discuss such matters as procedures,
progress and scheduling. The Construction Manager shall
prepare and promptly distribute minutes to the Owner,
Architect and Contractors.
2.3.5 Utilizing the Construction Schedules provided by the
Contractors, the Construction :Manager shall update the Project
constntction schedule incorporating the activities oFthe
Contractors on the Project, including activity sequences and
durations, allocation of labor and materials, processing of
Shop Drawings, Product Data and Samples, and delivery of
products requiring long lead time and procurement. "the
Project construction schedule shall include the Owner's
occupancy requirements showing portions of the Project
having occupancy priority. The Construction N(anager shall
update and reissue the Project construction schedule as
required to show current conditions. If an update indicates that
the previously approved Project construction schedule may not
be met, the Construction Manager shall recommend corrective
action to the Owner and Architect.
2.3.6 Consistent with the various bidding documents, and
utilizing information from the Contractors, the Construction
Manager shall coordinate the sequence of construction and
assignment of space in areas where the Contractors are
performing Work.
2.3.7 The Construction Manager shall endeavor to obtain
satisfactory performance from each of the Contractors. The
Construction Manager shall recommend courses of action to
the Owner when requirements of a Contract are not being
fulfilled.
2.3.8 The Construction Manager shall monitor the
approved estimate of Construction Cost. The Construction
Manager shall show actual costs for activities in progress and
estimates for uncompleted tasks by way of comparison with
such approved estimate.
2.3.9 The Construction Manager shall develop cash flow
reports and forecasts for the Project and advise the Owner and
Architect as to variances between acntal and budgeted or
estimated costs.
2.3.10 "the Construction Manager shall maintain accounting
records on authorized Work performed tinder unit costs,
additional Work performed on the basis of acntal costs of
labor and materials, and other Work requiring accounting
records.
2.3.11 The Construcion Manager shall develop and
implement procedures for the review and processing of
applications by Contractors for progress and final payments.
2.3.11.1 Based on the Construction Manager's observations
and evaluations of each Contractor's Application for Payment,
the Construction Manager shall review and certify the amounts
due the respective Contractors.
2.3.11.2 The Construction Manager shall prepare a Project
Application for Payment based on the Contractors' Certificates
for Payment.
2.3.11.3 The Construction Manager's certification for
payment shall constitute a representation to the Owner, based
on the Construction Manager's determinations at the site as
provided in Subparagraph 2.3.13 and on the data comprising
the Contractors' Applications for Payment, that, to the best of
the Construction Manager's knowledge, information and belief,
the Work has progressed to the point indicated and the quality
of the Work is in accordance with the Contract Documents.
The foregoing representations are subject to an evaluation of
the Work for conformance with the Contract Documents upon
Substantial Completion, to results of subsequent tests and
inspections, to nvnor deviations from the Contract Documents
correctable prior to completion and to specific qualifications
expressed by the Construction Manager. The issuance of a
Certificate for Payment shall fitrther constitute a representation
that the Contractor is entitled to payment in the amount
certified.
2.3.11.4 The issuance of a Certificate for Payment shall not
be a representation that the Construction Manager has (1)
made exhaustive or continuous on-site inspections to check the
quality or quantity of the Work, (2) reviewed construction
means, methods, techniques, 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 the Contractor's
right to payment or (4) ascertained how or for what purpose
the Contractor has used money previously paid on account of
the Contract Sum.
2.3.12 The Constmction Manager shall review the safety
programs developed by each of the Contractors for purposes of
coordinating the safety programs with those of the other
Contractors. The Construction Manager's responsibilities for
~9 AIA DOCUMENT B60 UCMa -OWNER-CONSTRUCTION MANAGER AGREEMENT - 1)92 EDI"LION -AIA -COPYRIGHT 199'_ - IHE Aw1151LJC:AN
WSTITliTE OF ARCHI"CELTS, U3~ NEW YORK AVENUE, N.W., WASHINGTON, D-C., 20006-5392. Unlicensed phorocopying violates US copyright laws and
is subject to Ieeal prosecution. This document was electronically produce) with permission of the AIA and can he reproduced without violation until the date of
expiration as noted below. User Document 6801 JO.doc -- 3/6/3002 AIA License Number 1012»3, which expires on 10/31/2002.
Electronic Format B80UCMa-1992
4
coordination of safety programs shall not extend to direct
control over or charge of the acts or omissions of the
Contractors, Subcontractors, agents or employees of the
Contractors or Subcontractors, or any other persons
performing portions of the Work and not directly employed by
the Construction Manager.
2.3.13 The Construction Manager shall determine in general
that the Work of each Contractor is being performed in
accordance with the requirements of the Contract Documents,
endeavoring to guard the Owner against defects and
deficiencies in the Work. As appropriate, the Construction
Manager shall have authority, upon written authorization from
the Owner, to require additional inspection or testing of the
Work in accordance with the provisions of the Contract
Documents, whether or not such Work is fabricated, installed
or completed. The Construction Manager, in consultation with
the Architect, may reject Work which does not conform to the
requirements of the Contract Documents.
2.3.14 The Construction Manager shall schedule and
coordinate the sequence of constmction in accordance with the
Contract Documents and the latest approved Project
construction schedule.
2.3.15 With respect to each Contractor's o~~m Work, the
constmction Manager shall not have control over or charge of
and shall not be responsible for constmction means, methods,
techniques, sequences or procedures, or for safety precautions
and programs in connection with the Work of each of the
Contractors, since these are solely the Contractor's
responsibility under the Contract for Construction. The
Construction Manager shall not be responsible for a
Contractor's failure to carry out the Work in accordance with
the respective Contract Documents. The Construction Manager
shall not have control over or charge of acts or omissions of
the Contractors, Subcontractors, or their agents or employees,
or any other persons perfornng portions of the Work not
directly employed by the Construction Manager.
2.3.16 The Construction Manager shall transmit to the
Architect requests for interpretations of the meaning and intent
of the Drawings and Specifications, and assist in the resolution
of questions that may arise.
2.3.17 The Construction Manager shall review requests for
changes, assist in negotiating Contractors' proposals, submit
recommendations to the Architect and Owner, and, if they are
accepted, prepare Change Orders and Construction Change
Directives which incorporate the ArchitecPs modifications to
the Documents.
2.3.18 The Construction Manager shall assist the .Architect
in the review, evaluation and documentation of Claims.
2.3.19 The Construction Manager shall receive certificates
of insurance from the Contractors and verify their compliance
with the Contract Documents. The Construction Manager will
then arx# forward them to the Owner with a copy to the
Architect.
2.3.20 In collaboration with the Architect, the Construction
Manager shall establish and implement procedures for
expediting the processing and approval of Shop Drawings,
Product Data, Samples and other submittals. The Construction
Manager shall review all Shop Drawings, Product Data,
Samples and other submittals from the Contractors for the
purpose of assuring such submittals are in compliance with the
requirements of the Contract Documents. The Construction
Manager shall coordinate submittals with information
contained in related documents and transmit to the Architect
those which have been approved by the Constntction Manager.
The Constntction Manager's actions shall be taken with such
reasonable promptness as to cause no delay in the Work or in
the activities of the Owner or Contractors.
2.3.21 The Construction Manager shall record the progress
of the Project. The Construction Manager shall submit written
progress reports to the Owner and Architect including
information on each Contractor and each Contractor's Work,
as well as the entire Project, showing percentages of
completion. The Construction 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.
2.3.22 The Construction Manager shall maintain at the
Project site for the Owner one record copy of all Contracts,
Drawings, Specifications, addenda, Change Orders and other
Modifications, in good order and marked currently to record
changes and selections made during construction, and in
addition, approved Shop Drawings, Product Data, Samples
and similar required subrrtittals. The Construction Manager
shall maintain records, mate, of principal building
layout lines, elevations of the bottom of footings, floor levels
and key site elevations certified by a qualified surveyor or
professional engineer. The Construction Manager shall make
all such records available to the Architect and upon
completion of the Project shall deliver them to the Owner.
2.3.23 The Construction Manager shall if requested arrange
for the delivery, storage, protection and security of Owner-
purchased materials, systems and equipment that are a part of
the Project until such items are incorporated into the Project.
Charges by third parties for such delivery, storage, protection and
security and other costs incurred by the Construction Manager that
are specifically and exclusively attributable to arranging for such
delivery, storage, protection and security shall be Reimbursable
Expenses, subject to Paragraph 12.2.
2.3.24 With the Architect and the Owner's maintenance
Cy .AIA DOCUMENT 8301/CMa -OWNER-CONSTRUCTION MANAGER AGRELNIEN"f - I)92 EDITION - AlA - COPYRJGH"C 1992 -THE AMERICAN
INSTITUTE OI' ARCIiITECTS, 173 NEW YORK AVENUE, N.W., wASI INGTON, D.C, 20006-5292. Unlicensed photocopyine violates L'.S copyright laws and
is subject to legal prosecution. This document teas electronically produced Frith permission of the AIA and can be reproduced without violation until the date of
expiration as noted below. User DocumenC 880130.doc -- 3/G/2002. AIA License Number 1012553, which expires on 70/31/2002.
Electronic Format B801/CMa-1992
5
personnel, the Construction Manager shall observe the
Contractors' final testing and start-up of utilities, operational
systems and equipment.
2.3.25 When the Construction Manager considers each
Contractor's Work or a designated portion thereof substantially
complete, the Construction Manager shall, jointly with the
Contractor, prepare for the Architect a list of incomplete or
unsatisfactory items and a schedule for their completion. The
Construction Manager shall assist the Architect in conducting
inspections to determine whether the Work or designated
portion thereof is substantially complete.
2.3.26 The Construction Manager shall coordinate the
correction and completion of the Work. Following issuance of
a Certificate of Substantial Completion of the Work or a
designated portion thereof, the Construction Manager shall
evaluate the completion of the Work of the Contractors and
make recommendations to the Architect when Work is ready
for final inspection. The Constntction Manager shall assist the
Architect in conducting final inspections.
2.3.27 The Construction Manager shall secure and transmit
to the Architect warranties and similar submittals required by
the Contract Documents for delivery to the Owner and deliver
all keys, manuals, record drawings and maintenance stocks to
the Owner. The Construction Manager shall forward to the
Architect a final Project Application for Payment upon
compliance with the requirements of the Contract Documents.
2.3.28 „ ~:>,, . „t r.r:.,.:,...~ ,.r ...«t,,._:«,, ,.v
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Insert A: 2.3.29 During the one (1) year correction
period following the date of Substantial Completion, the
Construction Manager shall oversee, monitor and
coordinate the remedial work of the Contractors,
including but not limited to making certain that the
respective Contractors are notified of the extent and
nature of the remedial work which needs to be done; and
that such work is done in a timely and satisfactory
manner.
2.3.30 The Construction Support Activities referred to in
Paragraph 14.4 are included in Basic Services.
Agreement, in addition to the compensation for Basic
Services. The Optional Additional Services described under
Paragraph 3.3 shall only be provided if authorized or
confirmed in writing by the Owner. If services described under
Contingent Additional Services in Paragraph 3.2 are required
due to circumstances beyond the Construction Manager's
control, the Construction Manager shall notify the Owner prior
to commencing such services. If the Owner deems that such
services described under Paragraph 3.2 are not required, the
Owner shall give prompt written notice to the Construction
Manager. If the Owner indicates in writing that all or part of
such Contingent Additional Services are not required, the
Construction Manager shall have no obligation to provide
those services.
3.2 CONTINGENT ADDITIONAL SERVICES
3.2.1 n.,...:,t:,,,. ,.an.:.o~ _o,.. _.,a >,o,..,..~., ,.~ -:,... ~,. ,...
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3.2.2 Providing consultation concerning replacement of
Work damaged by fire or other cause during construction, and
furnishing services required in connection with the
replacement of such Work.
3.2.3 Providing services made necessary by the ternunation
or default of the .Architect or a Contractor, by major defects or
deficiencies in the Work of a Contractor, or by failure of
performance of either the Owner or Contractor under a
Contract for Construction.
3.2.4 Providing services in evaluating an extensive number
of claims submitted by a Contractor or others in comtection
with the Work.
3.2.5 Providing services in connection with a public
hearing, arbitration proceeding or legal proceeding except
where the Construction Manager is party thereto.
Insert B: 3.2.6 Providing the services indicated in
Paragraph 2.3.29 shall not be considered an Additional
Service.
3.3 OPTIONAL ADDITIONAL SERVICES
3.3.1 Providing services relative to future facilities, systems
and equipment.
3.3.2 Providing services to investigate existing conditions
or facilities or to provide measured drawings thereof.
ARTICLE 3 3.3.3 Providing services to verify the accuracy of drawings
ADDITIONAL SERVICES or other information furnished by the Owner.
3.1 GENERAL 3.3.4 Providing services required for or in connection with
3.1.1 The services described in [his Article 3 are not the Owner's selection, procurement or installation of furniture,
included in Basic Services unless so identified in Article 14, furnishings and related equipment.
and they shall be paid for by the Owner as provided in this
S AW DOCUbI I[NT t3S0 UCMa - OWNEK-CONSTRUCTION NI~WACiER ACiREEiVILN~C - 1992 6DI LION - AIA - COPYRIGH~r 1992 - THL AM GRICAN
INSTITUTE OF:ARCHCfECTS, 173 NEW YORK AVENUE, N.W., WASH WGTON, D.C., 20006-392. Unlicensed photocopying violates U.S. copyright laws and
is subject to legal prosecution This document was electronically produced with permission of the AIA and can he reproduced without violation until the dale of
expiration as noted below. User Document F380130.doc-3/6/2002. ALV License Number IOR»3, which expires on 10/31/2002.
Electronic Format 8801/CMa-1992
6
3.3.5 Providing services for tenant improvements.
3.3.6 Providing any other services not otherwise included
in this Agreement.
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide full information regarding
requirements For the Project, including a program which shall
set forth the Owner's objectives, schedule, constraints and
criteria, including space requirements and relationships,
flexibility, expandability, special equipment, systems, and site
requirements.
4.2 The Owner shall establish and update an overall
budget for the Project based on consultation with the
Constnuction Manager and Architect, which shall include the
Construction Cost, the Owner's other costs and reasonable
contingencies related to all of Chese costs.
4.3 If requested by the Construction Manager, the Owner
shall furnish evidence that financial arrangements have been
made to fulfill the Owner's obligations under this Agreement.
4.4 The Owner shall designate a representative
authorized to act on the Owner's behalf with respect to the
Project. The Owner, or such authorized representative, shall
render decisions in a timely manner pertaining to documents
submitted by the Construction Manager in order to avoid
unreasonable delay in the orderly and sequential progress of
the Construction Manager's services.
Insert C: 4.4.1 Owner's Representative. The Owner's
Representative for the Project is hereby designated as_
David Blackburn. They shall have the authority to
approve changes in the scope of the Project and shall be
available during working hours as often as may be
necessary to render decisions and furnish information in
a timely manner. If it becomes necessary to appoint a
successor to such representative, such appointment
shall be communicated to the Construction Manager in
writing within three (3) days of such appointment.
4.5 The Owner shall retain an architect whose services,
duties and responsibilities are described in the edition of AIA
Document B 141iCma, Standard Form of Agreement Between
Owner and Architect, Construction Manager-Adviser Edition,
as modified, current as of the date of this Agreement. The
Terms and Conditions of the Agreement Between the Owner
and Architect shall be famished to the Construction Manager
u~. ~~ ~~~~~~~~~. The Construction Manager shall not be
responsible for actions taken by the Architect.
4.6 The Owner shall furnish structural, mechanical,
chemical, air and water pollution tests, tests for hazardous
materials, and other laboratory and environmental tests,
inspections and reports required by law or the Contract
Documents.
4.7 The Owner shall furnish all legal, accounting and
insurance counseling services as may be necessary at any time
for the Project, including auditing services the Owner may
require to verify the Contractors' Applications for Payment or
to ascertain how or for what purposes the Contractors have
used the money paid by or on behalf of the Owner.
4.8 The Owner shall famish the Construction Manager
with a sufficient quantity of Construction Documents.
4.9 The services, information and reports required by
Paragraphs 4.~ through 4.8 shall be famished at the Owner's
expense, and the Construction Manager shall be entitled to rely
upon the accuracy and completeness thereof.
4.10 Prompt written notice shall be given by the Owner to
the Construction Manager and Architect if the Owner becomes
aware of any fault or defect in the Project or nonconformance
with the Contract Documents.
4.11 The Owner reserves the right to perform construction
and operations related to the Project with the Owner's own
forces, and to award contracts in connection wide the Project
which are not part of the Construction Manager's
responsibilities under this Agreement. The Construction
Manager shall notify the Owner if any such independent action
will interfere with the Constnrction Manager's ability to
perform the Construction Manager's responsibilities under this
Agreement. When performing construction or operations
related to the Project, the Owner agrees to be subject to the
same obligations and to have the same rights as the
Contractors.
4.12 Information or services under the Owner's control
shall be furnished by the Owner with reasonable promptness to
avoid delay in the orderly progress of the Constnuction
Manager's services and the progress of the Work.
4.13 Representatives of the Owner may inspect or review any
services performed by the Construction Manager, and consult
with Construction Manager, at any time during normal
business hours and upon reasonable prior notice to
Construction Manager. Construction Manager shall meet with
Owner at the request of the Owner.
ARTICLE 5
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 Ti r~ r r, ii t, r,o ..,i ,-„~' .'-
rc; AIA DOC U~YIENT H8U VC~la -OWNER-CONS"CKUCIION MANAGER AGF2EENIHNT - 1992 EDITION - AIA - COYYRIGk1T 19)2 -THE AM E4ZICAN
INSTITUTE OF ARCHITIICTS, 173 NEW YORK AVF.,NUE, N.W., WAShIING"rON, D.C., 20006-~29?- Unlicensed photocopying violates U.S. copyright laws and
is subject to legal prosecution. This document was electronically produced with permission of the AL4 ^nd can be reproduced without violation until the date of
expiration as noted below. User Document B8U130.doc --3!6/2002. AIA License Number 1013~?3, which expires on 10/31/2002.
Electronic Format BS01/CMa-1992
7
b
' 1 ~- ^^°~ `~~' "~""° `-^" `°~'. The Construction Cost
shall include the cost of Contracts for Construction with the various
Contractors, the cost to the Owner of any Owner-purchased
materials, systems and equipment, all allowances and contingencies,
required permits, fees, taxes, insurance and payment and performance
bonds, and, except as provided in Subparagraph x.1.3, the
compensation of the Construction Manager and Construction
Manager's consultants.
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Insert D:
5.1.3 Construction Cost does not include the compensation
of the Architect and Architect's consultants, costs of the land,
rights-of-way, financing or other costs which are the
responsibility of the Owner as provided in Article 4. If any
portion of the Construction Manager's compensation is based
upon a percentage of Construction Cost, then Construction
Cost, for the purpose of determining such portion, shall not
include the compensation of the Construction Manager or
Construction Manager's consultants.
5.2 RESPONSIBILITY FOR CONSTRUCTION
COST
5.2.1 Evaluations of the Owner's Project budget,
preliminary estimates of Constmction Cost and detailed
estimates of Construction Cost prepared by the Construction
Manager represent the Construction Manager's best judgment
as a person or entity familiar with the construction industry. It
is recognized, however, that neither the Construction Manager
nor the Owner has control over the cost of labor, materials or
equipment, over Contractors' methods of determining bid
prices, or over competitive bidding, market or negotiating
conditions. Accordingly, the Constmction Manager cannot and
does not warrant or represent that bids or negotiated prices
will not vary from the Project budget proposed, established or
approved by the Owner, or from any cost estimate or
evaluation prepared by the Construction Manager.
5.2.2 No fixed limit of Construction Cost shall be
established as a condition of this Agreement by the furnishing,
proposal or establishment of a Project budget unless such fixed
limit has been agreed upon in writing and signed by the parties
hereto. If such a fixed limit has been established, the
Construction Manager shall be permitted to include
contingencies for design, bidding and price escalation, and
shall consult with the Architect to determine what materials,
equipment, component systems and types of construction are
to be included in the Contract Documents, to suggest
reasonable adjustments in the scope of the Project, and to
suggest inclusion of alternate bids in the Construction
Documents to adjust the Construction Cost to the fixed limit.
Fixed limits, if any, shall be increased in the amount of any
increase in the Contract Sums occurring after execution of the
Contracts for Constmction.
5.2.3 If the Bidding or Negotiation Phase has not
commenced within 90 days after submittal of the Construction
Documents to the Owner, any Project budget or fixed limit of
Construction Cost shall be adjusted to reflect changes in the
general level of prices in the construction industry between the
date of submission of the Construction Documents to the
Owner and the date on which proposals are sought.
5.2.4 If a fixed limit of Construction Cost (adjusted as
provided in Subparagaph X23) is exceeded by the sum of the
lowest bona fide bids or negotiated proposals plus the
Construction Manager's estimate of other elements of
Construction Cost for the Project, the Owner shall:
.1 give written approval of an increase in such fixed
limit;
.2 authorize rebidding or renegotiating of the Project
within a reasonable time;
.3 if the Project is abandoned, terminate in accordance
with Paragraph 93; or
.4 cooperate in revising the Project scope and quality as
required to reduce the Construction Cost.
5.2.5 If the Owner chooses to proceed under Clause
x.2.4.4, the Constmction Manager, without additional charge,
shall cooperate with the Owner and Architect as necessary to
bring the Construction Cost within the filed limit, if
established as a condition of this .Agreement.
ARTICLE 6
CONSTRUCTION SUPPORT ACTIVITIES
6.1 r,. :. :r.. .:a°a ~. rl,°
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h1STITUTG OF ARCHITECTS, 173 NI3W YORK tVV[NUEi, N.w., WASHINGTON, D.C., 20006-292. Unlicensed photocopying violates U.S. copyright laws and
is subject to leeal prosecution- ibis document was electronically produced with permission of the ALA and can be reproduced without violation until the dote of
expiration as noted below. User Document: E33013Qduc -- 3/6/2002. AlA License Number 101253, which expires on IOi31i2002.
Electronic Format B801/CNIa-1992
8
Industry Mediation Rules.
ARTICLE 7
OWNERSHIP AND USE OF
ARCHITECT'S DRAWINGS, SPECIFICATIONS
AND OTHER DOCUMENTS
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ARTICLE 8
ARBITRATION
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,.Fates In the event of litigation between Construction
Manager and Owner concerning the Project or this Agreement,
the prevailing party shall be entitled to recover from the other
party its reasonable attorney fees, costs and expenses arising
from such litigation.
8.3 *- ,. r , r>,
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8.3.1 Each party shall continue to perform its obligations
under this Agreement pending resolution of any dispute arising
out of or relating to this Agreement; notwithstanding any
damage limitation in this agreement, Owrler and Construction
Manager acknowledge either of them shall be ]fable for all
damages of the other resulting from breach of this provision.
8.4 T1,
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If a dispute arises out of or relates to this Agreement, or the
breach thereof, and if the dispute cannot be resolved through
negotiation, Owner and Construction Manager shall first try in
good faith to resolve the dispute mediation before resorting
to litigation. Unless Owner and Construction Ntanager agree
otherwise, the mediation shall be administered by the
American Arbitration Association under its Construction
ARTICLE 9
TERMINATION, SUSPENSION OR
ABANDONMENT
9.1 This Agreement may be terminated by either party
upon not less than seven days' written notice should the other
party fail substantially to perform in accordance with the terms
of this Agreement through no Fault of the party initiating the
termination. TecTnination by Owner shall not relieve
Construction Manager of any liability resulting from the
breach or breaches which occurred prior to said termination.
9.2 If the Project is suspended by the Owner for more
,c AIA DOCUMENT BSO VC~Ia - OWNPR-CONSTRUCTION MANAGE2 AGREEMLN"l - 199] EDITION - :AIA - COPYRIG I-I"r 1912 - l'IIE ANIFRIGAN
INSTITUTE OP r\RCHITECTS, U3~ NGAV YORK .4 V ENUE, N.W., WASHING-PON, D.C., 2000ti-.i?92. Unlicensed photocopying violates U.S copyright laws and
s subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation un[il the date ul'
c.epiration as noted below. User Document C3S0110.doc -- 3%G2002. AIA License Number 1012a~3, which expires on IOi31i2002.
filectromc Format B80]/Civ(a-1992
9
than 30 consecutive days, the Construction Manager shall be
compensated for services performed prior Co notice of such
suspension. When the Project is resumed, the Construction
Manager's compensation shall be equitably adjusted to provide
for expenses incuned in the interruption and resumption of the
Construction Manager's services.
9.3 Tt, ~ .. ,.~ ,o oa ti,. «tie ~~:....
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This Agreement may be terminated by
the Owner upon seven (7) days' written notice to the Construction
Manager at any time, for any reason, and without fault on the part of
the Construction Manager. If a termination by the Owner under
Paragraph 9.1. is determined later to have been improper, the
termination automatically shall be converted to a termination by the
Owner under this Paragraph 9.3, and the Owner's obligation to the
Construction Manager shall be limited to payment to the
Construction Manager as provided in Paragraph 9.6. If [he Project
is abandoned by the Owner for more than 90 consecutive days,
the Construction Manager may terminate this Agreement by
giving written notice.
9.4 Failure of the Owner to make payments to the
Construction Manager in accordance with this Agreement shall
be considered substantial nonperformance and cause for
termination.
9.5 If the Owner fails to make payment when due the
Construction Manager for services and expenses, the
Construction Manager may, upon seven days' written notice to
the Owner, suspend performance of services under this
Agreement. unless payment in full is received by the
Construction Manager within seven days of the date of the
notice, the suspension shall take effect without further notice.
In the event of a suspension of services, the Constntction
Manager shall have no liability to the Owner for delay or
damage caused to the Owner because of such suspension of
services.
9.6 In the event of termination not the fault of the
Construction Manager, the Construction Manager shall be
compensated for services performed prior to termination,
together with Reimbursable Expenses then due and all
Termination Expenses as defined in Paragraph 9.7.
9.7 Termination Expenses are those costs directly
attributable to termination for which the Construction Manager
is not otherwise compensated.
ARTICLE 10
MISCELLANEOUS PROVISIONS
10.1 Unless otherwise provided, this Agreement shall he
governed by the law of the place where the Project is located.
10.2 'T'erms in this Agreement shall have the same meaning
as those in the edition of AIA Document A201 /CMa, General
Conditions of the Contract for Construction, Construction
Manager-Adviser Edition, as modified, current as of the date
of this Agreement.
10.4 Waivers of Subrogation. If permitted by the Owner's
and Construction Manager's insurance companies, without
penalties, T the Owner and Construction Manager waive all
rights against each other and against the Contractors,
Architect, consultants, agents and employees of any of them,
for damages, but only to the extent ~bT of actttal
recovery of any insurance proceeds under any property
insurance during constmction, except such rights as they may
have to the proceeds of such insurance as set forth in the
edition of AIA Document A201/CMa, General Conditions of
the Contract for Construction, Constntction Manager-Adviser
Edition as modified, current as of the date of this Agreement.
The Owner and Construction Manager each shall require
similar waivers from their Contractors, Architect, consultants,
agents, and persons or entities awarded separate contracts
administered under the Owner's own forces.
10.5 The Owner and Construction Manager, respectively,
bind themselves, their partners, successors, assigns and legal
representatives to the other party to this Agreement and to the
partners, successors, assigns and legal representatives of such
other party with respect to all covenants of this Agreement.
Neither Owner nor Construction Manager shall assign this
Agreement without the written consent of the other.
Construction Manager agrees that it will not, without the
written consent of Owner, enter into any contract or agreement
for the performance by any third party of any part of this
Agreement. The use of subcontractors or consultants by
Construction Manager shall in no way relieve the Construction
Manager of its primary responsibility for the services under
this Agreement.
10.6 This Agreement represents the entire and integrated
agreement between the Owner and Construction Manager and
supersedes al] prior negotiations, representations or
agreements, either written or oral. This Agreement may be
amended only by written instntment signed by both Owner and
Construction Manager.
10.7 Nothing contained in this Agreement shall create a
contractual relationship with or a cause of action in favor of a
U AIA UOCUMLN"r L3SOUClMa - OWNGR-CON'S"fBUCTION MANAGER eAGREEMEN"h - 1992 EDI7lON -AIA - COPYBIGIil~ 1993 - THE AMEBIC.-~N
1NSTIl~UTF OF ARCIi1TFCTS. 173> NEW' YORK AVENUE, N.W., WASHING"CON, D. C., 200065293. Unlicensed photocopying violates U.S. cupvright lows end
is subject to le_al prosecution. This documem was electronically produced wuh permission of the AIFl and can be reproduced without violation until the date of
expiration as noted below. User Documene B301 _0_doc -- 3/G%300'_ ALV License Number 1013»3, which expires on 10/d 1'200?.
Electronic Format B80UCMa-1992
10
third party against either the Owner or Construction Manager
10.8 Unless otherwise provided in this Agreement, the
Construction Manager and the Construction Manager's
consultants shall have no responsibility for the discovery,
presence, handling, removal or disposal of or exposure of
persons to hazardous materials in any format the Project site,
including but not limited to asbestos, asbestos products,
polychlorinated biphenyl (PCB) or other toxic substances.
10.9 Construction Manager warrants and agrees that its
services will be performed in a safe and workmanlike manner
free from defects.
10.10 To the fullest extent permitted by law, the Construction
Manager shall defend, indemnify and hold harmless the Owner
and its employees, officials, agents, contractors, and
consultants and any architects, engineers, or other design
professionals engaged by or on behalf of the Owner from and
against claims, damages, losses and expenses, including but
not limited to attorney's fees, arising out of or resulting from
the performance of the Construction Manager's services,
provided that such claim, damage, loss or expense is
attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property, including loss of
use resulting therefrom, but only to the extent caused or
alleged to be caused in whole or in part by negligent acts or
omissions of the Construction Manager or anyone directly or
indirectly employed by the Construction N[anager or anyone for
whose acts the Construction Manager may be liable, regardless
whether or not such claim, damage, loss or expense is caused
in part by a party indemnified hereunder. Such obligation
shall not be construed to negate, abridge or reduce other tights
or obligations of indemnity which would otherwise exist as to
a party or person described in this Paragraph 10.10. The
Construction Manager shall not be obligated to defend, indemnify, or
hold harmless any party or person to the extent of such party's or
person's own negligent acts or omissions. In claims against any
person or entity indemnified under this Paragraph 10.10 by an
employee of the Construction Manager or of anyone directly
or indirectly employed by the Construction Manager or of
anyone for whose acts the Construction Manager maybe
liable, the indemnification obligation under this Paragraph
10.10 shall not be limited by a limitation on amount or type of
damages, compensation or benefits payable by or for the
Construction Manager under worker's compensation acts,
disability benefit acts, or other employee benefit acts.
10.11 Waiver of a breach or defattlt of any term or condition
of this Agreement shall not be deemed a waiver of (a) any
breach or default of any other term or condition or (b) any
subsequent breach or default. Failure to enforce compliance
with a term or condition shall not constitute a waiver of such
term or condition.
10.12 Constmction Manager warrants and represents [hat it is
a duly organized, validly existing limited liability company, in
good standing under the laws of the State of Missouri, and
represents that it has the power and authority to execute,
deliver and perform this Agreement. Construction Manager
shall comply with all Federal, State, and local laws,
ordinances, and regulations applicable to the services under
this Agreement.
10.13 The following persons are designated by the respective
parties as designees for all written notices and payment
applications:
For Owner: David Blackburn
For Construction Manager: Patrick 1. McCown
10.14 Should any specific provisions of this Agreement be
found to be unenforceable, the remaining provisions shall
remain in full force and effect.
10.15 Construction Manager hereby represents and warrants
that no payment have been or shall be made directly or
indirectly, by or on behalf of Construction Manager to or for
the benefit of any employee or agent of Owner who may
reasonably by expected to influence the decision to requisition,
issue or take any action with respect to [his Agreement.
Construction Manager shall allow a mutually agreeable
nationally recognized certified public accounting firm (the
"CPA") to examine at Owner's expense, such of Constructio^
Manager's books and records as may be necessary, in the
CPA's reasonable opinion, to verify Construction Manager's
compliance with this paragraph.
ARTICLE 11
INSURANCE
11.1 CONSTRUCTION MANAGER'S LIABILITY
INSURANCE
11.1.1 The Construction Manaeer shall purchase from and
maintain in a company or companies lawfully authorized to do
business in the jurisdiction in which the Project is located such
insurance as will protect the Construction Manager from
claims set forth below which may arise out of or result from
the Construction Manager's operations under this Agreement
and for which the Construction Manaeer may be legally liable.
1 claims under workers compensation, disability benefit
and other similar employee benefit acts which are
applicable to the operations to be performed;
.2 claims for damages because of bodily injury,
occupational sickness or disease, or death of the
Constmction Manager's employees;
3 clairns for damages because of bodily injury, sickness
or disease, or death of any person other than the
Construction Manager's employees;
4 claims for damages insured by usual personal injury
liability coverage which are sustained (1) by a person
as a result of an offense directly or indirectly related
[o employment of such person by the Construction
Manager, or (2) by another person;
S AL4 DOCUMEN~t BSOVCNIa - OWNLR-CONSTRUCTION MANAGER AGREEMENT - I9')2 FDCIION - AlA -COPYRIGHT 1992 - "tHE AMERICAN
INSTITUTE OE t\RCHITECTS, 1735 NFyy' YORK AVENUE, N.W., WASHINGTON. D-C., 30006-5392. Unlicensed photocopying violates U.S. copyright laws and
is subject to leeal prosecution. This document wns electronically produced with permission of the rVIA and can be reproduced without violation until the date of
expiration as noted below- User Document F380I3Qdoc --3,'6/2002. rVIA License Number 101 255J, which expires on 10/31/3002.
Electronic Format B801/CNIa-1992
11
.5 claims for damages, other than to the Work itself,
because of injury to or destruction of tangible
property, including loss of use resulting therefrom;
6 claims for damages because of bodily injury, death of
a person or property damage arising out of
ownership, maintenance or use of a motor vehicle.
11.1.2 The insurance required by Subparagraph 1 L 1.1 and
Article 14 shall be written for not less than limits of liability
specified in Article 14 or required by law, whichever coverage
is greater. Coverages, ivheEker shall be written on an
occurrence ~° basis, except for the Professional
Liability coverage which maybe on a claims-made basis.
Coverages shall be maintained without interruption or reduction
below specified linuts from date of commencement of
operations under this Agreement until date of final payment
and termination of any coverage required to be maintained
after final payment.
ARTICLE 12
PAYMENTS TO THE CONSTRUCTION MANAGER
12.1 DIRECT PERSONNEL EXPENSE
12.1.1 Direct Personnel Expense is defined as the direct
salaries of the Construction Manager's personnel engaged on
the Project and the portion of the cost of Cheir mandatory and
customary contributions and benefits related thereto, such as
employment taxes and other statutory employee benefits,
insurance, sick leave, holidays, vacations, pensions and similar
contributions and benefits.
12.2 REIMBURSABLE EXPENSES
12.2.1 Reimbursable Expense are in addition to
compensation for Basic and Additional Services and include
expenses incurred by the Construction Manager and
Constntction Manager's employees and consultants in the
interest of the Project, as identified in the following Clauses.
The Owner will pay a Reimbursable Expense only if, after the date of
this Agreement and before the expense is incurred, the Owner directs
or authorizes the Construction Manager in writing to perform the
service that gives rise to the expense.
12.2.1.1 Expense F °"''" "''' '`'°
I>~~enses in connection with authorized out-of--town
travel; ;and fees paid for
securing approval of authorities having jurisdiction over the
Project, including permit and inspection fees.
12.2.1.2 Expense of reproductions of drawings (except shop
drawings).,
J ~~
v tic ==~~.
12.2.1.3 If authorized in advance by the Owner, expense of
overtime work requiring higher than regular rates.
12.2.1.4 Expense of additional insurance coverage or limits
requested by the Owner in excess of that provided for in .Article
14.
12?.I.S Expense of the following: (a) electrical usage (b)
natural gas usage, (c) water usage, (d) owner/architect temporary
project office, (e) third-party charges for Projeet testing, quality
control testing, and special inspections, and (f) professional progress
photos.
12.3 PAYMENTS ON ACCOUNT OF BASIC
SERVICES
12.3.1 -
J
12.3.2 Subsequent payments for I3asic Services shall be
made monthly and, where applicable, shall be in proportion to
services performed within each phase of service, on the basis
set forth in Subparagraph 13.2.1.
12.3.3 If and to the extent that the time initially established
in Subparagraph 13.x.1 of this Agreement is exceeded or
extended through no fault of the Construction Manager, the
Construction Manager's compensation shall be equitably adjusted to
the extent necessary to compensate the Construction Manager for (a)
additional services required because of the extension and (b)
increased costs incurred because of the extension. mfo
¢T[p"~c--T„i.vv a"~...~..... ~.~ .J a F"r-ft~ ,~'^~f
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12.3.4
"5
12.4 PAYMENTS ON ACCOUNT OF ADDITIONAL
SERVICES AND REIMBURSABLE
EXPENSES
12.4.1 Payments on account of the Construction Manager's
Additional Services and for Reimbursable Expenses shall be
made monthly upon presentation of the Construction
Ylanager's statement of services rendered or expenses incurred.
12.5 PAYMENTS WITHHELD
12.5.1 No deductions shall be made from the Construction
Manager's compensation on account of penalty, liquidated
damages or other sums withheld from payments to
~cJ AIA DOCLMEN7 B80 VC Vla -OWNER-CONSIRUCIION MANAGER AC]RFLx1 EVT - 199'_ EDITION - NA - COPYRIGHT 199? - lliG Ai~IHRICAN
INST1Tl;TE. OE ARCHITECTS, 173 NEW YORK AVEi71JE, N-W.. WASI-^NG"fON, D.C . 20006-?29'. Unlicensed photocopying violates t'.S. copyright laws and
is subject to legal prosecution. Chis document was electronically produced with permission of the AIA and can be reproduced without violation until [he dale of
expiration as noted below- User Document: 880130.doc -- 3/613002. AIA License Number 1013?~3, which expires on 10/31/2002.
Electronic Format B801!C1vIa-1992
12
Contractors, or on account of the cost of changes in Work 12.6.1 Records of Reimbursable Expenses and expenses
other than those for which the Construction Manager has been pertaining to Additional Services and services performed on
found to be liable. the basis of a multiple of Direct Personnel Expense shall be
submitted to the Owner with the Construction Manager's invoices for
12.6 CONSTRUCTION MANAGER'S such expenses. ~ ' '~' r n t n t, ~
ACCOUNTING RECORDS
ARTICLE 13
BASIS OF COMPENSATION
The Owner shall compensate the Construction Manager as follows:
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13.2 BASIC COMPENSATION
13.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 14 as part of Basic Services,
Basic Compensation shall be computed as follows:
For Pre-Construction Phase Services:
(fisert hasis ajcompensntian, including snp~dnterl sums, multlples or percenmges.J
The stipulated sum of Thirty Seven Thousand Seven Hundred Fifty and no/100 Dollars ($37,750.00)
For Constntction Phase Services:
//nsert Gnsis of comperrsmion, including stipulnted sours, nudtiples or pereen(nges.J
The stipulated sum of Two Hundred Fify Six Thousand Eight Hundred Fifry and no/100 Dollars ($26,850.00)
These stipulated sums are based on a construction budget of Three Million Five Hundred Thousand and no/100 Dollars (53,00,000.00)
If the actual Construction Cost exceeds S3,~OQ,000.OQ the Construction Manager shall be paid, in addition to the combined total of the stipulated
sums, an amount equal to two and one-half percent (25%) of the excess of the actual Construction Cost over S3,SOQ,000.00.
If (a) the actual Construction cost varies from 53,500,000.00 by more than Three Hundred Fifty Thousand and No/100 Dollars (530,000.00) and
(b) the variation results in an increase or decrease in services required of the Construction Manager or in costs incurred by the Construction
Manager, then the stipulated sums shall be subject to renegotiation.
13.3 COMPENSATION FOR ADDITIONAL SERVICES
13.3.1 FOR ADDITIONAL SERVICES OF THE CONSTRUCTION MANAGER, as described in Article 3, and any other services
included in Article 14 as Additional Services, compensation shall be computed as follows:
(/nsert bm'is ojcompensnlian, including rotes and/or mtdtiples oJDirec! Persormel EspenseJor principnls nnrl employees, nttd identify Prindpnls and clnssijy
employees, rf required ldenufj~ specific services to w/rich partindar methods of compensntion nppl~~, ,fnecessnry.J
Additional services will be negotiated for each request by the Owner for added services. The rates for added services for Construction
Manager personnel shall be in accordance with Exhibit A.
13.4 REIMBURSABLE EXPENSES
13.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 12.2, and any other items included in Article 14 as
Reimbursable Expenses, a multiple of (1_0 )times the expenses incurred by the Construction Manager and the Construction
Ivlanager's employees and consultants in the interest of the Project.
13.5 ADDITIONAL PROVISIONS
13.5.1 IF THE BASIC SERVICES covered by this Agreement (other than services provided for in Subparagraph 2.3?9) have not been
completed within Fifteen (15 )months of the date hefee4~ fixed in the notice to proceed provided for in Subparagraph 2.1.2, through
no Fault of the Construction Manager, the Construction Manager's compensation shall be equitably adjusted to the extent necessary to
compensate the Construction Manager for (a) additional services required because of the extension and (b) increased costs incurred because of the
extension.. ~ ~ ~~ .. :,a~~t :., e, r,.,,,_..,._.,..t.~ i a
0
,~~ AIA DOCUi~1ENl HbO V(~iVla -OWNER-CONSTRUC~rION MANAGER AGRBLNIEN f - 1992 C-DIIION - AL1 - COPYf21Gl-1T 1992 - 71-IE AM F1t1CAN
INSTITUTE OF ARCI IITISC"i~S, 173 NEW YORK AVENUE, N.W., WASHINGTON, D-C, 20006-~29?_ Unlicensed photocopying violates U.S copyright laws and
is subject to legal prosecuuun This document was electronically produced with permission of the Al,A and can be reproduced without violation until the date of
expiration as noted below. User Document B801 }O.doc -- 3/6/200?. AlA License Number 1013»3, which expires on 10/31/2003.
Electronic Format BSOl/CNla-199?
13
..,Jvrrv-ice.
13.5.2 Payments are due and payable Twenty (20) days from the date of the Construction Manager's invoice. Amounts unpaid
Thirty (30) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate
prevailing from time to time at the principal place of business of the Construction Manager.
(/nsert rote of interest agreed upon.)
Prime plus 1% as stated by UMB Bank.
(Usury lmvs and requirements raider the Federn! Truth in Lending Act, simi(rrr state mvl local consumer credit Imes and other regulations nt die Owner's and
Cansb-uctron Mmmger's principal places of Gusiness, the locntiwr aj die Project mid elsewhere ran}• nfjecr the vnlidim of this provision. Specific [ego! advice should
be obtained with respect to rleleuans m- morL~entions, and also regarding requirements sech as written disclosures or wniver.r.J
13.5.3 The rates and multiples set forth for Additional Services shall not be adjusted for the Project. ti - - ~~I'~' ^''"'~'"' '^ ^^'^T`'^^^°
1. 7 I ,.F rl,~ (`.. ter.-•~r. ~1r(~
~ r ~+
13.5.4 The Construction Manager shall submit a monthly invoice no later than the tenth day of the month following that for which payment is
requested. Each invoice shall set forth all compensation due for services performed during the previous month.
ARTICLE 14
OTHER CONDITIONS OR SERVICES
(loser[ descriptions of other services, identify Additimm! Services included within Basic Conipensntimi anti modifications m the pn}°ntent and rompensnt(on terms
included in ibis Agreement-)
14.1 LIMITS ON INSURANCE
The insurance required by Article 1 1 shall be written for not less than the following limits, or greater if required by law:
(Insert the specific dollar amounts jor the appropriate insurance limits of liabiliq~.J
14.1 Construction Manager shall maintain, at Construction Manager's expense, the following insurance coverage during the period of
the Agreement, and shall provide the Owner with Certificates of Insurance naming the Owner, Mayor, Board of Aldermen and the City
Administrator as additional insureds on all required coverage prior to the commencement of services under this Agreement:
1) PROFESSIONAL LIABILITY -Professional Liability or Errors and Omissions Insurance Each Occurrence - $1,000,000.00
050,000 Deductible). The professional liability or errors and omissions insurance shall be maintained in full force and effect for a
period of one year after final payment to all Contractors is due. Any retroactive date or prior acts exclusion to which the coverage is
subject shall predate both the date of commencement of operations under [his Agreement and the date of this Agreement.
2) COMPREHENSIVE GENERAL LLABILITY -LIMITS:
Each Occurrence - $1,000,000.00
Products/Completed Operations
Aggregate - $1,000,000.00
General Per Project Aggregate - 82,000,000.00
Each policy shall include the following coverages:
- Contractual liability
- Personal/Advertising injury
-Independent contractors
3) AUTOMOBILE LIABILITY -The Policy shall protect the Construction Manager and the Owner against claims for bodily injury
and/or property damages arising oui of the ownership or use of any owned, hired and/or non-owned vehicle, and must include
protection for:
a. Any auto, or
b. All owned autos, hired autos, and non-owned autos
Limits: Each accident combined single limits, bodily injury and property damage - $00,000.00
4) UMBRELLA - 83,000,000.00
5) WORKERS' COMPENSA"LION -This insurance shall protect the Construction Manager against all claims under applicable State
;~ AIA DOCUNIEN"f N80VCi~la -OWNER-CONSTRUCTION YIANAGER AGREEMENT - 19')2 EDITION -AIA - COPYRIGHT 1992 - THI'. ANIEKICAN
INS"('ITUTE OP ARCIIITECTS, 173= NEW YORK AVENUE, N-W., WASHING"tON, D.C., 20006-292. Unlicensed photocopying violates U.S. copyright laws and
is subject to leeal prosecution- This document was electronically produced with permission of the AIA and can be reproduced scithoul violation until the date of
expiration as noted below. User Document B8013Qdoc -- 3/6/2002. AIA License Number 1012»3, which expires on 10!31;200?.
Llectromc hormat B801/CMa-1992
14
Workers' Compensation laws. The Construction Manager and the Owner shall also be protected against claims for injury, disease or
death of employees which, for any reason, may not fall within the provisions of a Workers' Compensation law. The Policy limits shall
not be less than the following:
Workers' Compensation -Statutory
Employer's Liability:
Bodily injury by accident - $500,000.00 each accident
Bodily injury by disease - S~00000.00 policy
Bodily injury by disease - $100,000.00 each employee
14.2 All insurance shall be maintained with an insurer acceptable to Owner and which shall have a minimum rating not lower than
"XI" in the Best Insurance Guide, latest edition.
14.3 All policies and Certificates of Insurance shall expressly provide no less than 30 days prior written notice to Owner in the event
of cancellation, expiration or nonrenewal.
14.4 Construction Support Activities. The Construction Manager shall provide the following Construction Support Activities:
1. Jobsite office trailer with meeting space.
2. Portable toilets.
3. Power and telephone service to the Construction ivlanager's jobsite office unless otherwise provided by Owner. Power usage cost
to be provided by Owner.
4. jobsite coordination.
~. Debris containers and service.
6. Jobsite personnel used in providing such Activities, including the cost of payroll, taxes, insurance and benefits.
This Agreement entered into as of the day and year first written above.
OWNER
(Signnmre)
Betty Burch, Mayor
(Printed Home and title)
ON MANAGER
/P~a~,tc^rick J. McCown
(Printer(nnme nnn~y"y~1 EXECUtIVB ~IC~
L Al<1 DOCUMEN"I 680 VGbla -OWNER-CONSTRUCTION MANAGER AG R6EM[N"I' - 1992 EDI"LION - AlA - COPYRIGH~I 1992 -THE AM EKIC.4N
INSTITUTE OF ARCHITECTS, 173 NEW YORK AVENUE, N.~b'., w.ASI-IINGTON, D.C., 20006-292- Unlicensed photocopying violates U.S. copyright laws and
is subject to legal prosecution. This document was elecvonically prof aced with permission of the AIA and can be reproduced without violation until the date of
expiration as noted below. User Dncumenc B8013Qdoc -- 3/6~200Z AIA License Number 1012»3, which expires on 10/31/2002.
Electronic Format B80llCMa-199?
15
EXHIBIT "A"
McCown Gordon Construction
CONSTRUCTION ADMINISTRATION AND SUPERVISION
HOURLY RATES
January 2002
Protect Staff Rate
1 Managing Partner $ 120.00
2 Senior Project Manager $ 88.00
3 Project Manager $ 68.00
4 Assistant Project Manager $ 57.00
5 Project Engineer $ 42.00
6 MEP Coordinator $ 68.00
7 Project Scheduler $ 58.00
8 PreConstruction Services Manager $ 91.00
9 Senior Project Estimator $ 80.00
10 Project Estimator $ 58.00
11 Administrative Assistant $ 36.00
12 Project Accountant $ 39.00
13 Project Safety Engineer $ 37.00
14 Project Materials Purchasing Agent $ 55.00
15 Computer Assistant $ 45.00
16 Superintendent $ 80.00