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HomeMy WebLinkAboutIndependent Contractor Agreement with Kreizenbeck Construction for Police Station Kreizenbeck Constructors, Inc. Transmittal Date: June 11, 2001 To: William G. Berg, Jr. City Clerk 33 E. Idaho Ave. Meridian 10 83642 RECEIVED JUN 1 2 2001 CITY OF MERIDIAN' Re: Meridian Police Center Job # 01-003 We are sending you: Attached Copies Date Description One Fully executed Owner/CM Contract Action: for your files Copy to: File Signed: Rob Uhlorn 300 West Myrtle Street · Boise. 10 83702 · 208 336-8500 · FAX 208 336-7444 AlA Document B801/CMa Standard Form of Agreement Between Owner and Construction Manager where the Construction Manager is NOT a Constructor 1992 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. This document is intended to be used in conjunction with the 1992 editions of AlA Documents B141/CMa, AlOl/CMa and A201/CMa. AGREEMENT made as of the Second day of April in the year of (In !I'ords. indica/e da.!: 1110mb and .l'ear.) Two Thousand One BETWEEN the Owner: (Name and address) City of Meridian 33 East Idaho Boise, Idaho 83642 and the Construction Manager: (Name and address) Kreizenbeck Constructors, Inc. 300 West Myrtle St. Boise, Idaho 83702 for the following Project: (II/clude detailed descripliml oj Prq;ect. (ocati01/. address and scope,) Meridian Police Center Meridian, Idaho The Architect is: (Name aud address) Lombard-Conrad Architects, PA 1221 Shoreline Lane Boise, Idaho 83702 The Owner and Construction Manager agree as set forth below. Copyright 19"'3,1980, @1992 by The American Institute of Archicects, 173; Ne,,'York Avenue. N.W.. Wa..~hingcon. D.C. 2ll006-S292. Reproduction of rhe malerial herein or subslamial quotation of its prm'isions without ",rilten permission of the AlA violates the copyright laws of che Uniled Stares and will subiect the violator 10 legal prosecution. AlA DOCUMENT B801/CMa . OWNER.CONSTRUCTION MANAGER AGREEMENT · 1992 EDITION . AL"~ . @]992 . THE AMERICAN INSTITl'TE OF ARCHlTECTS. 17.'15 NEW YORK AVENUE. N.W., WASHINGTON. D.C. 20006-;292 . WARNING: Unlicensed photocopying violates US. copyright laws and will subject the vioIBlorto legal proseeutlon. 8801/CMa-1992 1 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, Construc. tion Manager's employees and Construction Manager's con- sultants as enumerated in Articles 2 and 3 of this Agreement and any Other services included in Article 14. 1.1.2 The Construction Manager's services shall be provided in conjunction with the services of an Architect as described in the edition of AlA Document B14IfCMa, Standard Form of Agreemenr Between Owner and Architect, Construction Manager-Adviser Edition, current as of the elate of this Agreement. 1.1.3 The Construction Manager shall provide sufficient organization, personnel and management to carry OUI the requirements of this Agreememin an expeditious and eco- nomical 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 Subpardgraph 13.5.1. ARTICLE 2 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Construction Manager's Basic Services consist of those described in Paragraphs 2.2 and 2.3 and any other ser- vices idemified in Article 14 as part of Basic Sen'ices. 2.2 PRE-CONSTRUCTION PHASE 2.2.1 The Construction Manager shall re\'iew the program fur- nished by the Owner [Q ascertain the requirements of the Proj- ect and shall arrive at a mUlual understanding of such require- ments with the Owner. .2 The Construction Manager shall provide a . uation of the Owne ' " 1e ule and construe- requirements, each in terms of the other. .2.3 Based on early schematic designs and other design cri- teria prepared by the Architect. the Construction Manager shall prepare preliminary estimates of Construction Cost for pro- gram requirements using area, volume or similar conceptual estimating techniques. The Construction Manager shall pro- vide COSt evaluations of alternative materials and systems, 2.2.4 The Construction Manager shall expeditiously review design documents during their developmem 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 recom- mendations on relative feasibility of construction methods, a\'ailability of materials and labor, time requirements for pro- cmemem, installation and construction, and factOrs related to construction COSt including, but not limited to, costs of alternative designs or materials, preliminary budgets, and pos- sible economies. 2.2.5 The Construction Manager shall prepare and period. ically update a Project Schedule for the Architect's review and the Owner's acceptance. The Construction Manager shall obtain the Architect's apprm'al for the portion of the pre. Iiminary 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 Architect's services and the Owner's responsibilities WiIh anticipated construction schedules, high- lighting critical and long-lead-time items. 2.2.6 As the Architect progresses with the preparation of the Schematic, Design Development and Construction Docu- ments, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construc- tion 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 the Owner's approval. The Construction Manager shall ad- vise the Owner and Architect if it appears that the Construc- tion Cost may exceed the latest approved Project budget and make recommendations for corrective action. 2.2.7 The Construction Manager shall consult with the. Owner and Architect regarding the Construction Docu- ments and make recommendations whenever design details adversely affect constructlbility, COSt or schedules. 2.2.8 The Construction Manager shall provide recommen- dations and information to the Owner and Architect regard- ing the assignment of responsibilities for temporary Project facilities and equipment, materials and services for com- mon use of the Contractors. The Construction Manager shall verify that such requirements and assignment of respon- sibilities are included in the proposed Contract Documents. 2.2.9 The Construction Manager shall provide recom- mendations 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 divi- sion of the Project imo individual Contracts for various categories of Work, including the method to be used for selecting Contractors and av.rarding Contracts, If multiple Con- tracts are to be awarded, the Construction Manager shall review the Construction Documents and make recommen- dations as required lO provide that (1) the Work of the Con- tractors is coordinated. (2) all requirements for the Project have been assigned to the appropriate COlmact, (3) the likelihood of jurisdictional diSputes has been minimized, and (4) proper coordination has been provided for phased construction. 2.2.11 The Construction Manager shall prepare a Project con- struction schedule providing for the components of the Work, including phasing of construction, times of commencement AlA DOCUMENT B801/CMa . OWNER.CONSTRl'C,IO;-; ~lANAGER AGREEMENT. 1992 EDlTIOK . ,\IX' . 101\192 . THE A~IERICAN INSTITtTE OF ARCH I TECrS. 17.~5 NEW YORK J\.\"ENL'E. N.\,(... WASHINGTON. o.c. 20lHI(,.5292 . WARNING: Unlicensed photocopying yjolates u.s. copyright laws and will subject the violator to legal prosecution. B801/CMa-1992 2 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 constitme a representation to the Owner, based on the Construction Manager's dererminations at the site as pro. ,-ided in Subparagraph 2.3.]3 and on the data comprising me ContractOrs' Applications for Payment, that, to the beSt of the Construction Manager's knowledge, information and belief, the Work has progressed to the point indica red and the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an e....aluation of the Work for conformance with the Comract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior [Q completion and to specific qualifications expressed by the Construction Manager. The issuance of a Certificate for P2vment shall further constitute a representation that the Contracror is entitled to payment in the amount certified. 2.3.11.4 The issuance of a Certificate for Payment shall not be a represemation that the Construction Manager has (I) made exhaustive or continuous on-site inspections to check the quality or quamity of the Work, (2) reviewed construction means, methods, techniques, sequences for the Contractor's own Work, or procedures, (3) reviewed copies of requisitions receh'ed from Subcontractors and material suppliers and other data requested by the Owner ro substantiate the Contractor's rightlO paymem or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Comract Sum. 2.3.12 The Construction Manager shall review the safety prognms developed by each of the Contractors for pur- poses of coordinating the safety programs with those of the other Comractors. 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 Con- tracrors. Subcontractors, agents or employees of the Con- tractors or Subcontractors, or any other persons performing ponions of the Work and nor directly employed by the Construction Manager. 2.3.13 The Construction Manager shall determine in gen. eral 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 deficien- cies in the Work. As appropriate, the Construction Manager shall have authority. upon written authorization from the Owner, to require additional inspection orresting of the Work in accordance with the provisions ohhe Contnct Documents, whether or nOt such Work is fabricated. installed or com- p]eted. The Construction Manager, in consultation with the :\rchitect, may reject Work which does not conform to the requirements of the Contract Documents. 2.3.14 The Construction Manager shall schedule and coor- dinate the sequence of construction in accordance with the Contnct Documems and the latest approved Project con- struction schedule. 2.3.15 With respect to each Contncror's own Work, the Con- struction Manager shall nOt have control over or charge of and shall not be responsible for construction"means, meth- ods, 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 Contrac- tor's responsibility under the Contract for Construction. The Construction Manager shall not be responsible for a Commc- lOr's failure to carry out the Work in accordance with the respective Comract 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 performing portions of the Work not directly employed by the Construction Manager. 2.3.16 The Construction Manager shall tnnsmit to the Archi- tect 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 Architect's modifi- cations to the Documents. 2.3.18 The Consrruction 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 with a copy to the Architect. 2.3.20 In collaboration with the Architect, the Construction Manager shall establish and implement procedures for expe- diting the processing and approval of Shop Drawings, Prod- uct Data, Samples and other submittals. The Construction Manager shall review all Shop Drawings, Product Data, Sam- ples and other submittals from the Contnctors. The Construc- tion Manager shall coordinate submittals with information contained in related documents and transmit to the Archi- tect those which have been approved by the Construction Manager. The Construction Manager's actions shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner or Contractors. 2.3.21 The Construction Manager shall record the progress of the Project. The Construetion Manager shall submit writ- ten progress reports to the Owner and Architect including in- formation on each ContractOr and each Contractor's Work, as well as the entire Project, showing percentages of com- pletion. The Construction Manager shall keep a daily log con. taining a record of weather, each Contractor's Work on the site, number of workers, identification of equipment, Work accomplished, problems encountered, and other similar rele- vant data as the Owner may require. 2.3.22 The Construction Manager shall maintain at the Proj- ect site for the Owner one record copy of all ComractS, Draw- ings, 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 Dnwings, Product Data, Samples and similar required submittals. The Construction Manager shall maintain records, in duplicate, of principal building layout lines, elevations of the bottom of footings, noor levels and key site elevations certified by a qualified surveyor or profes- sional engineer. The Construction Manager shall make all such records available to the Architect and upon completion of the Projecr shall deliver them to the Owner. AlA DOCUMENT B801fCMlI . O\VNER.CON~TRl'CfrON MANAGER AGREEMENT. 1992 EDITIO:\' . AIAI!l . @I992 . THE AMERICAN INSTITl"TE OF ARClIlTECTS. 175~ NEW YORK A\'ENI.'E, 1'1.\1:'" W....SHINGTON. DC. 2ooIJ6-'i2'n . WARNING: Unlicensed photocopying violates U.S. coP'JrightlllWS lInd will subject the violator to legal prosecution. 8801/CMa-1992 4 ; ~ Document BI41/CMa. Standard Form of Agreement Between Owner and Architect. ConstruCtion Manager-Ad\'iser Edition, current as of the date of this Agreement. The Term:; and Con- ditions of the Agreement Between the Owner and Architect shall be furnished to the Construction Manager and shall nO! be modified without written consent of the Construction Manager. which consent shall nor be unreasonably withheld. The Construction Manager shall not be responsible for anions taken by the Architect. 4.6 The Owner shall furnish structuml. mechanical. chemical. air and water pollution tests. tests for hazardous materials. and other labomlOry and environmental tests. inspections and reports required by law or the Contract Documents. 4.7 The Owner shall furnish all legal, accounting and insur- ance counseling services as may be necessary at any time for , the ProjecL including auditing services the Owner may reo ',uire to verify the Contractors' Applic:nions for Payment or -TO ascerrain how or for what purposes the Contractors have used the money paid by or on behalf of the Owner. 4.8 The Owner shall furnish the Construction i-lanager with a sufficient quantity of Construction Documents. 4.9 The sen'ices. information and repons required by Para- graphs '1.5 through 4.8 shall be furnished at the Owner's expense. and the Construction Manager shall be emitled to rely upon the accuracy and completeness thereoL 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 non- conformance with the Contract Documenrs. 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 Proj- ect which afe not pan of the Construction I\'lanager"s respon- sibilities under this Agreemem. The Construction Ylanager shall notify the Owner if any such independenr aCtion will interfere with the Construction Manager's ability to perform the Construction Manager's responsibilities under this Agree- memo \'('hen 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 comrol shall be furnished by the Owner with reasonable promptness to a\'oid delay in the orderly progress of the Construction )'1an- ager's sen'ices and the progress of the Work. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total COSt or esti- mated COSt to the O\....ner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified. selected or specially pro- Yided for by tIle Architect. plus a reasonable allo\....ance for the Contractors' o\'erhead and profit. In addition. a reason- able allowance for contingencies shalloe included for market conditions at the time of bidding and for changes in the \Xbrk during nmstruction. Except as provided in Subparagraph 5.1.3, Consrruction COSt shall also include the compensa- tion of the Construction Manager and Construction Man- ager's consultants. 5.1.3 Construction COSt does not include the compensa- tion 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 pro\'ided in Article 4. If any ponion of the Construction Manager's compensation is based upon a percentage of Construction Cost, then Construction COSt, for the purpose of determining such ponion, shall not include the compens:nion 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, prelimi- nary estimates of Construction Cost and derailed estimates of Construction Cost prepared by the Construction Manager represenr the Construction Manager's best judgment as a per- son 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 nO! warmnt 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 panics hereto. lf such a fixed limit has been established, the Con- struction Manager shall be permitted to include comin- gencies for design. bidding and price escalation, and shall con- sult with the Architect to determine what materials, equip- ment, component systems and types of construction are to be included in the Coorract Documents, to suggest reasonable adjustments in the scope of the Project, and to suggest inclu- sion 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 Con- tract Sums occurring after execution of the 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 Project budget or fixed limit of Construc- tion 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 sough!. 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- vided in Subparagraph 5.2.3) is exceeded by the sum of the lowest bona fide bids or negotiated proposals plus the Con- struction. Manager's estimate of other elemems of Construc- tion Cost for the Project. the Owner shall: .1 give \\Titten appro\'al of an increase in such fixed limit: .2 authorize rebidding or renegotiating of the Proj- ect within a reasonable time: .3 if the Project is abandoned. terminate in accordance 1;\'ith Paragraph 9.3: or AlA DOCUMENT B80l/eMa . O\X'NER.CO;-:;STlu'cno:-.. ~1.\:>:AGER AGREE~lENT . 1992 EDITIO:-; . AI.\' .~J()')2 . THE A\II:RIC\N INSTITlTf. OF\RClllTECI":;. I-.'>~ NEW YORK WE"I'E. N.\\. \'(~\SIlINGTON. D.C. 21l111l(,.~292 . WARNING: Unlicensed photocopying violates U.S. copyright laws and will subjec1the violator to legal prosecution. 8801/CMa-1992 6 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 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 Construc- tion Manager, rhe Construction Manager shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Ex- penses as defined in Paragraph 9.7. 9.7 Termination Expenses"are those costs directly attribut- able to termination for which the Construction Manager is not otherwise compensated. ARTICLE 10 MISCELLANEOUS PROVISIONS 10.1 Cnless otherwise prm'ided, this Agreement shall be governed 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 AlA Document A20l/CMa, General Conditions of the Contract for Construction, Construction Manager-Adviser Edition, current as of the date of this Agreement. 10.3 Cause;; of action bctwCCA tke 13llrtics LO thi, /.-g.fec men! penaining to acts or faill.ifcS CO act shall be deemed CO I'UI'{C 3ecft-lt;d and the 3ppJiGl.blc Jffi.t\11CS of lin,it.'1tions 5!..'11l rf'lmmence to r'ln not later than either the date sf SHbnantial COR-1plctiefl for act.s or failures to liCt occl:lrring prior w .0...SuBsEftAtial Completion, or the date of iS6\aance of th~ " 'l,111..1 FIVj<.:d CtILifi....t<.: fv. P"y""...ut fo, ",ct~ or fa:i1urc~ to Refer to Article 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 rhem. for damages, but only to the extent covered by property insurance during construction, except such rights as they may have ro the proceeds of such insurance as set forth in the edition of AlA Document A201lCMa, General Condi- rions of the Contract for Construction, Construction Manager- Adviser Edition. 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 adminis- tered 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 parry to this Agreement and to the parrners, successors, assigns and legal representatives of such other party with respecr to all covenants of this Agree- ment. 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 prior negotiations, representations or agree- ments, eirher written or oral. This Agreement may be amended only by written instrument signed by both Owner and Con- srruction Manager. 10.7 Nothing contained in this Agreement shall create a con- tractual relationship with or a cause of action in favor of a third parry against either the Owner or Construction Manager. 10.8 Unless otherwise provided in rhis Agreement, the Con. struction Manager and the Construction Manager's consultants shall have no responsibility for the discovery, presence, han- dling, removal or disposal of or exposure of persons to hazar- dous materials in any form at the Project site. including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. ARTICLE 11 INSURANCE ~ 11.1 CONSTRUCTION MANAGER'S LIABILITY ,~ INSURANCE 11.1.1 The Construction Manager 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 fonh below which may arise out of or result from the Construction Manager's operations under this Agreement and for which the Construction Manager 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, occu- pational sickness or disease, or death of the Con- struction Manager's employees; .3 claims for damages because of bodily injury. sickness or disease, or death of any person other than rhe Construction Manager's employees; .4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by a per- son as a result of an offense directly or indirectly related to employment of such person by the Con- struction Manager, or (2) by another person; .5 claims for damages, other rhan to the Work itself, because of injury to or destruction of tangible prop- erry, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising om of ownership, maintenance or use of a motor vehicle. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for nor less than limits of liability specified in Ani- c1e ]4 or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of operations under this Agreement until date of final payment and termination of any co\'erage reqUired~i .' to be maintained after final payment. ,; ill. 1.3 Refer to Article 14. /,J 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 their mandatOry and customary contributions and benefitS related thereto, such as employment taxes and other statutory employee bene- AlA DOCUMENT B801ICMa . OWNER-CON~'TR\JcrION MANAGER AGREEMENT. 19')2 EDITr01\' . Al.~~ . ~)j992 . THE AMERIC"N INSTlTL'TE OF ARCHITECfS. 17j5 NEW YORK A\'E~L"E. ~.W.. WASHINGTON. D.C. 2001l6.S292 . WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to leQal Drosecution. BRnllCM::iI-1C1C1? R ARTICLE 13 BASIS OF COMPENSATION The Owner shall compensate the Construction Manager as follo""s: 13.1 AN INITIAL PAY:'lENT of Dollars ($ shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 0.00 13.2 BASIC COMPENSATION 13.2.1 FOR BASIC SERVICES, as descrihed in Article 2. and any orher services induded in Article 14 as part of Bask Sen'ices. Bask Compensation shall be computed as follows: For Pre-Construction Phase Sen'ices: $25 000 (J11'Sf.!rr /J(/sis oj ~:(JlnJ1('l1Sali(}l1+ ilJdutlill}!. ~~tiltUl(lled sum.". ml(/lt{Jh~..:, or /W1"(.('JJ(ul!.C'....,) For Construction Phase Services: $133,500 Ifn,'.ert hash' t~1 comfwJ/.\(llluJI. II/dlrt/hlf.!.. ~til}fli{fh'd :';U1I1S, mUlllJill's or 1)llrn.WU1).:l.'S.j 13.3 COMPENSATION FOR ADDITIONAL SERVICES 13.3.1 FOR ADDITIO~AL SERYICES OF THE CONSTRl'CTION MANAGER, as described in Article 3, and any other services included in Article l.oi as Additional Services, compensation shall be computed as follows: f /rlSf..~rt IJ(lsi-s r~r cvnrj)eJ/."lI/ioll. iJlcludil1[!. T(lle... and/or I1nr/lIf)/e...:; (~,. Din~cr Per...ouwd f:'.\1)(w.w.~ jrJr Pf>il/cijJals (Inti r..'nll'/(~l'ef.Js. tnul ;d4.1i1~")' l'rhu.:l!lals and c/tlSS{(l' tWllJ/(~l+etis. ~.,- n'quirt}d Id(-'Il!~/)' :;fJ('c~lic sen'ict's to ll'l)fcb {wr/h:ular metl.wd, (~r t"0J11/Jr.W.\LtlfinJl (Jfil'~l: ~l ueo...........tll):) Direct Cost Plus 5% 13.4 REIMBURSABLE EXPENSES 13.4.1 FOR RE1MBl'RSABLE EXPENSES. as described in P;lragraph 12.2. and any other items included in Article lo.j as Reim- bursable Expenses. a multiple of One ( 1.0 ) times the expenses incurred by the Construction ,\l:mager and the Construction !ll:mager's employees and consultants in the interest of the Profect. 13.5 ADDITIONAL PROVISIONS 13.5.1 IF THE BASIC SERVICES covered by rllis Agreement han~ not been completed within Twenty-four ( 24 ) 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 Subparagraphs 12.:'d and ]3.3,]. 13.5.2 Payments are due and payable Fifteen ( 15 ) days from the date of the Construction Manager's im'oice, AmOuntS unpaid Thirty (30) days after the im'oice date shall bear interest at the rate entered helow. or in the absence thereof at the legal rate pre\'ailing from time to time at the principal place of business of the Construc, tion .\1 a nager. (In.",,"I ra1t' (~1 iU/(.n.....l (l~n.'ed u/Jon) Prime plus 2% tl '...ury law.... "lid rL''-!uil"{'menl,.; lou-h';" fbe Federal Trulb 11/ I.(welinp, Act, SImilar ";latl~ and h ,("al C(J1I....Un1('r cn:dir IdU',':; ,nul other re~ulati()ns a1 tbe {)Wli(~f.:'; and CUNs/ructiun .\lalll/}!.i!r:-; prilIcljJllf IJltlCL'S (~( IlUShlt'''';:;, tI){'/w:alfol/ {!f" lI.te Pr(Y{~CI fllld l4...('w/let'(' may {iJ./~'a tl~t! l"ll/iditl' f~l t/.lis /J'J"(wiSioll. Speqlic leMl/ladi'/n' ...."oult/ he uIJltiiIJ{~d ({'ifll n...~'1Ji!CI to deleriol1s or mt,dt/icalirJ'lS, and also reglll'di1J); requin.'111f'111... sl/cb as lI't>If/('1t discl(J:\uJ'e~' or rral1'erS,) 13.5.3 The rates and multiples set forth for Additional Sen'ices shall be annually adjusted in accordance with normal salary re\'iew practice~ of the Construction Manager. AlA DOCUMENT B8DlICMa . O\X.:--;ER,CO:o.;STRt.CTlO:\, MA~AGER AGREE~lE:o.;T . l'J92 EDITlO"1 . :\I.~" . e., )<)<)2 . THE AMERICAN I:\'STITl'TE Of ARCllITECTS, l-,~~ NE\X WlIlK A\'E"'t'[. :o.;.W \XAslI I NGTOI'\. DC. 201l()(',~2<)2 . WARNING: Unlicensed ohotocnnvinn uinF.:dAcll ~ ,..nnu,;nht I::I\.I.IIQ anrl \AliII C,11k.:iJ:lu"<t th... ..:;...r.,.............. I^"""....I ...._...........:...... Don... /,-.."-11.... ....nn... ...n ARTICLE 14 OTHER CONDITIONS OR SERVICES lilisert descnj)rioll.a: (if olhf/r sf/rl'iCl.-.s. idellllfJ' Atidirirnzal SeJ"I'ices included witbin Basic CtJ1lllu!'ns.ation and nu)(Iifu..oatlons 10 l/)(~ /Ja,lrnlellf and compeJJs{ltiotl 1t!T111S Included in rbis Aureeln[.J1t,) 14.1 Limits on Insurance The insurance required by Arricle 11 shall be written for not less than the following limits, or greater if required by law: fl"serl Ihe specific dol/aI' amount.' for the appro/Jriale illSlIral/Ce Iil1lils oj [jabi[j~J'.) 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 a decision by mediation. 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 statutes of limitations shall commence to run not earlier than the date of issuance of final Certificate of Payment. 11.1.3 Worker's Compensation: a) State: Idaho Statutory b) Applicable Federal Statutory c) Employer's Liability $100,000 per Accident $500,000 Disease, Policy Limit $100,000 Disease, Each Employee Comprehensive or Commercial General liability (including Premises-Operations; Independent Contractors' Protective; Products and Completed Operations; Broad Form Property Damage): a) Bodily Injury: $1,000,000 Each Occurrence $3,000,000 Aggregate b) Property Da mage: $1 ,000,000 Each Occurren ce $3,000,000 Aggregate c) Products and Completed Operations to be maintained for at least three years after final payment: $1,000,000 Aggregate d) Property Damage Liability Insurance shall provide X, C and U coverage. e) Broad From Property Damage Coverage shall include Completed Operations. Contractual Liability: a) Bodily Injury: $1,000,000 Each Occurrence b) Property Damage: $1,000,000 Each Occurrence $3,000,000 Aggregate Personal Injury, with Employment Exclusion deleted: $1,000,000 Aggregate Business Automobile Liability (including owned, non-owned and hired vehicles): a) Bodily Injury: $1,000,000 Each Occurrence b) Property Damage $1,000,000 Each Occurrence Professional Liability a) Aggregate limit: $1,000,000 14.1.1 See Exhibit "A" attached hereto and made a part thereof. This Agreement entered Into as of the day and year first written above. em AlA DOCUMENT B8011CMa . QWNER,CONSTRl'CTION MANAGER AGREEMENT. 1992 EDlTlON . AJA~ . @1992 . THE AMERICAN INSTITI'TE OF ARCHITECTS, 1735 NEW YORK AVENt:E. N.W.. WASHINGTON. D.C. 20006,5292 . WARNING: Unlicenlled photocopying violates US. copyright laws and wm subject !he violator to legal prosecution. B801/CMa-1992 11 Meridian City Police Station Construction Management Services Project Fee Proposal EXHIBIT "An Date: April 3, 2001 A. eM Fee (4.95% of $3,200,000) Preconstruction Construction $25,000 $133,500 B. Reimbursable General Conditions Costs Billed at Actual Cost Superintendent Job Trailer Set Up Office Furniture/Supplies Bid Advertising Construction Photographs Quality Control & Testing Surveying/Layout Crane/Forklift Small Tools Project Identification Temporary Roads & Staging Temporary Fencing & Trailers Temporary Electrical Service Temporary Power & Light Temporary Electrical Consumption Temporary Sanitary Facilities Construction water Service Drinking Water Job Trailer Pick Up Expense 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 & Fees Bond Liability Insurance Meridian City Council Meeting April 3, 2001 Page 5 the land Group, and there were a couple changes that he might want to address that weld like to include in this. Nichols: Mr. Mayor, members of the Council, Mr. Kuntz, the areas to be addressed were fairly minor. One had to do with a provision in the contract that essentially said that if there were any changes in the contract, the owner and the contractor had to consent. Since the contractor's not even been selected yet and not a part of the contract, we ask that be stricken, and they've agreed to do that. The contract also referred to arbitration under the Construction Arbitration Rules of the American Arbitration Association. And we've found those generally don't work well on a project of this type or in this area, and so we've asked that they strike those mandatory arbitration provisions from the agreement, and they've agreed to those as well. So with those provision taken out, we recommend approval. Corrie: Okay. Any further discussion, Council? De Weerd: Mr. Mayor, I move that we approve the contract with the land Group for the contractual amount - is this an amount not to exceed or a flat amount- for $82,200 for the Mayor to sign and the Clerk to attest. Bird: Second. Corrie: Motion made and seconded to approve the agreement of the land Group, architect services for the 58-acre park in the amount of $82,200 to include the changes that were recommended by the Council. Any other discussion? Okay. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES B. Attorneys - Bill Nichols 3. Construction manager contract for Kreizenbeck Constructors, Inc. for the new law enforcement building: Corrie: Item C is Bill Nichols for the construction manager. Nichols: Mayor and members of the Council, the Council's direction and the City has interviewed and selected a construction manager in connection with the new law enforcement building, there's a contract which I sent over with a memo. I haven't heard form Kreizenbeck Constructors with regard to my proposed language change, but I don't anticipate it be a problem since we got the architect to agree to the same change in their contract. I would recommend that the Council approve this agreement subject to the change that I recommended in my memo of March 30. Meridian City Council Meeting April 3, 2001 Page 6 Bird: Article 10 (inaudible) Nichols: Yes. Corrie: Okay, any questions of the attorney? Bird: I have none. Corrie: Hearing no further discussion, I'll entertain a motion on the construction manager contract. Bird: Mr. Mayor, I would move that we enter into a construction manager agreement with Kreizenbeck Contractors, Boise, Idaho, with the sums as stated in Item A on-site eM Costs and C the eM fee, and with the revision of Article 10.3 as written by City Attorney and for the Mayor to sign and the Clerk to attest. McCandless: Second. Corrie: Motion made and seconded to approve the construction manager contract for the new law enforcement building in reference to the motion stated by Mr. Bird. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES (Items moved from Consent Agenda) Tabled from February 20J 2001: Findings of Facts and Conclusions of Law: CUP 99-039 Request for Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi-family residential and office and retail use by Touchmark Living Centers - Joseph A. Billig- east of St. Luke's between Franklin Road and Interstate 84 (need to approve Development Agreement and annexation ordinance before approving CUP Findings of Facts and Conclusions of Law): Corrie: Item 5-A from the Consent Agenda that was tabled on the Findings of Facts and Conclusions of Law, Touchmark Living Centers, Joseph A Billig, east of St. Luke's between Franklin Road and 1~84. At this point we'll have Mr. Nichols. Item 5. A. Nichols: Thank you, Mayor, members of the Council. Steve Bradbury's here representing Touchmark. Just wanted you to know where it is. The detail on the phasing plan for Touchmark was just provided to the City last Thursday, and Gary Smith didn't get a copy of that until yesterday, and I don't know if he had a chance to look at that detail on the phasing plan for Touchmark or not.