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Independent Contractor Agreement with Kreizenbeck Const for PD
AIA 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 /MPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN AT7t~RNEY !S ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. This document is intended to be used in conjunction with the 1992 editions of AIA Documents B141/CMa, A101/CMa and A207/CMa. AGREEMENT made as of the Second (In words. indicate da): month and Pear.) day of April in the year of 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: flnclude detailed description of Pn~ject. location, address arut scope.) Meridian Police Center Meridian, Idaho The Architect is: (:Name and 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 b}~ The American Institute of Archicects, 1?35 New York Avenue. N.W., Washington, D.C. 2000(x5292. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator [o legal prosecution. AIA DOCUMENT 8801/CAAa • OWNER-CONSTRUCTION h1ANAGER AGREEMENT • 1992 EDITION •AIA®• ©1992 • THE AMERICAN INSI'ITL!TE OF ARCHITECTS. 1'35 NEVG' YORK AVENUE. NA('., VtASHINGTON, D.C. 2000(x5292 • WARNING: Unlicensed B$01~CMa-1992 1 ' -` photocopying vloleles U.S. copyright laws and will subject the ttbletor to legal prosetxttlott. TERMS AND CONDITIONS OE 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. i.1.2 The Construction Manager's services shall be provided in conjunction with the services of an Architect as described in the edition of AIA Document B141/CMa, Standard Form of Agreement Between Owner and Architect, Construction Manager-Adviser Edition, current as of the date of this Agreement. 1.1.3 The Construction Manager shall provide sufficient organization, personnel and management to carr}• out the requirements of this Agreement in an expeditious and eco- nomical manner consis[ent with the interests of the Owner. 1.1.4 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 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 identified in Article 14 as part of Basic Services. 2.2 PRE-CONSTRUCTION PHASE 2.2.1 The Construction Manager shall review the program fur- nished by the Owner to ascertain the requirements of the Proj- ect and shall arrive at a mutual understanding of such require- ments with the Owner. .~ .2 The Construction Manager shall provide a ` ~ uation of the Owne ' e ule and construc- requirements, each in terms of the other. .2.3 Based on early schematic designs and other design cri- teria prepared by the Architect, [he 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 cos[ evaluations of alternative materials and systems. 2.2.4 The Construction Manager shall expeditioush• revieR~ 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 recom- mendations on relative feasibility of construction methods, availability of materials and labor, time requirements for pro- curemen[, 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 approval for the portion of the pre- liminary project schedule relating to the performance of [he 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 with anticipated construction schedules, high- lighting cri[ical and long-lead-time items. 2.2.6 As the Architect progresses with the preparation of the Schema[ic, Design Developmen[ 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 tha[ 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 constructibiliry, 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 Projec[ into individual Contracts for various categories of Work, including the method to be used for selecting Contractors and awarding Contracts. If multiple Con- tracts are to be awarded, the Construction Manager shall review the Construction Documents and make recommen- dations as required to provide that (1) the Work of the Con- tractors is coordinated, (2) all requirements for the Project have been assigned to the appropriate Contract, (3) the likelihood of jurisdictional disputes has been minimized, and (4) proper coordination has been provided for phased construction. 2.2.11 The Construction Manager shall prepare a Projec[ con- struction schedule providing for the components of the Work, including phasing of construction, times of commencement AIA DOCUMENT 8801/CMa • OVi'NER-CONSTRCC;TION h1.ANAGER AGREEMENT • I~X)2 EDITION • A1.4'- .=;1~~J3 • THE A:\tERIC:AN INSTITUTE OF ARCHITECT'S, 1'35 NEVI' PORK .A\'ENL'E. N.\\., V:'ASHINGTON, D.C. LOUOG-529' • WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 8801/CMa-1992 2 and completion required of each Contractor, ordering and delivery of products requiring long lead time, and the occu- panc}~ requirements of the Owner. The Construction Man- ager shall provide the current Project construction schedule for each set of bidding documents. 2.2.12 The Construction Manager shall expedite and coor- dinate 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 ser- vices of surveyors, special consultants and testing laboratories required for the Project. 2.2.14 The Construction Manager shall provide an analysis of the types and quantities of labor required for the Project and review the availability of appropriate categories of labor required for critical phases. The Construction Manager shall make recommendations for actions designed to minimize adverse effects of labor shortages. 2.2.15 The Construction Manager shall assist the Owner in obtaining information regarding applicable requirements for equal employment opportunity programs for inclusion in the Contract Documents. 2.2.16 Following the Owner's approval of the Construction Documents, the Construction Manager shall update and sub- mit the latest estimate of Construction Cost and the Project construction schedule for the Architect's review and the Owner's approval. 2.17 2.2.18 The Construction Manager shall develop bidders' in- terest in the Project and establish bidding schedules. The Construction Manager, wi[h the assistance of the Architect, shall issue bidding documents to bidders and conduct pre- bid conferences with prospective bidders. The Construction Manager shall assist the Architect with regard to questions from bidders and with the issuance of addenda. 2.2.19 The Construction Manager shall receive bids, prepare bid analyses and make recommendations to the Owner for the Owner's award of Contracts or rejection of bids. 2.2.20 The Construction Manager shall assist the Owner in preparing Construction Contracts and advise the Owner on the acceptability of Subcontractors and material suppliers proposed by Contractors. 2.2.21 The Construction Manager shall assist the Owner in obtaining building permits and special permits for permanent improvements, except for permits required to be obtained directly by the various Contractors. The Construction Mana- ger shall verify that the Owner has paid applicable fees and ~sessments. The Construction Manager shall assist the Owner and Architect in connection with the Owner's responsibility for filing documents required for the approvals of govern- mental authorities having jurisdiction over the Project. 2.3 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 23.1 The Construction Phase will commence with the award of the initial Construction Contract or purchase order and, together with the Construction Manager's obligation to pro- vide Basic Services under this Agreement, will end 30 days after final payment to all Contractors is due. 2.3.2 The Construction Manager shall provide administra- tion of the Contracts for Construction in cooperation with the Architect as set forth below and in the edition of AIA Docu- ment A201/CMa, General Conditions of the Contract for Con- struction, Construction Manager-Adviser Edition, current as of the date of this Agreement. 2.3.3 The Construction Manager shall provide adminis[ra- tive, management and related services to coordinate scheduled activi'Eies and responsibilities of the Contractors with each other and with those of the Construction Manager, the Owner and the Architect to endeavor to manage the Project in accor- dance with the latest approved estimate of Construction Cost, the Project Schedule and the Contract Documents. 2.3.4 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress and scheduling. The Construction Manager shall prepare and promptly distribute minutes to the Owner, Architect and Contractors. 2.3.5 Utilizing the Construction Schedules provided by the Contractors, the Construction Manager shall update the Proj- ect 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 prod- ucts requiring long lead time and procurement. The Project construction schedule shall include the Owner's occupancy requirements showing portions of the Project having occu- pancy 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 corrective action to the Owner and Architect. 2.3.6 Consistent with the various bidding documents, and utilizing information from the Contractors, the Construc- tion Manager shall coordinate the sequence of construction and assignment of space in areas where the Contractors are performing Work. 2.3.7 The Construction Manager shall endeavor to obtain satisfactory performance from each of the Contractors. The Construction Manager shall recommend courses of action to the Owner when requirements of a Contract are not being fulfilled. 2.3.8 The Construction Manager shall monitor the approved estimate of Construction Cost. The Construction Manager shall show actual costs for activities in progress and esti- ~.. mates for uncompleted tasks by way of comparison with such approved estimate. 2.3.9 The Construction Manager shall develop cash flow reports and forecasts for the Project and advise the Owner and Architect as to variances between actual and budgeted or estimated costs. 2.3.10 The Construction Manager shall maintain account- ing 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 imple- ment procedures for the review and processing of applica- tions by Contractors for progress and final payments. AIA DOCUMENT 8801lCIIAB •OWNER-CONSTRUCTION MANAGER AGREEMENT • 199? EDITION •AIA®• ©t992 • THE AMERICAN INSTITUTE OF ARCHITECTS. I'i5 NEVI' YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292 • WARNING: Unlleensld 3 8801/CMa-1992 v~ us. copyrlgln laws (r+d well the vlolstor to ~ pmaswtlon. 23.11.1 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. 23.11.2 The Construction Manager shall prepare a Project Application for Payment based on the Contractors' Certificates for Payment. 23.11.3 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 pro- ~-ided iri Subparagraph 2.3.13 and on the data comprising the Contractors' Applications for Payment, that, to the best of the Construction Manager's knowledge, information and belief, the Work has progressed to the point indicated and the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an e~•aluation 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 prior to completion and to specific qualifications expressed by the Construction Manager. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is .entitled [o payment in the amount certified. 2.3.11.4 The issuance of a Certificate for Payment shall not be a representation that the Construction Manager has (1) made exhaustive or continuous on-site inspections to check the qualit}- or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences for the Contractor's own Work, or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by [he Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money- previousl}- paid on account of the Contract Sum. 23.12 The Construction Manager shall review the safety programs developed by each of the Con[ractors for pur- poses of coordinating the safety programs with those of the other Contractors. The Construction Manager's responsibilities for coordination of safet}~ programs shall not extend to direct control over or charge of the acts or omissions of the Con- tractors. Subcontractors, agents or employees of the Con- tractors or Subcontractors, or any other persons performing portions of the Work and not directl}• employed by the Construction Manager. 23.13 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 or testing of the Work in accordance with the provisions of the Contract Documents, ~s-hether or not such Work is fabricated, installed or com- pleted. The Construction Manager, in consultation with the Architect, may reject Work which does not conform to the requirements of the Contract Documents. 2.3.14 The Construction Manager shall schedule and coor- dinate the sequence of construction in accordance with the Contract Documents and the latest approved Project con- struction schedule. 2.3.15 with respect to each Contractor'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 precau[ions and programs in connection with 'the Work of each of the Contractors, since these are solel}• the Contrac- tor's responsibility under the Contract for Construction. The Construction Manager shall not be responsible fora Contrac- tor's failure to carry out the Work in accordance with the respective Contract Documents: The Construction Manager shall not have control over or charge of acts or omissions of the Contractors, Subcontractors, or their agents or employees, or any other persons performing portions of the Work not directly employed by the Construction Manager. 2.3.16 The Construction Manager shall transmit 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 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 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 Contractors. 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 Construction Manager shall submit writ- ten progress repor[s 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 dail}~ log con- taining arecord 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 Contracts, 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 Drawings, Produc[ Data, Samples and similar required submittals. The Construction Manager shall maintain records, in duplicate, of principal building layout lines, elevations of the bottom of footings, floor 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 Project shall deliver them to the Owner. AIA L)OCUMENT 8801/CAAa • OWNER-CONSTRICTION MANAGER AGREEMENT • 1992 EDIT6J\ AIA®• ©1992 • THF. ADfERICAN INSTITUTE OF ARCHITECTS. 1'3i NEW ~"ORI: AVENUE, N.W., Vi'ASHINGTON. D.C. 20006-;2t)Z • WARNING: Unlicensed photocopying violates IAS. copyright laws and wilt subject the violator to legal proseaAlon. 6801/CMa-1992 4 2.3.23 The Construction Manager shall arrange for the deliver}, storage. protection and security of Owner-purchased materials, systems and equipment that are a part of the Proj- ect until such items are incorporated into the Project. 2.3.24 With the Architect and the Owner's maintenance per- sonnel, the Construction Manager shall observe the Con[rac- tors' final testing and start-up of utilities, operational s}'stems and equipment. 2.3.25 When the Construction Manager considers each Con- tractor's Work or a designated portion thereof substantially complete, the Construction Manager shall, jointly with the Contractor, prepare for the Architect a list of incomplete or unsatisfactory items and a schedule for their completion. The Construction Manager shall assist .the Architect in conduct- ing inspections to determine whether the Work or designated portion thereof is substantially complete. 2.3.26 The Construction Manager shall coordinate the cor- rection and completion of the Work. Following issuance of a Certificate of Substantial Completion of the Work or a designated portion thereof, the Construction Manager shall evaluate the completion of the Work of the Contractors and make recommendations to the Architect when Work is ready for final inspection. The Construction Manager shall assist the Architect in conducting final inspections. 2.3.27 The Construction Manager shall secure and trans- mit to the Architect n•arranties and similar submittals required by the Contract Documents for deliver}• to the Owner and deliver all keys, manuals, record dra~~ings and maintenance stocks to the Oa-ner. 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 limitations of authority of the Construction Manager as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Construction Manager, Architect and Contractors. Consent shall not be unreason- ably withheld. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 14, and they shall be paid for by the Owner as provided in this Agree- ment, in addition to [he compensation for Basic Services. The Optional Additional Services described under Paragraph 3.3 shall only he provided if authorized or confirmed in writing by the Owner. If services described under Contingent Addi- tional Services in Paragraph 3.2 are required due to cir- cumstances beyond the Construction Manager's control, the Construction Manager shall notify the Owner prior to com- mencing such services- If the Owner deems that such services described under Paragraph i.2 are not required, the Owner shall give prompt written notice to the Construction Manager. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Con- struction Manager shall have no obligation [o provide those services. 3.2 CONTINGENT ADDITIONAL SERVICES 3.2.1 Providing services required because of significant changes in the Project including, but not limited u>, changes in size, quality, complexity or the Owner's schedule. 3.2.2 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. 3.2.3 Providing services made necessary by the termination or default of the Architect or a Contractor, by major defects or deficiencies in the Work of a Contractor, or b}' failure of performance of either the Owner or Contractor under a Con- tract for Construction. 3.2.4 Providing services in evaluating an extensive number of claims submitted by a Contractor or others in connection with the Work. 3.2.5 Providing services in connection with a public hear- ing, arbitration proceeding or legal proceeding except where the Construction Manager is party thereto. 3.3 OPTIONAL ADDITIONAL SERVICES and e i ment. 3.3.2 Provi services to investigate existing conditions or facilities or top ide measured drawings thereof. 3.3.3 Providing service verify the accuracy of drawings or other information furnis by the Owner. 3.3.4 Providing services required or in connection with the Owner's selection, procurement o 'nstallation of fur- niture, furnishings and related equipment. 3.3.6 Providing any other services not otherwise included in this Agreement. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information regarding requirements for the Project, including a program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flex- ibility, 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, v.-hich shall include the Construction Cost, the Owner's other costs and reasonable contingen- cies related to all of these costs. 4.3 If requested by the Construction Manager, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized tt) act on the O~•ner's behalf with respect to the Project. The Owner, or such authorized representative, shall render deci- sions in a timely manner pertaining to documents submi[- ted 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 retain an architect whose services, du- ties and responsibilities are described in the edition of AIA AIA DOWMENT f3601/CMa • ou~vl:K-c,onsTKt~c-rton ;,I:~nACeK .4cKra:ntr:?aT • Iv~)> lif)ITIO'~ •AIA•' • L'I~N)? • TIIE A111{KICAti WtiTITI'TE OP AKCHI7l;CTti. 1-j5 NtiVi YORK AyENI'E. K~:'.. Vi'ASHINC;TO~. I).C. ?nllnb-529_' • WARNING: Unlicensed 5 8801/CMa-1992 photocopying violates US. copyright laws and will subject the violator to legal prosecution. Document BI41/CMa, Standard Form of Agreement Between Owner and Architect, Construction Manager-Adviser Edition, current as of the date of this Agreement. The Terms and Con- ditions of the Agreement Between the Owner and Architect shall be furnished to the Construction Manager and shall not be modified without written consent of the Construction Manager, which consent shall not be unreasonabl}• withheld. The Construction Manager shall not be responsible for actions taken by the Architect. 4.6 The Oa•ner shall furnish structural, mechanical, chemical, air and Rater pollution tests, tests for hazardous materials, and other laboratory and environmental tests. inspections and reports required by law or the Contract Documents. 4.7 The Owner shall furnish all legal, accounting and insur- ance counseling services as ma}• be necessary at arn- time for • ,the Project. including auditing services the Oa•ner ma}- re- wire to verity the Contractors' Applications for Payment or •~ to ascertain hoa• 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 Manager with a sufficient quan[in• of Construction Documents. 4.9 The sen-ices; information and reports required by Para- graphs =t.~ through 4.8 shall be furnished at the Oa-ner's expense. and the Construction Manager shall be entitled [o rely upon the accurac}• and completeness thereof. 4.10 Prompt written notice shall be given by the Owner [o the Construction Manager and Architect if the Owner becomes a~yare of am- fault or defect in the Project or non- conformance with the Contract Documents. 4.11 The Owner resen~es 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 are not part of the Construction Managers respon- sibilities under this Agreement. The Construction Manager shall notif}• the Owner if any such independent action will interfere with the Construction Manager's ability to perform the Construction Manager's responsibilities under this Agree- ment. Vi'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 Oa•ner•s control shall be furnished b}- the Owner with reasonable promptness to ayc»d delay in the orderly progress of the Construction Man- ager's services and the progress of the Fork. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or esti- mated cost to the Oa•ner of all elements of the, Project designed or specified by the Architect. 5.1.2 Thr Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or special)}- pro- vided for by the Architect, plus a reasonable allowance for the Contractors' overhead and profit. In addition. a reason- able 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 Subparagraph 5.1.3, Construction 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-Ray, financing or other costs which are the responsibility of the Owner as provided in Article 4. If an}' portion of the Construction Manager's compensation is based upon a percentage of Construction Cost, then Construction Cost, for the purpose of determining such portion, shall not include the compensation of the Construction Manager or Construction Manager:s consultants. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, prelimi- nary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Construction Manager represent the Construction Manager's best judgment as a per- son or entity familiar with the construction industr}'. 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 a>arrant or represent that bids or negotiated prices will not var}• from the Project budget proposed, established or approved by the Owner, or from an}• 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 b}• the furnishing, proposal or establishment of a Project budget unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Con- struction Manager shall be permitted to include contin- gencies for design, bidding and price escalation. and shall con- sult with the Architect to determine what materials, equip- ment, component s}-stems and types of construction are to be included in the Contract Documents, to suggest reasonable adjustments in the scope of the Project, and to suggest 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 9U days after submittal of the Construction Documents [o the Owner, am' 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 sought. 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- vided in Subparagraph x.2.3) is exceeded b}• the sum of the lowest bona fide bids or negotiated proposals plus the Con- struction. Manager's estimate of other elements of Construc- tion Cost for the Project, the Owner shall: .1 give )yritten approval 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 with Paragraph 9.3; or AIA DOCUMENT BBatiCMa • ou~NER-consTxt c Tlox afAN.4GER scREEafENr • f~x~? L'DITION • .41A` • '~ I~X1S • THE .4\1F.RIC.4N MtiTITI'Tt: C)E Aki:HITE.tTti. I'ii NE.Vt' vORF .4~'fiNt E. Nil.. ~Y'.451IlNGTON. D.C. ?auks-;~~>~ WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 8801/CMa-1992 6 .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Construction Manager, without additional charge, shall cooperate with the Owner and Architect as necessar}• to bring the Construction Cost within the fixed limit, if established as a condition of this Agreement. ARTICLE 6 CONSTRUCTION SUPPORT ACTIVITIES 6.1 Construction support activities, if provided b}- the Con- struction Manager, shall be governed b}• separate contrac- tual agreements unless otherwise provided in Article 14. 6.2 Reimbursable expenses listed in Article 14 for construc- tion 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 DOCUMENTS 7.1 The Drawings, Specifications and other documents prepared b}' the Architect are instruments of the Architect's service through 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 retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Construction Manager's record sec, shall be returned or suitably accounted for [o the Architect, on request, upon com- pletion of the Project. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof fur- nished to the Construction Manager, are for use solely with respect to this Project. They are not to be used b}' the Con- struction Manager on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Oa'ner and Architect. The Construc- tion Manager is granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared b}' 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, if an}; shown on the Drawings, Specifica- tions and other documents prepared by the Architec[. Sub- mittal 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 Archi- tect's copyright or other reserved rights. ARTICLE 8 ARBITRATION arbitration in accordance with [he Construction Industry Ar 'tration Rules of the American Arbitration Association cur- rent ' in effect unless the parties mutually agree otherwise. 8.2 De and for arbitration shall be filed in writing with the other par ~ to this Agreement and with the American Arbi[ra- tion Assoc tion. A demand for arbitration shall be made within a re nable time after the claim, dispute or other matter in ques 'on has arisen. In no event shall the demand for arbitration b made after the date when institution of legal or equitable oceedings based on such claim, dispute or other matter in qu lion would be barred by the applicable statutes of limitations. 8.3 No arbitration arisen out of or relating to this Agree- ment shall include, by cons lidation, joinder or in any other manner, an additional perso or entity not a party to this Agreement, except b}• written nsent containing a specific '~9~ reference to this Agreement sign by the Owner, Construc- tion Manager, and any other pers or entity sought to be joined. Consent to arbitration invoh- g an additional person or entity shall not constitute consent o arbitration of any claim, dispute or other matter in questi not described in the written consent or with a person ore 'ty not named or described therein. The foregoing agreemen o arbitrate and other agreements to arbitrate with an additiona erson or en- tity duly consented to by the parties to this Agr ment shall be specifically enforceable in accordance with app 'cable law in any court having jurisdiction thereof. 8.4 The award rendered by the arbitrator or arb be final, and judgment may be entered upon it in 8.5 Refer to Article 14. ARTICLE 9 TERMINATION, SUSPENSION OR ABANDONMENT 9.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other part}' fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 9.2 If the Project is suspended by the Oa'ner for more than 30 consecutive days, the Construction Manager shall be com- pensated for services performed prior to notice of such suspension. When the Project is resumed, the Construction Manager's compensation shall be equitably adjusted to pro- vide for expenses incurred in the interruption and resump- tion of the Construction Manager's services. 9.3 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Construction Manager in the event that the Project is permanentl}' aban- doned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Construction Manager may ter- minate this Agreement by giving written notice. 9.4 Failure of the Owner to make payments to the Construc- tion Manager in accordance with this Agreement shall be con- sidered substantial nonperformance and cause for termination. 9.5 If the Owner fails to make payment when due the Construction Manager for services and expenses, the Con- struction Manager may, upon seven days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by [he AIA DOCUMENT 8801/CAAa • OVG'NER-CONSTRUCTION MANAGER AGREEMENT • ly~)2 EDITION • AIA®• ©1992 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1'i5 NEVI' YORK AVENUE, N.W., Vi'ASHINGTON, D.C. 20006-5292 • WARNING: Unlicensed 7 8801 /CM a-1992 pl,otocopying violaoas us. copyright laws and wIH subject the violator to legal p~oeecution. 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, the 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.'• 9J 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 Unless otherwise provided, 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 AIA Document A201/CMa, General Conditions of the Contract for Construction, Construction Manager-Adviser Edition, current as of the date of this Agreement. 10.3 n r 1 h he eho .-1.. o .+F C.,hc .,1 (~ ~mPnr to .-.- ...\ Refer .to Article 14. 10.4 WetveB of Subrogation. The Owner and Construction Manage[ 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 property insurance during construction, except such rights as they may have to the proceeds of such insurance as set fonh in the edition of AIA Document A201/CMa, General Condi- tions 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 party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect 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 Ovrner and Construction Manager and supersedes all prior negotiations, representations or agree- ments, either written or oral. This Agreement may be amended onh~ by written instrument signed by both Owner and Con- struction 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 this 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 forth below which ma}' 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 the 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 than to the Work itself, because of injury to or destruction of tangible prop- erty, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle. 11.1.2 The insurance required b}' Subparagraph 11.1.1 shall be written fot not less than limits of liability specified in Arti- cle 14 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 coverage required ~ ; to be maintained after final payment. 111.1.3 Refer to Article 14. `~ 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- AIA DOCUMENT 8801/CMe OV:'NER-CONSTRL!CTION MANAGER AGREEMENT • 1992 EDITION •AIA®• ©1992 • THE AMERICAN WSTITUTE OF ARCHITECTS, I'. i5 NE~X' l"ORR A\'E!:CE. N.VG'., WAtiHINGI'ON. D.C. 20006-5292 • WARNING: Unlicensed gg01/CMa-1992 8 photocopying violates U.S. copyright laws and will subject the violator to legal Prosecution. fits. insurance, sick leave, holidays, vacations, pensions and similar contributions and benefi[s. 12.2 REIMBURSABLE EXPENSES 12.2.1 Reimbursable Expenses are in addition to compensa- tion 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 transportation in connection vaith the Project; expenses in connection with authorized out-of-toovn travel; long-distance communications; and fees paid for se- curing approval of authorities having jurisdiction over the Project. 12.2.1.2 Expense of reproductions, postage, express deliv- eries, electronic facsimile transmissions and handling of Draw- ings, Specifications and other documents. 12.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 12.2.1.4 Expense of additional insurance coverage or limits requested b}• the Owner in excess of that nortnall}> carried by the Construction Manager. 12.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 12.3.1 An initial payment as set forth in Paragraph 13-1 is the minimum payment under this Agreement. 12.3.2 Subsequent payments for Basic Services shall be made monthl}• and, where applicable, shall be in proportion to ser- vices performed within each phase of service, on the basis set forth in Subparagraph 13.2.1. 12.3.3 if and to the extent that the time initially established in Subparagraph 13.5.1 of this Agreement is exceeded or extended through no fault of the Construction Manager, com- pensation for any services rendered during the additional period of time shall be computed in the manner sec forth in Subparagraph 13.3.1. 12.3.4 When compensation is based on a percentage of Con- struction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are per- formed on those portions, in accordance with Subparagraph 13.2.1, based on (1) 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. 12.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 12.4.1 Payments on account of the Construction Manager's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Construction Man- ager's statement of services rendered or expenses incurred. 12.5 PAYMENTS WITHHELD 12.5.1 No deductions shall be made from the Construction Manager's compensation on account of penalty, liquidated damages or other sums withheld from payments to Contrac- tors, or on account of the cost of changes in Work other than those for which the Construction Manager has been found to be liable. 12.6 CONSTRUCTION MANAGER'S ACCOUNTING RECORDS 12.6.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall he available to the Owner or the Owner's authorized represen= tative at mutualh' convenient times. AIA DOCUMENT Bf301/CMe • C)u'NER-CONtiTRIY;TION MANAGER AGREEMENT • 1991 E[)1TK)N • AlA" • ©199_' • THE .4\1ERIC.4N INtiTITt'TIi OF .4RCH1'1'E.CTti, I'i5 NE\X' 1'oRR AyENI'F.. N.u'.. V('.4tilIINGTON, n.c. 1~~11nb-;'91 WARNING: Unlicensed 9 6801 /CMa-1992 photocopying violates uS. copyright laws and will subject the violator to legal prosecution. ARTICLE 13 BASIS OF COMPENSATION The Owner shall compensate the Construction Manager as follows: 13.1 AN INITIAL PAl"~1ENT of Dollars ($ shall be made upon execution of this Agreement and credited to the Owner's account at final pa}•ment. O.OO 13.2 BASIC COMPENSATION 13.2.1 FOR BASIC SER\'1CES, as described in Article ?. and any other services included in Article 1=i as part of Basic Sen•ices, Basic Compensation shall be computed as follows: For Pre.-Construction Phase Sen•ices: $25,000 //u,,rrt basic of annpensatirnr. ine'hrdin,r; stipulated sums. nudtip/es or /rercernrl;es./ For Construction Phase Services: $133,500 r/rLSerl bresis uj crunpeusati,ut. irrclrrdinj; stiprdrrled srnns. nurltiplrs r,r percertta/;es./ 13.3 COMPENSATION FOR ADDITIONAL SERVICES 13.3.1 FOR ADDITIONAL SERVICES OF THE CONSTRUCTION MANAGER, as described in Article 3, and any other services included in Article lei as Additional Services, compensation shall be computed as follows: //assert hcrsis qJ cuntpenscrtiun. indudin~ rates and/or nnrlfiples rIJ Uirr•rt Prrsonne! F.i/)euse Jrn- Principals and entplul'ees. and identi/1' Princ'i/lal+ and dcrssi/j• employees. rJ required. /dentist' speci%ic ser•rices u, u•bicb pcrrticulrrr nrerbrx/s u/ c~un/x•rrsatiun apJrlt: !/ necessart:/ Direct Cost Plus 5% 13.4 REIMBURSABLE EXPENSES 13.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 12.2• and an\• other items included in Article 1-t as Reim- bursable Expenses, a muhiple of One ( 1,0 )times the expenses incurred b}• the Construction Manager and the Construction Aanager's emplo}•ees and consultants in the interest of the Project. 13.5 ADDITIONAL PROVISIONS 13.5.1 IF THE BASIC SERVICES covered b}' this Agreement have 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 12.3.3 and 13.3.1. 13.5.2 Payments are due and pa}•able Fifteen ( 15 ) da}~s from the date of the Construction Manager's invoice. Amounts unpaid Thlrty ( 30 ) da}•s after the invoice date shall bear interest at the rate entered belo~\-. or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construc- tii)n Manager. (/riser-, rrne nj i,ner-e.,t axr'r•rd rrprm~ Prime plus 2% (['srn't' laws curd rrquirenn•nts under- the Fedora/ Ti-rrrh in LeudArr; .-ICr. shuila,-.crule and luccrl cuusumer cr•rdit larr;a and usher re[;ulutiurls a! the Urrner~s and Crursn'ucliuu .11ant~er'.v priuc'ipal places uJ hrrsiness. the lucalinu ul Ibe Prujed and elseu•bere ntal' al/i•ct the r•aliditl' uj lhis prnrision..5))eciJic leJ;u! adr'ie'e should Ix• uhlainerl with respec! h) deletiun,c ur nrudijicalious. and also reXm'dinr; requirc•menls such as a riven disdosurea or rrairees.l 13.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salan• reyie\~• practices of the Construction A9anager. ~ ' AIA DOCUMENT 6807/CMe • O\\'VER-CO\STRI'(TION M11ANAGER AGRF.E\IE\T • 19~II EDITION •AIA" • 141193 • THE Ap1ERIGgN INtiTITI'Tli OF ARCHITE(T~. ]'i5 NE\1 l(rRh .gyENt'E. N.u.. \CA~IIINGTON. DC. 3nou(,-5293 • WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 8801/CMa-1992 10 ARTICLE 14 OTHER CONDITIONS OR SERVICES i/»serr descriptic»rs of other .eerrices. ideutiJi~ Additional Serrices included u~ithin Basic Cumpensatio» and mudilicatiu»s to the pat~meru a»d compe».catrr~» terms included in this A~reemenG) 14.1 Limits on Insurance The insurance required by Article 11 shall be written for not less than the following limits, or greater if required by law: /Insert the specific dollar amounts for the appropriate insurance limits of liaBilitp.) 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 Damage: $1,000,000 Each Occurrence $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. ~~ o f /~i' e~el« ~ ~'~ ~~.. d ~ n.°~ /Printed name and tit ) ~~`~t~~ctF"""""tt@'Q~i~TRUCTION MANAGER ~'. ~F ~~. ~ ~~ ~ ~ ~~ ~~ (Sik, re) ~~~~~~ ob~rt F. Uhlorn, Vice President 9G,`~ j fPF-i e, and title) ~r 1~ ~ CAUTION: You should sign ~n or~q~~`AIX~'yt~l~r~idF~ient which has this caution printed in red. t An original assures that changes will not be 6'tiscured as may occur when documents are reproduced. See Instruction Sheet for Limited License for Reproduction of this document. AU1 t~CUMENT 8801/CAAa •OWNER-CONSTRUCTION MANAGER AGREEMENT • 1~~2 EDiT10N • AIA~ • ©1992 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1?35 NEW ~'ORh AVENUE, N.W., WASHINGTON, D.C. 201ro6.5292 • WARNING: Unlicensed PPYing violates U.S. copyrlgtft laws and wiN subject the violates to legal proseecuNon. 8801/CMa-1992 11 EXHIBIT "A" Meridian City Police Station Construction Management Services Project Fee Proposal Date: April 3, 2001 A. CM 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