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Home My WebLink AboutAIA Construction Management Agreement with Ewing for Public Safety Training CenterACI2EEMENT made as of the 12th day of Se teD tuber in the year 2013 (Irr words, indicate dav. nrvnth and veer,) BETWEEN Q~e Owner: (Name, legal status, address and other it fonnatiort} The Ci of Meridian 33 E. Liroadway Meridian, ID 83642 and the Construction Manager; (Name, Legal statrrs, address and other irfvrnrativu) The Ewing_Companv. It1c. 1500 Eldorado, Suite ii4 Boise, Idaho 83704 for the followingProject: (Name, location and detailed description) Meridian Public Safety'Ii•aiuint: Center (STCI CSIIOA• PA 200 Broad Street Boise, ID 83702 The Owner and Construction Manager agree as fellows, This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to ba used in conjunction with AIA Documents A132TM-2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition; A232rM-2009, General CondEtions of fhe Contract for Construction, Construction Manager as Adviser Edition; and 6132TM'-2009, Standard Fvrm of Agreement Between Owner and Archifect, Construction Manager as Adviser Edition. AlA DocumentA232TM-2009 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA DocumentC132rb -2009 formerly f3po1 *HCMa-1882}. Copyriglrl ©1879,1880. 1892 and 2009 byThe American institute of Architects. Alt rights Init. reserved. WARNING: 7hts ACA Document is profectod by U.S, CopyNght Law artd International Treaties. Unauthodzod reproduction or dls(ributton of this AIA° Document, or any portion of it, may result in sovere civil and crtminaf penalties, and wilt be prosecuted to the rnaxlmum extent possible (;~+~~ under the law. This document was produced by AIA software at 17:33,56 on 09/92/2013 andor Ortler No.3374717622_1 wh[ch expires on 04!2012014, and is not for resale. User Notos: (808481348} Police Facility, The Architect: {Name, legal status, address and outer it formation) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES 3 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (Note the disposition for the following items by inserting the requested information or a statement such as "not applicable," "unknown at time of execution"or "to be determined later by mutual agreement.') § 1.1.1 The Owner's program for the Project: (Identify documentation or state the manner in which the program will be developed.) Architect is workin>? with the Owner to develop the Dro>;ram. § 1.1.2 The Project's physical characteristics: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports; site, boundary and topographic surveys; traj~c and utility studies; availability of public and private utilities and services; legal description of the site; etc.) 3 1 acre site directly west of the current Meridian Police facility. § 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: ~i , (Provide total and, ifknown, a line item breakdown.) /~~~~ ~ ~$4-~i~4illion Dollars § 1.1.4 The Owner's anticipated design and construction schedule: .1 Design phase milestone dates, if any: Complete ProQramming_and Master Planning before O1 October 2013 .2 Commencement of construction: AIA Document C132TM - 2009 formerly 8801 TMCMa -1992). Copyright ©1973, 1960, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 2 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible t ~~ under the law. This document was produced by AIA software at 11:33:56 on 09/12!2013 under Order No.3374717522_1 which expires on 04/29/2014, and is not for resale. 808481348) User Notes: ~ tbd .3 Substantial Completion date or milestone dates: tbd .A Other; n/a R 4 ~ ~ Tl,e rl.. .,~o..,t.. al. ,, F tl., _.2._a r_ aL.. n~ ~y .. ,.v aa... vv,~u°y; ia.~waua tug avii~'vriiis lir6utlr ViiiGirt iiiG,eilJtt 1Vr l~lG 1C1 V~el:l: (Ident~ method suelt as competitive bid, negotiated Contract or rnarltipleYrinie Contracts.) IVlultiple prime contracts. § 9.1.6 The Owner's requirements for accelerated ar fast-track sclleduiing, multiple bid packages, or plsased construction are set Earth below: List number crudtype of brd/proeurement packages.} Not included. § 1.1.7 Other Project information: (Identify special characteristics or needs of the Project not prol~ided slsewliere, such as environmentally responsible desigx orhistoricpreservation requirements.) Not included. § 1,1.6 The Owner identifies the following representative in aacaidaitce with Section 5.5: (List name, address and other it fornation.} Max Jensen, City of Meridian 33 E.13roadwa Ave. Ste. 204 Meridian, ID 83642 § 1,7.9 The persons or enfities, in addition to the Owner's representative, who are required to review the Construction Manager's submittals to the Owner are as follows: (List name, address and other i~foj-mation.) tbd § 4.1.1 b lJnless provided by the Construction Manager, the Owner wiiE retain the following consultants and contractors: (List name, legal states, adds ess a~td other it formation.) .1 Land Surveyor: Retained by CsxoA, PA. .2 Geotechnical Engineer: Retained by CSIIOA, PA ATA Documont c9327M - 2069 farmeriy B849 rMCMa- 9982). Copyright U 1973, 1980, 1992 and 2W9 byThe American institute of Archliocts. All rights Init. reserved, WARNING: This AtA Document is protected by US. Copyright Law and international7reaties. Unauthorized reproduction or distribution of this AtA® Document, or any portion of It, may result in severe atvil and criminal penalties, and will be prosecuted to the maximum extent possible t ~}-~ under the law. This document was produced by A!A software at 11;33:86 on 09/f2t2013 under Order No.3374717522_1 which oxpiros on 0 412 912 0 1 4, end Is not for resale. User Notes: (608481346) .3 Civill?ngineer: CSIIQA, PA 200 Broad Street Boise. ID 83702 .4 Other: Gist arty outer coFlsttltants retained by the Owl:cl; such as a Project or Fragrant Manager, or construction contractor:) Shooting_Ran e Tat' et Ventlot' /Consultant § 1.1.11 Tlts Construction Manager idenfifies the following representative in accordance ~vitlt Section 2.4: (List trance, address and other Infor•~natlatr.} Bill Garcia The Swine Company, Inc. 1500 Eldorado. Suite #4 Boise. III 83704 § 1.1.12 The Construction MaltabCr's staffing plan as required under Section 3.3.2 shall include: (List any specific regrrtl ~ments alydpelsonnel to he included in the staff~ng~larr, if knoitnl.) Minimum of one Superintendent. § 1.1.13 The Construction Manager's consultants retained under' Basic Services, if any; Cost Estimator: (List name, legal status, address and otherirfornratiorr.) The Bwina Company Inc. .2 Other consultants: Nolte anticipated. § 1.1.14 The Construction Manager's consultants retained under Additional Services: None alttieinated. § 1.1.15 Otlter Initial Information on which the Agreement is based: AIA Document C132i°--2009 formerly B$01 S4CMa^'1992). Copyright ©1973, 1900, 1902 and 2009 by The American Institute of Architects. All rights init. reserved, WARNING: This AIA Document 15 protected by U,S. Copyright Law and International Treaties. Uneuthorizod reproduction or dfstrlbutlon of lhls AIA® Document, or any portion of it, may result In severe clvll and criminal panalUes, and wlil be prosecuted to the maximum extent possible t ~ under tho law. This document was produced by AIA soltwere at 11:33:56 on 09112)2013 undor Ordor No.3374717522_1 which expires on 04!29/2014, and is not For resale. User Notes: (60$4$134$) § 9,2 The Owner and Construction Manager may rely on the Initial Jnformation. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the t.onstruc#ion Manager shall appropriately adjust the schedules, the Construction Manager's services and the Construc#ion Manager's compensation. ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES § 2,9 The Construction Manager shall provide the services as set forth in this Agreement. § 2.2 T71e Construction Manager shall perform its services consistent with the skits and care ordinarily provided by construction managers practicing in the same or similar locality under the same ar similar circumstances. The _ ~. a.JV.a~u ua.tivu aruuiasor nitat~ pcrtui ltt it8 ~cYVri:cs" n3 tiiipcutuuusly a1 i3 C:GrI$1S4Crl.l Wltrr SUCn sKrlJ ann Care anfl tl7e orderly progress of the Project. § 2,3 The Construction Manager shall provide its services in conjunction with the services of an Architect as described in AIA Document B132TM 2009, Standard Form of Agreement Between Owner and Architect, Cansirttction Manager as Adviser Edition. TJre Construction Manager shall not be responsible for actions taken by the Architect. § 2,4 The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Pr'aject. § 2.3 Except with the Owner's ktrowledge and consent, the Construction Manager shall not engage in any activity, or accept any employment, interest or conhibution that would reasonably appear to compromise the Construction Manager's judgment with respeck to this Project. § 2.6 The Canstruetion Manager shall maintain the following insurance for the duration of ibis Agreement. If'any of the requirements set forth below exceed the types and limits the Construction Manager normally maintains, the Owner shall reimbluse the Construction Manager for any additional oast. § 2.6.9 Comprehensive General Liability with policy Iimits ofnot less than One Million Dollars ($1,000,000.00 ) for each occurrence and in the aggrregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering owned and rented vehicles operated by the Construction Manager with policy Iimits of not less than One Million Dollars ($ 1.000.000.00 )combined single limit and aggregate for bodily injury and property damage. § 2.6.3 The Construction Manager may use umbrella or excess liability insurance to achieve the required coverage for Comprehensive General Liability and Automobile Liability, provided that such umbrella or excess insurance results in the same type of coverage as required for the individual policies. § 2.5.4 Workers' Compensation at statutory limits and Employers Liability with a policy limit of oat lass than One Million DnlIars ($ 2,000,000.00 ). § 2.6,5 Professional Liability covering the Constnictian Manager's negligent acts, errors and omissions in its performance of services with policy limits of not Iess than Two Million Dollars ($ 2.000,000.00 )per claim and in the aggregate. § 2.6.5 The Construction Manager shall provide to the Owner certificates of instu•ance evidencing compliance with the requirements in this Section 2.6. The certificates will show the Owner as an additional insured on the Comprehensive General Liability, Automobile Liability, umbrella or excess policies. ARTICLE 3 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES § 3.9 DefiniliQn 'The Construction Manager's Basic Services cnnsi5•t of those described in Sections 3.2 and 3.3 and include usual and customary construction coordination and scheduling, constructabilityteview, cost estimating, and allocation of construction activities among the 1Vfultiple Prirne Cantt'actors. AIADOCUmentC132T"-2009 formerly 6807?"CMa-1882).GapyrighlC~f973.1980, 1892 and 2009 by The AmericanlnstituteofArchitects.AllriOhls init. reserved. WARNING: This AIA Document fs protected ny U.S. Copyright Law and lnternatlonal Treaties. Unauthorized reproduction or distribution of this AlA~ Document, or any portion of it, may result in severe civil anti criminal penatttes, and wilt be prosecuted to the maximum extent possible ~.Y~ under the saw. Thls documont was produced by AIA software at 11:33:50 on 09M2I2013 under order tJO.33747t7622_1 which oxpires on 04Y191201A, and Is no! for rasaie. User Notes: (808481348) § 3.2 Preconstruction Phase § 3.2,9 The C:onstl•rlction Manager shall review the program furnished by the Owner and any evaluation. of the Owner's program provided by the Architect, to ascertain the requirements of the Project and shalt arrive at a mutual understanding of such requirements with the Owner and Arclliteet. § 3.2.2 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and consiractiotl budget requirements, each in terrns of the othel•. § 3.2.3 The Construction Mauager shall prepare, and deliver to the Qwner, a written Construction Management Plan that includes, at a minimum, the following: (I) preliminary evaluations required in Section 3.2.2, (2} a Project ac.trcuurc, ~~) cvsL couura~c5, l'r/ tccuuuucuuauun~ L(L" 1:11)fGLI aG11VCry IlletlkUtl, a11Q ~JJ I;QnLl'aetOPS' SCOpCS Of NlOTk, if multiple Contractors or fast track consttvctiolt w)II be used. The Construction Manager shall periodically update the Construction Management Plan over the course of the Project. § 3.2.4 Based on preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or shnilar conceptual estimating techniques for the Architect's review and Owner's apprnval. If the Architect suggests alternative materials and systems, the Construction Manager shall provide cost evaluations afthose alternative materials and systems and may also provide its own suggestions. § 8.2.5 The Construction Matlager shall expeditiously review design documents daring their development and advise the Owner and Architect on proposed site use and improvements, selection of materials, and building systems and equipment. Tile Construction Manager shatl also provide recommendations to the Owner arld Architect on eonsiructability, availability of materials and Iabor, segneneing for phased construction, tune requirements for procuremetlt, installation and construction, and factors related to construction cost includin6, butnot limi#ed to, costs of alternative designs or materials, preliminary budgets, Life-cycle data, and possible cost reductions. § 3.2.8 The Construction Manager shall prepare and periodically update the Project schedule included hl the Construction Management Plan for the Architect's review and the Owner's acccptatlce. The Construction Manager shalt obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services. The Project schedule shall coordinate and integrate the ConstructionManager's services, the Architect's services, other Owner consultants' services, and the Owner's a•esponsibilities and highlight items that could affect the Project's timely completion, § 3.2.7 As #lle Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, estimates of the Cost of rite Work of increasing detail and xefinement. The Construction Manager shall include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in the estitnafes of the Cost of the Work. Such esfirnates shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall advise the Owner and Architect if it appears that the Cost of the Work may exceed the Owner's budget and make recammendationsfcr corrective action. § 3.2.8 As tilt; Architect progresses with the preparation of the Schematic Design, Design Development and Cottshuction Documents, the Construction Manager shall consult with the Owner and Architect and make recommendations whenever the Construction Manager detelmilles that design details adversely affect construetability, cost or schedules. § 3.2.8 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding the assignment of responsibilities for temporary Project facilities and equipment, materials and services far common use of the Contractors. The Construction Manager shalt verify that such requirements and assigrunent of responsibilities are ilrcIuded in the proposed Contract Documents. § 3.2.10 7'he Construction Manager shall provide recomnlendatiousand infonnation to the Ovtnler regarding the allocation of responsibilities for safety programs among the Contractors. AIA DocumonE C132T" - 2009 formerly 8801 T"GMa -1992). + Inlf. reserved. WARNING: This AIA~ Dovumertt is protected by l!. fhis AIA~ Document, or any portion of it, may result In sever ! ~'+rE under the law. Th[s document was produced by AIA software at nol for resale. User Nvles: 09 by The Amerlran Instllu{e oFArchAects. All rights Treaties. Unauthorized reproduction ord{strlbution of 6 r[II bs prosecuted to the maximum extent possible Nv.3374717522 1 which expires on 04t29J2o14, and Is (D00491348) § 3.2.11 The Construction Manager shall provide recommendations to the Owner on fhe division of the Project into individual Contracts for the construction of various categories of Work, including the method to be used for selecting Contractors and awarding Contracts. If Multiple Contracts are to be awarded, the Consttuetian Manager steal] review the Drawings and Specifications and make recommendations asrequired to provide that (l}the Work of the Contractors is coordinated, (2) all requirements for the Project are assigned to the appropriate Conp'aet, (3}the likelihood of jurisdictional disputes is muivnized, and (4} proper coordination is provided. for phased construction. § 3.2.12 The Construction Manager shall update the Project schedule to Include the components of the Work, including phasing of construction, tunes of commencement and completion required of each Contractor, ordering and. delivery of products, including those that must be ordered well in advance of construction, attd the occupancy .., 1....~' to „ l1.~ t e41Hireiieu,p Vi Niy V~Y r,er. § 3,2,13 The Consh'uetion Manager shall expedite and eoordutate the ordering and delivery ofmaterials, including those that must be ordered well in advance of construction, § 3.2.74 The Construction Manager shall assist the Owner in selecting, retaining and coordinating the professional services of surveyors, special consultants and testing laboratories required for the Project. § 3.2.15 The Constn~eticn 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 retommendations for actions designed to mitihnize adverse effects of labor shortages. § 3,2,96 The Consh'uction Manager shall assist the Owner in obtaining information regarding applicable requirements for equal employment opportunity programs, and other programs as may be requited by governmental and for quasi govemmental authorities for inclusion in the Contract Documents. § 3.2.17 Following the Owner's approval of the Drawings and Specifications, the Constntctinn Manager shall update and submit the latest estimate of the Cost of the Work and the Project schedule for the Architect's review and the Owner's approval. § 3.2.98 sub,,,;~r ,.r.. ,..: i.•aa..., r . ~t.e n...t.:~.,~s-;"~ri~,--.~,-zip 9uma~s-appr~al; § 3.2,19 The Construction Manager shall develop bidders' interest in the Project and establish bidding schedules. The Construction Manager, with the assistance ofthe Architect, shall issue bidding documents to bidders and conduct pre-bid conferences with prospective bidders. The Construction Manager shall issue the cut7ent Project schedule with each set of bidding documents. The Construction Manager shalE assist the Architect with regard to questions from bidders and wi th the issuance of addenda. § 3.2.20 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. § 3.2.21 The Construction Manager shall assist the Owner in preparing Consttuction Contracts and advise the Owner on the acceptability of Subcouh'actors and material suppliers proposed by Multiple Prnne Contractor's. § 3.2.22 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 Multiple Prime Contractors. The Construction Manager shall verify #hat the Owner has paid applicable fees and assessments. The Construction Manager shall assist the Owner and Architect in comtction with the Owner's responsibility for filing documents required for the approvals of gover~tmental authorities having jurisdiction over the Project. § 3.3 Construction Phase Administration of the Construction Contract § 3.3.1 Subject to Section 4.3, fhe Construction Manager's responsibility to provide Construction Phase Set'viees commences with the award of the initial Contract for Construction and terminates on the date the?.rchitect issues the final Certificate for Paymeatt. AIA Document C932T" -2409 formerly B8U1'mCMa -9882). Copyright ©1973, 1900, 1892 and 20D9 by The American Institute of ArchRacls. All rights lnit. reserved. WARNING: This AIA~ Document Is protected by i),5. Copyripht Law and Intemationa[ Treaties. Vnauthorized reproduction or dlstributton of this AIA® Document, or any pprlton of ft, may result in severe civFi and cr[minal penalties, and will be prosecuted to Eha maximum extent posslbla ~ ATE under the law, ThLs document was produced by AIA software et 11,33:56 on 0 9/1 212 0 1 3 under Order No.3374717622, 1 which expires on 04/29/201 A, and is not for resale. User Notes: ((iD8489348) § 3.3.2 Tho Construction Manager shall provide a staffing plan to include ane or more representatives who shall be in attendance at the Project site whenever the Work is being performed. § 3.3.3 The Consh•uction Manager shall provide mt-site administration of the Contracts for Construction in evoperation with the Architect as set forth below and in AIA Document A232TM-2069, General Conditions of the Contract for Construction, Consh'uetion Manager as Adviser Edition. If the Owner and Contractor modify AIA Document A232-2003, those modifications shall not affect the Construction Manager's services under tlvs Agreement unless the Owner and the Construction Manager amend Phis Agreement. § 3,3.4 The Construction Manager shall provide administrative, management and related services to coordinate cri~lrrtr,lpfi anfil> Pipe ane ra e:i,:l;fie .,Flt,., A,f..l+;.,1., l7,•: o /'+,. ,,...,~1.. .:tt, o ,.1. ,.aY.., «.r ..:al. at... ,.rel... ...........~..... ..w.. a . w... wa .ayspou,,. Vau..,VU vi aaav arlu 4y,t,ay 144iiiV •+vA4N 4VLVtD YYALIl Vayll Villyr al1LL Wllll LIIIJJI. Vl Llll. Construction Manager, the Owner and the Architect. The Construction Manager shall cootdutate file activities of the Multiple Prime Contractors it accordance with the latest approved Project schedule and the Contract Documents. § 3.3.5 Utilizing the construction schedules provided by the Multiple Prime Contractors, the Construction Manager shall update the Projeot schedule, incorporatutg the activities of the Owner, Architect, and Multiple Prune Contractors on the Project, including activity sequences and durations, allocation of labor and materials, processing of Shop Drawings, Product Data and Samples, and delivery and procurement of products, including those that must be ordered well in advance of construction. The Project schedule shall include the Owner's occupancy requirements showing portions of the Project having occupancy priority. The Canstructiott Manager shall update and reissue the Project schedule as requi•ed to show curt•ent conditions. Tf au update indicates that the previously approved Project schedule may not be met, the Cvnstruction Manager shall recommend corrective action, if any, to the Owner and Architect, § 3.3.$ The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, and scheduling of Elie Work. The Constritcdon Manager shall prepare and promptly distribute minutes to the Owner, Architect and Multiple 1'ritne Contractors. § 3.3.7 Utilizing information from th a Multiple Prime ConIl•aetors, the Constt«efion Manager shall schedule and coordinate the sequence of constriction and assigiunent of space in areas where the Multiple Prime Contractors are performing Work, in accordance with the Contract Documents andthe latest approved Project schedule. § 3.3.8 The Construction Manager shall schedule all tests and inspections requied by the Contract Docuuments or governmental authorities, and arrange for the delivery of test and inspection reports to the O~-mer and Architect. § 3.3.8 The Construction Manager shall endeavor to obtain s<~tisfactory performance from each of the Multiple Prime Contractors. The Construction Manager shall recommend cotuses of action to the Owner when requirements of a Contract are not being fulfilled. § 3.3.10 '£he Consh•uetion Manager shall monitor and evaluate actual costs for activities in progress and estimates for uncompleted tasks and advise the Owner and Architect as to variances between aotual attd budgeted ar t;stimated eosts.lf the Contractor isrequired to submit a Control Estimate, the Construction Manager shall tneetwith the Owner and Contractor to review the Control Estimate. The Construction Manager shall promptly notify the Contxaetor if there are any inconsistencies or inaccuracies in the information presented. The Constriction Manager shall also report the Conhactor's cost control information to the Owner. § 3.3.11 The Conch uction Manager shall develop cash flaw reports and forecasts for the Project. § 3.3.92 The Construction Manager shall maintain accountitgrecords on authorized Work performed under unit ensts, additiana] Work performed on the basis of achlal costs of labor and materials, and other Work requiring accounting records. § 3.3.12.1 The Canshavtion Manager shall develop and implement procedures for the review and processing of Applications far Payment by MgItiple Prime Contractors far progress and final payments. § 3.3.92.2 Not more frequently Haan monthly, the Construction Manager shall review and certify the amounts due the respective Contractors as follows; AIA Docurneut C132 ix -2009 formerly B6097wCMa~ 9592}. Copyright ©1973, 19ti0, 1992 and 2009 byThc~ American Institute of Architects. AIt rights Init, reserved. WARNING; This AIA Document is protected by U.S. Copyright Law and international Treaties. Unauthorized roproductlon or distribution of this AIA® Document, orany portion of it, may result In severe civil and criminal penalties, and win be prasacutod to the maximum extent possible ~ ~'TE under the law, This documentwas produced by AIA software at 99:33:66 on 09lt2/2093 uaxJar Order Na.33747t757.2_1 which expires on Od/20/2094, and Is notion resale. User Notes: (808481348) .9 Where there is only one Conhractor responsible for performing the Work, the Construction Manager shall, within seven days after the Construction Manager receives the Contractor's Application for Payment, review the Application, certify the amount the Construction Manager determines is due the Contractor, and forward the Contractor's Application and Certificate for -Payment to the Architect. .2 Where there are Multiple Prime Contractors responsible far perforrnittg different portions of the Project, the Constntcfion Manager shall, withnt seven days after the; Construction Manager receives each Contractor's Application for Payment; {1) review the Applications and certify the amount the Coitsbruction Manager determines is due each Contractor, (2) prepare a Sutnrnary of Crnrtractors' Applications fnr Payment t1y summarizing information fi•om each Contractor's Application for Payment, (3) prepare a Project Application and Cerkiftcate for Payment, (4) certify fire total amount +l.a fYn++nhe .,F: « TA.. .. .1 ..a,. .. a. .,tt Td..lt:..l_ T.. !'~.. _lt_ _Y__ .. .1 /r\ µ,~ ~~v..oµ NV~.v+w xrawnagw uvtuiaiiiue3 io uuL nil lYlulL[YtG liiiiiG l.Vr4U iil%tVAJ 1;V11GritLVGly, aILLL ~J~ forward the Summary of Contractors' Applications for Payment and Project Application and Certificate fnr Payment to the Architect. § 3.3,12,3 The Construction Manager's certification for payment shall constitute a representation to the Owner, based on the Construction Manager's evaluations of fhe Work and on the data comprisiutg the Contractors' Applications for Payment, that, to the best of the Construction Manager's knowledge, informatimt and belief, the Work has progressed to th e paint indicated and the quality of the Work is in accordance with the Con#ract Documents. The foregoing representations are subject to art evaluation of the Work for conformance with the Contract 1?octunenis upon Substantial Completion, to results of subsequent tests attd inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Conshuction. Manager. The issuance of a Certificate for Payment shall further constitute a recommendation to the Architect and ()caner that the; Contractor be paid the amount certified. § 3.3.92,4 The certification of an Application for Payment or a Project Application for Payment by the Construction Manager shall not be a representation that the Construction Manager has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences €or the Contractor's own Work, or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other da#a requested by the Owner to substantiate the Contractor's right to payment; or (4) ascertained how or for ~ltat pm'pose the Contra ctor has used money previously paid on account of the Contr•aet Sum. § 3,3.13 She Constractien Manager shall review the safety programs developed by each of the Multiple Prime • Contractors sololy and exclusively for purposes of coordinating the safety programs with those of the other Contractors and for makurg recommendations to the Owner for any safety programs trot included in the Work of the Multiple Prime Contractors. The Construction Mauager''s responsibilities for coordination of safety programs shall not extend to direct control over or charge of the acts or omissions ofthe Contractor, Multiple Prime Contractors, Subcontractors, agents or employees of the Contractors or Multiple Prima Contractors or Subcontractors, or any other persons performing portions of the Work and not directly emp]oyed by the Conshuction Manager. § 3.3.14 The Construction Manager shall determine in general tFtat the Work of each Contractor is being performed in accordance with the requirements of the Conhact Documents and notify the Owner, Contractor and Architect of defects and deficiencies in the Work. The Construction Manager stroll have rite authority to reject Work that does not eonfonn to the Conp•act Documents and shall notify the Architect about the rejection. The failure of the Construction Manager to reject Work shall not constitute the acceptance of the Work. The Construction Manager shall record any rejection of Work in its daily log and include itrformaEion regarding the rejected Work in its progress reports to the Architect and Owner pursuant to Section 3.3.20.1. Upon written authorization from rho Owner, the Construction Manager may require and make arrtuzgements for additional inspection or testing of the Work in accordance with the provisions of the Contract lloeuments, whether or not such Work is fabricated, installed or completed, and the Construction Manager shall give timelynotice to the Architect of when and where the tests and inspections are to be made so that the Architect znay be present for such procedures. § 3.3.75 The Construction Manager shall advise acrd consultwith the Owner and Architect during the performance of its Construction Phase Services. The Consh'uction Manager shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Construction Manager shall not have control over, charge of, or responsibility for the eonstt•uction means, methods, techniques, sequences or procedures, or for safety precautions and program s in corutection with the Work of each of the Contractors, since these are solely the Contractor's rights AIA Racument C132T"~-2009 formerly B8o1TMCh1a-1992}. Copyright 0)1973, 1980, 1992 and 2049 by The American InslUula of Arahitoats. All rights init. reserved. WARNING: This AIA~ Document is protected by U.S. Copyright Law and tntematlonal Trestles. Unauthorized reproduction or distrlbullan of this AIAo Document, or any portion of It, may result In severe atoll and criminal panalfias, and wltl be prosecuted to the maximum extent posslbte ~ ~'~E, under the law, This document was produced by AIA software al 11-33:56 on 0 911 212 4 1 3 under grder No.337d717622. 1 which expires on 04/292014, and is noifor resale, Usor Notos: (8484813A8) and responsibilities under the Contract Documents. The Construction Manager shall not be responsible for a Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Construction Manager shall be resl}ansible for the Construction Manager's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible far, acts or omissions of the Conh'actor or Multiple Prime Contractors, Subcontractors, or Choir ageu#s or employees, or any other persons or any other persons or entities performing portions of the Work. § 3.3.16 The Consh•uction Manager shad transmit to the Architect requests for interpretations and requests for information of the meanilrg and latent of the Drawings and Specifications with its written recommendation, and assist in the resolution of questions that fray arise. § 3.3.'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 that incorporafe the .Architect's modi$cations to the Contract Documents. § 3.3.18 The Construction Manager shall assist the Initial Recision Maker ut the review, evaluation and documentation of CIaims, subject to Section 4.3.1.'1. § 3.3.89 Utilizing the submittal schedules provided by each Contractor, the Construction Manager shall prepare, and revise as necessary, a Project submittal sehedulo iflcorporating information from the Owner, Owner's consultants, Owner's separate contractors and vendors, governmental agencies, and all other pardcipaffts'rn the Project under the management of the Cansti•uetiou Manager. The Project submittal schedule and ally revisions shall be submitted to the Architect for approval. The Construction Manager shall promptly review all Shap Drawings, Product Data, Samples and other submittals from the Multiple Ptime Contractors for compliance Zvitlf the submittal requirements of the Contract, coordinate submittals with information contained in related documents, and transmit to the Architect those that the Construction Manager recommends for approval. The Consh-uctiou Manager's actions shall be taken in accordance with ilfe Project submittal schedule approved by the Architect, or iu tIre absence of au approved Project submittal schedule, with such reasonable promptness as to cause no delay in the Work or in the activities of the Contractor, other Mul#iple Prime Contractors, the Owner, or the Architect. § 3.3.20 The Construction Manager shall keep a daily log containing a record of weather, each Contractor's Work on the site, number of workers, identification of equipment, Work accomplished, problems encountered, and other similar relevant data as the OLVner may require. § 3.3.20.1 The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Uwner, the Consh'ucfion Manager shall submit written progress reports to the Owner and A1'clutect, showing percentages of eon~pletion and ether information identified below: .1 Worlc completed for the pefiad; .2 Project schedule status; .3 Submittal schedule and status report, including a stnnmary of remaining and outstanding submittals; .4 Request for information, Change Order, and Construction Change Directive status reports; .5 Tests and inspection reports; .0 Status report of uonconfoiming and rejected Work; .7 Daily logs; .$ Summary of all Multiple Prime Contractors' Applications for Payment; .9 Cwnldative total of the Cost of the Work to date including the Construction Mauagei•'s compensation and reimbursable expenses at the job site, if any; .10 Cash-flow and forecast reports; and .11 Any other items the Owner may require: § 3.3,2t}.2 In addition, for Projects constructed on the basis of the Cost of the Work, the Construction Manager shall include the following additional information irr its progfess reports: _ ,1 Contractor's work force report; .2 Equipmentntilizatianreport; .3 Cost summary, comparing actual costs to updated cost estimates; and AIA Document C7 32TM -- 2009 formerly 6847 ""CMa -1992}. Copyright ~ 1973, 1980, 7992 and 2008 by 7ne American (nstiWte of Architects. Ati rights lntt. reserved. WARNING: This AIA Document rs protected by U.5, Copyright Law and International Treafies. Unauthorized reproduofion or distribution of 10 this AIA°D Documen6 or any portion of if, may rosult to severe ctvri and criminal penalties, and will be prosecuted to the maximum e:xtont posslbte l x'~r,E under the law. This doeumt:ntwas producod by AIA software at 11:33:56 on 08!1212013 under Qrder No.3374717522 1 which oxpires on 04!2912019, and is not For resale. User Notes: (808491348) .4 Any other items as the Owner may require: § 3.3.27 Utilizing the documents provided by the Contractor, the Construction Manager shall maintainf at the site one copy of all Contracts, Drawings, Specifications, addeafda, Change Orders and other Modifications, in good order and marked currently to record all changes and selections made during construction, and in addition, approved Shop Drawings, Product Data, Samples and similar required submittals, The Construction Manager shall maintain records, in duplicate, ofptincipal building layout lines, elevations of the bottom of footings, floor levels and key site elevations certified by a qualified surveyor or professional engineer. The Construction Manager shall make all such ..e..,...A.. ......:I,.t.la M ih.. A..,d.:a,.„a ..., .7 aL~ f~.... ate.. _a__ _~J _______ _____ __1 _.!_.. _rn. _ r. ~ . ., ... r .• .. ,. ia:...w ao uvua.uw~. w LuV 1-ai vuLwVL a+LU uLC VVtIEI [llaVt, i1llU U~JVLI I:VllItJlelrVlr VI 111G i"rl)~eGL, Sn'QIl UC11Ver TRem TO Cne Owner. § 3.3.22 The Construction Manager shall arrange for the delivery, storage, protection and security of Owfzer- purcltased makerials, systems and equipment that are a parf of the Project until such hems at'e incorporated into the Work• § 3.3.23 With the .Architect and the Owner's maintenance personnel, the Construction Manager shall observe the Contractvr's or Multiple Prime Contractors' final testing and staff-up of utilities, operational systems and equiptent and. observe any cofnvaissioning asthe Contract Documents may require, § 3.3,24 When the Construction Manager considers each Contractor's Work or a designated pcrtinn thereof is stbstantially 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 iu conducting inspections to determine whether the Work or designated portion thereof is substantially complete. § 3.3.25 When the Work or designated portion thereof is substantially complete, the Construction Manager shall prepare, and the Construction Manager and Architect shall execute, a Certificate of Substantial Completion, The Construction Manager shall submit the executed Certificate to the Owner and Contractor, 'The Construction Manager shall coordinate the correction and completion of the Work. Following issuance of a Certificate of Substantial Completion of the Work or a designated portion thereof, the Construction Manager shall evaluate the completion of the Work of the Contractor ar Multiple Prime Contractors and make recommendations to the Architect when Wofk is ready for final inspection. The Construction Manager shall assist the Architect in conducing f"mat inspections. § 3.3.26 The Construction Manager shall forward to the Owner, with a copy to the Architect, the following information received fiom the Contractor or MuIkiple Prune Contractors: (1) certificates of insuzatfee received from the Contractor or Multiple Prime Conhactors; (2) consent of surety or sureties, if any, to reduction in or partial release ofretainage or the makitag of final paymenh, (3} affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (4}any other documentation required of the Contf~etor under the Contract Documents, includufg waf7anties and similar snbfnitials. § 3.3.27 The Construction Manager shall deliver all keys, manuals, record drawings and maintenance stacks la the Owner. The Construction Manager shall forward to the Architect a final Project Application for Payment and Project Certificate for Payment or final Application for Payment and final Certificate far Payment tfpon the Contractor's compliance with fife requirements of the Contract Documents. § 3.3.28 Duties, responsibilities and limitations of authority of fife Construction Manager as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of fife Qwner, Co~fsh'uction Manager, Architect, Contractor and Multiple Prime Contractors. Consent shall not be unreasonably witlfheld. § 3.3.29 Upon request of die Owner, and prior to the expiration of one year from the date of Substantial Completion, fife Construction Manager shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. AIA Document C9 32?" - 2t)(f0 formerly BHD1T"CMo -9932), Copyright ©1973, 1980, 1992 and 2003 byThe American Institute of Architects. All fights In(t. reserved. WARNING: This AIA~ Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 7 7 this AtA® Dacumenf, or any portion of I2, may result in severe clvii and crlminai penalties, and will be prosecuted to the maximum extent passibfa ,TTY under the taw. This document was produced by AIA software at 19:33:56 on 09!1212©13 under OrderNo.337A717522 1 whrch expGes on 04128!2014, and is not for resalo. - 11ser Notos: (808481348) ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are urn included in Basic Setwices but may be required for the Project. The Construction Manager shall provide the listed Additional Services only if specifically designated in the table below as the Consruction Manager's responsibility, and the Owner shall compensate the Construetiorz Manager as provided in Section 1i.2. (Designate the.4dditiorraT Ser-t~ces the Corrstrzrction ManagerslraTT provide in the second coTitnrn of the table below Irr the third coJumrr indicate ~+Trether theservice description is Tocated in Section 4.2 or in an attached exhrbit. If in an exhibit, identify the exhibit,) Services ~ ~ Responsibility (Consirrrciiorr Manager, Owueror Not Provided Location of Service Rescription {aSeciian 4.i beToiv or in err exhzbit attached to this doctrnrent and ident fed be7oih) 4.1.1 Measured. drawin s Not provided __ _ § 4.1.2 Architectural interior design 252"rnT-2007 Not rou vided 4.1.3 Tenantrelated services Not rovided 4,1.4 Commissianin 211.TH 2007 Not rovided § 4.1.5 I:,BED~ certification (8214TH-2007 Not rovided ~ § 4.9.6 Furniture, furnishings, and equipment design (B253Tt"~-2007) Not rovided p _ § 4.2 Insert a description of each Additional Service designated in Section 4.1, if not further described hi an exhibit attached to this document, ii/a § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating this Agreement. lixcept fcr services required due to the fault of the Consh•uctiou Manager, any Additional Services provided in accordance with this Section 4.3 shall entitle the Construction Manager to compensa#ion pursuant to Section 11,3. § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Construction Manager shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Construction Manager shall not proceed to provide the following services until the Consh'uction Manager receives the Owner's written authorization: .9 Services necessitated by a change iii the iriitiai Tiiforlnatiori,previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method, or bid packages in addition to those listed in Section 1.1.6; .2 Services necessitated by the enactinent or revision of codes, laws or regulations or official interpretations aftc-~• the date of this Agreement; .3 Preparation of documenttttion for alternate bid or proposal requests proposed by the Owner; .4 Preparation for, and attendance at, a public presentation, meeting or hearing; .5 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Construction Manager is party thereto; .6 Providing consultation concerning replacement of Work resetting from fire or other cause diving construction and furnishing services required in connection with thereplaeement of such Work; .7 Assistance to the Initial l)ecisioti Maker, if other than the Architect; or ,8 Service as die Initial Decision Maker. § 4.3.2 To avoid delay in the Construction Phase, the Construction Manager shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. Tf the Owner subsequently determines that all or parts of those services are not required, the Owner shall give pt•einpf written notice to the Conshuction Manager, and the Owner shall have no further obligation to compensate khe Construction Manager for those services: AtA Document C~1327M - 2069 formorly 8001 T"CMa -19921. Cupyrlyht C> 1 y73, 1980, 'E992 and 200£1 by The American Institute of Architects, Ail tights Init. reservad. WARNING: This A!A Document is protected by U.S. Copyright t.aw and international Treaties. Unauthorized reproduction or distribution of .) 2 this AIA® Document, or any portion of it, may result in savors Civil and criminal ponallies, and will be prosecuted to the rnaximurn extent possible t~ 7-~ under the law. This dncument was produced by AfA software a111:33:56 on t)g112r2013 under Order No.3374717522_1 whfioh expires on 04t29120i4, and is not for resale. User Motes: {UOa481348) .9 Services in evaluating an extensive number of Claims submitted by a Contractor nr others in comtection with the Work when fire Architect is serving as the Initial Decision Maker. .2 To the extent the Conshuction Manager's Basic Services are affected, providing Constt7lction Phase Services 60 days after {1) the date of Substantial Completion of the Work ar (2) the anticipated date of Substantial Completion, identified in Initial Lformation, whichever is earlier. .3 Services required in au emergency to coordinate the activities of a Contractor or Multiple Prime Contractors In the event of risk of personal injury ar serious property damage, consistont with Section x.3.13. § 4.3.3 If the services covered by this Ageeement have not been completed within Twenty Four (24 ) months of ttSF! r9ata of #9~ic /1 nsaam nnf 4t„•n„ 1, .., f .,iF ..{ ST,., !'y,.....,,,.,,,,a:..« T.f..-.,...,,.. ,.1 4. ,. n......a. x !__' ..f_ .4~,.»••+.+_ .......nb. vv,,.va.., .... vM~,a++tV +HH+L V+ +.aaa Vv.,ut+tlV t+VAI AYA(tAl[i~til, 4xt1.11JlVr! all UiG 4UAAJll l1(it.LoI11V1Q1121ge1 :> services beyond That time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide nlformation iu a timely manner regarding requirements for altd limitations on the Project, including the Owner's progratn, other objectives, schedule, constraints and criteria, special equipment, systems, and site requirements. Within IS days after receipt of a written request from the Construction Manager, the Owner shall furnish the requested information as necessary and relevant for the Construction Manager to evaluate, give notice of, or enforce any lien rights, if any. § 5,2 The Owner slla[l establish and periodically update the Owner's budget far the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1, (2) the Owner's other costs, and {3j reasonable contingencies related to all of these costs. 7f the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with fife C".anstruction Manager, shall thereafter agree to a corresponding change in the budget for the Cost of dio Work or in the Project's scope attd quality. § 5.3 The Owner aeknawledges that accelerated, phased ar fast-track scheduling provides a benefit, but also carries with it the risk of additional costs. If the Owner selects accelerated, phased or fast-track scheduling, the Owner agrees to include in the budget for the R•ojeet sufficient eonlingertcies to cover such costs. § 5.4 The Owner shall retain an Architect to provide services, duties anal responsibilities as described in AIA Document 8132 2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition. The Owner shall provide the Construction Manager a copy of the executed agreement between the Owner and Architect, and any furt(ter modifications to the agreement. § 5.5 The Owner shall identify a reproselttative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions pertaining to documents the Construction Manager submits in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Conshuction Manager's services. § 5.G Unless provided by the Construction Manager, the Owner shall furnish sulveys to describe plrysical characteristics, legal limitations and utility locatiens for the site of the Project, and a written legal description of the site. The surveys and legal informatiai shall include, as applicable, grades and lines of streets, alleys, pavements and adjoiningpropet•tyand structures; designated wetlands; adjacent drainage; rights-of--way, restrictions, easements, encz•oaclunents, zoning, deed restrictions, boundaries and contours vfthe site; locations, dimensions and necessaly data with respect to existing buildings, other improvements and h•ees; and information concerning available utility services and lines, both public artd private, above and below grade, including invel•ts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.7 Unless provided by the Consh•uction Manager, the Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, ilteluding necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.8 The Owner shall coordirtafe the services of its own consuhants with those services provided by the Construction Maltager. Upon the Consh uction Manager's request, the Owner shall furnish copies of fife scope of services in the coutr'acts between the Owner and the Owner's consultants. The Owner shall furnish the services of AIA Document C132T" ~ 2409 frformerry B80f~taCMa -'1892). Copyrigtrt ®1973, 1980, 9892 and 2009 byThe American institute of Architects. All rights init. reservsrt. WARNING: This AIAtD Document is protected by U.S. Copyright Law and Iniernalional Treaties. Unauthodzee reproduction or dlstrlbut[on of 13 this A!A° Document, or any portion of ft, may result in severe civil and crtminai penalties, and will ba prasecufed to the maximum extent possible ~~~~ w~dor the few, This dacumantwas produced byAlA soI[ware at 91:33:56 on 09I12i2013 under Order No,3374717522 1 which expires on o4J2g/2894, and is nofforresala User Notes: (808481348) consultants other than those designated in this Agreement, or audtorize the Constriction Manager to furnish them as au Additional Service, when flte Construction Manager requests such services and demonstrates that they are reasonablyrequired by the scope of rite Project. The Owner shall require that its consultants maintain professional liability insurance and other liability insurance as appropriate to dte services provided. § 5,9 The owner shall furnish tests, inspections and reports required bylaw or the Contrac# Doottments, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.111 The Owner shall furnish all legal, insurance and accounting services, includutg auditing services, that maybe reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.11 The Owner shall provide prompt written notice to the Construction Manager and Architect if the Owner becomes aware of any fault or defect in Project, ittcludittg errors, omissions or inconsistencies in the Arcltitec:t's Instruments of Service or anyfault or defect in the Construction Manager's services. § 5.1211te Owner reserves the right to perform construction and operations related to the Project with the Owner's own forces, and to award crnih'acts in connection with the Project which are not part of the Construction Manager's responsibilities under this Agreement. The Construction Manager shall notify the Owner if any such independent action will interfere with the Construction Manager's ability to perform the Consh•uction Manager's responsibilities tinder this Agreement. When performing construction or operations related to the Project, the Owner agrees to be subject to the saute obligations and to have the same rights as the ConU•aotors. § 5.13 Except as otlte-•arise provided in this Agreement, or when direct communications have been specially authorvcd, the Owner shall endeavor to communicate with the Contractor and the Construction Manager's consultants through the Construction Manager about matters arising out of or' relati-tg to the Contract Documents. The Owner shall promptly notify the Construction Manager of any dir'eck carom unications that may affect the Conshuction Manager's services. § 5.14 Before executing the Contract for Construction, the Owner shall coordinate the Canstructiart Manager's duties and responsibilities set forth iu the Contract for Construction with file Cansri•uction Manager's services set forth in this Agi-eement. The Owner shall provide the Construction Manager a copy of the executed agreements between the Owner and Contractors, including the General Conditions of the Contracts for Construction. § 5.15 The Owner shall provide the Construction Manager access to the Project site prior fa catnme-tce-nent of the Work and shall obligate the Contractor tc provide the Construction Manager access to the Work wherever it is in preparation or progress. ARTfClE 6 COST t)1= THE WORK § 8,1 For purposes ofthis Agreement, the Cost of the Wark shall be the total cost to the Owner to constntct all elements of the Project designed or specified by the Architect and shall include the contr'actors' general conditions costs, overhead and profit. The Cost of the Work includes the compensation of the Construction Manager and Consri•uetion Manager's Consultants during the Construction Pltase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of--way, financing, contingencies far changes in tI-e Work or other costs that are file responsibility of the Owner. § ti.2 7'he Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted i}uoughout the Project as required under Sections 5.2 and 6.4, Evaluations of the Qwner's budget, preliminary estimates for the Cost of the Work and detailed estimates of the Cost of the Work prepared by the Construction Manager represent the Construction Manager's judgment as a person or entity familiar with the construction indusfry It is recognized, however, that neither the Construction Manager nor the ©wner has control over the cost of Iabor, materials ar equipment, over Contractors' methods of detertninirtg bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Construction Manager cannot and does not tvanant or represent that bids or negotiated prices will not vary from the budget proposed, established or approved by the Ow-ter, or from any cast estimate or evaluation prepared by the Construction Manager. AIA bocument e132TU -- 2009 formoriy BeDt TMGMa ~ t9B2j, Copyright C~ t873, 198D,1992 and 2003 byThe American institute of Architects. All rights Init. reserved.WARNWG;7hlsNA~DacumenltsprotecledayU.S.CopyrlghfLBwandlnternationalTreaties.Unauthorizodreproducllonordlstrihuionof .~~ #his AIA" Document, or any portion of ft, may result in sevore civil and criminal penalties, and will 6e prosecuted to tfae maximum extent possible j~~G under the law. This dorumentwas produced byAlA soi[waro at 11:33:6G nn D0t1212013 under Order No.3379717622 1 which e:gilres on 04/2912D14, and is not for resalo. User Notes: (8D94613481 § 6.3 If the Architect is providing detailed cost esthnatn~g services as an Additiortal Service, and a discrepancy exists between the Constnaction Manager's cost estimates and the Architect's cost estimates, the Architect and the Construction Manager shall work cooperatively to conform the cost estimates to one another. § 6.4 If, prior to the conclusion of the Design Development Phase;, the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget far the Cost of the Work, the Construction Manager; in consultation with the Architect, shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments. § 6,5 If the estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the v VYller'j bUd ~Gt 1VL Ule niaAl Vi cl~_ [[r.. tel. L .. 11.._... _.. t _ll tj 4 G YY V1 A, U1G VK'11G1 Jll[l[1 .9 give written approve! of an increase in the budget for the Cast oftlre Work; .2 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .3 implement any other' mutually acceptable alternative. ARTICLE 7 COPYRIGHTS AND LICENSES The Construction Manager and the Construction Manager's consultants, if any, shall not own or claim a copyright in the Instruments of Service. The Construction Manager, the Constritofiozt Manager's consultants, if any, and fhe Owner warrant that in transmitting Instrtunenis of Service, or any other information, fire transtnittntg parry is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Consh•uetion Manager intend to trazzsznit Instruments of Service or any other information or documentarian in digital form, they shall endeavor to establish necessary protocols governing such transmissions. ARTICLE 8 CLAIMS AND aISPU7E5 § 8.1 General § 8.'1,4 The Owner and CousU'ucfion Manager shall commence al] claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binduag dispute resolution sele~tedui this Agreement within the period specified by applicable law, but in any case not more than 1Q years after the date of Substantial Cornpletion of the Work. The Owner and ConsUructiorr Manager waive all claims and causes of action not commenced yr acerndauce with this Section 8.1.1.. § 8.9.2 To the extent damages are covered by property insrrance, the Owner and Constntction Manager waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA I~oc3unent A232-2flt)9, General Conditions of the Contract for Construction. The Qwrrer or the Construction Manager, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § $.4.3 The Construction Manager shall indemnify sod hold dte Owner and the Ov+nrer's officers and employees harmless front and against damages, losses and judgments arising from elaitns by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to fhe extent #hey are caused by the negligent acts or omissions of the Construction Manager, its employees and its consultants in the performance of professional services under this Agreement. The Construction Matager's duty to indemnify the Owner under this provision shall be Limited to the available proceeds of insurance coveaage. § 8.9.4 The Constnrction Manager and Owner waive consequential damages for claims, dis~zutes or other matters in question arising out of ar relating to this Agreement. This mutual waiver is applicable, without limitation, to all eansequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 Medlatlon § 8,2,9 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arishrg out of fhe Construction Manager's services, the Construction Manager may proceed in accordance with ATADocumenlC132~M-2004} formorly6801r"CMa-1992). Copyriflhi©1973,1980, 1992 and 2009byTheAmerlcanlnsllluteofArchltecis,Allrights Init. roservod, WARRING: This AlAt9 Document Is protected by U.S. Copyright Law and international Treaties. Unauihor4zad reproduction or distrrbutton of 4~ this AIA® bocument, or any poriton of it, may result in severe civlt and crirninat pottaflias, and will bo prosecuted to the maximum extent possible j~"r~ under the law. This document was produced by AIA software al 19:33;58 on 09/12/7.013 under Order No.337-0717522_1 Wh1ch expires on 0412 9120 1 4, and Is not for resale. User Notes: (8084!31348) applicable taw to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution, § 8.2.2 The Owltei• acrd Construction Manager shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arhitration Association in accordance with its Constructian Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity admiitistering the mediation. The request may be made concurrently with the ftiirtg of a complaint or other appropriate demand for bvlduYg dispute resahrtion but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending ,,,e,c..,:,,., c .. ..,,_:_a rcn a r A.. ]..a_ _lGt•.. _ __,.l_ _ .ucwinuvu iii a ir~a,,,u ~t vv uaya u vut uic ureic ui t.iritt~, uluc5s stayeu for a iciiiger pei'lou oy agreement or the parfieg or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2,3'I9te parties shall share the mediator's fee and any filing fees equally. 'I'he mcdiaiian shall beheld in theplace where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jw•isdiction thereof. § 8.2,4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: {Check the appropriate box. Ifthe O-vnej• rend Cvnstruciron Manager dv not select a method of binding dispute resolution below, or do trot subseguentlj~ agree in writing to a binding dispute resolution method other thmi litigation, the dispute will be resolved in a court of compete-r! jurisdiction,) [ ] Arbitration pursuant to gectian 8.3 of this Agreement [ ~ Litigation iii a cotu•t of competent jurisdiction 6'.A R A R A .]a.,,..,. F ,- n.l,;h.nl-;el~sh$ll-tie-in lltly-~vitT^ A.e tali«., ..4 ., .•o „t'St~91=' zrxi`wl:::;'~u, .t`.~:: i:. ..., vr....i a:iuii .i-v $-3ntti$n'8f-1@~~ § o v v ';~t., .~1 r ..: v: i..] r,,, a,., ..,.1,;4..,,4„.r..t a...tl t_c.~-ai,~-)irdb: i~ :i ~ :+:,,, l,o «ae..~.t.... :, : ..BP,Bf~A88 >~ ~lieabl~lav~-in-airy-eettr-ter-isdietiati-theFeo~- § 8,3,4 Consolidation or Joinder § 8.3.4.9 l;ither party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration AIA Document C1327N , 2009 trformerty 6891 r'"CMa -1992). Copyright 4 9973, 1980, 1992 and 21109 by The American inslilute of Architects. Alt rlghfs Init. reserved. WARNING: Thts AIAt° Document Is protected by U.S. Copyright Law and Iniernallonat Troal±es. Unauthorized reproduction ordistributfon of .!6 this AtA® Document, or any portion of it, may result In severe civil and criminal panallies, and will bo prosecuted to the maximum axfanl possible t ~E under the law. Tills document was produced by AIA sotiware al 11:33:56 on 09/92/2013 under Order No.337471y52? 9 which expires on 04129!2014, and is not for resale. User Notes: ~ (808481348) date-o#~ ttts itrati$n-shall-b el-i{rered-te-tl-e ot}~er ~afty-to-this A .., „f n,l {; i..,l ,y}th~h@ ~@ruiuzir-vi 4:F..,d«, :..4.. .. 41.,, ,,•.~-:a,.s'tt16I3: , "' permits consolidation, (2} the arbih'ations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § $.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved irr a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided thattheparty sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in thewritten consent. § $.3.4.3 The Owner and Construction Manager grant to any person or artily made a party to an ar'bitr'ation rnnitarn4nat .an rror 4rain Ca:nF:n,+ ft Z .1. oat, eN L.., nae ,.1;,1,.a.:..., al.,, .. .`Lc_ ..r:..:., .l ,... ...! _ _i. J_a ~.+. .+-vrvw wawa au au a+waavss V..r, vyl aV 4aaya V~' jVlla LLlr Vr VVJI~llYR11V11, LIIG JQll1411~'llW Vl JVlIIUGA ilILU 1.V11, VIILLi4UUl1 as the Owner and Construction Manager under this Agreement. ARTICLE 9 TERMINATION QR SUSPENSION § 9.'11f the Owner fails to make payments to the Constrnction Manager in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for tcrtnination or, at Ute Construction Manager's option, cause for suspension of performance of services under this Agreement. If the Construction Manager elects to suspend services, the Construction Manager shall give seven days' written native to the Owner before suspending services. Lt the event of a suspension of services, the Conshruction Manager slrali have no liability to the Owtter for delay or damage caused the Owner because of such suspension of services. Before restuning services, the Construction Manager shall be paid all sruus due prior fa suspension acrd any expenses incurred in the interruption and resumption of the Construction Manager's services. The Construction Manager's fees for the remaining services and rite tune schedules shall be equitably adjusted. § 9,2 If the Owner suspends the Project, the Construction Manager shall be compensated for services performed prior to notice of such suspension, Wken the Projec# is resumed, the Construction Manager shall be compensated far expenses incurred in the interruption and resumption of the Construction Manager's services. The Conshuction Manager's fees for the remaining services and the time schedules shall be equitably adjusted. § 9,3 If the Owner suspends the Project for more than 9U cumulative days for reasons other than the fault of the Construction Manager, rite Construction Manager may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either p<`-rtymay terminate this Agreement upon naf less than seven days' written notice should the otherparty fail substantially to perform in accordance with the terms of this Agreement tltrauglt no fault of rho party htitiating the ta'mination. § 9.5 'I7te Owner may Terminate this Agreement upon not less than seven days' written notice to the Construction Manager for the Owner's convenience and without cause. § 9.6 In fire event of termination not the fault of the Constructive Manager, the Construction Manager shall be coipensated for services performed prior to termination, togethee with Reimbursable Expenses then due and all Termination Bxpeuses as defined in Section 9.7. § 9.7 Tertninatian Expenses are in addition to compensation for the Construction Manager's services and incl ude expenses directly athibutable to termination far which the Consh•uctiort Manager is not otherwise compensated, plus ut amount for the Construction Manager's anticipated proht an the value of the services not performed by rho Construction Manager, as set forth below. § 9.7.1 In the event of termination for the ()wtter's convenience prior to commencement of conch uction, rite Construction Manager shall be entitled to receive payment for services performed, costs inatnred by reason of such termination and reasonable overhead and profit on Preconstruction services not completed during the Preconstruetion Phase. § 9.7.2 !n the event of termination for the Owner's convenience after eammencernent of canslruction, the Construction Manager slrail be entitled to receive payment for services performed and costs incurred by reason of AIA bocument C132TM - 2009 formerly B804T""CMa --1892). Copyright ©1973, 19A0, 4892 and 2009 by The Atnerlcan Inslilule of Arohitocts. Ail rights Intr. reserved, WARNING: This AtA~' pocument Is protected by 11.5. Copyright Law and International Treaties. Unauthnrtzed reproduction or disiributlon of ,) 7 this AIA° Rooument, or any portion of ii, may resuit in severe civil and criminal ponalties, and will be prosecuted to the maximum extent passible ~~~ under the law. This document svgs produced byAlA software at 44:33:6£; on 09142!2043 under Order No,33747 t7522_t which expires on 04 12 9/2 0 4 4, and is nolforresaie. User Noles: (808401348) such te[•mi-tation, along with reasonable overhead and profit on services not completed dvi'ing the Construction Phase. ARTICLE 90 MISCELLANEOUS PROVISIONS § 10,1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AlA Document A232--2009, General Conditions of the Contract fox Construction, except for purposes of this Agreement, the term "Work" shall include ~l.e ..L ..C..11 !'~,... a.. .. J., at,.. ...i.~._ _1`.1._ n_, w~___ laaV WVa.M1. Va QLL~V11L1al,tVr`-u W1LLW u,cz~wnir,iaiiaiian vi uic ~.vilsiiuciiuii iv~uuaycr. § 10,3 The Owner and Constriction Massager, respectively, bind themselves, their agents, successors, assigns and legal representatioos to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other, except that the Owner may assign (his Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 10.4 If the Owner requests the Conshuction Manager to execute certificates, the proposed Ianguage of such certificates shall be submitted to the Construction Manager for review at least 14 days priax to the recjuested dates of execution. If the Owner requests the Construction Manager to execute consents reasonably requu-ed to facilitate assignment to a lender, the Construction Manager shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Construction Manager for review at least 14 days prior to execution, The Construction Manager shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Ageement. § 90.5 Nothing contained in this Agreement shall create a contractual rclatioitship with or a cause of action in favor of a third party against either the Owner yr Construction Manager. § 10,6 Unless otherwise required in this Agreement, the Constriction Manages• shall have no responsibility for the discovery, presence, handling, removal nr disposal of, or exposure of persons to, haza['dous materials ar toxic substances in any farm at the Project site. § 10.7 The Construction Manager shall have the right to include photographic or artistic representations of the desig[i of the Project among the t::onstruction Manager's promotional and professional materials. The Construction Mitnager shall be given reasonable access to the completed Project to make such representations. IIowever, the Construction Manager's materials shall not include fire Owner's confidential or proprietary information if the Owner has previously advised the Construction Manager in writing of the specific information considered by the Owtter to he conffdential or proprietary. The Owster shall provide professional credit for the Construction Manager in the Owner's promotional materials for the Project. § 94.8 If the Construction Manager or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to {1) its employees, (2) those who need to know the costteatt of such information ii order to perform services or construction solely and exclusively for the Project, or {3) its cnsisultauts and contractors whose cant[-acks include similat• restrictions on the use of confidential information. ARTICLE 91 COMPENSATION § 19.9 For the Construction Manager's Basic Services described under Article 3, the Owner shall compensate fire Construction Manager as follows: § 91.'1.9 k'or Preeanstruction Phase Services in Section 3.2: (Insets amotr>cl of, ar basis for; conrpensatiorr, incTudirrgsir'prrlated scents, multiples or• percentages.) Fixed Fee Stipulated Sum of $24,290.0(} plus reimbw'sables per Exhibit "A'!. § 19.1.2 For Construction Phase Services in Section 3.3: AIA Document C132SM -20p9 formerly 8801 T°CMa -1092}. Copyright O 1973, 1986,1992 and 2009 by7he American Institute of Architects. AN rights Init. resorvod. WARNING: This AIA~ Dpcumonl Is protectod by U.S. Copyright l.aw and International Treaties. Unauthorized r®productian or distribution of ~ $ this AIA® Document, pr any portion of i[, may result In severe c[v11 and criminal pena[t[es, and wit[ bo prosocuted to the maximum extent possible i ~,rG under the law. This document was produced 6y AIA software At 11:33:5ti on 0 011 2/2 01 3 under Or@er No.337A717S22 9 which expires on 04/29!2014, and is no[ for resale, User Notes: (808481348) (Insert anrotrrrt of, or basis for contpetrsation, incltrdingstipnlated snnts, nttrltiples orpereentages.) Fixed Fee Stipulated Sum of $349,Oh5.00 plus reimbursables per Exhibit "A". § 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Construction Manager as follows: (Insert anrotrrtt of, or buses for, cotttpensrrfion. Xf neoessdt~ , list speck services to Zvhich pm7ictrlrtY rnethodr of contperrsatiorr apply Negotiated Fixed Fee. § 11,3 Far Additional Services that may arise doting the course of the Project, including those iu>der Section 4.3, the Owner shall compensate the Construction Manager as follows. {Insert rmtotrnt of, or basisfot; compensation,) Ne>ratiated Fixed Fee., § 11.rF Compensation for Additional Services of the Construction Manager's consultants when not included in Sections ll.2 or 11.3, shall be the amount invoiced to the Construction Manager plus Zero percent (Q %}, or as otherwise stated below: § 11.5 The hourly billingrates for services of the Construction Manager and the Construction Manager's consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Construction Manager's and Construction Manager's consultants' normal review practices. (If applicable, attach mt ev7:ibit of hourly billing rates or insert there below) See Exhibit'B". Employee or Category Rate ($O.OOy § 11.6 Compensation for Reimbursable Expenses § 17.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Conshuetion Manager and the Consh'uction Manager's consultants directly related to the Project, as follows: .1 ~nsp$r-taken-aacl-autl~ri~d-eut-ef-town-trawl--and stbsist~nco- .2 T ,.,,.~ aa..f.,,,,.o ,. „„~ a„a;.,...,,a a...., ..„a „ ^~tieR-SSF~tist+rtolE6Ali€oFet~ees;~'rejeet ~sb ..:.o ,r ....-., .,... ..~ . .3 Fees paid for securirtg approval of authorities having jurisdiction over the Froject; .4 1'riutittg, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .8 Expense of overtime work requirn>g higher than regular rates, if authorized in writa~a iu advance by the Owner; .7 .8 .9 All taxes levied on }~ ~ ,, . and on reimbursable expenses; .10 bite-eff-tee~ei3-ses;-arid .11 Other similar Project-related exp •~'rss:expcnditures Reimt~ursable, items listed in Fxhitrit "A°. § 11.6.2 For Reimbursablc>vxpenses the compensation shall be the expenses incurred by the Construction Manager and the Construction Manager's consult~u~tts plus zero percent (0 %) of the expenses incurred. AIA Doanmen! C132Ta - 2Q89 rformerly B809'""CMa -'!9921. Copyright ©9973. 9980, 1992 and 2009 by The American Institute °f Arch[lects. Ail rights Inif. reserved. WARNING: This AIA& Qacument is protected by U.S. Copyright Law and International Treaties- Unauthorized reproduction pr distribution of 1 ~ this AIA® Document, or any portion of it, may result In severe civU and criminal penalties, and will be prosecuted !o the maximum extent possible i ~.~ under the law. This docuatenf was produced byAlA sothvare ai 17.33:56 on 09/12/20 13 under Order No.3374717522_9 which exp(res on04!'19/1014, and is not 4or resale. User Not°s: {808481348} § 11.7 Payments to the Construction Manager ` § 11.7.1 An initial payment of zero ($ 0 )shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.7.2 Unless otherwise ageed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Construction Manager's invoice. Amounts unpaid Thirty( 30 )days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. (Insert rate of moaathly or annual interest agreed upon.) 0 % Zero § 11.7.3 The Owner shall not withhold amounts from the Construction Manager's compensation to impose a penalty or liquidated damages on the Construction Manager, or to offset sums requested by or paid to Contractors for the cost of changes in the Work unless the Construction Manager agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.7.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations oragreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document C132T"~-2009, Standard Form Ageement Between Owner and Construction Manager as Adviser .2 f4IA~~et}t )/2AITM ~nn-r n:,.;~,.t n..., n..,..~,.~t tr.,t,~4:. ;r _„„.„t~.,,a ,.>,,. ~ n,....:„,.. v , w~ .. ..... ....... .....b. .3 Afh B88t~tera~E~~ M Lnno~arfvisrFxtiviri~cii:"S otvc 1L' 1,'1,'t ;F.. ..,Yle*ea~.,,. rt,e l .4 Other documents: (List other documents, if any, including additional scopes of service forming part of the Agreement.) Exhibits "A" and "B". This Agreement is entered into as of the day and year itten above. `'-.~ -' roaHO . x Ma or Tamm de Weerd nF SE~,L Jo . Ewin Secretor (Printed name and title) FR .>~ nted name and title) a ~ ~~ r '~~~~~erk Attested B Init. AIA Document C132 TM - 9 iformerly 8801 TMCMa -1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AtA Document is protected by V.S. Copyright Law and [nternationalTreaties. Unauthorized reproduction or distribution of 20 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible t ~"y~C under the law. This document was produced by AiA software at 11:33:56 on 09I1212Dt3 under Order No.3374717522_1 which expires on 0 412 9/20 1 4, and is riot for resale. User Notes: (808481348) .,~..~;r`~t; '1'vOl) I'IdoriECli~ Exhibit 'A' City of Meridian Construction Management Services Ai iSilln Cato+ar Tr~ininn (:nn4cr ...N..., .,H,..~y ....,....,y ..,,,,,,.., E~c~ist:, fd~ilui tt~~%;)C'. ® j~?t)i>} ;3~J~J..'t',itJr1 pate: August 22, 2013 A. CM Fee Meridian Public Safety Tra[ning Center This fee includes all home office and fisted jobsite expenses (i.e. estimating, scheduling, bidding, accounting, contract administration, project management, secretarial support, supervision, precanstruction services, progress meetings, jobsite trailers, Site office supplies and equipment, chemical toilets, and temporary phones) and services as described in the AIA Document C132 Standard Form of Agreement between Qwner and Construction Manager as Adviser. f=ixed fees plus reimbursable expenses will be: Pre-Gonstruction Phase Services {11.1.1) $ 24,290.00 Construction Phase {Base Fee) $227,580.00 Project Manager and Superintendents $121,465,00 Tote! Construction Phase Fee (11.1,2) $349,045.00 B. Reimbursable Genera! Conditions Costs Reimbursable general conditions include costs incurred at the jobsite and will be billed at actual cost without an marku .These costs typically include: Field SurveyinglLayout Temporary Lighting Temporary Electricity Temporary Water Safety Inspections Dumpsters Security Material Testing Small Too{s and Fasteners Dust Control Printing Costs Bond Janitorial Final Temporary Partitions Winter Cover and Heat Temporary Fencing Construction Photographs Construction Signage Continuous Cleanup PostagelExpress The Construction Managers estimated budget far these items is $84,335.00 Page 1 of 2 Exhibit `A' C. Clwner Soft Costs Plan Check Fees (LacallStafe) l3ullding Permit Fees Sewer Connection Fees Water Connection Fees Idaho Power Connection Fees Phone and CATV Connection Fees Gas Connection Fees Soi(/Geofechnicai Report Architect Fee Bond Counsel/Related Costs Bid Document Costs-Reproduction & Printing AIE Reimbursables Survey Work (Design) Civil Engineering Fees Legal Fees insurance Costs-Builders Risk Furnishings, Fixtures & Equipment Page 2 of 2 'i:)()ll kliturado EXHIBIT "B" F.~UlSS~ ~l~ili3U i{~:i~(I,I~ti a (~i3;S} ,'•i'.;-'f,i{3(} The Ewing Company inc. Schedule of Hourly Rates Position Houriy Rate Principal $65.00 Project Manager $57.00 Superinfiendent $52.00 Estimator $57.00 Accountant $55.00 Secre#arial $40.00 Ce~i'fific~fion ®f D~~urrrenf's e~ufhGl?~1C11~/ AlA®Documenl` D401 tM - 2Q03 I, BiII Garcia, hereby certify, to the best of my knowledge, information and belief, That I created the attached final document sitnultaneouslywith this certi~tcation at 11:33:56 on 09/12/2013 under Order No. 3374717522_) from AIA, Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA°D Document C132T~ -- 2009, Standard Form of Agreement Between Owner and Construction Manager as Adviser, as published by the AIA in its sollware, other than changes shown in the attached final document byunderscoring added text and striking over deleted text. (.S'igf7ed) ~^ (Title) /r` ~~~~,~~ ,~ JQ~.G L•"" ,~,~~J •°~ _._ (Dafed~ AIA Document D469TM -- 2003. Copyright W 1992 and 2003 byThe American 1nsRlulu of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and Intemaftonal Treaties. Unauthorized reproduction or distributlan or this AfA® Document, or any portion of If, may result in severe cW1I and ariminai penalties, end will bs prosecuted to tha maximum extent possibie underthe taw. This documentwas produced by AIA softwaro at 14:33:56 on 09!12!2013 under prdsr No-3374717522. 1 vihlch expires on 0 412 9120 1 4, and !s not for resale, User Notes: ~ t00t14tt1349}