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Contract 2076
logs AIA Docztrnent 8801/Cl~la ~, ~ ~ ~, - ~ _ .~. ~ - ~ ., ~ _~ where the Construction Manager is NOT a Constructor ~9~2 E®ITO®N THIS DOCUMENT H.4S IMPORT4NT LEGAL CONSEQUENCES; CONSLrLTATION WITI-I AN ATTORNEY IS ENCOURAGED G~7TH RESPECT TO ITS COMPLETION OR MODIFICATION. This docu/Went is intended to be zased in conjunction with the 1992 editions of AIA 17ocasnzetats B141/CrYla, AIDI/CMa and A201/CA4a. EE T made as of the TWENTY FIFTH (ha words, indicate day, month arad I~ew•) TWO THOUSAND EIGHT ET EN the Owner: (Name arad address) CITY OF COLUMBIA HEIGHTS 590 40~"7~V~NUE NORTHEAST COLUMBIA HEIGHTS, MN 55421-3878 anal the Construction Manager: (Name and address} EDS BUILDERS, INC. 404A SAINT CROlX TRAIL NORTH LAKELAND, MN 55043 for the following Project: (hzckade detailed description of Project, location, address arad scope-) COLUMBIA HEIGHTS PUBLIC SAFETY CENTER 825 41ST AVENUE COLUMBIA HEIGHTS, MN 55421 The l~rchitect is: (Name and address} BUETOW AND ASSOCIATES, INC. 2345 RICE STREET, SUITE 210 ST. PAUL, MN 55113 day of MARCH The Owner and Construction Manager agree as set forth below. in the year of C.opyrigh[ 1y73, 1980, 019>2 by Tne American Iusei[ute ofArchitce[s, 1735 bie~uYorkACCnue, N.W., h'/ashington, D C. ?0006-5'_92. Reproduc[ion of the marerial herein or substantial quotation of its provisions without written permission of the ALA violates the copyright lays o`r the United States and w~ilf subject the viotaiat tc'> legal prosecution. naR aan~ ~~lA t34'°~13Nat=~4i S~d31/CfV3~ ° OWNER-CONSTRL1CTiON NL4NAGER AGREEMENT ° 199? EDITION ° AIAs 01992 ° THE AMERICAN iNST1TUTE OF ARCHITECTS, 17j5 NF.W °a .~ Y'ORIi AVENUE, NW, WASHINGTON DC. 200n65292 ° 6'V/~P,'~I~~i: Urt13C9szsed ~~ pG;~_~~npy'sctg vi~S~:es 13.x. e~~;prignt Ea!nrs arJ ws81 saaL~gssi r,ia~ v9~Ea'~c~ ~0 4~g~1 pr~;s~attti©r,. ~~~~1{~~~~~°~ ~`~ ~'~~M~ t~l`~1~ C~~~I ~ I~1~"S ~~' A~~~ ~i~E~°~"~ ~E Y ~/z~l~i ~3~~IN~P~ A~T~ ~~1~T~'~'~~~T~~i'~~~1 ~1~~N~~~P~ ~RTiCLE ~ ~~5~6~56~~~E~'~~S 1.1 C~~dS~RUCi'9i3~ 1191A~RACaER'S SER~f9CES 1.1.1 The Construction Manager's services consist of those services performed by the Construction Manager, Construc- tion Manager's employees and Construction Manager's con- sultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 14. 1.1.2 The Construction Manager's services shall be provided in conjunction with the services of an Architect as described in the edition of 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 carry out the requirements of this Agreement in an expeditious and eco- nomical manner consistent with the interests of the Owner. 1.1.4 The services covered by this Agreement are subject to the time krroiiations- contained in Subparagraph 13.5.1. AR7'IC~E 2 SC®PE ~~ C~NS~'RUCT'I~P~ 6~ANAGE'S AS6C SERVBCES 2.1 ®EF1fV0i'9®1V 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-C~NSl'RUCl'1®N P~1,4SE 2.2.1 The Construction ivianager 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. 2.2.2 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and construc- tion budget requirements, each in terms of the other. 2.2.3 Based on early schematic designs and other design cri- teria prepared by the Architect, the Construction Manager shall prepare preliminary estimates of Construction Cost for pro- gram requirements using area, volume or similar conceptual estimating techniques. The Construction Manager shall pro- vide cost evaluations of alternative materials and systems. 2.2.4 The Construction Manager shall expeditiously review design documents during their 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- cu_rement, 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 the Architect's services. In the Project Schedule, the Construction Manager shall coordinate and integrate the Construction Manager's services, the Architect's services and the Owner's responsibilities with anticipated construction schedules, high- lighting critical and long-lead-time items. 2.2.6 ° ^ «h n ,.h: az-ri-,he,-~3•F~r' V b* ~ ~ ~ ,~~~ t~ren~s;--the~c-e b . - r~sr•r-rre- .~__ .a _n ..,mot, s.r l...,.^ wygfi ib`Pxfta~cx xrrQ~xT~xrrx ct, ~i~3r£xirat~~ cori~ti uttivii ~•vst -° =-~-^~^'~^ ~'~•^" ^ =x~-~.~ The estimated cost of each Contract shall be indicated with supporting detail. Such estimates shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall ad- vise the Owner and Architect if it appears that the Construc- tion Cost may exceed the latest approved Project budget and make recommendations for corrective action. 2.2.7 The Construction Manager shall consult with the Owner and Architect regarding the Construction Docu- ' -` menu and make recommendations whenever design details adversely affect constructibility, cost or schedules. 2.2.3 The Construction Manager shall provide recommen- dations and information to the Owner and Architect regard- ing the assignment of responsibilities for temporary Project facilities and equipment, materials and services for com- mon use of the Contractors. The Construction Manager shall verify that such requirements and assignment of respon- sibilities are included in the proposed Contract Documents. 2.2.9 The Construction Manager shall provide recom- mendations and information to the Owner regarding the allocation of responsibilities for safety programs among the Contractors. 2.2.10 The Construction Manager shall advise on the divi- sion of the Project 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 Project con- struction schedule providing for the components of the Work, including phasing of construction, times of commencement /~l~, ®®P'.131!'cV1lT B?a®i/CNda °OWNER-CONSTRUCTION N1.4NAGER AGREEMENT ° 1992 EDITION AL4" 61992 ° THE AMERICAN INSTITUTE OF ARCHITECTS, 17j5 NEi/ Y-ORK AVENUE, N.W., WASIIINGTON, D.C. 20006-5292 ° U11llBF9l3~G: t~sa9icea~s°~ ~hen~cagr~l~g v!~laaes 13.5. c©~t~sigtae Saws ased wilS s>3blect tl~e vs®!a$®s e~ i2ga! pr~s2ce~alQSa. ~6~1,°~~3,~a1~~2 2 and completion required of each Contractor, ordering and delivery of products requiring long lead time, and the occu- pancy 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 ,~~a ~: ll.dll L1111C. 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. 2.2.17 The Construction Manager shall submit the list of prospective bidders for the ,Architect's review and the Owner's approval. 2.2.18 The Construction Manager shall develop bidders' in- terest in the Project and establish bidding schedules. The Construction Manager, with 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. 2.2.18 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. 2.2.29? 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 assessments. 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 C~iVSTR9JCT90fV PF9ASE-Af3MIPd6ST9~ATl®RI C~ TF~IE C93~RSTSlDCT6®1~ C®~IT~ACT '2.3.1 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, v~ill 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 A20I/CMa, General Conditions of the Contract for Con- struction, Construction Manager-Adviser Edition, current as of tilt date crf iris rngreernent. 2.3.3 The Construction Manager shall provide administra- tive, management and related services to coordinate scheduled activities and responsibilities of the Contractors with each other and with those of the Construction Manager, the Owner and the Architect to endeavor to manage the Project in 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. Gi-!~ ®d3Ct91Vi=~IT B~ai/C911a ~ OWNER-CONSTRUCTION MANAGER AGREEMENT ~ t992 EDITION ° AL~° ~ ©1992 ~ THE AMERICAN INSTITUTE OF ARCHITECTS, i',,5 NEW' YORK AVENUE, N.W., WASHINGTON, D.C. 20006->292 ~ NJA~P3E113C: Ur3ileerased ~e~`j~'~ti~?~i ='=`j'~~~ rol9c~co;~a,/irag vla'satas U.S. coeaJrlc~h~ laanr grad wlll s¢s~jc-ct tl~e vi®da~~r 4~ Ic~aE p~seea~tlssr3. 2.3.'1'l."l Based on the Construction Manager's observations and evaluations of each Contractor's Application for Payment, the Construction Manager shall reviev~ and certify the amounts due the respective Contractors. 2.3.11.2 The Construction Manager shall prepare a Project Application for Payment based on the Contractors' Certificates for Payment. 2.3.11.3 The Construction Manager's certification for payment shall constitute a representation to the Owner, based on the Construction Manager's determinations at the site as pro- vided in Subparagraph 2.3.13 and on the data comprising the Contractors' Applications for Payment, that, to the best of the Construction Manager's knowledge, information and belief, the Work has progressed to the point indicated and the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to 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 to payment in the amount certified. 2.3.11:4 The issuance of a Certificate for Payment shall not be a representation that the Construction Manager has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences for the Contractor's own Worl~, ~r procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4} ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.3.12 The Construction Manager shall review the safety programs developed by each of the Contractors for pur- poses of coordinating the safety programs with those of the other Contractors. The Construction Manager's responsibilities for coordination of safety programs shall not extend to direct control over or charge of the acts or omissions of the Con- tractors, Subcontractors, agents or employees of the Con- tractors or Subcontractors, or any other persons performing portions of the Work and not directly employed by the Construction Manager. 2.3.13 The Construction Manager shall determine in 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, whether 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- stnution schedule. 2.3,1 Wit1_~ respect to each Contractor's own ti~ork, the Con- struction Manager shall not have control over or charge of and shall not be responsible for construction means, tneih- ods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work of each of the Contractors, since these are solely the Contrac- tor's responsibility under the Contract for Construction. The Construction Manager shall not be responsible fora Contrac- tor's failure to carry out the Work in accordance with the respective Contract Documents. The Construction Manager _c_ ..F Shall nOC ilaVe CUlltiUl UVCI VL l.itai-ge ui aCt~ or OiTii5SivnS vi 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 far 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 shalt 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. 2.3.2® 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 reports to the Owner and Architect including in- formation on each Contractor and each Contractor's Work, as well as the entire Project, showing percentages of com- pletion. The Construction Manager shall keep a daily log con- taining 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- ectsite 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, Product Dana, 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 ]evels 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. r",!:", 13GCLI;It1=i~li' ~at$~/GIt13a OtX'NER-COIVSTRL'CTION ~t.LN.zGER .~GREEivIENT ~ 199? EDITION > ,~TA° ©1991 THE AIvIERICA:w INtiTiTCTE OF dRCHITECTS. 1'» NEW' YORK A~.'ENt'E. N.W., ~X'AtiHINGTON, DC. 10()06-5?9' V~l,~v~s~11PIG: tSetli~2aro5ed ~ra~#ac~~ylr~~ ~~1€~15_ss SS.~. ca;syc3~I:c laanrs aaad wlll s~Inlc-~s i~:e v§«~Ist©r to Ic-aa1 Ns~sscssai®~s. ~~~`~~~~9~1=1°~~~~ Gs ~.~,~'~ The Construction Manager shall arrange for the delivery, storage, protection and security of Ovvner-purchased materials, systems and equipment that are a part of the Proj- ect until such items are incorporated into the Project. 2.3.24 ~yJith the Architect and the Owner's maintenance per- sonnel, the Construction Manager shall observe the Contrac- tors' final testing and start-up of utilities, operational systems 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- inginspections to determine urhether the Work or designated portion thereof is substantially complete. 2.3.26 The Construction Manager shall coordinate the cor- rection and completion of the Wark. 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 warranties and similar submittals required by the Contract Documents for delivery to the Owner and deliver all keys, manuals, record drawings arid maintenance stocks to the Owner. The Construction Manager shall forward to the Archj~~ct a final Project Application for Payment upon compliance with the requirements of the Contract Documents. 2.3.2 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 A~E~6TB~6~AL SERiitCES 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 the compensation for Basic Services. The Optional Additional Services described under Paragraph 3.3 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent 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 3.2 are not required, the Owner shall give prompt written notice to the Construction Manager. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Con- struction Manager shall have no obligation to provide those services. 3.2 ~®b.9~91`9GEiti13 A®~2T10~9A~ EER~I~E~ 3.2.1 Providing services required because of significant changes in the Project including, but not limited to, changes in size, quality, complexity or the Owner's schedule. 3.2.2 Providing consultation 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 b_v the termination or default of the Architect or a Contractor, by major defects or deficiencies in the Work of a Contractor, or by failure of performance of either the Owner or Contractor under a 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 pubtic hear- ing, arbitration proceeding or legal, proceeding except where the Construction Manager is party thereto. 3.3 ~~~'I~NAL A~®tTl®~lAL S~R~/ICES 3.3.1 Providing services relative to future facilities, systems and equipment. 3.3.2 Providing services to investigate existing conditions or facilities or to provide measured drawings thereof. 3.3.3 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.3.4 Providing services required for or in connection with the Owner's selection, procurement or installation of fur- niture, furnishings and related equipment. 3.3.5 Providing services for tenant improvements. 3.3.5 Providing any other services not otherwise included in this Agreement. ARTICLE 4 ®1A/i~ER'S RESP~~BSI~~LITtES 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, which 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 to act on the Owner's behalf with respect to the Project. The Owner, or such authorized representative, shall render deci- sions in a timely manner pertaining to documents submit- 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 ~i~ ®c`b~i9~lit=i~}T 3~I'i3/oBUia > OWN"ER-CONSTRUCTION NL4NAGER AGREEA4F.NT ~ 1992 EDITION ~ ALSO ~ ©1992 ~ THE rLNIERICAN INSTITUTE OF ARCHITECTS, 17?5 NECU YORK AVENUE, N W., WASHINGTON, D.C. 20006-5292 ~ V!f'~RP4B6<-G: t9n1's~ea~s°2i ~ ` ~~1 ~~3~Y~~9°`~ ~~'~ g~haBeca~~isag ~ri~iagss tt.S. cm~,~~B~he Saws aid wilt s»B~ect ~i~a v's®Baa~~ Ya Ber~aB ~a~seaas'tiau~. Document Blzl/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 unreasonably withheld. The Construction Manager shall not be responsible for actions taken by the Architect. 4.S The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.7 The Owner shall furnish all legal, accounting and insur- ance counseling services as may be necessary at any time for the Project, including auditing services the Owiaer may re- wire to verify the Contractors' Applications for Payment or to ascertain how or for what purposes the Contractors have used the money paid by or on behalf of the Owner. 4.03 The Owner shall furnish the Construction Manager with a sufficient quantity of Construction Documents. 4.9 The services, information and reports required by Para- graphs 4.5 through 4.8 shall be furnished at the Owner's expense, and the Construction Manager shall be entitled to rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner to the Construction Manager and Architect if the Owner becomes aware of any- fault or defect in the Project or non- conformarice with the Contract Documents. 4.11 The Owner reserves the right to perform construction and operations related to the Project with the Owner's own forces, and to award contracts in connection with the Proj- ect which are not part of the Construction Manager's respon- sibilities 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 Construction Manager's responsibilities under this Agree- ment. When performing construction or operations related to the Project, the Owner agrees to be subject to the same obligations and to have the same rights as the Contractors. 4,12 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in the orderly progress of the Construction Man- ager's services and the progress of the Work. F~~~ICLE 5 C~NSTRlJC"Y't~N C® s'f 5.1 ~EFIGV["f'IOi~ 5.1.1 The Construction Cost shall be the total cost or esti- mated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially pro- 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 7.1.3, 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-way, financing or other costs which are the responsibility of the Owner as provided in Article 4. If any ..f rha ~'nncrn ir~rinn I~/ta tla QPt'G f'clm r)e. TlSatlOfl 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 ~~~~~~Slll_9~'~ ~~R ~C~~J~~1~~9~3'1~E~9 ~~~~' 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 industry. It is recognized, however, that neither the Construction Manager nor the Owner has control over the cost of labor, materials or equipment, over Contractors' methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accorduzgly, the Construction Manager cannot and does not warrant or represent that bids or negotiated prices will not vary from the Project budget proposed, established or approved by the Owner, or from any cost estimate or evaluation prepared by the Construction Manager. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the 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 systems and types of construction are to be included in the Contract Documents, to suggest reasonable adjustments in the scope of the Project, and to suggest inclu- sion ofalternate 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 I~7egotiation Phase has not commenced within 90 days after submittal of the Construction Documents to the Owner, any Project budget or fixed limit of Construc- tion Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- vided in Subparagraph 5.2.3) is exceeded by the sum of the lowest bona fide bids or negotiated proposals plus the Con- struction Manager's estimate of other elements of Construc- tion Cost for the Project, the Owner shall: .i give written 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 f~I,~ ®C3~t9641d~PfT €3301/CeU6a °OWNER-CONSTRUCTION MANAGER AGREEiviENT ° 1992 EDITION ° AIA©° :1992 ° THE AMERICA'*t INSTITUTE OF ARCItITECTS, 1'35 NEW YORK ?,VENUE, IV.W , WASHINGTON, D.C. ?0006-5292 ° UtJ~F?e3lVca: tlr:licBPiS~C9 p6?~e~+~`~rt/#~g va~6a=~s eJ.S. copt~rigS:t t~nr asad n~'s9t stn~9~~:s ~~e vaal~:o~ t® -c-;,aP ~:~As~~~Ei~~. .~'.~ 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 necessary to bring the Construction Cost within the fixed limit, if established as a condition of this Agreement. A1°fCLE 6 C®~BS~'~~~T6® 5~~~~T A~~'~V9T9~~ 5.9 Construction support activities, if provided by the Con- struction Manager, shall be governed by 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. ARl'ICLE 7 ~1tV~ERS6il~ ANA llS~ ®F ~6i11°~Cl"'S ®F~A~/INGS, S~ECI~ICA~I®NS ~~~ ~T~ER ®CU~9E1~6'i'S 7.9 The Drawings, Specifications and other documents prepared by 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 set, shall be returned or suitably accounted for to 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 by 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 Owner 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 by the Architect appropriate to and for use in the performance of the Construction Manager's services under this Agreement. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifica- tions and other documents prepared by the Architect. 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 ~a~a~~T~a~~ Q®~ 8.9 Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or breach thereof ~e subject to and decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association cur- rently in effect unless the parties mutually agree otherwise. ®.? Demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitra- tion Association. A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when. institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of limitations. 3.3 No arbitration arising out of or relating to this Agree- ment shall include, by consolidation, joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement signed by the Owner, Construc- tion Manager, and any other person or entity sought to be joined. 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 the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or en- tity duly consented to by the parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. a~.~ The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 9 TER6VlI[V.4TIORl, SUSPE~St®N ®~$ ARAN®®tVMENT 9.9 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 9.2 If the Project is suspended by the Owner 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 permanently 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 the ~4~ ®®~,tl4111~~67' ~8flt/CSt~a ° OL`JNER-CONSTRUCTION M.1IVAGER AGREEMENT ° 199? EDIT[ON AIA° 01992 ° THE AMERICAN INSTITUTE OF ARCHITECTS. 1',5 NEW YORK .i~`ENllE, N.iX'., WASHINGTON, D.C. 20006-5292 ° V'VA~~FIiti4~: tlraiac?rysed ~ !~~s~~l~?9~~,°~~~~ ~a~3Fs~e~~yss~gv6c4aiestl.S.ca~S~.i~Ga81d3nJss~r~wB38ss~~lec~t5e,ei~9~~~rraa95~a3~,s~se~3~imn. Construction Manager within seven days of the date of the notice, the suspension sha11_ take effect without further notice. In the event of a suspension of services, the Construction ~~lanager shall have no liability to the Owner for delay or damage caused to the Owner because of such suspension of services. X3.6 In the event of termination not the fault of the Construc- tirln ivtan~aar thn ('nncrrn~^tinn AAa na nar chop ha rnmr.ar, or,rorl for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Ex- penses as defined in Paragraph 9.7. 9.7 Termination Expenses are those costs directly attribut- able to termination for which the Construction Manager is not otherwise compensated. s~~a~~~t.~ ~~ ISCELLA~~US P~~i!l~9~S 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 ATA Document A201/CMa, General Conditions of the Contract for Construction, Construction Manager-Adviser Edition., current as of the date of this Agreement. 10.3 Causes of action between the parties to this Agree- ment pertaining to acts or failures to act shall be deemed to have accr~,~ed and the applicable statutes of limitations shall commence to run not Later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Project Certificate for Payment for acts or failures to act occurring after Substantial Completion. 10.4 UVa6weo~s o>t Su~a~oga!lion. The'Owner and Construction Manager waive all rights against each other and against the Contractors, Architect, consultants, agents and employees of any of them, for damages, but only to the extent covered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AlA 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. 90.5 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 Owner and Construction Manager and supersedes all prior negotiations, representations or agree- ments, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Con- struction Manager. 90.7 Nothing contained in this Agreement shalt create a con- tractual relationship with or a cause of action in favor of a third party against either the Owner or Construction Rilanager. 90.3 Unless otherwise provided in this Agreement, the Con- struction lblanager 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 L bi~iicnyi (PCB} ur utlicc iuxic substances. A~~~~L~ 11 I~~URAC 91.9 arC39V~TRl.9~~'lt~~ MA~fi1/aE~'S LIA~I~I~~' 9NS9.l~Ai``1~E 99.9.9 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 may arise out of or result from the Construction Manager's operations under this Agreement and for which the Construction Manager may be legally liable. .9 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 (]} 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. 11.9.2 The insurance required by Subparagraph 11.1.1 shall be written for 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. A~TI~L~ 12 PAYMENTS T® ~FfE C®N~T'~IDC°~I®~ A~~~~~ 92.1 ®@RECT PERS09VNE~ E3t~~l~~~ 92.9.9 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- A8A oOCtlulA~i+9 i o8tS9/C~rta ~ O~~ NER-CONSTRUCTION ,b1AN 1GF.R AGP.EEMENT ~ 199? EDITION ~ AIA~ ~ rJU93 THE AMERICAN INSTITUTE OF ARCI4TTECTS, I?;5 NEx' ~'ORti At'ENL'E, N.Ct~, tiy'.~SHINGTON, I1 C. ?0006-~29? ~ VVA3~P91@~4G: tlni'sec--used ~€ ~~vea;~r's~g vi~la~as L7.~. c~g~b~r~gE~4 Ea~nr aid v+r60P sa:~a3eci ~S 3e via9a2or t~ 1eCa9 grrase~w~eims~. fits, insurance, sick leave, holidays, vacations; pensions and si_znilar contributions and benefits. 12.2 ~S-u~s~S~~S~~L~ S:t~=~9S~S 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 Ivianager's employees and cvnsuhants iii the interest of Citc Project, as identified in the following CIauses. 12.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town 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, ex_preSS.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 by the Owner in excess of that normally carried by the Construction Manager. 12.3 PAY6UIENTS OMB ACCOUNT ®~ SAS9C SEl~ii1CES 12.3.1 An initial payment as set forth in Paragraph 13.1 is the minimum payment under this Agreement. 12.3.2 Sub~`e'cjilent payments for Basic Services shall be made monthly 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 Constraction Ivlanager, com- pensation for any services rendered during the additional period of time shall be computed in the manner set 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 ..F rL.o Dr ch~ii ha ~F.la rr. rho o.Tro,-,r c v. «~~ . ~ole,.~ .,..~.. ~~ payu~... ~~ ~.,.. ~~wa.~ ~,.~ .., w H.e pe.- 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 ®l~ ACCC9l~NT C7~ ~®CITI®PJAL SERi/GCES AN13 REI~SI9~SASLE 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 PAYNfERiTS ~/ITHHELC 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 CONSTRUCT6®N ~1@Ah9A6aEff~'S ACCCUNT[NCa RECCF~®S 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 be available to the Owner or the Owner's authorized represen- tative at mutually convenient times. Aid ®dCt3Su3=&'~4~' i38~1/~Ma OCJNER-CONSTRL`CTION MANAGER AGREEMENT ~ 199? EDITION a AIA° ° 01992 ° THE AMERICAN INSTITUTE OF ARCHITECTS, 17» NEW YORK AVENUE, N.W., WASHINGTON, D.C. ?0006-5292 c VF/~t~.~9Sa1G: 19e2i[~mstSG~£I ~ ~' ~~~ ~'~ 3u i °~ ~ ~~ ~I~o~~ro~eic~g vic~iaess t9.s. co~ya~ighz 6Gws ar:d wrii0 s~a~als~t iSae viaiaa~+r io 8evai p~€-:asaa~+Qioa~. i=~~i l~~~ri S~.~ ~-~-J ~L=~~~~ ~~ ~~r~3~i~~u~9~;~~s~ 9~~~] The Owner shall compensate the Construction ~~llanag,e_r as folloc~s: 13.1 AIv INITIAL PAYNIE~i'F Of j~~l ~~ g ~ Dollars (ls ~ shall be made upon execution of this Agreemer,i and credited to the Owner's account at final payment. 93.2 S~S~C CD6~'1'~E~3SA`3'1~~~1 13.2.1 FOR BASIC SERVICES, as described in Article _', and any other services included in _n_rticle 1 < as ~~ar~ of Basic Services, Basic Compensation shall be computed as follovys: 1_@~as~ ~,~~~ Ci= $28~,~~a t;~ -~,=~/fl j~UI~D,~~ED El(~~-~.,, ~1~ T~~ fl~S~~D For Pre-Construction Phase Services: ~'~~~ ~='~°-l~~D~ED 5~~°~~~D U~~1~~T6~-~S C)C?'~9~~5 (hzrert Fic~ris o/' compensation, including stilt=Toted sztrns. nzrd<`iples or percertiages.l $s~,~2o.ao Ti-ARTY l~~r~E Tl-1fl1JS:~1~D 1~al~l~ ~1~l~D~E~ T V11E~TY ta~~D o®ilooTlas Do~u~las $9,980.f.90 F~ER I~flTH For Construction Phase Services: (insert basis vjcompensation, indudirtg stipulated sums, multiples nr percentages.} $222,720.00 TV4/O F9UPI®l~El3 TVtlV~i~T~ l'OVO Tl-IOUSA~II:~ S~VEi~3 P~U~3D~ED TViIENTY AF~D 00/100i'P1S C30L1~f;S $20,247.21 F'EFi iV10PlTN CLOSE-OUT PHASE $24,320.00 T114dcP~9Z'Y FOU1? ~'FiC91JSA9*li?J T 9-IFiE~ F34l9l4DE2E® Tt/VEl`1TY ,"-,~lbJ 00/100Tk3S 130L1~~ a $12,1so.0o PEIa ~a~1T~ 13.3 Q;flP~droE~9SAT9®~9 ~O~ ADDB`P90u~A6~ SE~bV~~ES 13.3.1 FOR ADDITIONAL SERVICES OF THE CONSTRUCTION MANAGER, as described in Article 3, and any other services included in Article 14 as Additional Services, compensation shall be computed as follows: (htsert basis of cvmpensatiwt, including rates and/or multiples oJDirect Personnel E_rpenseJ"or Principals and employees. and identilj~ Prntcipals and ciasst)j~ entplt~}~ees. i( required. IdentiJj~ specific serrices rv which partia:lar methods of compensation apply, if necessary.) C®~lSTI~l~CT3t~~3 ~,~18s-e~C~ER ' ~~'~J~.~~ ~Efi ~1fll~R ~SS6STA~IT $~~.00 F'El-'. F-BCDUf? 13.4 f~El61~~~JRSA~LE EXPENSES 13.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 12.2, and any other items included in Article 14 as Reim- bursable Expenses, a multiple of ®NE ( 1,0 }times the expenses incurred by the Construction Manager and the Construction Manager's employees and consultants in the interest of the Project. GERIERAL CC3C~DiTI®NS EXH6BIT A 13.5 AD~DI~'Q®N,"~E PRO!l6S~®NS 13.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within ( ) months of the date hereof, through no fault of the Construction Manager, extension of the Construction Manager's services beyond that time shall be compensated as provided in Subparagraphs 12.3.3 and 13.3.1. 13.5.2 Payments are due and payable TIIVEI~i'Y ( 20 )days from the date of the Construction Manager's tnvoice. Amounts unpaid T Fif4TY ~ 3~ ) days.after the invoice date shall bear interest at the rate entered below, or in the absence thereof at t~~~ ~ rate arevaiilr?g from time to time at the principal place of business of the Construc- tion Manager. (Insert rate of interest agreed upon.) LE?Cjc'33 iI~$~ {3~ #@'i$~6e~-,~, ~g S~a~ ~~ 11F~9i23'3~S{3~3 S~e`31U%vS (Usurp faws and raquirenzents ztnder the Federnl Tntth in Lending pct, similar state and local consuzner credit lairs and other regztfations at the Owner's cntd Construction Rtarzager's principal places of htuirzess, the Location of the Project and elsewhere may affect the ralidity of thfs prortstat. Specific legal adt~:ce should he obtained with respect to deletions or modifications, arzd also regarding r-equirernerzts such as u~rltten disclvszrres or u airers.) 13,5,3 1'he rates and mul%ipt_es set forth for Additional Services shall be annually adjusted in accordance wit}I normal salary review practices of the Construction Manager. A9;~ 6~~C~d12(eb`3'~ ~~©'3/~V~3~ o OWATER-COi`1STR.UCTION MAI~LSGER AGREEMENT = 1992 EDITION = AIA° ~ X1992 =THE Aist[EP.ICAN INSTITUTE OF ARCHITECTS, 1735 NEtiJ YORK AtIENUE, N.W , WASHINGTON, D.G. 20006-5292 ° &11a3~G93a~3~c 6~uz9ocezas2t3 ~Srao:,~~,~~g@n~ ,f.: ~ ,_~s @3.~ ~~,,lj, 3~ @~t 8~~rf~ ac^,d ,v,~@ s ~I~j~Es J@~_ ~rI^~,a ~s tb 8c-v~@ ;~?~s~~~e~~. ~ ~' ~ ~~ C ~)~ ~ `'I ~J`~1~ `~'' IJ 1 ~ ~ =1, (~'~IJ`~CJ~ n IG~U°~~ J ~ ~~n't~/J~rfv~~j (Irzsert desn~iptions o/ other- seri~ices, identifi' Additional Serrices included acithin Basic Co~~ape~asation a~~d modifications to the parnzent and coni~ie~¢satiorr terms irzduded in this agreement.) theL ~ ~P'1~i 6'%~ offs 0(I`~~G9 u'=1 u~zd The insurance required by Article ll small be written for not less than the following limits, or greater if required by law: (Insert tfie speafic dollar arraoa~nts for the ap~rtj~riate insZrrance limits of liability.) Thy Cc~~tr~acti®~ i~a~agar'~ ~n~r~prah~r~~i~~ G~~~ral and ~~tccbi6~ ~iabi9ity ir~~~ra~ca, ~~ r~g~ird by ~bparagraph~ 11.1 and 11.1.2 ~hal9 ba ~rritt~ far pct ia~~ than iirr~it~ ®~ iiabifty as fi~i6~~s~: ~. Ccr~pr~h~ra~iv~ a~~rai ~i~biiity 1. P~r~cr~ai ir~~ury Prcp~rty ®ar~aga $1,000,000. Each ®ccurr~~ca X1,000,000. Aggregate (C®rr~pl~te ®p~rati®ns} X2,000,000. Each ~3ccurrar~c~ $2,000,000. Agragat~ This Agreement entered into as of the day and year first written above. CONSTRUCTION MANAGER ~-~ f _T~ ~ ` (Slg~zatzn-e) (Printed name and title) ~0~ ©4~~DfiiP~6l9 N ~m©`~/06~~ ° O~/NER-CONSTRUCTION MANAGER AGREEMENT o 1992 EDITION ~ AIA° ~ G1992 a THE AIvIERICADi INSTITUTE Or ARCHITECTS, 1T> NEW YORK AVENUE, ivLW , WASHINGTON, D C. 2000b-5292 ~ IIEA~ aG\rdG`11~: t~~G3are'~~~2 ~G~ :.~ J : Ga1~:~ ~ ~ ~.~~;,;I~~[a~r 9~au ~ a~ .n.'GG ~r~Gg_~,u ~C~~,t[~7~~cI~ d~ C~.~~, ~?~s~r~.tEIG~. (Printed z ze and title) _ __ _ . ~6 "'~99 Ths~~e ~~~ ~~~ I~~~s ~.g~d~~ G~~~~~I C~~dl~l~~~ 13.4.1. P~I~~ ~~III 5~ do ~e~~°I~~~d ~%~~~ C~~10~~. IT NO ESC IPTI~N F ~ ~~ ~ 1070 StJR~/E~6JR 1410 TESTING LAI3C? Tt~R~° 1500 OFFICE E~PEN®AI3LES 1505 PRINTING 1512 TEMPO RY P01n/ER 1514 TEMPO RY HEAT 1515 TEtVIPO RY TELEPHONE 1516 TE PO R`( WATER 1517 TEIUIPORAR°( TOILET 1520 POSTAGE AND ®ELIVERY 1521 PROGRESS PHOTOS 1530 SARRICA®ES/PROTECTION 1540 FENCE 1560 SNOi/V REOi/AL - SY OV\/NER 1530 PROJECT SIGN 1600 EC~IJIPfl~ENT COST 1710 CLEAN 4JP J013 1720 FINAL CLEAN lBP 1730 CIJMPSTERS ~:~~"@il~it "9~ 2.2.6 first seratersae f read: As the ,~rahitect progresses ~esith the prepereti®~ of the Scher~efic, ®esigrZ l~e~elopra~er@t ~r~d Corastr~actiori ®ocura~ents, the Cor~sfr~otio~ e~eger, iri coll~bor~tior~ ~ifh fete ~ro~~~eo~, s~e~I prepare area ~paete, et eppropr~a~e srr~erve~s egreeca tea say the ®~,+ner, Cor~structi®~ l~eraeger end Architect, estirr4etes of Co¢~struotion Cast of iracre~sia detail er~d reair~err~er~t. -.~?~j, 26. 2QG~_ 1.~~FM .a 2 A~Q~~ ~~f~TIFICAT~ G1F LIABIL 'RUDUCER (952831-1928 FAX (952)831-0572 AdvanC~ Ynsurance Agency, Znc. 5241 Vikipg Drive Ste 200 Edina, MN 5S43S INSURED 404A ST CROIX TRAIL NOkTN LAKELAND, MN 55043 110. ^-,(~4h F ITY Ilt[~S lJ R,AN ~E CtATE (GMIDl7/YYYYI 09/26/2008 THIS CERTIFICATE IS ISSUEl3 AS A MATTER OF INFURMATIbN t?NLY AND CONFERS NQ RIGHTS UPQN THE CERTIFICATE HQ!_DER. TH[S CERTIFICATE DOES NOT AMEND, EXTEND OR ALTE12 THE COVERAGtr AFt=ORDED BY THE Ppi.1CIES 6ELbW. INSURERS AFFORDING COVERAGE NAIC ~ INSURERA: Hartford Casualty Ynsuranee Co 29424 INSURER B: rNSURERc INSURER O: INSURER E; L:hLRLsECi THE Ppt,iClt=S OF IN51J(2ANCE LISTED BELaW HA1lE BEEN ISSUED Td THE INSURED NAMEb ABOVE FOR TF4E POIfCY PI:EtIOd 1NDIGATED NOTWITHSTA(VDIN(a ANY REQUIRF_MENT, TERM OR CONCIITIUN OF ANY COMRAC7 OR OTHER t30GUMEMT WITH RESPECT TO WHICH THIS CERTIFICATE MA . Y BE I SSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUGIE9 DESCR~Eb HEREIN FS SUBJf=CT TO All THE TERMS EXCLUSK~iS AiVD CONDIT IONS OF SUCH POLICIES. AGGREGATE LIMYTS MOWN MAY HAVE BEEN REDUCED 13Y PAID CLAIMS, , INSR DD' TYPE Gtr INgURANG£ POLICY NUMBER POLICY EFFI<CTI E POLICY EJ~IRATION LIMITS OEt1ERAL Lu9ILTIY 415BAQ''I7567 02/04/200$ 02/04/2009 EACH oGCURRENCE $ 1 OOD 00 )( CUMMER/:Uit GENEWit.ItABIL1YY OALW6ET0 RE=NT7=D _ - - $ ~-- y ~ 300 00 CLAIMS MAOE D OCCUR ~_ MEO EXP (M , y one persnnj S 10 , Ql)Q ~ PERSONAL & ADV INJURY S 1 ~ ()~() ~ p00 GENERAL AGGREGATE S 2 , 000 , 00 QEN'LAGGREGATELU-LITAPPIiESP~t: X PORGY ECT PRQDUCfS-COMPrOPAGG S 2 ~~()r00© LflC J AUTptt991LE LIABILITY ANY AUTO COMBINED SINGLE I.IMCf (ESagtldenQ S ALt 4WNEDRUTQs SCHEDULED AUTOS BQOtLY IN,RIRY (Par person) S MIRED AUTOS rtDN{tWNED AUTOS BODILY W,gJRY (Par accitleni) $ PROPERTY DpMAt,E s (Pet au3denU GArtgOEL1ABILLTY AUTOONLY.EAACCLDENY S ANY AUTO OTHER7HAN ~'~ $ auTOONLY: AGG S EXCESSNRABRELLA LIAEILlTY X o r EACH OCCURRENCE 5 2 O00 ~ 000 c ,UR ~ctAIMS6IADE 41SBAGM7567 OZ/04/2008 02/04/2009 AGGREGATE s 2 000 000 A , s DEDUCTIBLE S REYENTIDN $ S WORKERS COMPENSATION AND VdC 3TAT1!• OTH- EMPLOYERS' LIABILITY 'i~RY L ~_ -- ANYPROPRIEI'OAfiARTNERrEXECUTIVE OFfICERrMEME ER EXCLUDED? E.L_EACNACCIDENT - S -°---°- p yes, OesaSbe under E.L. D13EARE • EJ4 FatPLOYE 5 SPECULt PRO4lIS~N3 Dekm E.L. D~EASE - POLICY LILi1T S OTHER UESCRIPnDN OF QPERAnONS r LOCATIONS r VEHICLES r EkcLU3tpNS AOf~O gY ENDQRSEM1LENTI SPECIAL PROV ISIONS CERTIFICATE Nril nGla ~ ....~__ _ _ __ _ .. it SHOULD ANY OF THQ ABOVE DESCRIBED pQUCIEB BE CANCELLED BEFORH THE E><pIRATION DATE THEREQp, THE fSSL11NG INSURER WILL ENDEAVOR TD MrUL, Ctity of CdluRt6ia Heigh#5 ~0 PAYSL+~RITYENNOTfCETOTHECERTtFICATEHOLDERNAMEO'tpTHELEpY, At tti : Patty BUT FAILURE TO MAIL SUCH NOTICE SMALL IMPQSE NO OBLIGATtOtp qR LIABR.ITY 590 40th Av@ NE DF ANY KIND UPON 7NE INSURER, ITS AGENTS OR REPRE9EMTATIYES, Columbia Hei~htS, MN 55421 AUTIlORYCEDREpRESENYATIYE Larson, 7a' ACQRD 25 (2001108) FAX: (763) 706-3601 4ACORD COHppRATItSN 1988 :.C~~. 25. 2UUu- 1 JJ~IV ND. Jr~U~-r. IMRt~RTANT if the cert(ftcate holder Is an At3D1714NA! INSURED, the palicy(ies) must be endorsed. A statement an this certificate doss not confer rtghts to the certl@eate holder In lieu of such endorsement{~), If SUBROGATIOP4 IS WAtVEO, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to fhe certttieate balder In Ifeu of such endorsement(s). t]ISCLAIMEFt The Certlttcate of Insurance on the reverse side of this form does not constitute a contract between the issuing Insurer(s), eukharized representative or producer, and the ceril8cate holder, nor does It affirmatively or negattvety amend, extend or oiler the coverage afforded by the pollctes listed thereon. AGORA 25 (20t)110t3) SF G. 26. 2~a~~8 1,5~PM N~~. ~64~ F. 3 Additional Coverages and Factors 12/05/2007 Line of Business Coverages fur General Liability Coverage Limits bed/Oed type Rate Premium Factor Each Occurrence 1,000,000 General Aggregate 2,Og0,O0O Products/Completed Ops z,OO0,O0O Aggregate Personal & Advertising 1,000,000 Injury Medical Expense 10,000 Hire Oamaga 300,000 HIREp AUTO ].,000,000 Hon-awned 1,000,000 Territory