HomeMy WebLinkAbout Krizenbeck AIA.W,AIA Document 8801"CMa - 1992
Standard Form of Agreement Between Owner and Construction Manager
where the Construction Manager is NOT a Constructor
I AGREEilIENT made as ofthe First day of December inthe yearof Two Thousand Six
(ln words, indicate doy, month and )ear)
BETWEEN the Owner:
(Name and address)
City of Meridian
660 East Watertower, Suite 200
Meridian, Idaho 83642
and the Construction Manager:
(Name and address)
Kreizenbeck Constructors, Limited Liability Company
251 East Front Street
Suite I l0
Boise,Idaho 83702
for the following Project:
(lnclude d.etailed d.escription of Projecl, location, address anl scope.)
06-021 Meridian Water Department Building
2235 Northwest 8th Street
Meridian, Idaho 83642
This project consists of a 10,600 square foot single story building of construction class
IIIB. In addition to normal building construction tasks, this work also includes
constxuction of fencing and temporary parking areas.
The Architect is:
(Name and address)
AOOInONS ANO OELETIONST
The author of this documenl has
added inlomation needed for its
completion. The author may also
have revised lhe lext ol the original
AIA standard form. An Additions and
Deletiong Report that notes added
information as well as revisions lo
the standard lorm lext is available
trom the author and should be
reviewed. A venical line in the lett
margin of this document indicales
where lhe author has added
necessary infomation and where
the author has added to or deleted
lrom the originalAlA texl.
This documenl has important legal
consequences. Consultation wilh an
aflorney is encouraged with respect
lo its complelion or modification.
This document is intended to be
used in coniunction with the 1992
editions oi AIA Documents
B1 41 /C[4a, A1 01 /C[.1a and
A201/C[4a.
BRS tuchitects
1010 S. Allante Street. Sute 100
Boise,ID 83709
The Owner and Construction Manager agree as set fbnh below
st rure oj Arch lects. all rights reserved.
ch exp res cn I I7 2007 a.d s .oi lor rcsa e
t31,{4937,134)
AIA Document 8801iMCMa 1992 Copyrighi O 1973. 1980 and 1992 by The Amercan L'
was produced by A A sollware al l3:'150l c. 12,r22006lnoerOrderNor000215595 rwh
1
ARTICLE 1 COI'ISTRUCTION MANAGER'S RESPONSIBILITIES
s 1.1 CONSTRUCTTON iTANAGER'S SERVTCES
$ 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 Anicles 2 and 3 of
this Agrcement and any other services included in Article 14.
$'1,1.2 The Construction Manager's services shall be provided in conjunction with the seNices ofan Architect as
described in the edition of AIA Document B l4l, Standard Form of Agreement Between Owner and Architect,
current as of the date of this Agreement. The AIA Document B 141 was executed before Owner considered
engaging a Construction Manager for this Project. Owner shall notify Architect ofthe involvement of the
Construction Manager and Owner shall n€gotiate with Architect any necessary modifications to the AIA Document
B14l to accontnodate and incorporate the Construction Manager's services into the Project.
! 1.1.3 The Construction Manager shall provide sufficient organization, pe$onnel and malagement to carry out the
requirements ofthis Agreement in an expeditious and economical manner consistent with the interests of the Owner.
$ 1.1.4 The services covered by this Agreement are subject to the time limitations contained in Section 13.5. I .
ARTICLE 2 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES
$ 2.1 DEF|NtTtON
$ 2.1.1 The Construction Manager's Basic Services consist of those described in Sections 2.2 and 2.3 and any other
services identified in Article 14 as part of Basic Services.
s 2.2 PRE.CONSTRUCTTON PHASE
$ 2.2.1 The Constnrction Manager shall review the program fumished 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
constuction 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 ofConstruction 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 re.ommendations on relative feasibility ofconstruction
methods, availability of materials and labor, time requirements for procurement, installation and construction, and
factors related to construction cost including, but not limited to, costs of altemative designs or materials, preliminary
budgets, and possible economies.
$ 2.2.5 The Construction Manager shall prepare and periodically update a Projecr 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 integrate the Construction Manager's services, the Architecl'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 Constuction Manager shall plepare and update, at appropriate interyals agleed to by the Owner,
Construction Manager and Architect, 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 rhe 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
corTective action.
AIA Document 8801flCMa - r992. Copyrig ht @ 1 973, 1980 aM 1 992 by The American lnstitute ol Archit€cts. All rights
Docum.nt b protscted by u.s. copyrioht Ltw .nd lnternltlonal Treltir3. un.uthorizad reproductlon or dbtribution ot ihl3 AIA' Documcnt, or any
portlon ol it, mry rasull in sevare clviland crimlnel P€n !hie3, and wlllba prG€cuted lo thc matlmum ertent Posllb Ih s doc!me.l
was produced by AIA soltware al13:45101 or 12|1Z2OOO u nder Oder No.1000216595-1 which e)Q res on 1/1712007, and is nol lor resale
(3144937434)
2
S 2.2.7 The Construction Manager shall review the Construction Documents and make recommendations whenever
design details adversely affect constructability, cost or schedules.
$ 2.2.8 The Construction Manager shall be responsible for the assignment of responsibilities for temporary Project
facilities and equipment, materials and services for common use ofthe Contractors. The Construction Manager shall
verify that such requirements and assignment of responsibilities are included in the proposed Contract Documents.
| 5 2,2.9 ttre Con"truction Manager shall allocate responsibilities for safety programs among the Contracto6
$ 2.2.10 The Construction Manager shall advise on the division of the Project into individual Contracts for various
categories of Work, including the method to be used for selecting Contractors and awarding Conracts. If multiple
CoDtracts are to be awarded, the Construction Manager shall review the Construction Documents and make
recommendations as required to provide that (l) the Work of the Contractors is coordinated, (2) all requirements for
the Project have been assigned to the appropriate Contract, (3) the likelihood ofjurisdictional disputes has been
minimized, and (4) proper coordination has been provided for phased construction.
! 2.2.11 The Construction Manager shall prepare a Project consrucdon schedule providing for the components ofthe
Work, including phasing of consruction, 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 Prqect consruction schedule for each set ofbidding documents.
! 2.2,12 The Construction Manager shall exp€dite 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.
$ 2.2.15 The Construction Manager shall assist the Owner in obtaining information regarding applicable
requirements for equal employment opponunity programs for inclusion in the Conract Documents.
$ 2.2.16 Following the Owner's approval of the Construction Documents, the Construction Manager shall update and
submit the latest estimate of Construction Cost and the Project construction schedule for the Architect's review and
the Owner's approval.
(Paragraph deleted)
$ 2.2.18 The Construction Manager shall develop bidders' interest in the Project and establish bidding schedules. The
Construction Manager, with the assistance of th€ 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 rccommendations 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 Subconractors and material suppliers proposed by Contractors.
$ 2.2.2,1 The Consmrction Manager shall assist the Owner in obtaining building permits and special permits for
iermanent improvements, except for permits required to be obtained directly by the various Contxacto6. The
bonstruction i4anager shall verify that the Owner has paid applicable fees and assessments. The Construction
Manager shall assisi the Owner and Architect in connection with the Owner's responsibility for filing documents
requirid for the apptovals of govemmental authorities having jurisdiction over the Project
Document i3 protected by u S. Copyright Ltw snd lnternalionalTrea
1992. Copyright @ 1973, 1980 and 1992 byThe Amercan nsl,tulc olArch tecls. All riq
on ol thi3 AIA' Oocumcnt, or.nYAIA Document BmlflCMa -
porlion ol rt, may resuh in seve re civilsnd crlminal penelties, and wi ll ba proacculcd to the mlximum arlent Poss Th s docJn'enl
was producod byAlA soltware al
l.lser Notes
13:45:01 on 12l122006 under Order No 1000216595 1 wh ch exprres on 1/1 7/2007. and is not lor resaLe.
t31 44937 434)
3
$ 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 shonages.
S 2.3 CONSTRUCTION PHASE.ADMINISTRATION OF THE CONSTRUCTION CONTRACT
$ 2.3.'l The Construction Phase will commence with the award of the initial Construction Conract or purchase order
and, together with the Construction Manager's obligation to provide Basic Services under this Agre€ment, will end
30 days after final payment to all Contractors is due.
$ 2.3.2 The Construction Manager shall provide administration of the Contracts for Construction in cooperation with
the Architect as set fonh below and in the edition of AIA Document A2Ol/CMa. General Conditions of the Conuact
for Construction, Construction Manager-Adviser Edition, current as of the date of this Agre€ment.
$ 2.3.3 The Construction Manager shall provide administrative, management and related services to coordinate
scheduled activities and responsibilities of the Contactors with each other and with those ofthe Construction
Manager, the Owner aIld the Architect to endeavor to manage the Prqect in accordance with the latest approved
estimate ofConsruction 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 Utitizing the Construction Schedules provided by the Contracto$, the Construction Manager shall update the
Proje.t construction schedule incorporating the activities ofthe Contracto6 on the Project, including activity
sequences and duations, 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 !,ortions of the Project having occupancy priority. The Construction
Manager shall update and reissue the Project construction schedule as required to show current conditions. If an
update indicates that the previously approved Project consfiuction schedule may not be met, the Construction
Manager shall recoomend and implement conective action upon the concurrence of the Owner.
! 2,3.6 Consistent with the various bidding documents, and utilizing information from the Conuactors, the
Construction Manager shall coordinate the sequence ofconstruction and assignment of space in areas where the
Contractors are performing Work.
$ 2.3.7 The Construction Manager shall endeavor to obtain satisfactory performance fiom each of the Contxactors.
The Construction Manager shall recommend cou6es of action to the Owner when requirements of a Contact are not
being fulfilled. The Construction Manager shall implement corrective action to be taken upon the concurrence of
the Owner.
$ 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 ofcomparison
with such approv€d estimate.
$ 2.3.9 The Construction Manager shall develop cash flow reports and forecasts for the Prcject and advise the Owner
and Architect as to variances between actual and budgeted or estimated costs.
! 2.3.10 The Construction Manager shall maintain 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.
! 2.3.11 The Construction Manager shall develop and implement procedures for the review and processing of
applications by Contractors for progress and final payments.
AlADocumentE80lrrCMa-l992.Copyright Or973 i980ardl992byTheAmerca. .stiu:eolArch:ects. Allrights reserved.
Th s documeni
was produced by A A sollwarc al 13:45:01 on 121l212006LrnderOrderNo 1000216595 I whchexpresonl/1712007.afd snoilorresae
User Notes: i3144931431\
4
S 2,3,3.'l The Constuction Manager shall provide a full time Project Superintendent and any necessary assistanB
during the construction phase. The Project Superintendent shall be approved by the Owner, which shall not be
uueasonable withheld, If the Project Superintendent leaves the employ ofthe Construction Manager, the
Constuction Manager shall submit his replacement to the Owner for prior approval, which shall not be
unreasonably withheld.
$ 2.3,11.1 Based on the Construction Manager's obs€rvations and evaluations ofeach Conractor's Application for
Payment, the Construction Manager shall review and cenify the amounts due the respective Contacto6.
$ 2.3.1'1.2 The Constructioo Manager shall prepare a Project Application for Payment based on the Conractors'
Certificates for Payment. The Construction Manager shall not submit a Project Application for Payment more than
once a month unless agreed to by the Owner.
$ 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 Section 2.3.13 and on the data comprising
the Contractors' Applications for Payment, that, to the best ofthe ConsEuction Manager's krowledge, information
and belief, the Work has progressed to the point indicated and the quality ofthe Work is in accordance with rhe
Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with
the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor
deviations from the Contract Documents correctable p or to completion and to specific qualifications expressed by
the Construction Manager. The issuance of a Cenificate for Payment shall funher constitute a representation that the
Contactor is entitled to payment in the amount certified.
$ 2.3.11.4 The issuance ofa Certificate for Payment shall not be a representation that the Construction Manager has
(l ) made exhaustive or continuous on-site inspections to check the quality or quantity ofthe Work, (2) reviewed
construction means, methods, techniques, sequences for the Contractor's own Work, or procedures, (3) reviewed
copies of re4uisitions received from Subcontractors and material supplieG and other data requested by the Owner to
substantiate the Contxactor's right to payment or (4) ascenained how or for what purpose the Contactor has used
money previously paid on account ofthe Contxact Sum.
! 2.3,12 The Construction Manager shall review the safety programs developed by each of the Contractors for
purposes of coordinating the safety programs with those of the other Contactors. The Construction Manager's
responsibilities for coordination of safety programs shall not extend to direct control over or charge of the acts or
omissions of the Contactors, Subcontractors, agents or employees of the Contractors or Subcontractors, or any other
persons performing portions ofthe Work and not directly employed by the Construction Manager.
$ 2.3.13 The Construction Manager shall determine in general that the work ofeach Conftactor 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 Conract 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
re4uirements of the Conract Documents.
$ 2.3.14 The Construction Manager shall schedule and coordinate the sequence of construction in accordance with
the Confact Documents and the latest approved ProJect construction schedule.
$ 2.3.15 With respect to each Contactor's own Work, the Construction Manager shall not have control over or
charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for
safety precautions and programs in connection with the Work of each of the Contractors, since th€se 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 Contactors, Subcontractors,
or their agents or employees, or any other pemons performing portions of the Work not directly employed by the
Construction Manager.
! 2.3.16 The Construction Manager shall ransmit to tha Architect requests for interpretations of the meaning and
intent of the Drawings and Specifications, and assist in the resolution ofquestions that may adse.
$ 2.3.17 The Construction Manager shall review requests for changes, assist in negotiating Conractors' proposals,
submit recommendations to the Architect and Owner, and, ifthey are accepted, prepare Change Orders and
Consruction Change Directives which incorporate the Architect's modifications to the Documents.
AIA Oocument g801flCtla - 19S2. Copfight O 1973, 1980 and 1992 by The American lnsl tule ol Arch,lecls. All righB r6erved. -WABNING I Th is AIA'
Documenl is prolected by U.S. CopyrEht Law and lnlernationalTreaties Unauihonued reproductron or drslflburron ol lhrs AIA' Document, or any
portion ol it, may resulr in severe crvrland cnminal penallies, and will be prosecuted io the maximum extenl possrble under ihe law. This document
was produced by AIA sortware at 13:45:01 on 12l1212006 under Order No.1000216595_1 which expires on 1/1712007, and s not Ior resaie.
u3er Noies: (3144937434)
5
! 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 forward them to
the Owner.
$ 2.3.20In 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 fiom the
Contractors. The Constluction Manager shall coordinate submittals with information contained in related documents
and transmit to the Architect those which have been approved by the Construction Manager. The Construction
Manager's actions shall be taken with such reasonable promptness as to cause no delay in the Work or in the
aclivities of the Owner or Contractors.
$ 2.3.21 The Construction Manager shall record the progress of the Project. The Construction Manager shall submit
monthly written progress repons to the Owner and Architect including information on each Contactor 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 re4uire .
$ 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 curently to
record changes and selections made during construction, and in addition, approved Shop Drawings, Product Daa,
Samples and similar required submittals. The Construction Manager shall maintain records, in duplicate, ofprincipal
building layout lines, elevations of the bottom of footings, floor levels and key site elevations cenified 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 arrange for the delivery, storage, protection and security of Owner-
purchased materials, systems and equipment that are a part ofthe Project until such items are incorporated into the
Proje.t.
$ 2.3.24 With the Architect and the Owner's maintenance personnel, the Construction Manager shall observe the
Contracton' final testing, commissioning, and start-up of utilities, operational systems and equipment.
Commissioning shall in this instance mean the effort required to demonstrate that the mechanical and electrical
systems of this building work and work together to accomplish the designed environment.
$ 2,3,25 When the Construction Manager considers each Contactor's Work or a designated portion thereof
substantially complete, th€ Construction Manager shall,jointly with the Contractor, prepare for the Architect a list of
incomplerc or unsatisfactory items and a schedule for thet completion. The Consrruction 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 corection and completion of the Work. Following issuance
of a Certificate of Substantial Completion of the Work or a designated portion thereoi 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 Constuction 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 Conract 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 Duties, responsibilities and Iimitations of authority of the Construction Manager as set fonh in the Contact
Documents shall not be restricted, modified or extended without written consent of the Owner, Construction
Manager, Architect and Contractors. Consent shall not be unreasonably withheld.
AlADocum€ntBSO1i CMa-1992.Copyraght Or973 l980andr992byTheAmercail.s:lr:eolArchlecls. Allrighls reserved.
v
portion ol il, may result in severe civil and criminal penallies, and will be prosecuted lo the maximum extent Po!3ible !nder the l8w. This document
was produc€d by AIA sottwa.e at 13t45:O1 on 12112J2006 under Order N0.1000216595_1 which expres on 1/1712007, and is not for resale.
lJ5er Noles: F144937434)
6
! 2.3.29 The Construction Manager shall provide coordination and procurement efforts during the Contractor's one
(l) year period ofcorrection of work for any repair or maintenance services for work performed as pan of this
construction project. Compensation for such effort shall be included as part of basic compensation for construction
phase services.
! 2.3.30 The Construction Manager with the Architect and Owner shall conduct a site visit prior to the expiration of
the Contractor's one (l) year period of correction of Work regardless of final payment of compensation to the
Construclion Manager.
ARTICLE 3 ADOITIONAL SERMCES
S 3.' GENERAL
$ 3.1.1 The services described in this Anicle 3 are not included in Basic Services unless so identified in Anicle 14,
and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic
Services. The Optional Additional Services described under Section 3.3 shall only be provided if authorized or
confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.2 are
required due to circumstances beyond the Construction Manager's control, the Consrucdon Manager shall notify
the Owner prior to commencing such services. If the Owner deems that such services described under Section 3.2
are not required, the Owner shall give prompt written ootice to fte Construction Manager. If the Owner indicates in
writing that all or pan of such Contingent Additional Services are not rcquired, the Constuction Manager shall have
no obligation to provide thos€ services.
s 3.2 CONTTNGENT AoD|IONAL SERVTCES
$ 3.2.'l Providing services required because of significant changes in the Project including, but not limited to,
changes in size, quality, complexity or the Owner's schedule.
$ 3.2,2 Providing consultation conceming replacement of Work damaged by fire or other cause during constuction,
and fumishing services required in connecrion with the replacement of such Work.
! 3,2.3 Providing services made necessary by the termination or default of the Architect or a Conractor, 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 sewices in evaluating an exrcnsive number of claims submitted by a Conractor or others in
conneation 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 pany thereto.
s 3.3 OPflONAL AoD|T|ONAL SERVTCES
(Parographs deleted)
$ 3.3.6 Providing any other services not otherwise included in this Agreement.
ARTICTE 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
Construction Manager and Architect, which shall include the Construction Cost, the Owner's other costs and
reasonable contingencies related to all ofthese costs.
AIA Oocument BA)l Clra - 1992. Copyrighl @1973, 1980 and 1992 by The Amorican lnsltule ol Archlecls. Allrighb r6ened. l /aBNlNG:Thrs Alas
Oocumeni rs prorected by U.S. Copyriglt Law and lnlernatronalTreatGs. Unauihonzed .eproduction or distribution ol ihis AIA' Oocumeni, or any
portion ol it. may resull rn severe civil and criminal penalties and will be prosecuied to ihe maximum €rient possible under lhe law. This documeni
$/as produced by A lA soliware at 1 3:rl5:01 on 1 2/1 22006 unc,e r Oder No. 1 00021 6595_1 which expires o n 1 /1 7/2007, and is nol lor resale-
t s€r ilotes: (3144937434)
7
(Paragraph delered)
$ 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 rcpresentative, shall render decisions in a timely manner pertaining to documents
submiued by the Construction Manager in order to avoid unreasonable delay in the orderly and sequential progress
of the Construction Manager's services.
$ 4.5 The Owner shall rctain an architect whose services, duties and responsibilities are described in the edition of
AIA Document B l4l, Standard Form of Agreement Between Owner and Architect, current as of the date of this
Agreement. The Terms and Conditions of the Agreement Between the Owner and Architect shall be furnished to the
Construction Manager aod shall not be modified without written consent of the Construction Manager, which
consent shall not be uffeasonably withheld. The Construction Manager shall not be responsible for actions taken by
the Architect.
$ 4.7 The Owner shall fumish 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 ascenain how or for what purposes the Contractors have used the money paid by or on behalfof the
Owner.
$ 4.8 The Owner shall fumish the Consruction Manager with a sufficient quantity of Construction Documents.
$ 4.9 The services, information and repons required by Sections 4.5 though 4.8 shall be fumished at the Owner's
expense, and the Constuction Manager shall be entitled to rely upon the accuracy and completeness thereol
$ 4.10 hompt wrinen notice shall be given by the Owner to the Constuction 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 with the Project which are not part of the Construction Manager's
responsibilities under this Agreement. The Construction Manager shall notify the Owner ifany such independent
action will interfere with the Construction 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.l2Information or services under the Owner's control shall be fumished by the Owner with reasonable
promptness to avoid delay in the orderly progress of the Construction Manager's services and the progress of the
Work.
ARTICLE 5 CONSTRUCTION COST
s 5.1 DEFtNtTtON
$ 5.1.1 The Construction Cost shall be rhe total cost or estimated cosr to the Owner of all elements of the Project
designed or specified by rhe Architect.
$ 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials fumished by the
Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable
allowance for the Contxacto$' overhead and profit. In addition, a reasonable allowance for contingencies shall be
included for market conditions at the time of bidding and for changes in the Work during construction. Except as
provided in Secdon 5.1.3, Construction Cost shall also include the compensation of the Construction Manager and
Construction Manager's consultants.
$ 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 ofthe Owner as provided in Article 4. If
any portion of the Constxuction Manager's compensation is based upon a percentage of Construction Cost, then
AIA Docutnenl BSOi flCMa - 1992. Copyrlght @ 1973, 1980 and 1992 by Th6 American lnslrtule ol Arch iecrs. All dghts reserved. -WABNING I Th is ala'
Oocumenr is prorecied by U.S. Copyrighl Law and lnternationalTreatres. Unaulhorized reproduciron or drsrrbution ol ihrs AlA" oocument, or any
portron o, it, may result rn severe civil and criminal penalties and will be prosecuted to ihe maxrmum exienl possrble under lhe law. This docum€nt
was produced by AIA soltware at 1 3:rl5:01 on 1 2/1 22006 unc,e r Oder No. 1 00021 6595_1 which explres o n 1 /1 7/2007, and is noi lor resale.
User Notes: (3144937434)
8
$ {.6 The Owner shall fumish structural, mechanical, chernical, air and water pollution tests, tests for hazardous
mat€rials, and other laboratory and environmental tests, inspections and reports required by law or the Contract
Documents.
Construction Cost, for the purpose of determining such ponion, shall not include the compensation ofthe
Construction Manager or Construction Manager's consultants.
s 5.2 RESPONSTBTLTTY FOR CONSTRUCTTON COST
$ 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates
of Construction Cost prepared by the Construction Manager represent the Construction Manager's bestjudgment 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 Construction
Manager cannot and does not warrant or reprcsent that bids or negotiated prices will not vary fiom the Project
budget proposed, established or approved by the Owner, or from any cost estimate or evaluation prepared by the
Constuction Manager.
$ 5.2.2 No fixed lirnit of Construction Cost shall be established as a condition ofthis Agreement by the fumishing,
proposal or establishment ofa 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 t)?es of construction are to be included in the Contract Documents, to
suggest reasonable adjustments in the scope ofthe Project, and to suggest inclusion of altemate 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 increas€ in the Contract Sums occurring after execution ofthe Contracts for Construction.
$ 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 hoject 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
Documenh to tlle Owner and the date on which proposals are sought.
$ 5.2.4If a fixed limit of Construction Cost (adjusted as provided in Section 5.2.3) 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 ofan increase in such fixed limiti
.2 authorize rebidding or renegotiating of the Prolect within a reasonable timei
.3 if the Project is abandoned, terminate in accordance with Section 9.3: or
.4 cooperate in revising the Project scope and quality as required to reduce the Consruction Cost.
! 5.2.5 If the Owner chooses to proceed under Section 5.2.4.4, the Construction Manager, without additional charge,
shall cooperate with the Owner and Architect as necessary to bring the Construction Cost within the fixed timit, if
established as a condition of this Agreement.
ARTICLE 6 CONSTRUCTION SUPPORT ACTIVITIES
! 6.1 Construction suppon activities, if provided by the Construction Manager, shall be govemed by separate
contractual agreements unless otherwise provided in Article 14.
$ 6.2 Reimbursable expenses listed in Article 14 for construction support activities may be subject to trade discounts,
rebates, refunds and amounts received from sales of surplus materials and equipment which shall accrue to the
Owner, and the Construction Manager shall make provisions so that they can be secured.
ARTICLE 7 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUiIENTS
$ 7.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's
seryice thrcugh which the Work to be executed by the Contractors is described. The Construction Manager may
retain one record set. The Construction Manager shall not own or claim a copyright in the Drawings, Specifications
and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the
author of them and will rerain all common law, statutory and olher reserved rights, in addition to the copyright. All
copies of them, except the Construction Manager's record set, shall be retumed or suitably accounted for to the
Architect, on request, upon completion ofthe Projecl. The Drawings, Specifications and other documents prepared
by rhe Architect, and copies thereof fumished to the Consrruction Manager, are for use solely with respect to this
Project. They are not to be used by the Construction Manager on other projects or for addirions to this Prqect
AIA Documenl BS0lruCMa 1992. Copyrighr Org73. 1980and r992byTheAmercan nsl tule ol Arch lecls. All riqhts reserved.
Th s docLrnreft
was produced by AIA soilware al 13,15:01 onl2rl212006rnderO.derNo1000216595 l whch exp res on 1rr712007 and s nollorresae.
User Notes: (3144937434)
9
outside the scope of the Work without the specific written consent of the Owner and Architect. The Construction
Manager is granted a limited license to use and rcproduce applicable ponions oflhe Drawings, Specifications and
other documents prepared by the Architect appropriate to and for use in the performance of the Construction
Manager's services under this Agreement.
All copies made under this license shall bear the statutory copyright notice, ifany, shown on the Drawings,
Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory
requirements or for other purposes in connection with this Project is not to be construed as publication in derogation
of the Architect's copyright or other reserved rights.
ARTICLE 8 ARBITRATION8.5 Refer to Article 14
(Paragraphs deleted)
ARTICLE 9 TER INATION, SUSPENSION OR ABANDONMENT
! 9,1 This Agreement may be terminated by eirher pany upon not less than seven days' written notice should the
other pany fail substantially to perform in accordance with the terms of this Agrcement through no fault of the party
initiating the termination.
S 9.2Ifthe Project is suspended by the Owner for more than 30 consecutive days, the Construction Manager shall be
compensated for services performed prior to notice of such suspension. When the Project is resumed, the
Construction Manager's compensation shall be equitably adjusted to provide for expenses incurred in the
intemrption and resumption of the Construction Manager's services.
$ 9.3 This Agreement may be terminated by the Owner upon not less than seven days' wfitten notice to the
Construction Manager in the event that the Project is permanently abandoned. If the 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.
$ 9.5Ifthe 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 A$eement. Unless payment in full is received by the Construction Manager within seven days ofthe date of the
notice, the suspension shall take effeat without further notice. In the event of a suspension of services, the
Construction 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 Section 9.7.
! 9.7 Termination Expenses are those costs direcdy attributable to termination for which the Construction Manager
is not olherwise compensated.
ARTICLE 1() TTIISCELLANEOUS PROVISIONS
! 10.'l Unless otherwise provided, this Agreement shall be govemed by the law of the place where the Project is
located.
! 10,2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A2ollCMa,
General Conditions ofthe Contxact for Constuction, Construction Manager-Adviser Edition, cu[ent as ofthe date
of this Agreement.
AIA Document B8O'l CMa - 1992. Copyright @1973, 1980and 1992 byTheAmencan lnstilule ol Archrrects. Allrights res€rve.d. -WAANING:This AIA'
Document is protecled by U.S. Copyrighi Law and lnternalional Trealies. Unauthorized reproducrron or distlbutron ol thrs AIA' Document, or any
portion ol il, fitay result rn severe crvrl and criminal penallres, and will be prosecuted lo the maximum extent possible under the law. This documenl
was produced byAlA soltware al l3:45:01 on12112/2006LrnderOrd€rNo.1000216595 l which expires on 1/1712007, andE not lor resaLe.
Uler ltloles: 13144937434)
10
(ParcBraph d.eleted)
$ 10.3 Refer to Anicle 14
$ '10.4 Waivers of Subrogation. 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
covered by propeny insurance during construction, except such rights as they may have to the procee.ds of such
insurance as set forth in the edition of AIA Document A20l /CMa, General Conditions of the Contract for
Construction, ConstructioD Manager-Adviser Edition, current as of the date ofthis Agreement. The Owner and
Construction Manager each shall require similar waivers fiom their Contractors, Architect, consultants, agents, and
persons or entities awarded separate contracts administercd under the Owner's own forces.
$ 10.5 The Owner and Construcdon Manager, respectively, bind themselves, their panners, successors, assigns and
legal representatives to the other party to this Agreement and to the partnen, successors, assigns and legal
representatives of such other party with rcspect to all covenants of this Agreement. Neither Owner nor Construction
Manager shall assign this Agreement without the written consent of the other.
$ 10.6 This Agreement represents the entire and integrated agreement between the Owner and Construction Manager
and supersedes all p or negotiations, representations or agreements, either written or oral. This A$eement may be
amended only by written instrument signed by both Owner and Construction Manager.
$ 10.7 Nothing contained in this Agreement shall create a conEactual reladonship with or a cause ofaction in favor
of a thtd party against either the Owner or Construction Manager.
$ 10.8 Unless otherwise provided in this Agreement, the Construction Manager and the Constuction 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 form at the Project site, including but not limited to asbestos, asbestos
products, polychlorinated biphenyl (PCB) or other toxic substances.
$ 10.9 The Construction Manager shall be licensed in the State of Idaho and conform to all applicable requirements
of Idaho Code, Title 54, Chapter 45.
$ 10.10 Construction Manager shall perform all ofConstruction Manager's services in compliance with atl
applicable laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction over the Projecr,
any applicable permits and any re€orded coyenants, conditions, and restrictions affecting the Site.
! 10.11. The Construction Manager shall indemnify, defend, and hold harmless the Owner, its officers, agents, and
employees from and against any liability, claims, darnages, losses, expenses, actions and suits, including but not
limited to attomey's fers, arising out of or resulting from the negligent performance or omission by the Consruc on
Manager, its employees, agents, or anyone for whose acts they may be liable under this Agreement. This
indemnification shall survive completion of services provided under or the termination of this agreement. The
Construction Manager's liability is limited to the limits of insurance set forth in afiicle l4.l .
ARTICLE ,I1 INSURANCE
s fl.1 coNsTRucIroN MANAGER',S LTABTLTTY TNSURANCE
$'11.1.'l The Construction Manager shall purchase fiom and maintain in a company or companies laMully
authorized to do business in thejurisdiction in which the Project is located such insurance as will protect the
Construction Manager from claims set fonh below which may arise out ofor result from the Construction
Manager's operations under this Agreement and for which the Construction Manager may be legally liable.
claims under workers compensation, disability benefit and other similar employee benefit acts which
are applicable to the operations to be performed;
claims for damages because of bodily injury, occupational sickness or disease, or death of the
Construction Manager's employees;
AIA Document 8801 rHCMa 1992. Copyright O1973 l980andl992byTheAmerca. nsttuteolArcirle.ls. All rights reserved.
Th s document
was produced by AIA soltware al I 3r,15r01 on I2n2i2006urderOrderNo 1000216595 1 wh ch exp res on 1rl712007 a.d s not lor resa e.
User Notes: (31.+.+937434)
1
.2
'tl
.3 claims for damages because of bodily injury, sickness or disease, or death of any person other than
the Construction Manager's employees;
.4 claims for damages insured by usual personal injury liability coverage which are sustained (l) by a
person as a result of an offense directly or indirectly related to employment of such person by the
Construction Manager, or (2) by another pe6on;
.5 claims for damages, other than to the Work itself, because of injury to or destruction oftangible
property, including loss of use resulting therefiom;
.6 claims for damages because of bodily injury, death of a person or propeny damage arising out of
owne$hip, maintenance or use of a motor vehicle.
$ l'1.1.2 The insurance required by Section I I .l . I shall be written for not less thar limits of liability specified in
Article 14 or required by law, whichever coverage is greater. All required coverage, except for any required
professional liability coverage, must be written on an occurrence basis and shall be maintained without interruption
from date of commencement of services under this Agreement until date of final payment and termination of any
coverage required to be maintained after final payment. Policies required by Section I I . I .l shall name Owner as an
additional insured.
$ 11,1.3 The Construction Manager shall provide errors and omissions professional liability insuance in the amount
specified in Anicle 14 on an aggregate limits "claims made" basis. Construction Manager shall maintain the
specified levels of aggregate limits "claims made" insurance for no less than two years after completion or
termination of Construction Manager's services under this Agreement.
$ 11,1.4 Cenificaes of insurance acceptable to Owner shall be filed with the Owner prior to performance of services
under this Agreement. Each certificate shall contain the following covenant of the issuer: "Should any of the above
described policies be cancelled before the expiration date thereof, the issuing company will mail 30 day's written
notice to the certificate holder."
$ 11.'1.5 Refer to Article 14.
ARTICLE 12 PAY ENTS TO THE CONSTRUCTION MANAGER
S 12.1 DIRECT PERSONNEL EXPENSE
$ 12.1,1 Direct Personnel Expense is defrned as the direct salaries ofthe Construction Manager's personnel engaged
on the Project and the portion of the cost of their mandatory and customary conributions and benefits related
thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations,
pensions and similar contributions and benefits.
5 12.2 REIi'BURSABLE 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 Construction Manager's employees and consultants in the
interest of the Project, as identified in the following Clauses.
! 12.2,1.1 Expense of long distance communications and fees paid for securing approval of authorities having
jurisdiction over the Project.
$ 12.2,1.2 Expense of reproductions, postage, express deliveries and handling of Drawings, Specifications and other
documents.
s 12.3 PAYMENTS 0N ACCOUNT OF BASTC SERVTCES
AIA Documanl 8801 CtIa - 1992. Copyrlght O1973, 1980 and 1992 by The American lnsl tule ol Architecls. All rlg hts reserved. waB NtN G: Th is AtA,
Oocumenl is prolecled by U.S. Copyrighl Law and lnlernaljonalTreaties. unaulhonzed reproduclion or distribunon ot lhis AtAr Documenl. or anv
po.lion ol ii. may resull in severe civiland cflmrnal penalties, and will be prosecuied to ihe marimum exient possrbte under the taw. This docLrme;l t'
was produced by A lA sotlware al 1 3:45:01 on 12/122006 un(l€i Oder No. 1 00021 6595_1 which expircs on 1 /1 7/2007, and is not Jor resate.
lrser Notes: (3144937434)
$ '12,2.1.3 If authorized in advance by the Owner, expense of ovenime work requiring higher than regula.r rates.
I
I
(Paragraph deleted)
! 12.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in
proponion to seryices performed within each phase of service, on the basis set forth in Section 13.2.1.
$ 12.3.3If and to the extent that the time initially established in Section 13.5.1 of &is Agreement is exceeded or
extended through no fault of the Construction Manager, compensation for any services rendered during the
additional period of time shall be computed in the manner set forth in Section 13.3.1 .
! 12.3,4 When compensation is based on a percentage of Construction Cost and any poftions of the Project are
deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent
services are performed on those portions, in accordance with Section 13.2. I , based on ( I ) the lowest bona fide bids
or negotiated proposals, or (2) if no such bids or proposals are received, the latest approved estimate of such portions
of the Project.
S I2.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AND REIIIIBURSABLE EXPENSES
$ 12.4,1 Payments on account of the Construction Manager's Additional Services and for Reimbusable Expenses
shall be made monthly upon presentation ofthe Construction Manager's statement of services rendered or exp€nses
incurred.
S 12.5 PAYMENTS WTHHELD
$ 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 Contractors, or on account of the cost ofchanges in
Work other than those for which the Construction Manager has been found to be liable.
! 'r2.6 CONSTRUCITON ANAGER',S ACCOUNTTNG RECORoS
$ 12.6.'l Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed
on the basis of a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized
representative at mutually convenienr rimes.
ARTICLE 13 BASIS OF COTIIPENSATION
The Owner shall compensate the Construction Manager as follows
s 13.2 BAS|C COMPENSATTON
S 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 Sen,ices:
(lnserl ha:ii-t ol compensali( 1, in(ludhg stipulat(d.tut1ts, nuhiples or pert-entages.)
The cost of pre-construction services is included in the fixed percentage fee fo! construction phase sewices, unless
the project is terminat€d prior to the start of the construction plsse in which case the Owner shall pay the
Construction Manager all costs incurred to darc not to exceed Six Thousand Five Hundred Dollars (96,500.00).
For Construction Phase Services:
(Insen basis oJ compensation, including stipulated sums, multiples or percenrages,)
Compensation for construction phase is 6.2570 of Construction Cost to be fixed at the completion of the bidding
phase and incorporated i[to this Agreement by written addendum.
s 13.3 COtTtPENSATTON FOR ADDTTTONAL SERVTCES
S 13.3.1 FOR ADDITIONAL SERVICES OF THE CONSTRUCTION MANAGER, as described in Anicle 3, and
any other services included in Article 14 as Additional Services, compensation shall be computed as follows:
AIA Docuneht B80l flCMa - 1992. Copyright @ 1973. 1980 and 1992 by The Am6l can lnstitutE ol Architects. Att rtghts rcsen€d. waB N|NG. Thrs AtAr
oocument rs protected by U.S. Copyrrghl Law and lnternaiional Trealies. Unauthorized reproduclion o. distribulon oI this AtAt Document, or anyporlion ol il, may result in severe civil and crimrnal penalires, and will b€ prosecured ro the max mum extent possibte under the law Thrs docurneni
was produced byAlA sottware al l3:45:01 on 12l122006 lnder Order No.1000216595 1 which e)(pires ofl 1 /1712007, and is not tor resate.
lJser NotB: (3144937434)
13
S13.1 AN IMTIAL PAYMENT of Zrro Dollats atdZrro Cents ($ 0.00 ) shall be made upon execution ofthis
AgreEment and credited to the owner's account at final payment.
(lnsert basis of compensotion, including rates and/or multiples of Direct Personnel Expense for Pincipals and
emplorees, and id.entify Principols and classift employees, if required. Identify specifrc services to which panicul.ar
methods of conpensotion apply, if necessary. )
Direct cost plus 6.2570.
S I3,4 REIi'BURSABLE EXPENSES
S 13.4.1 FOR REIMBURSABLE DGENSES, as described in Section 12.2, and any other items included in Article
14 as Reimbursable Expenses, a multiple of One ( 1.00 ) times the expenses incured by the Construction
Manager and the Construcdon Manager's employees and consultants in the interest of the Project.
$ 13.4.2 At the completion ofthe bidding phase, Construction Manager shall present to Owner a budget allowance
for Reimbursable Expense which, if approved by Owner, shall be incorporated into this Agreement by written
amendment.
s 13.5 ADDTTTONAL PROVTSTONS
S 13.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within Eighteen ( l8)
months ofthe date hereof, through no fault of the Construction Manager, extension of the Construction Manager's
sewices beyond that time shall be compensated as provided in Sections 12.3.3 and I 3.3. L
$ 13.5.2 Payments are due and payable Fifteen ( l5 ) days fiom the date ofthe Construction Manager's invoice.
Amounts unpaid Thirty ( 30 ) days after the invoice date shall bear interest at the mte 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.
(lnsert rate of interesl agreed upon.)
| rc.zsro per annum
(Usury bws and requirements under the Federal Truth in l,endin| Act, similar state and local conswner credit laws
and other regulations al the Ou,)ner's and Constuction Manoger's principol places of business, the location of the
Projecl and elsewherc may affect the vali.dit! of this provision. Specijic legal advice should be obtained with respect
to deletions or modifications, atd also regarding requirencnts such as \aitten disclosures or waivers.)
S '13.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with
normal salary review practices of the Construction Manager.
ARTICLE 14 OTHER CONOITIONS OR SERVICES
(Insen desciptions of other services, identifl Additional Services included within Basic Compensation and
modirtcafiots lo the payncnt and compensation terms inclu.ded in this Agreement.)
8.5 Claims, disputes or other matters in question between the parties to this agreement arising out of or relating to
this agreement or breach thereof shall be subject to mediation as a condition precedent to the institution of legal or
equitable proceedings by either party.
8.5.1 The panies shall endeavor to resolve their claims by mediation which, unless the panies mutually agree
otherwise, shall be in accordance with the Construction Industry Mediation Rules ofthe American Arbitation
Association currently in effect. Request for mediation shall be filed with the other party to the ageement. The
request may be made concurrently with the filing of a legal action but, in such event, mediation shall prcceed in
advance of legal or equimble proceedings, which shall be stayed pending mediation for a period of sixty (60) days
from the date of filing, unless stayed for a longer period by agreement of the parties or court order.
8.5.2 The parties shall endeavor to mutually agree on an independent, professional mediator within l5 days of the
request for mediation. The parties shall share the mediator's fee equally. Agreements reached in Mediadon shall be
enforceable as seftlement agreements in any coun having jurisdiction thereof. The parties shall pay all oftheir own
expenses associated with mediation, including any attomey fees and travel expenses.
AIA Document BSO1 nCMa - 1992. Copfight @ 1973, 1980 and 1992 by The Amencan lnstilule oJ Architects. All rlghls reserved. WARNING: This AlAt
Documenl is protected by U.S Copynght Law and lnlernaliohal Trealies. unauthorized reproduction or disiribuiion ol lhis AIA! Oocument, or any
portion ol (, may resull in severe civil and criminal penalties, and will be proseculed lo lhe maximum extenl possible under lhe law Th s document
was produced by AIA sortware al 13:45:01 on 12l122006 under Order No.1000216595_1 wh ch etpnes on-l/17/2007, and s not lor resa e.
User l{oles: {3144937434)
14
8.5.3 In the event that legal or equitable proceedings are instituted between the parties to this Agre€ment to enforce
the terms aDd conditions of this agreement or arising ftom the breach of any provision hereof, the prevailing pany
will be entitled to receive from the other pany all costs, damages, and expenses, including reasonable attomey's
fees, incurred by the prevailing party, whether or not such controversy or claim is litigated or prosecuted to
judgment. The prevailing party will be that party who was awarded judgment as a result of trial or other proceeding
and determined to be the prevailing party by the judge or other presiding authority.
10.3 Causes of action between the parties to this agreement pertaining to acts or failures to act shall be deemed to
have accrued and the applicable statures of limiratioos shall corunence to run not earlier than the date of issuance of
final Certificate of Payment.
AIA Document BSO| flCMa - 1992. Copyright @ 1973, 1980 and 1992 by The Amer can lnstilute ol Archrrects. All righls resened. waR NING: This alAr
Document is prolected by U.S. Copyrighl Law and l6lernalional Treaties. Unaulhorized r€produciron or drstlbulron ol thrs AIA' Document. or any
porlion ol il, may result rn severe civil and cnmrnal penalires, and will be prosecuied to lhe maxrmum exieni possible under the law. This documenl
was produc€d by A lA soltware al 1 3:45:01 on 1211212006 lndet O.der No. 100021 6595 1 which expircs on 1 /1 7/2007, and is nol lor resale.
lJser Notes: (3144937434)
15
I S r4.i LTT TS oN TNSURANCE
The insurance required by Article 1l shall be written for not less than the following limits, or greater if requted by
law:
(Paragraph deleted)
I1.1.3 Work€r's Compensation:
a) Stale: Idaho Statutory
b) Applicable Federal Slatutory
c) Employer's Liability $100,000 per accident
. $5m,000 Disease. Policy Limit
. $100,0m Dis€is€, Each Employe€
.Comprchensive or Commercial General Uability (including Premises-Operationsi Independenl Contractors' ProtectivEi
Products and Completei Opentions; Broad Form Propeny Damage):
a) Bodily Injury: $1,000,000 Each Occunence
. $2,m0,0m Aggregate
b) Propelty Damage: $1.m0,0m Each Occunence
. $2,m0,000 Aggregate
c) hucts and Completed op€rations to b€ mainGined for at leasl thre! years after 6nal payment:
$1,000,000 AggreSare
d) Property Damage Liability Insumnce shall pmvide X, C, and U coverage-
e) Broad Form Propeny Damage Coverage shall include Completed Operations.
Con[actual Liability:
a) Bodily Injury: $1,000,000 Each Occurreoce
b) Prope(y Damagei $1,000.0m Each Occurrence
$2,000,000 Aggregate
Personal Injury, wilh Employmenl Exclusion deleled:
$1,000,0m Aggrcgate
BusiDcss Automobile Liability (including owned, non-owned and hirEd vehicles):
a) Bodily Injury: $1,000,000 Each Occurrence
b) ProFrty Darnage: $1,000,000 Each Occurrcnce
Prof essional Liability:
$1,000,000 Aggregate
14.2 See Exhibit "A" attached hereto and made a pan thereof.
(Rows deleted)
This Agreement entered into as ofthe day and year fiISt wdnen above
ture)
Tammy de Weerd, Mayor
(SiBnature)
David B. Maloney. General Manager
(Printed nome and title)
Attest:
(Printed name and title)
fr7V>*wz J7 C$
-.4aaCitv Clerk aqxrv a
AIA Documont 880'l CMs - 1992. Copfight O1973, 1980and 1992 byTheAmerican lnstilure olArch(ecrs. AllrighE re!€rved. WARNTNG:This atAt
Documeni rs proiected by U.S. Copyrighr Law and lnierna oral Treares Unaulhon2eo 'eproduciror or otslribul'ol ot thrs AtA! Oocurneni, or a.yportio. ol it. may resuli rn severe civiland crini.al penalties. and will be prosecuted to lhe maximum ertent possibte under the taw. Thrs documenr
was produced by AIA sottware al13:45:01 on 12l122006 uncbr Oder No.1000216595 l which gxpires on 1/1712007, and is not lor resate.
Ua€r Notes: (3144937434)
r r3l
8E;iL
C0NSTRUCTION tTIANAGEROWNER
zdl,no,f
!)
EXHIBIT "A'
Meridian City Water Department Building
Construction Managemenl Services
Project Fee Proposal
Date December 11 ,2006
Typical Reimbursable General Conditions Costs: items will be added or deleted as the
specific job requires.
Superintendent
Job Trailer Set Up
Offi ce Fumiture/Supplies
Bid Advertising
Construction Photo graphs
Quality Control & Testing
Surveying/Layout
Crane/Forklift
Small Tools
Project Identification
Temporary Roads and Staging
Temporary Fencing and Trailers
Temporary Electric Service
Temporary Power & Light
Temporary Electrical Consumption
Temporary Sanitary Facilities
Construction Water Service
Drinking Water
Job Trailer
Storage Trailer (if required)
Telephone/Fax Line
Reproduction of Plans/Specs
Postage/Express
Safety and First Aid
Security
Continuous Cleanup/Gopher
Dust Control
Trash Containers
Final Clean Up
Temporary Heat
Temporary Protection
Miscellaneous General Conditions
Permits and Fees
Bond
Liability Insurance
Professional Liability
Additions and Deletions Repoftfor
AIA' Document 8801*cMa- 1gg2
This Additions and Deletions Repon, as defined on page 1 ol the associated documenl, reproduces below all text lhe author has
added lo the standard lorm AIA document in order to complete il, as well as any text the author may have added lo or deleled iiom
the originalAlA text. Added text is shown underlined. Deleted texi is indicated with a horizonlal line through the original AIA text.
Nole: This Additions and Deletions Repon is provided for inlormation purposes o.ly and is nol incorporaled into or constitute any
part ol the associated AIA document. This Additions and Deletions Report and its associaled documenl were generaled
simultaneously by AIA software at 13:45:01 on 12j1212006.
PAGE 1
AGREEIIIENT made as ofthe l!5lday of December in the year of Two Thousand Six
City of Meridian
660 East Watertower. Suite 200
Meridian. Idaho 83642
Kreizenbeck Constructors. Limited Liability Companv
251 East Front Sueet
Suite I l0
Boise. Idaho 83702
06-021 Meridian Water Department Buildinq
2235 Nonhwest 8th Street
Meridian. Idaho 8 3612
This oroiect consists of a 10.600 so uare foot sin ple storv buildins ofconstruction class IIIB. In addition to normal
building construction tasks. this work also includes construction of fencing and temDorary parking areas
PAGE 2
B14l was executed before Owner considered ensasins a Construction Manager for this Proiect. Owner shall notify
of Construction Man and O shall ne
modifications to the AIADocumentBl4l to accom te and incorDorate the Construction Manaqer's services
into rhe Projecr.
PAGE 3
$ 2.2.7 The Construction Manager shall eemnlt-r*i+F1gy!9qthe Or*ne++nd4rehi*e€*eg€rding+h€-Consrucrion
Documents and make recommendations whenever design details adversely affect constructability, cost or schedules.
$ 2.2.8 The Construction Manager shall pro+i
r afdilrg-lele$elitbl9&Lthe 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.
1
Additions and D€lelion3 Roport lor AIA Oocument 8801 CMa - 19911. Copyright @1973, 1980and 1992 byTheAmerlcan lnstitute o, Archilecls. All
rights reaerved. WARt{NGr Thi3 AlA" Document l. protectod by lJ.S. Copyrlghl Lew and lnlernetional Trcllle!. Unluthorlz€d r.producllon or
dbtribullon ol thi3 AlA" Documenl. or Eny ponion ol lt, mey ralult ln l€verc civil and criminal penahles, and will be proseculed to the meximum
eienl po3slble undd the lew. This document was produced by AIA sottware al 13:45:01 on 1?]12120c5 undet Ot&r No.I000216595_1 which exprres on
l/1712007, ancl is nol lor resale.
lJser Notesr (3144937434)
BRS Architects
l0l0 S. Allante Steet. Suite 100
Boise. ID 83709
$ 1.1.2 The Construction Manager's services shall be provided in conjunction with the services of an fuchitect as
described in the edition of AIA Document Bl4-#eMa-Bll-LStandard Form of Agreement Between Owner and
Architect, @urrent as of the dateof this Agre€ment. The AIA Document
$ 2,2,9 The Construction Manager shall p+e+i
altoeatien €lallasaq responsibilities for safety prcgrams among the Contactors.
S 2,2,l7 The e€nstru
g*nert-eeerevaf
PAGE 4
$ 2.3.3.1 The Construction Man aser shall provide a full time Proiect Superintendent and anv necessarv assistants
unreasonable withheld. If the Proiect SuDerintende leaves the emolov of the Construction Manaser. the
ction Man shall submit his lacement to the Owner
unreasonablv withheld-
S 2.3.5 Utilizing the CoDstruction Schedules provided by the Conractors, the Construction Manager shall update the
Project construction schedule incorporating the activities of the 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 proculement. The Project construction schedule shall include
the Owner's occupancy requirements showing ponions of the Project having occupancy priority. The Construction
Manager 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 g1{llqplglqg4corrective action to-lpo1lbgleteulIg!!99lthe owtrerand
,C+€hi{e€+Ofugt
! 2.3,7 The Construction Manager shall endeavor to obtain satisfactory performance from each of the Contractors.
The Construction Manager shall recommend courses of acdon to the Owner when requirements of a Contract are not
being fulfilled. The Construction Manaser shall implement corective action to be taken upon the concurrence of
the Owner.
PAGE 5
$ 2.3.11.2 The Construction Manager shall prepare a Project Application for Payment based on the Contractors'
Cenificates for Pav ment. The Construction Manaeer shall not submit a Proiect ApDlication for Pavment more rhan
PAGE 6
$ 2,3.19 The Construction Manager shall receive certificates of insurance from the Contractors and forward them to
the ewner rvith a eepy te the ,1*ehi'ee*Owner.
$ 2.3.21 The Construction Manager shall record the progress of the Project. The Construction Manager shall submir
monthly written progress reports to the Owner and Architect including information on each Contmctor and each
Contractor's Work, as well as the entire Project, showing percentages ofcompletion. The Construction Manager
shall keep a daily log containing a record of weather, each Contmctor'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.
S 2,3,24 With the Architect and the Owner's maintenance personnel, the Construction Manager shall observe rhe
Contractors' final testiag-E$i4 lalqlqilriqtitg-and start-up of utilities, operational systems and equipment.
Commissioning shall in this instance mean the effon reouired to demonstrate that the mechanical and elecrical
systems of this building work and work together to acqompliEh the desisned environment.
PAGE 7
2
Addruon3 End Oelelions Report tor AIA Docomenr 8801 CMa- 1992. Copyright O1973, 1980 and 1992 by The American lnsl tule o, Archilecls. All
righb reaerved. WARNING: Th,s AlAr Oocumenl is prolecled by U.S. Copyrighl Law and lnternational Treatles. Unaulhorized reproduclron or
dist burroi ol rnrs AlA" Document,o.aiypo'lionolrr may resull in s€vere crvrland clmrlalp€rallres. and wrllb€ prosecured lo lhe marrmum
eneni possible under the law. This docLrmenl was produc€d by AIA soltware al13i45:01 on 121212006 und€r Orc,€r No.1000216595 I whrch exprres on
111712co7, and s nol lor resale.
lJser Not6: 13'144937434)
durinq the construction phase. The Project Superintendent shall be approved by the Owner. which shall not be
once a month unless agreed to by the Owner.
$ 2,3.29 The Construction Mana ser shall orovide coordination and Drocurement durine the Contractor's one
od of corection of Work for an
tion rt shall be included as of hasic
phase services.
The Construction Man with the Architect and Owner s
od of tion of Work re ess of final a ent of co nsation to
Construction Manaser.
$3,3,1 Previding s ipfli€fl+.
firm+urq{rtmisli*gsfitd-fe+ate+eq$?mei*
$ 3,3,5 PreYiding serviees fer tenant imprevements,
PAGE 8
S 1,3 Ifrequested bY t
$ 4.5 The Owner shall retain an architect whos€ services, duties and responsibilities are described in the edition of
AIA Document B]4fl€marBlllStandard Form of Agreement Between Owner and Archircct, €ens*retien
Managef-A^d+i€e*di{i€+,{urrent as of the date of this Agrecment. The Terms and Conditions of the Agreement
Between the Owner and Architect shall be furnished to the Construction Manager and shall not be modified without
wdtten consent of the Construction Manager, which consent shall not be uffeasonably withheld. The Construction
Manager shall not be responsible for actions taken by the Architect.
PAGE 1O
8.5 R€fer lgf€€s€a+{dsrflt-eut
pa*i€&#utuaIy-rye€-ethef1t,is€.
to Afiicle l4.this+gr€emeflt-ard +ith{}e
bared by the appli€able statut€s ef limit'ldens,
r arrd aoy oth€r persen
itt*e-€€nse*-t€
$.44he arrard rende itrater er arbitraters shall be final; and judgrrent may be enrered u-en it in
3
Addhions end Deletions RePort lor AIA Document A80l flCMa - 1992. Copyrighl O 1973, 1980 and 1992 by The American lnstitute ot Archilects. All
righB re36rv€d. IVAFNING: This AlA" Document is prolected by U.S. Copyrighl Law and lnternational Treatie!. Unauthorized reproduclion or
drstribulron ol ih's AlA" Documenl, or any ponron ol rr rnay reault in 3evere civrl and cflm,rat F€nalties, and witt be pros€cured to the martmum
extenl possibl€ under fhe law. This documenl was produced by AIA sottware at l3:45:01 on 1212/20cf' undet Ot&r No.1000216595_t which exprr€s on
1-17'2007, and s nol lor resa,e.
lJser Note3: p144937494)
PAGE 11
g l0,3 eauses of a€ti
have ae€rued aJrd *re ap
issuan€e
ion.
I 10.3 Refer to Anicle 14.
0 10.9 The Construction Manager shall be licensed in the State of Idaho and conform to all applicable reouirements
of Idaho Code, Title 54, Chapter 45,
Q 10.10 Construction Manaser shall perform all of tion Manaser's services in comoliance with all
applicable laws. ordinances. rules. regulations. or orders of anv oublic authoritv havine iurisdiction over the Proiect.
any applicable permits and any recorded covenants. conditions. and restrictions affecting the Site
Q 10,11. The Construction Manager shall indemnify.defend. and hold harmless the Owner. its officers. asents. and
emDloyees from and asainst any liabilitv. claims. dama losses. exDenses. actions and suits. including but not
limited to attomev's fees. arisins out of or resultins ftom the neslipe nt Derformance or omission hv the Construction
Manager, its emDloyees, agents, or anyone for whose acts thev mav be liable under this Asreement. This
PAGE 12
11.1.3 The Construction M shall errors and omissions fessional
tn tl shall maintain the
soecified levels of aeereeate limits "claims made" insurance for no less than two years after completion or
termination of Construction Manaser'\ \er\ ices under thi\ A0reement-
1'l,1,4 Cenificates of insurance o to rformance of
under this Agreement. Each certificate shall conrain the foll owing covenant of the issuer: "Should anv of the above
described Dolicies be cancel Ied before the expiration date thereof. the issuinp comDan y will mail 30 day's written
$ 12.2.1.'l Expense of trans-ertatien in eenneetien rvith the Prqieet; exqei!€s-ix-€€nne€+i€n *ithputloFized€urol
lewn tsav€li l6ng distanee €emmunieatiensi lone distance communications and fees paid for securing approval of
authorities having j urisdiction over the Project.
$l2.2.l.2ExpenseofIeproductions,poStage'express@sand
handling ofDrawings, Specifications and other documents.
4
Addlllon! 8nd O€letlons Report lor AIA Documenl 8801 Clra - 1992. Copyrlght O1973, 1980ard 1992 byTheAmeican lnstitute ot Archil€cts. Altrtrhtl elcrved. WARNIIIG: Thrs ala" oocumenl is prolected by U.S. Copyrighl Law and lnternalionalTreaties. Unauthorized reproduction or
di3lribution ol this AIA' Oocumenl. or any porlion ol ri. may re3ull rn 3€vere crvil and c.iminal p€naltres. and wrll be pro3€cuted io the m.rrmulrl
ertenl po$ible u n der the law. This document was prodLrc€d by AIA sotlwar€ al 1 3:45:01 on 1 2/ 1 2/2006 under Order No. 1 000216595_t which exp res on
1/172m7. and is not lor resale.
lJaer l{otea: (3144937434)
Construction Manager's liabilitv is limited to the limits of insurance sei fonh in anicle 14. 1 .
$ 1'1.'l.2 The insurance required by Section I L I . I shall be written for not less than limits of liability specified in
Article 14 or required by law, whichever coverage is greater. e€+seges'-rvhe+heFAll required coverase. except for
any required professional liabilitv coveraee. must be written on an occurence er+ldms-made$a$q!gg!934{shall
b€ maintained without interruption from date of commencement of epera*eas-5g1yigggunder this Agreement until
date of final payment and termination of any coverage required to be maintained after final payment. Policies
required tly Section I l. I .l shall name Owner as an additional insured.
notice to the certificate holder."
I 11.1.5 Refer to Anicle 14.
$#-2Jr4€"penseo inswen€e €everate er ti
@
PAGE 13
S 13.1 AN IMTIAL PAYMENT of ($-Zero Oottars ana Zero C ) shall be made upon execution of
this Agreement and credited to the owner's account at final payment.
The cost of pre-co.struction services is included in the fixed Dercentase fee for construction phase servic€s. unless
the project is terminated prior to the stan of the construction phase in which case the Owner shall pay the
Constuction Manaser all costs incured to date not to exceed Six Thousand Five Huodred Dollars ($6.500.00).
Comoensation for construction Dhase is 6.257r of Construction Cost to be fixed at the com Dletion of the biddins
S 13.4.1 FOR REIMBURSABLE EXPENSES, as described in Section 12.2, and any other ircms ircluded in Anicle
14 as Reimbursable Expenses, a multiple of One ( 1.00 ) times the expenses incurred by the Construction
Manager and the Construction Manager's employees and consultants in the interest of the Project.
13.4.2 At the letion of the biddin ha Construction shall t to Own a
for Reimbunable ExDense which. if aDDroved bv Owner , shall be incorDorated into this Agreement by wriften
amendment.
S 13.5,1 IF THE BASIC SERVICES covered by this Agreement have not been completed within Eishteen ( !)
months of the date hereof, through no fault of the Construction Manager, extension of the Construction Manager's
services beyond that time shall be compensated as provided in Sections 12.3.3 and I 3.3. l.
$ 13.5.2 Payments are due and payable Fifteen ( 15 ) days fiom the date ofthe Consuuction Manager's invoice
Amounts unpaid Thirty ( 30 ) days after the invoice date shall b€ar 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.
10.2570 Per annum
8.5 Claims. disDutes or other matters in ouestion between the Darties to this agreement arising out ofor relatins to
this asreement or breach thereof shall be subiect to mediation as a condition precedent to the institution of lesal or
otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration
Association currently in effect. Reouest for mediation shall be filed with the other Dany to the agreement. The
n rl hrh tl lin ofale al acti n h n n n
advance of lesal or eouitable oroceedinss. which shall be sta yed pending mediation for a Deriod of sixty (60) davs
frnm the date nffilinq rnlesq staverl fnra lonoer neriod hv agreempnt nfrhe narties.lr.n,,n nfflpr
2 The nl n n 5da of the
request for mediation. The parties shall share the mediator's fee equallv. Agreements reached in Mediation shall be
enforceable as settlement aqreements in any coun having iurisdiction thereof. The parties shall pay all of their own
exDenses associated with mediation, including any attomey fees and travel expenses
Addhlons and Deletions Report lor AIA Documenl BA)1 Ctla- 1992. Copyright @1973, 1980and 1992 byTheAmerlcan lnslitute ol Architects. All
rlghts reserved. wARNING: This AlA" Oocumeni is proiecied by U.S. Copyright Law and lnternational Treaties. Unaulhorized reproduction or
drsinburoi ol rhrs AIA' Oocumenl, or a'1y po'1ror ol rr. may resuli rn severe crvrl and c.lmrlal pelallres, and wrll be prosecured lo lhe maxrmum
erteni possible under lhe law. This documenl was produced by AIA sotlware at 13i45:01 on 12./1212006 ondet Otder No.1000216595_1 v,'hich expires on
111712007. and s nol Jor resale.
Uler Note3: (3144937434)
5
PAGE 14
Direct cost plus 6.25%.
e{uitable proceedines by either partv.
8.5. I The oanies shall endeavor to resolve their claims by mediation which. unless the panies mutually agree
8.5.3 In the event that lesal or equitable proceedings are instituted between the Darties to this Agreement to enforce
the terms and conditions ofthis agreement or arising from the breach ofany provision hereof. thqprqvailinq partv
will be entitled to receive fiom the other Dartv all costs.damases.and exDenses- includins reasonahle attomev's
fees. incurred bv the prevailing pany. whether or not such controversy or claim is litisated or prosecuted to
as a result oftrial or other
and determined to be the Drevailins Darty bv the iudpe or other oresidins authoritv
10.3 Causes ofaction between the Darties to this agree ment oertaininp to acts or failures to act shall be deemed to
have accrued and the applicable statutes of limitations shall commence to run not earlier than the date of issuance of
final Ceni of Payment
PAGE 16
6
Addhlon. rnd OelellonB Report tor AIA Document B80l CllE - 1992. Copyright O1973, 1980 and 1992 by The Ameican lnstituie oI Archil€cts. All
rights relc.yed. WABNING: Thrs AIA' Oocumenl is protected by U.S. Copyight Law and lnternationalTreaties. Unauthorized reproduction or
dislribution oi this AlA3 Documenl, or any porlion ol it, may result in severe civil and criminal p€nalties, and will b€ prosecuted io th€ maxrmum
exient possrbre under rhe law. This c,ocume.t was produc€dbyAlA sottwars at 13:45:01 on 12/12J20c6 urdet Ot&r No.1000216595_1 whlch erp r6s on
1/17l20O7, and is not lor resale-
lJs.r ?{ote3: (3144937434)
5 14.1 LtMtTS ON TNSURANCE
i'i ,: o,, t. . ..,n.n-,,"n.
s500.0m Di(eaie Poli.v Limir
.Comprchensive or Commercial G€neral Liabilir! (includine Premises-Operations: Independent Conracroni' Prolective:
Producrs and Complered Operations: Broad Form kopenv Damase):
c) Products and Complered Op€ralions to be maintained for at least three vears after final pavment:
$1.000.000 AgCregare
d) P.openy Damage Liability lnsurance shall provide X. C. and U coveraqe.
e) Broad Form Propeny Damaqe Coveraqe shall include Completed Operatio.s.
Contractual Liability:
Personal Iniurj. with Employment Exclusion deleled:
timit€++iab{iry{${.00)
Ma Dayra t Malqley,C
Typo€+imu{in€€
Tamm de
Attest:
City Clerk
7
Addftlon3.nd Doletlotu Reporl lor AIA Document Aml CHa - 1992. Copyrighl @ 1973, 1980 and i992 by The American lnslituto ol Archit€cls. All
righlr ro!6rv6d, WARt{NG: Thls AIA' Documenl ls prolected by U.S. Copyrlohl Law and lnternational Treaties. lJnauthorized reproductlon or
di3lribulion ol this AlA" Document, or any portion ol at, may result in severe civil and criminal p€nalti6, and will tE prosecuted to th6 mrrlmum
exlenl pos3ible under lhe lavr. This documenl was produc€d by AIA sotlware al 1 3:45i01 o. I 21 2/2006 under Oder No. 1 000216595_1 which oxprres on
1/1712007, and is nol lor resalo.
user l{ot€: (3144937434)
a) Bodilv Iniuw: 51.000.000 Each Ocrurrence
- 52.000.000 Ae€reqale
b) Propenv Damaee: 51.000.000 Each Occurrence
. $2-000.000 Assreqate
Busin€ss Automobile Liabilirv (includinq owned. non-owned and hted vehicles):
a) Bodilv Iniurv: S1.000.000 Each Occurrence
b) Prooe(v Damase: s1.000.000 Each occurrcnce
Prof€ssional Liabilirv:
S1.000.000 Assresate
14.2 See Exhibit "A" attached hereto and made a part thereof.
Meridian City Council
December 12,2006
Page 4 of 51
Associated with ACHD Overland, Linder to Meridian Road
Project not to exceed $8,900.00:
P. Chanoe Order No. 1 of Contract with DC Enqineerinq for
lnstallation and Programming of Remote Terminal Units
(RTU's) at 8 Pressure Reducing Valve (PRV) Locations not to
exceed $2,700.94:
Coniunction with ACHD Locust Grove, Franklin to Fairview
Road Proiect to Central Pavinq for $348,459.20:
R.A roval of Bid for Water an rlm
Coniunction with ACHD Overland , Topaz to Cloverdale Road
Proiect to Masco , lnc. for $298,397.90:
S. Chanqe Order No. 1 for Water and Sewer lmprovements in
Coniunction with the Locust Grove Grade Se paration with
Williams Northwest Pipeline for $17,910.00:
T. Approve New Beer and Wine Licenses for Smoky Mountain
Pizza & Pasta Fairview Lakes LLC dba Smoky Mountain
Pizzeria Grill at 980 E. Fairview Avenue:
U. Aqreement between Citv and Kreizenbeck Constructors for
Construction Manaqement Se!1ytees for Water Department
Buildinq at 2235 Northwest 8th Street:
De Weerd: ltem 5 is our Consent Agenda. Mr. Bird.
Bird: Madam Mayor, as I said earlier, ltem D has been asked to be tabled until
December 19th, 2006, and nothing else has been asked to be deleted, so I move we
approve the revised Consent Agenda for the Mayor to sign and the Clerk to attest on all
papers.
Rountree: Second.
O. Approval of Bid for Water and Sewer lmprovements in
De Weerd: I have a motion and a second on the Consent Agenda. Any discussion? Mr.
Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports: