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2004-07-07SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT 1/2% SALES TAX REPORT 2003-04 Collected Budget Balance Budget to Date Balance Percent $ 2,166,155 $ 1,516,527 649,628 29.99% MONTH Fiscal Year 2001-02 Actual Percent Increase/ (Decrease) Fiscal Year 2002-03 Actual Percent Increase/ (Decrease) Fiscal Year 2003-04 Actual Percent Increase/ (Decrease) October $192,022 21.62% $180,396 -6.05% $201,663 11.79% November 190,845 17.53% 185,174 -2.97% 211,639 14.29% December 281,020 18.23% 283,333 0.82% 282,041 -0.46% January 159,364 1.09% 176,353 10.66% 205,901 16.76% February 158,580 7.49% 156,983 -1.01% 160,759 2.41% March 210,042 1.51% 219,395 4.45% 235,696 7.43% April 201,261 8.46% 204,622 1.67% 218,828 6.94% May 196,725 -7.95% 221,992 12.84% - -100.00% June 224,631 0.51% 231,224 2.94% - -100.00% July 190,257 0.06% 205,270 7.89% - -100.00% August 181,522 0.75% 195,235 7.55% - -100.00% September 216,716 8.78%1 226,477 4.50% - -100.00% 1 $2,486,454 $1,516,527 TOTAL _ _ $2,402,985 _ _ Three Year Revenue Comparison by Month $300,000 $250,000 j $200,000 $150,000 $100,000 $50,000 $0L-1 Li oK o°` o°` o°` o°` o° o°` o°` C ■ Fiscal Year 2001-02 Actual ❑ Fiscal Year 2002-03 Actual ❑ Fiscal Year 2003-04 Actual Budget Actual Estimated (budget -est.) % 2002-03 2003-04 2003-04 2003-04 Difference Change October $ 180,396 $ 184,004 $ 201,663 $ 201,663 $ November 185,174 170,360 211,639 211,639 December 283,333 240,833 282,041 282,041 January 176,353 156,954 205,901 205,901 February 156,983 139,715 160,759 160,759 March 219,395 195,262 235,696 235,696 April 204,622 182,114 218,828 218,828 May 221,992 197,573 - 197,573 June 231,224 205,789 - 205,789 July 205,270 182,690 - 182,690 August 195,235 173,759 - 173,759 September 226,477 137,102 - 137,102 _ TOTAL $ 2,486,454 $ 2,166,155 $ 1,516,527 $ 2,413,441 $ -2.94% 17,659 9.20% 41,279 21.63% 41,208 14.66% 48,947 30.71% 21,044 13.27% 40,434 19.25% 36,714 18.24% - 0.00% - 0.00% - 0.00% - 0.00% - 0.00% 247,286 airy of ;nooutmaxe, i exas MEMORANDUM June 30, 2004 TO: Southlake Crime Control and Prevention District Board FROM: Rick Black, Director of Public Safety SUBJECT: First Reading of Crime Control FY 2004-05 Operating Budget and Multiyear CIP Budget Action Requested: First of two readings of the proposed FY 2004-05 Operating Budget and Multiyear CIP Budget Background Information: Your packet contains the proposed operating budget and multiyear CIP. The proposed operating budget simply provides for the continuation of the SRO funding, lease payment for the police 800mhz-radio system, continued funding for the DPS Explorer program, continued replacement of patrol vehicle video camera's, continued funding of tasers, and the annual debt service payment (final payment for the radio infrastructure). New requests for FY 2004-05 include the following: $ 600 Citizen on Patrol (COP) Program $ 3,200 Pepper Spray Program $70,000 Fiber Optic Cable to West DPS (This item was originally approved in the construction cost of the West Facility. The selected company, Pinnacle Integrated Technologies, abandoned the job prior to completion, improperly attached the cable to Charter Cable facilities and improperly bored underneath FM1709. Only a small down payment was made and several suppliers paid. The City filed suit and won a judgment but will not recover any damages. This funding allows the issues with the fiber optic cable to be resolved.) $70,000 iSeries 400 Mini -Computer (The current AS400 is five years old and approaching the end of its lifespan. This mini -computer processes all emergency dispatch and records functions. The drives are near maximum capacity and will soon run out of storage space for Public Safety records. ) The multiyear CIP budget provides for completing the funding of design in fiscal year 2004-05 and construction of the North facility in fiscal year 2005- 06 and 2006-07. Note that we have shifted the sale of the excess land on the north site to fiscal year 2006-07. The decision to move the sale of the property to this fiscal year was made to allow sufficient time for the Board and staff to determine the future plans for this site. Southlake Crime Control and Prevention District Board Rick Black, Director of Public Safety June 30, 2004 Page 2 Financial Considerations: The proposed operating budget includes projected sales tax, grant and interest income of $2,646,048, $613,420 for four School Resource Officers, other related equipment and capital items, and $419,150 for debt service payments. Citizen Input/ Board Review: Final reading and public hearing is scheduled for August 4, 2003 Legal Review: None required Alternatives: N/A Supporting Documents: FY 2004-05 Operating Budget and Multiyear CIP �_ALY vi 3uuLivaxc 11MUUgeL Page 1 of 2 City of Southlake FY 2004-2005 331-999 TOTAL LINE ITEM BUDGET FUND DEPARTMENT DIVISION 339 CRIME CONTROL 5102.00 OVERTIME $6,205 OPERATING FUND FINANCE NON -DEPARTMENTAL $0 Actual Budget Estimated Base CMO Supplemental Proposed Account Number / Title 2002- 2003- 2003- 2004- Adjustments 2004-2005 2004- $0 2003 2004 2004 2005 $17,600 $17,600 2005 5101.00 REGULAR EARNINGS $227,288 $219,072 $219,072 $228,022 $0 $0 $228,022 5102.00 OVERTIME $6,205 $8,400 $8,400 $8,400 $0 $0 $8,400 5103.00 INCENTIVE PAY $0 $9,240 $4,620 $4,800 $0 $0 $4,800 5104.00 LONGEVITY PAY $1,540 $1,500 $1,500 $1,884 $0 $0 $1,884 5111.00 HEALTH/DENTAL/LIFE $16,388 $17,600 $17,600 $20,300 $0 $0 $20,300 5112.00 WORKERS $5,727 $10,634 $10,634 $6,947 $0 $0 $6,947 COMPENSATION 5114.00 FICAII-MEDICARE $3,439 $3,271 $3,271 $3,403 $0 $0 $3,403 5120.01 RETIREMENT 11 $21,622 $63,733 $40,858 $43,856 $0 $0 $43,856 5120.02 RETIREMENT 1 $14,728 $2,741 $2,741 $1,797 $0 $0 $1,797 Subtotal of PERSONNEL SERVICES $296,937 $336,191 $308,696 $319,409 $0 $0 $319,409 5230.00 PROFESSIONAL $641 $5,000 $5,000 $0 $0 $0 $0 SERVICES 5240.00 OTHER SERVICES $0 $0 $0 $0 $0 $0 $0 5248.00 COMMUNITY $1,210 $2,000 $2,000 $7,000 $0 $0 $7,000 SERVICES 5260.00 ENGINEERING $0 $0 $0 $0 $0 $0 $0 SERVICES Subtotal of CONTRACTUAL SERVICES $1,851 $7,000 $7,000 $7,000 $0 $0 $7,000 5353.00 LEASE-MISC $127,811 $127,811 $127,811 $127,811 $0 $0 $127,811 EQUIPMENT Subtotal of LEASE OBLIGATIONS $127,811 $127,811 $127,811 $127,811 $0 $0 $127,811 5411.00 SUPPLIES -OFFICE $0 $0 $0 $0 $0 $0 $0 Subtotal of SUPPLIES $0 $0 $0 $0 $0 5542.00 TRANSFER $0 $0 $0 $0 $0 INTERFUND 5545.00 TRANSFER -SUPPORT $1,526,370 $1,574,248 $1,578,928 $419,150 $0 http://www.mclaindss.com/Southlake/overview-redirect.asp $0 $0 $0 $0 $0 $419,150 7/2/2004 w.Ly vi OvUL111QhG m"UUgC;L Yage 2 Ot 2 r City of Southlake FY 2004-2005 331-999 TOTAL LINE ITEM BUDGET FUND DEPARTMENT DIVISION 331 CRIME CONTROL 5575.00 MISCELLANEOUS $16,128 OPERATING FUND FINANCE NON -DEPARTMENTAL Account Number / Title Actual 2002- Budget 2003- Estimated 2003- Base 2004- CMO Supplemental Proposed 2004- 2003 2004 2004 2005 Adjustments 2004-2005 2005 SERVICES 5575.00 MISCELLANEOUS $16,128 $1,400 $1,400 $3,200 $0 $0 $3,200 EQUIPMENT Subtotal of OTHER EXPENDITURES $1,542,498 $1,575,648 $1,580,328 $422,350 $0 $0 $422,350 5821.00 UNIFORM -PURCHASE $435 $0 $0 $0 $0 $0 $0 5823.00 UNIFORM- $3,343 $0 $0 $0 $0 $0 $0 ALLOWANCE Subtotal of PROFESSIONAL BENEFITS $3,778 $0 $0 $0 $0 $0 $0 5910.00 COMMUNICATIONS $0 $0 $0 $140,000 $0 $0 $140,000 EQUIPMENT 5920.00 FIELD EQUIPMENT $0 $40,650 $40,650 $16,000 $0 $0 $16,000 5930.00 VEHICLES $29,584 $0 $0 $0 $0 $0 $0 5970.00 BUILDING $0 $0 $0 $0 $0 $0 $0 IMPROVEMENTS 5979.00 LAND $0 $0 $0 $0 $0 $0 $0 Subtotal of CAPITAL OUTLAY $29,584 $40,650 $40,650 $156,000 $0 $0 $156,000 Totals for NOW $2,002,459 $2,087,300 $2,064,485 $1,032,570 $0 $0 $1,032,570 DEPARTMENTAL 331-999 h4://www.mclaindss.com/Southlake/overview—redirect.asp 7/2/2004 FY1997-98 Approved Budget FY1998-99 FY1999-00 FY2000-01 FY2001-02 FY2002-03 FY2003-04 FY2004-05 FY2005-06 FY2006-07 FY2007-08 TOTAL REVENUES/OTHER SOURCES Fund Balance $ $ 1,999,503 $ 848,479 $ 3,384,556 $ 161,178 $ 66,262 $ 563,592 $ 278,592 $ 6,932,592 $ 5,501,592 $ 3,701,592 Bond Proceeds $ $ 4,196,999 $ 2,600,000 $ - $ 1,007,720 $ - $ 8,000,000 $ 7,000,000 $ 3,750,000 $ - $ 26,554,719 Sales Tax -Operating Transfer $ $ - $ 150,000 $ - $ - $ - $ - $ - $ - $ - $ $ 150,000 Interest Income $ 66,781 $ 128,577 $ 231,622 $ 10,281 $ 7,687 $ 15,000 $ 459,948 Land Sales (west site/north site) $ $ - $ - $ - $ 396,600 $ - $ - $ - $ 950,000 $ $ 1,346,600 Total Revenue (excluding fund balance carried forwa $ $ 4,263,780 $ 2,878,577 $ 231,622 $ 10,281 $ 1,412,007 $ 15,000 $ 8,000,000 $ 7,000,000 $ 4,700,000 $ $ 28,511,267 REVENUES and FUND BALANCE in excess of/ $ (1,999,503) $ 848,479 $ 3,384,556 $ 161,178 $ 66,262 $ 563,592 $ 278,592 $ 6,932,592 $ 5,501,592 $ 3,701,592 $ 421,592 $ 1,336,269 (Less than) EXPENDITURES EXPENDITURES Land Acquisition WestSRe $ 1,999,503 $ 1,999,503 East Site $ $ $ - $ 1,046,000 $ 1,046,000 North Site $ 1,415,798 $ 1,415,798 Construction Cost $ Architectural fees $ $ $ 342,500 $ - $ - $ $ 300,000 $ 300,000 $ $ $ $ 942,500 Construction cost $ $ $ - $ 3,400,000 $ 105,197 $ $ - $ - $ $ $ $ 3,505,197 Additional FF&E $ - $ 55,000 $ - $ 55,000 Construction cost - North Site $ $ 8,431,000 $ 6,000,000 $ 14,431,000 Construction cost - East Site $ - $ 500,000 $ 3,280,000 $ 3,780,000 Radio Infrastructure $ 914,677 $ Initial Buy In Total Expenditures $ 1,999,503 $ 1,415,798 $ 342,500 $ 3,455,000 1 $ 105,197 1 $ 914,677 $ 300,000 $ 1,346,000 $ 8,431,000 $ 6,500,000 1 $ 3,280,000 $ 27,174,998 laity or Soutniaxe, i exas MEMORANDUM June 30, 2004 TO: Southlake Crime Control and Prevention District Board of Directors FROM: Rick Black, Director of Public Safety SUBJECT: Approve Funding for Lee Lewis Construction, Inc. as Construction Manager Agent of the North DPS Facility. Action Requested: Approve funding negotiated by Lee Lewis Construction, Inc., and Staff, for Construction Manager Agent services of the North DPS Facility. Background Information: In April of this year, the Board selected RPGA Design Group, Inc. as architect for the North DPS facility. RPGA produced, and the city released, a Request for Qualification (RFQ) document for Construction Manager Agent in May, 2004. The selection committee convened on two different occasions, conducting interviews and reviewing the proposals of firms. On June 9, 2004, the CCPD Board accepted the recommendation of the selection committee to enter into negotiations and develop an agreement with Lee Lewis Construction, Inc., for the North DPS Facility. Staff, City Attorneys, RPGA, and Lee Lewis Construction negotiated the following agreement and cost package. Financial Considerations: The total cost for Construction Manager services is $520,000.00. This is inclusive of their role in the Site Assessment Phase, Pre -Design Phase, Basic Design Phase, Construction Phase and Supplementary Services. Based upon an estimated $13,000,000 construction project, this amount equates to 4 % of the anticipated construction cost. There is an additional 4 % fee on any owner agreed increases above the anticipated cost. Industry standards for these services range between 3% and 6% of total construction costs. Financial Impact: The CCPD funds this service through its CIP. A total of $600,000 is scheduled for CM -Agent and this negotiated amount results in an $80,000 savings. Citizen Input/ Board Review: N/A Southlake Crime Control and Prevention District Board of Directors June 30, 2004 Page 2 Legal Review: The attached agreements have been reviewed and approved by Robert M. Allibon with TOASE. Alternatives: Alternatives that exist are; (1) Seek another Construction Manager Agent, or (2) Renegotiate attached agreement. Supporting Documents: Standard Form of Agreement between Owner and Construction Manager Agent (Document B801) Staff Recommendation: Approve funding and recommend Mayor to enter into agreement with Lee Lewis Construction, Inc. for Construction Manager Agent services of the North DPS Facility. RB/rb P.O. Box 65197; Lubbock, Texas 79464 Phone No: (806) 797-8400 Facsimile No: (806) 797-8492 Accounting Facsimile No: (806) 797-1034 NAME- Pbfti2r QAZZA FAX 17 - P -ICV- MACKNO. » ... 2619) COMPANY.� FROM: L11- SUBJECT.• cc) Tata! No. of Pages (Including Cover Sheet) f Message: 1 *IF YOU DO NOT RECEIVE ALL THESE PAGES, PLEASE CALL (80M 797-84WAS SOON AS POSSIBLE AIA Document B 8 01""CMa - 1992 Standard F©rm of Agreement Between Owner and Construction Manager _ where the Construction Manager is NOT a Cozlstiuctor ADD=MW Win narrr;OW. The aurhoLfof lhie document has added info=atioa needed lor;ita cemplozion. The authorlviay alto.have revised the text of chc oris) ] f',iiA 6[uadairf=--M. An Additions and Dcleciom Report that noher ladl d informacion-gs Me1Las'~ r9[19rd;t to-chc 9;rangaro .for.L.tclt is avail: ble from _the a*thM and ahoUld he re33ewgd. " •..,I Thio docu *ny laa..imporiknt legal conuequenceo. consultation vtzh an attorney ia-,ensu ragc3 wkth 'reUFdE tQ its calmlCprba i o�I'modiLieatlen. ; This doC"t is intcndee t9 be used in conjunction .+ibh the 142 editions), of AIA Aocumeahs alai/cxa, Aloud A201/Ca. r =cTm r^ covrim of any Portion of thin Are Document to anorber e1ecrronic file is Prohibited and conatiyuyes a violation of copyright laws; as ret forth In Che footer of thle document. SM wa.a 3TA� rShwranai 6601�mfa - 1»3. CgM10ht a 3973. 1960 sed 1999 1y M' h'"r1o00 1—LLtut. e! Fxchstaata. P41 91dm66 taaatt•d. 1WOma: v.��. L Peeuatwd by V.D. ft"'I6ht Sar rd ;hve nariem1 U_t,_ Ve.atla _4 ynrodudLlm er dlahrlbM M e! thl. AYE 1•1b�t hha lo.�'Slrl��mearanhalf e•.ulh Y as»s• e1v11 alfd delalaal Ptmlhlu. sed v1t1 ba prgf tuSW La ! attaot ppOdlblt 1 w.i Le tee tae edaa]w �'tc'r" by RTA .e1— ar. n�rge; Oi w. 00/07/2004 umwi Cram .0.3000097497 1 whim salsa on 9/a/9009. Vans nota.: 1}Jil]613]0) AIA Document B801'r"CMa '- 1992 1992 Standard Form of Agreement: Between Owner and'_ Construction Manager where the Construction Manager is NOT a AGREEMENT made as of the IijiWa da _of_'h&in ffic, DY02 WOW- --- ------- ------- yS�LqLt Thousaind and ------------------- ------- FOUT Dehftd (In words, imlicare day, month and year) Abt)IT3MN9 AW 102r exiova BETWEEN the OwAer The author ,of thin document (Name and address) hair added i mfoxv=tion ]" )#�o" -needed for its completion_ The IROP�r *-y. 21ea hpye 'SC ilake.,., revised the text of the 00/ I Ilk' -AIA dF -W5- -r of g,.r= ff. cd An AddItions anid Soithlake ie -q -000z_ Report that add the Construction Manager: (Nwne find address) rey-iviano ro.-the at--Aard .i� Vzom '4' L "Z - _��e autAor aftd ahomilo te.. • - --------- .... . . LD��� -- --------- tt,7VJWbM- ........ .9 -7 7 I jjDallas Teres 753. 9' f. u� . This documeac b.. inp;i' legal consequences. Cmaultarion With an for the ifelkming Prqj=r. ­C-;izy'fb_-encourmqa5 with (Include derailed destription ofProjea location, address and scope) 'imspecr-w iLt, om-vletio� or modificirion. S 7 :T7A9 doe.M6 as intended VI I . .. : co� be A the umedIZ97 edirjin C0nUdeLiCCI Aj��42 ziies;at" viiones of ATA mo=rellre Bi41jcma, is� ' N i ew Way Facaurfortbe'Depertcycu --- ------- — --------- – --- – ----- --------- _* --------- – --- – ----- -- L AsseenanatVaftTionj The Architect is: pw6mmid (Name and address) Schounk Desigal Dehip DM1GpMgn4 7-7.7 Codstracdam DOMMMI "&g Said W%odafiow4 ------------------- --------- CoumnMiou Adushimudmi Delfted.• , Gmeml 7s" -,, = . ��,wi- - " 4,,' -_' - . ' t'­_'_I.;I . . '_ • . 61� .- . I .. I I .%. . ... I . - . Comm I9LVCnCHIC Copr-MG of any Vortion of tb" AIA Document to another electronie file is prohibited and Constitutes a violation of cMrigbr. laws as set forth in the footer of this dOCUMMUL. The Owner and Consmuction Manager agree as set forth below. 2973, 3990 a" 1992 by The Amricm za.tlhtv Of hnbjzwe4. All si0h9a LOS—" ICLIMM, 3ftceftti_.7. 2-14g. Saathewi..fi Ser.;ANC1W ft dL.-7 .1=94OTh" AZC "w.e —d 9-1-41HI2 -" -AI2 b. V­� - the A*zL— .P0461bl. 3. -00d th- Is Thif ftaft prft,,*d by AJA ..rt-- ez 09:46:02 Unded od.. No. 1900039457 I whish ..pirea On 2/m/2003, ..d ", not fog rale. frea* Ilea, ijimax2an) ARTICLE 1 CONSTRUCTION MANAGER'S RESPONSIBILITIES § 1.1 CONSTRUCTION MANAGER'S SERVICES $1.1.1 The Construction Manager's services consist Ofthoac services performed by the Constriction Manager, Construction Manager's employces and Constriction Manager's consultants as camncrated in Articles 2 and 3 of this Agreement and any other services included in Articic 14. § 1.1.2 The Conshnotion Manager's services shall be provided in conjunction with the servicci Af an Architect as are or mev described in the edition of AIA Document B 141/CMa, Standard Form of Agreement Hrtwccn Owner and Architect, Construction Manage Adviser Edition, current as of the date of this Agrccment; .a .odifiied by the paatids thQeto. i i § 1.1.3 The Construction Manager shall provide sufficient organization, personnel and manageni&i ofcarry olti The, -- requirements of this Agreement in an expeditious and economical mamler consistent with the interests ofthe flwncr- § 1.1.4 The services covered by thin Agreement are subject to the time limitations containcd-iq,'Section 13.5.1, ARTICLE 2 SCOPE OF CONSTRUCTION MANAGERS BASIC SERVICES § 2.1 nEFINMON - - § 2.1.1 The Construction Mapagces Basic Services consist of those described in Sections 212 and 2.3 and any(other services identified in Article 14 as pat of Basic Services. § 22 PRE -CONSTRUCTION PHASE i § 2.21 'Mc Construction Manager shall review the program furnished by the Owner to aactatain the regnircmrnts of the Project and shall arrive at a mutual undcrstanding of such requirements with dte Owner----- -- - --- •-• • • — § 2.2.7 The Consuaction Manager shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other. § 223 Based on early schematic designs and other design criteria prepared by tate Architect, theCaus[1ttCiinri ; Manager shall shall pr'cpare preliminary estimates of Construction Cost for program regniremealg'using at ea, voc or similar conceptual estimating techniques, The Construction Manager shall provide cost cvaluatioirs.okalternative ' materials and systema. § 22A The Construction Manger shall expeditiously review design documents during their development atindvise on proposed site use and improvements, selection of matcnals, boding systems and equipment, and methods of 1 Project delivery. The Construction Manager shall provide recommendatitms on relative feasibility of construction methods- availability of materials and labor, time requirements for procurement, installation and-constraction, and factors related to construction cast including. but not limited to, costs of allernutive dcsigns.or materials, p`reh'nzint.p budgets, and possible economics - r: § 2.2-5 The Construction Manager shall prepare and periodically update a Project 5chedoldfor;the Architices review Ind the Owner's acceptance. The Construction Manager sball obtain the Architect's approval for the portion ofthe preliminary project schedule relating to the perform,mce of the Architect's services. In the Project Schedule, the Construction Manager shall coordinate and integrate the Construction Manager's sm ices, ihe Arehiteefstseraieft -- ---; and the Owner's responsiWities with anticipated construction schedules, highlighting critical and long -lead-time hems. -- -- ----- - - § 226 As the Arohitect progr7asex with the preparation of the Schematic, Design Development a &Censtruc & Documents, the Construction Manager shall prepare and update, at appropriate intervals agrTdto b�yihe-0wner, Construction Manager and Architect, cstimatcs of COnstrvetiort Cost ofincressing detatl aarfrefinement. The estimated cost of each Contract shall be indicated with supporting detail. Such estimates sbirll be provided for the Architect's review and the Owner's approval. The Construction Manager shall advise the and Architect if it appears that the Construction Cost may exceed the latest approved Project budget and make recommendations for corrective action. I § 22.7 The Construction Manager shall consult with the Owncr and Architect regarding the Construction Documents and snake recommendations whenever design derails adversely affect oonstructability, cost or'schwdu-&c—* - • • ---- A D -w- Oe e003ba - 3999.teprei0ee a ;913. 1900 sea x906 by 3710 A --i— 3nA0etbte or Arc-Mbetse. 213 OrOhee trer.e0. Wilnm,v, 'i7—'f omo.eoc L,pzeeee by II.a. Ceprsipae lulu "a 3aeemee/aa1 er,eiee. mmna"tsee4 re9eed—Urn or sierelboti— e1 ease era' - mr vnrefen It IL - ea ee.eae in @W`er'e tir13 —0 evini"1 V -11:1u, "d rill 1,e vteeeeecad m Oho OMIZOa u, 3/0/3000. 3 _dm �eenc 9ea"iLl. "A� the - � 19 drare we F-WUCEd by ASA —b-9 at 09:4e:03 on 04/071200e undue araer rq,1000097anr 3 •hi01, adaman Intl Se not cot -I.._ view 0eew, (33313011x01 LEU vv pI vlV § 2.2,8 The Construction Manager shah provide recommendations and information to the Owner and Architect re wding the assignment of responsibilities for temporary project facilities and equipInent. materials and services for common use of the Conuacm. The Construction Manager shall verify that such rcquincmcnts and assignment of responsibilitics are included in the proposed Contract Documents. § 229 The Construction Munuger shall provide recommendations and infarmation to the Owner regarding the allocation of resptnmbilities for safety programs among the Contractors. § 2.2.10 The Connection Manager shall advise on the division of the Project into individual Contracts for various categories of Work, Including the method to be used for sel ccting Contractors and awarding Contracts, If multiple— Contracts are to be awarded, the Construction Manager shall review the Construction Documents and make recommendadoas-as required to provide that (1) the Work of the Contractors is eoordinateti, (2 aU uaamennfg f`o'r ' —'— the Project have been assigned to the appropriate Contract, (3) the likelihood of jurisdictional disputes has beer, minimized, and (4) proper COOnlination has been provided for phased construction. s § 21-11 The Construction Manager shall prepare a Project construction schedule providing for the components of the Work, including pleasing of conatruction, times of commencement and completion required of'each Connector. ordering and delivery of products requiring long lead time, and the occupancy roquiremeets 06 the Owner, The Construction Manager shall provide the currant Project construction schedule for each set of bidding documents. § 2212 The Construction Manascr shall' lou lead rimer and coordinate the ardcring and delivery of materials rCquiring g § 22-15 The Construction Manager shall assist the Owner in selecting, retaining and coordinadng-dmTrofess =I- _--- --' services of surveyors, special consultant; 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 ft the" • Project and review the availability of appropriate categories of labor required for critical phases. The _Constructiow ' Manager sball make recommendations fair actions designed to minimize adverse effects of 1.abArsliorlages. r- -X § 22.15 The Construction Manager shall assist the Owncr in obtaining information regarding applicahle t requirements for equal employment opporttmity programa for inclusion in the Contract Documents, § 2216 Following the Owner's approval of the variousphases of the Construction Documents, the ConsuQda ., Manager shall update and submit the laresr estimate of Construction Cost and the Project construction schedule for ' the Architect's review and the Ownea'n approval. § 2.2.17 The Construction Manager shall submit the list of prospcotive bidders for the Arrhire ct's •review aiid the ' Owner's approval,w]eich list may include Construction Manager as a tro.2nacThI0 Contractor_ ;' \ - --------------- -....... - § 22.18 The Construction Manager shall develop bidders' interest in the Project and establish liidding schidU1 . The Construction Manager, with the assistance ofthe Architect, shall issue bidding docummtgP biddersend conduct pre_bid conftxences with prospective bidders. The Construction Manager shall assist the Architect with regard to questions from bidders and with the issuance of addenda. I . ___ - _-- § 2249 The Construction Manager shall receive bids, prepare bid analyses and make recOmmendations to the Owner for the Owner's award of Contracts or rejection ofbids,-LWsrno circumstances shall the t:,onatnrction ! ace ls1�r ani bid submitteyl by a prosper 'dder without the AdOr approval of the Owner. Constructmhmanaeei ism. snccifically permitted to subunit a bid or hiriq for portions of the Work and, in such Constructiun Nanagr r_s tall be consider to be a Contractor and its bibe awarded or_lrave its bid rejected in the same manner s_3. other Contracture. § 2220 The Construction Manger shall assist the Owner in preparing Construction Contricts 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 p rm ha and special pernrits for ---- 1fanent improvements, except for permits required to be obtained dinxtly by rhe vurious&O­nft—cWr Construction Managcr shall verify that the Owner has paid applicable fen and assessments. The Construction azo ver "Q% 9001'o9. 1_ 1992_ COWAaht . 1972, x980 and 3.962 by •n,4 2meriean Inciter. 4r arrninerea, all t4ie ase a4e - SI'9r t—h" by a_A. C097rright taw =4 ma997aal0 fel TmatI.a. a..Ppw[LYad a reel. r..�i— nthl. a , ypr�4C. « gr46uetlm e: 0:9aelbutiv oT tat. ata• w as dor ne ea. ft s...2. LA ..ren oirl3. :9: cram l /97.1084., .nr .111 >» Prwwas4*d t4 ti. ---+—•- arcane ye..lnt. 47d0r th. 1.._ 'rule dra[c �„ pteOnr.K! by RU rOttrar. err n9.,6,03 011 a4/3.7/7074 vn,yr mace 7o.iaooa9�as, i rMCR *lupin. m 3./a/2ana, Ona t. 4ac for to941.. 09sr sato, t777i7n11}0) Munagcr shall assist the Owner and Architect m connection with the Owner's responsibility for filing documents required for the approvals of governmental authorities having jurisdiction over the Project § 2.3 CONSTRUCTION PHASE-ADMINISTRA71ON OF THE CONSTRUCTION CONTRACT § 2.3.1 The Construction Phase will commence with the award of the initial Construction Contract or purchase order and, together with the Construction Matlager's obligation to provide Basic Services undo this Agreement, will end 30 days atter final payment to all Contractors is dun r-1 § 2-3.2 The Consttuctim Manager shall provide administration of the Contracts for ConstryJction in cooperation with the Architect as set forth below and in the edition of AIA Pocument A201 /CMa, General Conditinns_o£thc Ca==L.. _- for Cons -traction, Construction Manager -Adviser Edition, ps modifir j the particLQ1Neto. _ t> . carmt as of the dans of ffit § 2.3.3 The Constriction Manager shall provide administrative, management and related services to coordinate scheduled activities and responsbiliHes of the Contractors with each other and with those of the Construction Manager, the Owner and the Architect town +�n0 manage rite Pioje�t m aCCo[dilncc wide the la[esl npEroved _. - [telethad: mamvor estimate of Construction Cos; the Project Schedule and the Contract Documents. Unless, such services tnovided by the Owner to the extent that the Conatrurtion Manaeer uses such sandces in the p,tforptm9ce of the Construetinn Mamag2f duties,'the Construction Ma er shall a the of the W r e cavi s may l�offered Owner and available at the site of the Work including, but not )im�te scrvrce [collection. Connecting I,ryedfill usage -fid container rentgj3 water and electrical s'ervicc provided that the rates to be charged for such services c)all he the standard rates in effect at the time of the camotrncemert of the Wank § 2.3.4 The Construction Manager shall schedule and conduct meetings to discuss such matters as procaituns; - -- progress and scheduling. The Construction Manager shall prepare and promptly distribute minutes to the Owner, Architect and Contractors. r § 2.3S Utilizing the Construction Schedules provided by the Contract=, the construction Manager sbalt-update the' Project construction schedule incorporating the activities of the Contractors an the Project, mcludrng activity' i sequences and durations, allocation of labor and materials, processing of Shop Drawings,)frt�duai<Data-and Samples, and delivery of products requiring long lead time and procurement 'file Project consbuctitn scl-ledukaball include the Ownces occupancy requirements showing portions of the Project having occupancy priortitp. The Construction Manager shall update and reissue the Proicct construction schedule as required to show currant conag nk!f an update indicates that the previously approved Project construction schedule nay 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 Cormetori,-the Construction Manager shun coordinate the sequence of Contraction and assignment of space in arras:where the ing Contractors are performWork / § 2.3.7 The Construction Manager shall endeavor to obtain satisfactory performance &oar each of the Ccmtsettirs. The Construction Manager shall recommend courses of action to the Owner when rcgnife&ents of a Contract are not being fulfilled. § Z.3.8 The Construction Manager shall monitor the approved estimate of Construction Cost The Construction _ Manager shall show actual costs for activities in progras and estimates 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 Prcjeckiind advise the Owacr •,. . and Arctritcct as to variances between actual and budgcetcd or estimated costs. § 2.3.10 The Construction Manager shall maintain accounting records on authorized Work perf/ormod under unit costs, additional Work performed on tbo basis of actual costs of labor and materials, and otber,'Work requiring accounting rccomds. § 2.3.11 The Construction Manager shall develop and implement procedures for the review; and processing of applications by Contractors for progress and final payments, -- -- — -- -' ass. D!!"-- ■6a1'6e.•- 1293. POayrdabt �.y.1978, 1900 and 17112 by The amoel— rnetitucd or Arrhl6mrt0- All 916ht. r -ea. waacuQ D—h L pm6eeet.d hr rft"4 D -a- bt f ..A Y16tmv.tle.1 T-W%Ael. O. -n rL.W teptad-him a e10tD1b.tie f rb19 4 Dace. OT nay 9vr%i...e Lt. sq -.,.at 1e 14-.r. ede1.1 A" erld..l pan.1r202. bed .= b. Dr...0.9ed ee tie micLs,q ante% W. L". ..Oct bb. 1... This draft ran produced by ATa .°Elsie at 00:et:02 m 04/07/2002 .name Order WO.1013011"4r.7 1 .,hleh aWLrm„ = 1/8I200b, ..a 14 not fav.... im. - Dtee h6t.., 133913e11la) § 13.11.1 Eased on the Construction Manager's observations and evaluations of each Coillnetors Application for Payment, the Construction Manager shall review and certify the amounts due the respective Contractors, § 2.3,11.2 The Construction Manager shall prepare a project Application for payment based on the Contractors' Certificates for Payment_ § 2-111.3 The Construction Mana6rar's catifxeation for payment shall constitutc a rcpresen6t` to the Owner, based On the Constructibn Manager's determinations at the site as provided in Section 2.3.13 andlon the data comprising the Corttnretors' Applications for Payment, that, to the best of the Construction Manager's tknovnledge, infamraation and belief, the Work has progressed to the paint indicated and the quality of the Work is acdardance wi&the____. Contract Documei<a. 'fire foregoing representations are subject to an evaluation oftho Work for conformance with the Ceutmet Doeinments upon Substantial Completion, to results of subsequent tests and inipecli�tnimSr •' ' '• deviations from the Contract Documents correctable prior to completion and to specific qualiffeations tmpressed by the Construction Manager. The issuance of a Certificate for payment shall further constituie a representation that the Contractor is entitled to payment in the amount certified, § 23,11.4_ The issuance of a Ccrtifiarte far payment shall not be a representation that the &nstniction Manager has exh (1) made austive or continuous on-site inapcetions to check the quality or quantity of & Work, (2) reviewed construction means, methods, techniques, sequences for the Conhactor s own Work, or procedures, (3) revieived capias ofTuVisitions received from Subcontractors and material suppliers and other data req u6sted by the Owner to substantiate the Contractors right to payment or (4) ascertained how or for what purpose tl'c dritractar bas Used monCy previously, paid on account of the Contract sntty_tarovideti. however, that nnthipg eoulamed in this _ subomagmph 2,3.111.4 shall noute, mitis tg�or diminish the,exnonat'bilities a the Construb "ort Marmg�r tgaa Qwner under this txmen —_-- •-.--... ebed: --------------- §23-12 The Constrocriom Manager shall review the safety programs developed by each of the Contractors for Purposes of coordinating the sa&ty programs with those of the other Contractors. 'ncc Construction Managees• responsibilities for coordination of safety programs shall not extend to direct control over or chargUf tie acts or - Omissions of the Contractors, subcontractors, agents or employees of the Contractors or Subcontractors, or -x0 other persons performing portions of the Work and not directly employed by the Construction M nagtr. ' § 23-13 The Construction Manager shall determine in general that the Work of cath Contructo`"riabeing p7rfaQncd in accordance with the requirements of the Contract Documents, endeavoring to guard the Owner aghast defects and deficiencies in the Work. As apprmrpriatc, the Construction Manabm7r 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 completed_ The Construction Manager, in consultation with the Architect, may reject Work which does not cgnfOriti fo•the requirements of the Contract Documents. § 2.3.14 The Construction Manager shall schedule and coordinate the sequence of consuuciioa'.'in accordance with the Contract Documents and the latest approved Project construction schedule. § 23.15 With respect to each Contractors own Work, the Construction Manager shall not iiavr,�control over or charge of umd shall not be responsible for construction means, methods, techniques, sequt- }ces•Or-prnaedtirev,'.or-for-- , safety precautions and programs in connection with the Work of each of The Contractors, since thy e mraese are solei the Coctor s reh�anaibility under the Contract for Constractioa�fne Consuuctioa Manager siiaD not have control ----------- _ _ __ over W charge OCacls or omissions of the Gorttmetor. Subcontractors, or their agents or cmployees, or any other - - persons performini portions of the Work not directly employed by the Construction Manager�7rovidea�owcvcr-.� Ihatn conlaih this sa oh 2.3.15 shall neeate mitigate or diminish the resgani3z3iliticsof�T�P _, Construction Manager to the Owner under this Au=_reement / ,�' u------------------- - --------- --------- == ...... l § 23,16 The Constrir ction Manager shall transmit to the Architect requests far in tcipreiations of' the meaning and intent of the Drawings and specifications, and assist in the resolution of questions that Mai arise § 2.3.17 The Construction Manager shall review requests for cbangen, assist in negotiating Conkracto,a proposals.. _ submit reiommcudations to the Architect and Owner, and, if they ate accepted, prepare Change Orders and Conumcrion Change Directives which incorporate the Arebitcars modifications to the Documcn st--'-- • -- - as 0"%"Ue 8e01 -C '- 7997, C.y)ripbc a 3,979, 1580 a.a 1997 h5 rba R...r10en inocitut..e RrQhIcWC9. All rtpc. reran.., taannty. m Aa Rxa e.c..s.c 18 gc.t.cc.a'ar 4.8, c.ar- P% Lar 6.4 X.—ar;anel ieaatias. eescchotli.d r.acaaaccsan or tits tslC.c7p. 04 tri. Rea n.cros.e. Of —T V=s ot it. o3, r..,,;e ie e...c. ci.7; and ori dl l ps.sicla.. me .111 eM yrooae.ed e. cue _,4_yoeeibl. "aloe aha 1st. T81d dcetc ..a y1gdUCtd by R7R .orCWaea .t 05:4r.02 on di/e7/_ora .Mar mhdee ae.inaa97451 1 M111Ci, angst tee on 7/a/coos, ■ad to roc ra ras.�e. ase tr.tasa t]]2vuuxnl delebad: The Couu=tion Maaagmr umi-not be respmulbte for A Contracmfs fmlure to carry out ate work in accordance with ate respective Contract Domwmmm C.UUa% vID § 2-3.18 The Construction Manager shall amist the Architect in the review, evaluation and documentation of ClaimR. $ 2.3.19 The Construction Manager Shan receive certificates of insurance from the Contractors and forward them to the Owner with a copy to the Architect. § 2.3,Zp In collaboration with the Architect, the construction Manager shall establish and implement procedures for expediting the pfobcasing and approval of Shop DraWinp, Product Mta, Samples and other sybmitrals. The Construction Manger shall review an Shop Otawings, Product Data, Samples and other submittals from the Contractors- The Construction Manager Shan coordinate submittals with information coutidned in related docunawks and transmit to the Architect those which have been approved by the Construction Manager. The.Constnrction-- 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 Constmetioa Manager shall record the prugrrss ofthc Project. The Construction Manager shall submit written progress reports to the Owner and Architect including information an each Contractor sad each Contractor's Work, as well as the entire Project, showing percentages of completion- The Construction Manager shall keep a daily log containing a record of westhcr, each Contractor's Work on the site. number of wdrkers, identification of equipment, Work accomplished, problems encountered, and other similar relevant dam' the Owner may re�gttire 1 1 $ 2.9.22 The Construction Manager shall maintain at the project site for the Owner one recdrd copy of all,Coritrscts, Drawings, Specification. 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 l)raw}nga, product Data . Samples and similar required submittals. The Construction Manager shall maintain rccordy, in duplicate, of principal building layout lines, elevations of the bottom of footings, floor levels and key site clevations••certified'bye surveyor or professional engineer- The Construction Manager shall make all such records available to the Aschi(ect and upon completion of the Project shall deliver them to the Owner, $ 2.3.23 The Construction Manager shall arrange for the delivery, storage, protection and security of OwA - ~ - purchased materials, systems trod equipment that are apart of the Project until such items are inc6rporatr 4n(6the ' Project. § 2.3.24 With the Architect and the Owner's maintcoance personnel, the Construction Managei3hall, obs`ei•ve-the ' Contractors' final testing and start-up of utilities, operation l systems and equipment. § 2.3.25 When the Constrction Manages considers each Contractors Work or a design M po32ion thereof substantially complete, the Construction Manager shall, jointly with the Contractor, prepare for the Architect a list of maotnpletc or unsatisfactory items and a schedule for their completion. The Construction MapaSt s5an-assist be Architect in conducting inspections to determine whether the Work or designated portion thereof�a substantiall compietn r § 2 3.28 The Conte catiOa Manager shall coordinate the correction and completion of the Work_ FolIowinj issuance of a Certificate of Subhfantial Completion ofthe Work or a designated portion thereof, the,Col6truction Manager shall evaluate the completion ofthe 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 fmdl -- inspections. + --- — § 2.3.27 "rhe Construction Manager shall secure and transmit to tho Architect warranties and similar submittals required by the Contract DOeuments for delivery to the Owner and deliver all keys, manuals, teener drawing`s &`rid maintenance stocks to the Owner. The Cangtruetion Manger shall forward to the Architect &,final PYojeh t— Application far Payment upon compliance with the requirements of the Contract Documents.' § 2.3.28 Duties, responsibilities and limitations of authority of the Construction Manager ad'setntforrh in the Contract Documents shall not be restricted, modiftod or extended without written consent of thrc 019nev Construction Manager, Architect and Contractors. Consent shall not be Unreasonably withheld S ®mz WOV • iso. C21701ha a lura, 17vo . 2991 by Y'ha wmd— I—IrOLe of Azehltaev. All si hGe caear.ad, wxtr,o, Lhie Afw� e t i.Pcaa 00ledY R.9• CepFrigh`'t4W and 2tit.,0,.tieee2 Y.eeGLes• V—th—ic.d r g e¢mect, O� eoY pE2tiee L iy WP 9ftOGlaa ere di.tritu.i ve shie AYw ®Ors see l.e. re,,.w er.tG Wer F result is . . oi.i; eon eslaSaei G.uul'U" and rill h. pse..cnt.e eh..u,lan vt.et s...> & ave in *+OG for t'ea. A.bduew by Aie soft -am at 07:40:03 m 04/D7/9004 W,dQ& onset n0. IOUDO97457_1 rhlth ecpicee on 2/8/9005, WOW tat.., (33713Bi21u) ARTICLE 3 ADDITIONAL SERVICES § 3.1 GENERAL § 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 14, and they shall beipaid for by the Owner as provided in this Agrcement, in addition to the compensation for Basic Services. The Optional Additional Services described under Section 3,3 shall only be provided if authorized or confirmed in writing by the Owner. if services described under Contingent Additional Services in Section 3.2 are "&c d due to circumstances beyond the Construction Managers control, the Construction Mi roger shall notify the Owner prior io commencing such services- If the Owner deems that such services descn-be4 tender Section 3.2 are not required, the Owner shall give prompt written notice to the Construction Manager. If the 06ner indicates in writing that all or, part of such Contingent Additional Services are not required, the Construction MauageishaIlJ=Y.e—_ no obligation to provide those services. § 3.2 CONTINGENT ADDITIONAL SERVICES j § 3 2J Providing services required because of sltbstnntial and significant changes in the Prdjdct including, but not limited to, changes in size, quality, complexity or the Owner's schedul not ch Chan ale taus or attrlhntnt,t� e„ tt,aQ.-N. ,. Q..e. - n—�_-�- - x x - .. - _ _ I § 3.22 providing consultation concerning replacement of Work damaged by fire or other causd during constriction, and furnishing services required in connection with the replacement of such Work t A1.4 Prov1,.......dinB.�et vieGc ma necessa the termin tion of the Architect or a Contractor. ; ----- —_____---_— Fanmstted:FontCobr;Auho �-•---------- -- -- — ------------ ------------ �--- ---------------------------• ------------- -- - �9ervlaamade fl -- ------ •------------ _ r °aes9 �y by t6e:Mwaauoa err deF9ah of § 3 z 4 Unless anributable to the Fault of the C tructirtn Maaaeer nrovidin ervices in evaiva ' an extensive 't'e arc 'deet err a Comr9ixor. by moor number of claims subfnitted by a Contractor or others in c ---- ' """.."" connection with the Work - Celaw: defem or deficimeie4 in ncc Worts Ufa Coottmor, or by Mum of § 3.2.5 Providing services in connection with a public heating, Ar legal_prncccding erdcept whe[e dn'e Construction perfiate�tt of edella the raw or Manager is party thereltr _ — ---------, Cembnoror nada a cmunct for Com4nicdon.1 § 3.3 OPTIONAL ADDITIONAL SERVICES pete0ed: r § 3.3.1 Providing smites relative to future faenlirieS, systems and equipm cut, p�R0eO1 § 3 3 2 Providing Services 20 inYesti Deleted: arbktad . procoedidtg gate existing conditions or fsctities or to provide measured drawings thereof, § 3.3.3 Providing services to verify the accuracy of drawings or other information furnished by the"Cn+net. § 3.3.4 Providing services required for or in connection with the Owner's selection, procurement or installation bf fianintre, firmishiags and related equipment, -------------•-- ...---------------------------------- : t'iovldng services fir ltsdttt § 3.3.6 Providing any other Services not otherwise included in thin Agreement ARTICLE 4 OWNER'S RESPONSIBILITIES - -- § 4.i The Owner shall provide fall information regarding requirements for the Ptoject incTuding a program which shall set firth the Owner's objectives, schedule, constraints and criteria, including space requircrneniS arid- relationships, flexibility, expandability, special equipment, systems, and site requirements. § U The Owner shallestablish andupdate an overall budget for we Prosect based on consullntnnn with the Construction Meaager and ArcNtcc% which ahall include the Construedpn Cost, the OwncYs open costs and reasonable contingencies related to all of ibese costs, i J i A43 -------------- § 4.4 The Owner shall designate u r eprdscntadve authorized to act on the Owners behalf wit z�cspeciCo tSe��; - -- The Owner, Or such authorized representative, Shall render decisions in a timely manner perlaating to documents •rA MA' D h9 pagoda � 1997. eearelgLe • 197-1, 2940 and 19sr b The Amaei xnpO ruro ei Axvhlumv), all rIaber redar,ad- Ha 770, rale ASA' aaraw+e !. v+9taece0 Dr a... o.pral9he �...ne x.%a Lienar rrelLSee. aaanemri.ed raQsm,dtidd oe diatrlbnrivn or Chir xxi ade®eras, 34 est pdeeiaa e4 ie. ear Recap ria •array ei.il .rad ar;axh92 paaaxtier, and .ill be prodeeat.d to •tie aa_a-.._ under tL. xr,., rhla draft �n Dmduead ay AIA cert_ 9L 09:4e:vx on 04/01/9004 wwar Order ero.xvoave7a57 Whlen ­pires pvddihla and Sd nae for vacate, exp Cee eh ./d/200C., of— rotor, JU3212RI1381 A Fal ttlatnd: Font Color, Auto Deleb!& lfreq� esledbythe Conanwdion M=aw. rite Owaex 9ha1I newish evi&MW f¢c fIDanew a77dngemems bdvpbmn made m fidFp the Owae1� obtigarione under Shia --- .....,,.11 -- ,moi wJ V1V/ V.LV submitted by the Construction Manager in order to avoid unreasonable delay in the orderly and sequenrial progress of the Construction Manag&s services. § 4.5 The Owner shall retain an architect whose services, duties and responsibilities am or may he getrtaxQy described nl the edition ofAIA Document B 141 5t@Aft Form of Algecment Between Owner and Arclllte_Ct,,. _.._7otbe crareat as of the da[e of this agreement as modified bti; the na�ti es Thereto to ineoromaee the es�ivices of the 06nstraction Marr►ggt. The Terms and Conditions of the Agreement Between t11c thvntr grid Arcbitcct shall itc Advim bn hvction NI -k r - furnished to the Constructive Mann fhc Cansuuctioa Manager shalt not be tan gamrespona l� fodactions takeu� ific --- ATehitect -----dd shltnothe modi5m =Pmt of the§ 4.6 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, teals for hazardous tonsmt Mstwgc:, which lhrfd�lIDtcdaodeblywitLLetd materials, and other laboratory and environmental tests, inspections and reports required by -'— Documents. I , 4.7 The Owner HhalIQLL& all Ie)�nrl. aRc9uTtgegd insurance counseling services as may bdnmessa_ry desirable to the Owner at arty time for The Project including auditing services the Owner =y require to verify The Contractors' Applications for Payment or to ascertain how or for what purposes the Conn btori have used-lbe money paid by or an behalf of the Owner. +, ' I § 4.8 The Owner shall furnish the Construction Manager with a sufficient quantity of Construction Documents. § 4 9 The services, information and reports required by Sections 4.5 through 4.8 shall be1 rained at the Owriefs .------ beteW. thrashed experIWIT--------------------------------- .,.-------------------------------------------------------- ..-- ----- --- ------�-�-_- _--- bet _ eted: cad dw Cwsbucton Mmisger 6halt be Ql�dad artery upon TLC aeQaaoY 64.10 Prompt wrjVxA notice: shall be given by the Owner to the Construction Manager and Architect if the Owncr :. and l be cd6fied tlteroett 1 becomes aware of any fault or defect in the Project or nonconformance wiTh The Contract Documents. § 4.11 The Owner reserves the right to perform construction and operations related to the Project witthe'4waer sr " own fomes, and To laward contracts in connection with the Project which are not part of the Consi taction Maoagces responsibilities under this Agreement '1119 Construction Manager sball notify the Owner ifit y such mdepeudent action will interfere with the Construction Manager's ability In perform the Construction Manag-cr'ssesponst'bilitiw under this Agreement. When perfomting construction or operations related to tike ProjecT, The l: wucr agrees-toibe subject to the same obligations and to have the same rights as the Contractors. § 4.121nformation or services under the Owner's control shall be furnished by the Owner with reasonable pmmptncss to avoid delay in the orderly progress of the Construction Manager's services and the progress of the Work ARTICLE 5 CONSTRUCTION COST § 5.1 DEFINITION § 11-1 The Construction Cost shall be the total cost or estimated 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 costa( current market rates of labor and material%fmrnishe'd by the. • Owner and and equipment designed, specified, selected or specially provided for by the ArrchiI6 plus a re onabJc _ allowance for the Contractors' overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time ofbidding and for changes in the Work during construction, Except as provided in Section 5.1.3, Construction Cost shall also include the compensation of the Construction Vfanager aad---.. Construction Manager's consultants, r J,j § 5.1,3 Construction Cost dors not include the compensation of the Architect and Architccfs consultants, costs of the land, rights-of-way, fmancing or other costs which are the responsibility of The Owner as provikcd in Article 4. If any portion of the Construction Manager's compensation is based upon a percentage of Construction Cost, then Construction Cost, for the purpose of determining such portion, shall not include the compensation of the Construction Manager or Construction Manager's consultants. -- . .., mG•:4d9 neoilO41- 1991. C"Ty A ht • 3913, ldno cad IM by The NUOL1tan InatSGar or Arcbltects. ill rAWt• r erved, MkMI'G, Iid. a Do•a r 19 07 t•Gtad by U.9. copyi]ho LA cad Int•ra•e3nGa1 r•MGId•. Veart6nrird rgromnaign Or dlderibntlaa •L +a tri vaaowmt, oc •nr postcon aC Le. mAr e•a•Sc as aarard oAril •nd esialaa3 aau3ci.., and 3171 L• yra••cntad en can n,:es,.,, dwtwt ,oa•iesa I-- *hie dmrc ver pmdueed by AIA oortuaet oc 09:4G:o3 on 04/07/7000 Undda Gd_ u0.1000081451_1 rhleh &unit•• _ I/a/2005, sod 10 doe Lar —1.. (32939n1,Og) L9Jvll/V10 § 52 RESPONSIBILITY FOR CONSTRUCTION COST § 521 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates Of Conamction Cost prepared by the Construction Manager represent the Construction Monager's best jndgme nt as a person or entity familiar widi the construction industry_ It is recognized, however, that neither the Construction Manager nor the Owner has control over the cost Of lubor, materials or equipment over Contmewrs' methods of dctermining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Constriction Manager Cannot imd does not warrant or represent that bids or negotiated prices will not vary from the project budget proposed, a stablishcd or approved by the Owner, or from any cost estimate or evaluation prepared by the Construction Manager. § 522 No Fixed limit of Construction Cost shall be established as a condition of this AgrcGmettt by the furnishing, proposal or establiahment of a project budget unless such fixed limit has been agreed upon in wiittng�gncd'by — the panics herelo, If such a fixed limit has been established, the Construction Manager shall be permitted to include comingencies for, design, bidding and price escalation, and shall consult with the Architmeeto determine what matmal% equipment, component systems and types of construction ane to be included in ih-antract Documents, to suggest reasonable adjustments in the scope of the Project, and to suggest inchzsion of alternate bids in the Construction Documents to adjust the Construction Cost to the fixed limit. Fixed limits, ifanya shall be increased in the amount of any increase in the Contract Stuns occurring after execution of the Contracq for'Construction_, § 52.3 If the Bidding or Negotiation phhas not commenced within 90 days after submittal tal pftho Construction Documents to the Owner, any Pltoject budges or fixed Emit of Construction Cost shall be Aus6d to reflect cbunges in the general leve] ofpriees in the construction industry between the date of submission of the Construction' Documents to the Owner and the date on which proposals are sought "-'— § 5.2.41f a fixed limit of Construction Cost (adjusted as provided in Section 5-2.3) is exceeded by the sum of the lowest bons fide bids or negotiated proposals plus the construction Manager's extimate of other elements of Construction Cast for the project, the Owner shall.. .1 givc written approval of an increase in such fixed limit; .2 authorize rebidding or rcncgotiating of the Project within a rrasonable bare: - .3 if the project is abandoned, terminate in accordance with Section 9.3; or .4 cooperate in revising the Project scope and quality as required to reduce the'Consfi'uctitm Cost. § 5.2.5 If the Owner chooses to proceed under Section $_2.4,4, the Construction Manager, without add-itional charge •- shall cooperate with the Owner and Architect as necessary to bring the Construction Cost within the fixed Iirt -if- established as a condition of this Agreement- ARTICLE greementARTICLE 6 CONSTRUCTION SUPPORT ACTIVITIES - - § 6.1 Constructions support activities, if provided by the Construction Managec, shall be goveinoti byseparete contractual agreements unless otherwise provided in Article 14t § 62 Reimbursable expenses listed in Article 14 for construction stlppori, activities may be subject to trade discounts, rebates, refunds and amounts received from Salm of surplus materials and equipment whicJl shall accrue to the Owns', and the Construction Manager shall make provisions so that they can be secured. 1 ARTICLE 7 OWNERSHIP AND USE OF ARCHITECTS DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS � § 7.1 The Dtawm6, Specifications and other documents prepared by the ArCkiect are instrumentsof 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 shalt not own or claim a copyright in the Drawings; STcc; jicano�s,,.4 and other documents prepared by the Architect, and unless otherwise indicated the Architect 511611 be tier med•thc author of them and will retain all conmlon Jaw, statutory and other rmcrvgd rights, in addition tp7the copyright A71' copies of them, except the Construction ,Manager's record sct, shall be returned or suitably accomltcd for to the Architect, on request; upon completion of the Project. The Orawings, Specifications and other docurnenrs prepared by the Architect, and copies thereof furnished to Tile Construction Manager, are for use solely i4ith respect tothis Project. They arc riot to be used by the Construction Manager on other projects or for additions to this Project outside the scope of the Work without the specific written consent of tho Owner and Archiicct° nw c-onstnictioLl Manager is granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents pieparcd by the Architect appropliate to and for use in the performance ofthe"CemsFe c-ff6il -_- -- h4anager's se rviccc under this Agrcemedt. +r. no""" auol-e'd - 1997. Coy 'oht r 7373. 2991 ..e 10112 by Tho A.eu-ir.n rn„c+buro of Arrhie.er.. an; ei *bid Ars nxn V 4s yrat.rt.a ny V -B. teV iobt env and rdt.r.atinn.2z: qbt. s ee-v.e_ �lkersme, a.ciae. a.avetnee..sd rapzoa.>: tion or ai.r=ib.eiea .e tui. ars nmumanc, a= vn=ztm ne ia.y x..uiy do d...c. ri.ss ata orimin.] v.as2ta..., •.d -ill t. a=e....e. to eb. �.-�.,... ara.na Daa.ibl. 1Q cedar tta lav_ Thia dear' _!e, p,,,daced by A: .n_=veto ea 09:ae:ea nn n�/07/dooa ui,d.= o=a„r No,l0000g,4" 1 .nun d to nor rut r..axw. _ 15apirca a, .^/u/loos, ae.r xrnt.a, (�asi2assagl All copies made,under This license shall bear the statutory copyright notice, if any, shown on the r)tawings, Specifications and other documents prepared by the Architect Submittal or distribution to meet official regulatory requircmonts or Far other purposes in connection with this project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. •------------ ----------------- -- i -------------- ---------� ARTICLE 9 TERMNATION, SUSPENSION OR ABANDONMENT 1 - § 9.1 This Agreement may be Terminated by either party upon not less than seven days' writren-ta6ct: sbd-uW1 e1i - other parry 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 Pro eel is y I � � j suspended by the Owner for more than 30 consecutive da aThr o fault of the C2JDVd999n Manage_e-r the Construction Manager shall be compensated for services performed prior to notice of such SUBpnnaicn. When the Project is rrsumcd, the Construction Manger's compensation shaj be equitably adjusted to provide for chcpcnses ittenrrcd in The interruption and resumption Of the ColtsWction Manager's Services. � � I 9.3 This Agreement may be terminated by the Owncr upon not lees than seven days' writ an ricticc to the Construction Mariager in the event that the Projecl is permatic rly abandoned_ If the Project is abaudoncd by,tHe Owncr for more than 90 consecutive days, the Construction Manager may terminate this Agreement by giving written notice, § 9.4 Failure of tlho Owner to make payments to the Construction Manager in accordance with this AgrecmenT shall. be considered substantial nonperformance and cause for termination. § 9.5 If the Owner, falls to Tuake payment when due the Construction Manager for services anclexpenscs„the --' Construction Manager may, upon seven days' written notice to the Owncr, suspend ptsfoniianrz.oF567 ices unde:d this Agreement Unless payment in faIl is received by the Construction Manager within seven days -of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension ', smtices, the`' ConRtr action Mtaiagcr shall have no liability to the Owner for delay or damage caused to the Owner Secint&. of su h- saSPenaion of services. § 9-$ In the event of Termination not the fault of the Construction Manager, the Construction Manager shad be compensated for services performed prior to termination, together with Reimbursable Expen; t11en dile. *--------------- ------------ i ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 Unless otherwise provided, this Agreement shall be govemcd by the law of the place where the Project in located. § 10.2 Terms in this Agreerrictlt shall have the same meaning as Those in the edition of Al A; Llocumerit�4201/C-'Ma, -- Gencral Conditions of the Contract for Construction, Construction Manager -Adviser Edition, current as of the date of this Agreement - ... --- ---- - § 10.3 Causes of adtion between the parties to this Agreement pertaining to acts or failures to act sballbe deemed to have accrued and the applicable statutes of limitations shall commence to Tart not later than eithrer the date -of-- . Substantial Completion for actrt or ja7r; to act occurring prior to Substantial Completion vr the'df ate o Oirsnce'" Of the final Project Certificate for Payment for acts or faih►res to act occurring atter Substantial. Cna ompletion_ Ir§ 10.4 Wnivens of Subrogation. The Owner and Construction Manager waive all rights the Contractoagate each Other and against L rs Architect,consultants, oscura and employeew Ofmny of them, for damages ban anI to Ih W41t0d: ARTKU a AWFATION1 g t.1 C16M dispum or other matrem in gltestion between die plrtici to mix Agecemcn arising out of ar rehiring To dtis Apro nenr oe breach thereof shall ba vubjeet to add dcaded by arbitration in accordance with we COnslrnetion Industry Arbitration Rules of the American Arbitration Amsocia,:nn aoren8y in eti'eet unless the parries mnlmlly agreh athawise. 0eietEd:102 Demand for aibibad.. shell be frledin writing with the other party to this AgIoMe tt and with the American Arbitralim A.rOCinlion. A demand ibr arbitratioo shall be mad. w,i:i.t„hin a reasonable zinc After Llw claia4 diRiOct or uther conger in quosd.n has arisen. In no event shall ata demmd for lrbilration he made aL1LT the dnm wllcll instilarion of legal ur equimbk Proceedings based on slhell ddillL dispute or ocher miller in quexrioo would bu hatred by am applicable shingles of liithitatiarh>i¶ 1 § 9.3 No arbiltaliaa arixing out of or relaring to ids Agreement Shalt include, by con-WEdnrion• joinder or in my other tn:mner, tem additional MSOn Or entity AUL a parry To this Agreement, eneept by wrinon cwxmk containing a specific refa'hbce to this Atrecinun signed by die Owner_ Consini iohl Mmaper, and any other person or en lily somilt to be joined. Consent to JrbibnHon involving m ndditional Perzon or entity shall not constitute consent to arbitralion ofnny ClaidL dispute or odh a matter in gnestlolh not described Ll ate written consent or with a persOil or tmaty, not named or desmbcd cher in. The fordgoiag ngreaahahl to arWtFRW and other ag malents to arbitrate: win, an addiriod7al pehxmh or entity duly consented to by the Tunics To this Apeernent shall bn specifically 471 aMble is accordance with applicable law ill any court having jur�'Xh;cffon dhcreoCl 1 $ L417m award rendered by dee arbitraaor & arbitrators shall be final, and judgmam may be entered Upon it in nccordanec with applicable law in my court U, -Ins jlttisdielion meteor DeleW.' and all Tem fnadon hlpenser� as defined id Section 9.7.1 covered by proper -Y insurance duringconstmetion, ex g they y L Pry ccds_of such t IQ9ngnidmdm�Far',whjch Deleted. T nThhnrion EE,,plases sept such Tights as th may have to The frectiyarcribumblo to insurance as sct forth in the edition of A IA Doc=ent A20I/CMA, General Conditions of rile Contract for rbc Consbuodon Construcliaa, Construction Manager -Adviser Edition, c=ut as of the date of this Agreewi nC The'O—wire ani' - 'therwise compensated > na.mmt 11602 -mw - 1991. c Wj- 9ha d 1973, 1900 and 1992 try Thi Arezla" 1 .... vgve or A_h`h{G.eG•. u1 T391G. rr.s.ap_ Thee •T.• amrraMe J. P..=Wu*d by V.S. C0FrrAtrrer.hc Lo ma z.aeidwi TY 142- Uaa.th.riad e_ d_ •Arumra, as®Mla. .i � PAoo at it. rap rdb.lt Aa ....r9 eiril and -. $—1 D4m.1Giu. colt rill h. peva.euerr DO G4. A•e::imv—WAbeb3. 1L� .nd.r Ga. ear -.. Thio dr.se ,.7,e produced try ATA aorrweo ac 09146,01 an oa/tin/2004 under dial.. Aro,10000974t-, lvtl . enchant ®2/n/a0051i 1X d to dot r— reaalo. VA.r R.G�p. (22atss11397 Construction Manager each shall ropire similar waivers from their Contractors, Architect, consultants, agents, and persons or entities awarded separate contracts adaffiistcrcd under the Owner's own forces. § 10.5 The Owned 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 Agreement, Neither Owner nor Construction Manager shall assign this Agreement without the written consent of the other. i § 10.8 This Agreement represents the entirt and integrated ugreemcnt between the Owner and Conawmanager ction Mager and supersedes all prior negotiations, representations or agreements, either written or oral. .This-AgreenHm L ma* bc. _ --- amended only by written instrument signed by both Owner and Construction Manager. § 10.7 Nothing contained in this Agreement shall crate a contractual relationship with or acm>j a of action in favor of a third party against either the Owner or Consu-uction Manager. ; L� g 10.8 Unless Otherwise provided in this Agreement, the Construction Manager and the Construction Manager's consultants shall have no responsibility for the discovery, presence, bandling, removal or disposal of or exposure of Persons to hazardous materials in any form at the Project site, including but not limited to asbestos, aabcsTos , products, polyehlowinated biphenyl WS) or other toxic subsTanees_ ARTICLE 11 INSt RANCE § 11.1 CONSTRUCTION MANAGER'S LIABILITY INSURANCE § 11.1,1 The Construction Manager shall purchase from and maintain in a company or companies lawfully -- authorized to do Susinem in the jurisdiction in which the Project is located snch insurance hswillprotect-the— — Construction Manager from claims set forth below which may arise out of or result from The Construction Manages Operations under this Agreement and for which the Construction Manager maybe legally liable- 1 .1 claims under workers compensation, disability benefit and other similar empIoyce benelii acts which'' are applicable to the operations to be performed; .2 claims for damages because ofbodily injury, occupational sickness or disease, or deatli'of the Construction Manager's employees; -- _ .3 claims for damages because cf bodily injury, sickness OT disease, or death of aaYVer5on u cr--than theiConstruction Managces employees; .4 claims for damages insured by usual personal injury liability coverage which are sustained (1)'Tiy,a-._ Person as a result of an offcme directly or indirectly related to employment of such pcnon by The Construction Manager, or (2) by another person; -5 claims for damages, other than to the Work itself, because of injury to or destructidn oftanible property, including loss of use resulting therefrom' /, '--I , .6 claims for damages because of bodily injury, death 01'a person orproperry damage arising out.of ownership, maintenance or use of a motor vehicle. i ' § 11.12 The insmaince required by Section 11.1.1 shall be written for not less than limits of liability speciti in Article 14 or required by law, whichever• coverage is greater. Coverages, whether written On erg occurrence or, claims -made basis; shall be maintained without interruption from date of cormaitm mcnt of operations undea`lhis - Agreemen[ until date off payment and termination of any coverage required to be maiptained after final payment. ARTICLE 12 PAYMENTS TO THE CONSTRUCTION MANAGER — -- -- § 12,1 DIRECT PERSONNEL EXPENSE § 121.7 Direct Persomucl Expense is defined as the direct salaries of the Construction Manager s Peesonnel engaged, -- Oil The Project and the portion of the cost of their Mandatory and customary contributions and benefits related thereto, such as cnriployrnent taxes and other slatutpry employee benefits, insurance, sick leave; holidays, vacations, Pensions and similar contributions and benefits, i § 12.2 REIMBURSABLE EXPENSES ----- § 12.2 .1 For vurpases_of determinine the amount of Additional Services that may become due under article ,Tof the AeRcement, as arae eatticuLrrly dcscnbed in SuhPtiraoh 13 3 1 Reimbursable Expcnse are mil"uddi on - - compensation for Basic and Additional Services and include expenses incurred by the Construction Manager and +a n°°°mgnc e801'oc. -x939. EapyriQne ° 3.378, 1980 sad 12113 by Rhe xwcic.n rnecicuce of nrehi-.-ye• 11,11 eight. —.4. rh�, This azo' m-®ene le yrat.ee.d 411 U.B. U.y Las- r saA me.:n.ei°n.a T<aeele.v..ateuei.sd repeed-rtioo or dlheeihuhie..1 hada iso y oo-..enc. err .ay p.rL0.on o8 it, a�.y reeglc id .—r. .1 -Al Dad eriri.al Pa Igkee. a.d v,,, a. prp.gq Ytgd W r],. L 6.k—t ma•�i• �.i ..d— tb. 1ay. Th1n 1f.[h vera 3rcduecd Ly An eor—ra at D2:46:U3 qq 0 1�U7/?gtla undwr order No. letloU99i.9_1 water a„pir.. on 3/R/2005. ane ie nue L� r.eaie. Ueer aero. (]12130" 381 Construction Manager's employees and consultants in the interest of the Project, as identified in the following Clauses. Construction Munn er is to provide a ehensive rumline tally report monthly orLall reimbursable avenscs to the Owner. § 12.2.1.1 �------------ • • - § 122.1.2 -1 .............. _----------------- _-------- ------------ _----------------- -------- _________----_ y 123.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular ratcs. § 122.1.4 Expensi of additional insurance coverage or limits requested by the Owner in exccss of that normally _1 carried by the Can_ahvction Manager, ; - - § 123 PAYMENTSION ACCOUNT OF BASIC SERVICES § 12.3.1 An initial payment as set forth in Section 13.1 is the minimum payment under this Agreement. § 123.2 Subsequent payments for Basic Services shall be made monthly and, whore applicable shall be in — proportion to services performed within each phase of service, on the basis set forth in Scotion.13.11, ? § 12,3,3 If and to the extent that the time initially established in Section 13.5.1 of this Agrecmcjlt is exceeded: or extended through azo fault of the Construction Manager, compensation for any services rendered during the additional period of time shall be computed in the maffier set Furth in Section 13.3.1, § 12.3.4 When eolilpensation is based on a perecrttagc of Construction Cost and any portiotis-oftitc-Projecrare - — - deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with Section 13.2.1, based on (1) the lowest bona Fide bids.,,- Or negotiated proposals, or (2) if no such bids or proposals are received, the latest approval estimate of slrCl>.portions of the Project § 124 PAYMENTS ION ACCOUNT OF ADDITIONAL SERVICES AND REIMBURSABLE EXPEN55 § 12.4.1 Paymcnts!on account of the Construction Manager's Additional Services and for R'rjmbnu ole. Expen3es ` shall be made monthly upon presentation of the Constriction Manager's statement of service$ Tendered or expj uses incurred. g 12.5 PAYMENTS WITHHELD § 12,5.1 No deductions shall be made from the Construction Munagt s compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors, or on account of the -66 of dosages in Work other than those for which the Construction Manager has been found to be liable. _ § 126 CONSTRUCTION MANAGER'S ACCOUNTING RECORDS 12.6.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and services OerfOtn2ed on the basis of a multiple of Dircet Personnel Expense shall be available ro the Owner or die Owner's authorized ruju sentative at mutually Convenient times. ARTICLE 13 BASiS OF COMPENSATION "Ilic Owner shall compensate the Construction Manager as follows: Deleted: in ea mdvn with the Project eapmela in 0onneCdon will audwiz-ed Ou-d-Sown travel:lomg-dismdco Wmauei=ions; and Tae paid far sdLmuing approval of AVd1066CS heVidg jurisdiedan over the Delated: Expense ofreprodurrions, p0aLim -pens delivoiep, Clo=mic fs iaule trans &=ons and handling of Drawings, Specifieaoons and onher ��CrITf § 13.1 AN INITLAL PAYMENT of ".' - - I (f j aha.... . d upon execution of this Agreement untilredited to'the .- Deleted: t$ OwncJ�s account at final payment / - " •, -- -(neleted= § 13.2 BASK COMPENSATION § 13.2.1 FOR BASIC SERV iCR_S, as described m Article 2, and any other services includut in Article 14 as pan of l Busic Services, Basic Compensation shall be computed as follows; Por Pre•Construcdon Phuc Services: _ (Insert basis ofco;nornsotion, including stipulared sums, multiples or percentages-) ' 1 ,.Txiti'iollars �d Qco Cemis iso:l)Qi7.7"T r"a- A= neeag— ee01'f7a - >.pps. 0OD9eiA L a 3A73, ]neo .oa ssas by T),e American Inecimco or aeehit=t.. .,, r--Gbar 94eetvad. lwvzsw, Thi. J,Zl aeaV % ii gmt.at.d br 9.2. ftr1±9hv LN .nd rat—timna S mtsu. naaaena)ri.ed rWodaaeiw ar ai.trihatim at r L, a31` varam.at, m .nr yvrciaa oe it. ..T r...st i....rr. v4-11 and orlm a.1 vas iti.., arta ria b. sa-...a.s.d co ails wr++— art.at ya..ibi. mac sae ley. rhLa deaEt vee educed by AIA eorcvaao e1 05:4b:02 ro 04/07/3DO4 under Ozdez Ne.1000051457 - 1 vld.h e.p-el na :/817005, antl i. n e tar ree4le, aur Aet- 133B33B3136] For Construction Phase Services: (Insert basis ofcompertsativn, including stipulated sums, multiples or perceruaggs,J .--- Deleted: § W COMPENSATION FOR ADDITIONAL SERVICES _... § 13,3.1 FOR A17DmONAI SERVICES OF T1 -1E CONSTRUCTION MANAGER, as described in Article 3, and any other services included in Article 14 as Additional Services, compvnsation shall be cotilput6 a fo ows: —•.- --- (Insert basis ofcompensarion, including rat& and/or mulliples of Direct PErsanrlel F..rpenrefor Principals and employees, and i(knrify Principals and classify employees, if required felentify specifte Scrt ices to which particular methods of comPensarion apply, if necessary.) Ceamcisaribn s$all tio;gr,;;;•sufeil ygt�x_rmtly c1et—et'm,�e"d by ttie�Owurr-and Construction Manu er. - — — i . § 43.4 REIMBURSABLE EXPENSES § 13.4.1 FOR REIMBURSABLE EXPPNSES, a9 d=nbed in Section 12.2, and any otheritem�s include�in Article !4� a mulCiplc of: .� the expenses_inau---- by lh CongiruCti.n Manag�et ural fine O[IStYI[CLlon ----• • " ' �0e1CW: as Reimburnbk; Ecpenrea Manager's Cmployeea and consultants in $e intcr¢st of the Project. - § 13.5 ADDITIONAL PROVISIONS § 13.5.1 IF THL- BASIC SERVICES covered by this Agreement have not been completed within Eiclttceru 4 8)-""� Debt months of the date hereof, through no fault of the Construction Manager, extension of the CanStruction Manager's .: - `'-,_ services beyond that time sball be compensated as provided in Sections 12,3.3 and 13.3.1. teeed Dej° -------------- ----------- DeJ 351 encs am rine `--- ------------- --------------- r .-. ..-------r------'- . _ pAYm and —------------• ---- - payable (..J )days fromthedaa of die C=ttuetion Mawtgers invoice. ARTICLE 14 OTHER CONDITIONS OR SERVICES Amounts lmpaid "i (,: ;)days after (I n d da ase gs—ph—) of Other services, idenafy Additional Services included wihhin Baric Compcnsatio r[utCl mod0walions to the payment and cOmpensa[ion terms included in this Agreement.) no iyeiic vvatei m;a 4as4i.a emnvai s - j` �J (SerAL•t ' the co -k IS906 with materiaic'tes § 14.1 LIMITS ON 19SURANCE r The insu=ce required by Article 11 shal I be written for not less than the followinglimits,; 4, • ' law: grateriffequircdhy Type of insurance ..... Limit of liability (s 0-06 "— i e mvalce fe sh¢n Wu mw mat at the rate entered below, or in the abtance ldtercof at the legal raft ptesvr'ting from time mrime at d* principal place of bnaotm of die Cmatootion Manager. I Prom rate of inrerear agreed upon.)I DektEm: (U.mry lace and rnyutremenu muter the Fodmal Truth in LrndOM Act, Jimilarstate. and local r Winer credit 16— and other rtgularians ar she Oµ er's and Cowimettan Manager SprincWat ptarej Of burins. the location of rhe ProlerY and rlsewhere may affCa rite w,Gdiry of thea provision speaft lqw advice should be abtainext wrrh empect ra ddefions Or Matt FlOnr, and nes* regurdbrg requIrematus such os iw rren disrlaxww or m vers.) I I § 13,5.3ria rates mid multiples ser forth Cor Adrlidowl 5ervim 9ha11 be ¢nnaally adfuAad in nccordance with nomlal salary Teview praCrlCeS Of ibe Con87uction Deleted: liuert the q Ldfle dollar amaurtSfOr the u)PrOprtate intruruncc thrnttt ojliability ria mmu anc>.c ¢ i- Utz. Copyrl0nt r ip73, 1980 .ea x993 by 'lir. A ricsn Inaelcuc. ns Archlcacer. ui rightd r.rr ". +Ausion, 763. Ani =00_h .a p'''etal by o -A- celryriQht rah, Md z.ee- lonnl zeutiu. vr.utheYir.d rnjmcdvcni.a or -x. bdtiL= os th. AxA` Ow h, o y yerei® in d...r. eivti sad erid.o.x Fe "Rift, sad .ix; he Oro..anc•6 w the a j— exteet m.•ihxa y.4 .ado Che 1av, Tl,i. 1r'M Vi4 —m ICW br AIA --r re .t o9:in+g1 0n 0o/or!=0oa onACY Oc.l.r n�. t090097.•r x wr.1o4 clrytY¢. on a/q/x005, Ind 14 oar ror read.. _ a.e 'Ored, 0321361—) This Agreement entered inrq as of the day and year first wdttcn above. OWNER CONSTRUCTION MANAGER (Signature) (Signature) (Printed nm?jc and title) (Printed name and title) 42 PAYMENT AND PERFORNWNCE BONDS 611 ContraCtors shall be required to *Ve the Owner surely in a sum equal to the amounr of Tte Contract au' rded in the f 1 wing situafl n —.._ .. _ • If the cotitact is in excess of $25.000.(X1• a -Payment $ond chgjl be executed, in_tjte ninount —.f -*-e " fbrmatfed: 9ultets an0 Numbering Contrac solei for the mt ign of nl[ claimants sutmlvina lahnr and materials in the prosecution of the r if r6. f`e.nrw. ni ............ .,.._ ...__..._.. _r m..... 9999.. .,.. .. .. ., .. - - - - - r��/-ya un. aJwlrL'1. 7 / the. form of die bond and the surety shalt be ace the Owner. i -bonds furnished hereunder shall meet the m"giremcnof Cha cr 2 Texas Govern mt Cade. _ • Numuctics will beacc2pted by the Own r w ieb fire in dcfauT delin uent n bonds or whi are involvedlin any litination agaigst the Owner. Sh Id the Owner detemtine-- unsatisfactnry at any time, notice will be elven m the Contractor and the Contramnr shall immechatcly provide n new surety to dte Owner. �. nncnranr B901bfa - 2992. Copreipht n 2977. 1990 end 1a99 by m e AM It— xn.ticv;,.. o[ AYChltect.. .„ =ipbe. t"—d.w =Q. 'ms. ASw' bm.mt =.t Promo. by U.S. Cwreah e.. me I9ceedatima2 i'n..*�ea- 9uathmis.a =.�e0aecloa ec ai. ecdt,nciaa oR ehl. ro<,m.oe, as 1.4r pectin. , 1e. ■ar _. h 1...vers aivii .m _= ..1 yedalti.., .ad vi33 be Dae.eut.d a -.o sea saaims rze.ac pb.albla 15 mMe eh. i... rnia Erare M. yrod�r.M by AtA un[tvacw we 04 rnfi:89 on 9a/9'1/100a u0eax Oed_ ero 2000941497 1 rbieh .mxroa o0 9!A/90o�, npc C.Y Y44n1.. UPW hats. 133913811J0)