MAYOR DANNEL P. MALLOY at I 9 Eiastm ANDFIEVV J. MCDONALD DIRECTOR OF LEGAL AFFAIRS ASSISTANT conponmraou COUNSEL BARRY J. BOODMAN JAMES V. MINOR KENNETH B. POVODATOR RICHARD A. BURT ROSENBERG CITY OF STAMFORD OFFICE OF LEGAL AFFAIRS 888 WASHINGTON BOULEVARD BOX 10152 STAMFORD, CT 06904-2152 (203) 977-4081 I FAX (203) 977-5560 September 21, 1999 To: Mayor Dannel P. Malloy From: Burt Rosenberg, Asst. Corp. Counsel jgfij Re: AFB Construction Management of Trumbull, Inc. Agreement for Construction Management Stamford High School Code Compliance, Fire Protection, and Renovations Attached hereto are two_ copies of the above described contract and exhibits thereto. The precise amount of AFB's fees cannot be calculated until such time as AFB has provided the City with a guaranteed maximum price for total construction costs and its fee. The guaranteed maximum price is submitted by' AFB after the awarding of all subcontracts. Under the terms of Paragraph 4.1.1, AFB's fees for preconstruction phase services shall not exceed $44,500. Under the terms of Paragraph 5.1.1, AFB's fees for construction phase services are 2.85 percent of actual construction costs. Since it is estimated that construction costs will be approximately $7,000,000, AFB's fee for construction phase services should be in the neighborhood of $200,000. Please be so kind as to forward one copy each to the Board of Representatives and the Board of Finance for their respective approval. Thank you for your consideration. Andrew J. McDonald, Director of Legal Affairs Patricia L. Broom, Director of Operations CONSTRUCTION MANAGEMENT OF TRUMBULL, INC. 28 Unity Drive (203)372-9724 FAX: (203)372-4406 Trumbull, CT 06611 afbco@aol.cam City of Stamford 888 Washington PO Box 10152 Stamford, CT 06904-2152 August 27, 1999 Attention: Antonio Iadarola, PE Our contract for construction management of the Stamford High School Code Compliance Project requires us to list personnel and their hourly rate as follows: *Office Support 1. Alfonso Barbarotta-Owner $125.00 2. Sandy Falzone-Secretary 27.50 3. David Cornett-Office Computer Coordinator 75.00 Site Support 1. John Barbarotta-Site Supervisor 65.00 2. Marc Lyons-Safety/Site Supervisor 33 65.00 3. Ken Wright-Site Clerk 33 50.00 Office Support-No hourly charges will be submitted throughout the entire project. Agreed fixed rate of 2.85% will be charged unless substantial change is agreed to by the City of Stamford prior to increase. If you have any questions, please call. FULL ON THE JOB PROJECT DEVELOPMENT AND I PRODUCER (203) 3 56-? 577 FAX (203) 367 -3 2 62 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 6 reenwood Insu rance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDEO BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE 1757 East Main Street Bridgeport, CT 06610 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . INSMHAFB Construction I Liberty MutuaI Tr'umbu'II CT 06611 COMPANY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co 3 5 POLICY EFFECTIVE IPOLICY EXPIRATIONI UR TYPE OF INSURANCE POLICY NUMBER DATE LIMITS GENERAL LIABILITY I AGGREGATE I1, 000. 000 5 CLAIMS MADE i 3 OCCUR INJURY 1 000 0 Q2cc3375157o :05/01/1999 PROT MED EXP {Any One person} 5 3 000 AUTOMOBILE LIABILITY . . 3: 2 5 2 COMBINED SINGLE LIMIT MYAUTO 2 2 z; 500., 000 ALL OWNED AUTOS BODILY INJURY A Io2cc3375977o 05/01/1999 05/01/2000 -A Is AUTOS BODILY INJURY 3 5 NON-OWNED AUTOS - I PROPERTY DAMAGE 5 RBAGELIABILHY is I ANY mo I 5 ..Rss=EssuAaw 3 A I-.. 05/01/1999 05/01/2000 ._._5_s_00.0.s.000 I OTHER THAN UMBRELLA FORM "s - 2 00 304430 3 11 17 1993 11 17 1999 II INCL i 2 4 I I 509. 000 - OFFICERS ARE: EXCL -1 EL DISEASE-EA 100, 000 OTHER DESCRIPTION OF ITEMS /7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES as CANCELLED BEFORE THE :1 ees as EXPIRATION DATE THEREOF. THE zssume COMPANY WILL ENDEAVDR TD MAIL - Add": ti one" _i ngu red as The". rpxnie rest May (3 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. Appear. Ci ty of Stamfo rd am FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY R-i Sk Manage 333 ngton BV OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. Stamco rd CT 05 904 AUTHORIZED REPRESENTATIVE - . MAYOR OANNEL 9. Mattel GOVERNMENT CENTER 388 WASHINGTON BOULEVARD R0. BOX 10152 STAMFORD, CT 06904-2152 (203) 977-4150 FAX (203) 977-5645 CITY or STAMFORD OFFICE OF THE MAYOR V55 5 9 4 1999 oa Of September 22, 1999 MEMO TO: Board of Finance Board of Representatives FROM: Mayor Dannel P. Ma1l0 RE: 7 AFB Construction Management of Trumbull, Inc. Agreement for Construction Management at Stamford High School - Code Compliance, Fire Protection, and Renovation Attached is a copy of the above noted agreement which was forwarded to me from the Office of Legal Affairs. Would you kindly place this matter on your agenda for the next regular board meeting. Thank you. (wboards) EXHIBIT .- 9 -- RVIEW PROJECT INT PACKAGE PRESENTED BY: AFB CONSTRUCTION MANAGEMENT OF TRUMBULL, JULY 1, 1999 ..I . . . . . SAMPLE SCHEDULE BREAKDOWN OF RESPONSIBILITY ESTIMATED PROJECT COST VALUE ENGINEERING OPPORTUNITIES 1. CURRENT ISSUES ASBESTOS REPORT (AMC) BID PACKAGES AFB PROJECT TRACKING SAMPLE :o uo:.uu..:nno.U emf i flame". an Bax HM 43.3: 3.3 i Semen >._mEEam <m 2:54 0 . nwfimuv Imw .5: uciumem EREE mufiam Pam man. 0 < .3: Son>> . new 5.. .52 .3 as. Hamac. cam can. 3.: no 3: 3.. gun>> on Sufi $53 .33 E. 2 E895 E3 230 Ecsum swam Eomfifim .835 3.6 3 WILES 8: ASSOCIATES ARCHITECTS CITY OF.-STAMFORD GEORGE WILES OFFICE PRINCIPAL UPPORT STAFF 8: 7 MANAGEMENT I 7 - STAFF JOHN BARBAROWA PA'rMoscA_'ro' - - CHARLOTTE - - OPENSHAW SUEL EN RUZUGLIA NO SCHEDULING 8: BUDGETING DA wo Co5=NErr REQUEST FOR REVIEW OF PLANS ED-042 'In. UK fimamq Id 15-211. 16-2912. 5 owNn=tE51ON HM-IE STAMFORD TO 688>>: CONSTTIUCWON STAR: OF CONNECTFCUT oopuun-om or FACIUXT NAME AND ADOIRESRS IIUFIEAU OF GRANTS PROCESSING SCHOOL FACILITIES UNIT Po. Box 2219. Harttord. CT 06145 1 It On: rum: mo tPECtFI::Jt'hous PREPARED ('ulna-rm. CH7. Yo-rt 5:15 :93; . 55 SEFHWIJEFFV Avenue Stamford School Cf at oars YO oounm on mouse: NUMBER 135-170 Day. hat: 7 15 (norm. on. Your] moan: tuo-sen. Du. 'run HANS 12:31 :95 11 :13 :96 .3, one nwu. I-was mo srecuc nomous m-aoveo IY: (um-n. D-i1. tr-no (Mama. Du. . ammo ot so-ucmon 2 I 25 97 u. ILHLDINQ oouun-nag 2 :25 I 97 srre APPROVALS uun.o-mo. I-OM10 tuft bomb OF DATE count-r-t-as Arvnout I OF toucmou um mtu. ESTH-IATED PROJECT costs To be submitted with this request: flu:-oumg 9,940,000 and any site lcquisitions. b. One copy ot I. ptotessionai cost estimate of the project or phase 0! the project c. All submissions must be made within 10 days ot the date of approval at such submissions by the local board of education. HO PHASE OFSITE DEVELOPMENT OR CONSTRUCTION OR PURCHASE ORDER IN 111-; NOTE: SPECIFICATWONS. (11; INSTRUCTIONS: n. One copy oi the final ptans tor the projoct. or a phase: of the project and specifications approvad by the board ot education and the schoot buitdinq committee. WITH THIS PROJECT SHALL GO OUT TO 810 UNTIL YOU HAVE RECEIVED WRITTEN 1131 BOARD EDVJCATUOH CNAI-RPERSO-H Robert: King muue 0? SCHOOL c0uun't'E? NOTIFICATION FROM THE DEPARTMENT THAT IT HAS APPROVED YOUR FINJIL PLANS AND 10:3 Hf.' I .. Anthony Strazza HA1-IE OF 0' SCPOOLS Michael Neat: mug Donald Duffy on snfiarbfie if mums ma rsnsou To covmcr nscunomo mv ouasnons ms pom>> 67 9774105 I 5! Q77-1-H05 _o-um: PAFE up COMMENTS: RENEWED BY: (C) DATA ENTERED: PHONE [203] 977-11241 mom ?203} 3BB-2090 (mi-'OR STATE DEPARTIIENT USE ONLY BY: {Dun ED-042 Archiledure 0 Engineenng Planning Environmental Services 10. 11. 12. 13. 14. 15. 16. 17. 4/22/97 CODE GOIVIPLIANCE AND SPRINKLER SYSTEM FCH1 ACCESSIBILITY Site Accessibility Building Entrances Classroom Accessibility special Rooms Secondary Exits General Use Bathrooms Signage and Tactile Warnings Rescue Assistance CONNECTICUT FIRE SAFETY CODE Means of Egress (CFSC 5-1.3.1) Illumination of Means of Egress (CFSC 11.2.9) Exit Lighting Special Features Protection from Hazards Interior Finishes Fire Detection and Alarm Interior Corridors Fire Protection (NFPA 13) ESTIMATED COST 100,000. 500,060. 400,000. 250,000. 100,000. 200,000. 00,000. 70,000. 400,000. 75,000. 5 100,000. 50,000. 3 75,000. 150,000. 550,000. 200,000. $4,500,000. @002 Pafiqll Ndfiects I Fax:(203] 4198-2002 ma. -JUU QIEM 18. 19. 20. 21. _,uU 141,, oiJlUlH. I \u:l.l1 inVli LIEE Auxiliary Generator Elevator Exterior Stair Miscellaneous ESTIMATED COMPLIANCE COSTS: ESTIMATED CONTINGENCY TOTAL ESTIMATED COHPLIANCE COST: to/22/97 LQJUUJ ESTIMATED COSI 200,000. 450,000. 175,000. 250,000. $8,875,000. $1,065,000. $9,940,000. 0'77, 0 Architects - Engineers&Erw1ronm0nD:d Serwcfias VALUE ENGINEERING OPPORTUNITIES STAMFORD HIGH SCHOOL CODE COMPLIANCE SPRINKLER SYSTEM PROJECT PROJECT 135-1 74CV ESTIMATED PROJECT COST: $9,940,000.00 (ED-042 FILED AT CSDE SFU 04/2 7/9 7) I. ASBESTOS AEATEMENT PLAN 11. SPRINKLER (PUMP ROOMS) BACK-UP POWER GENERATORS IV. ELEVATOR V. BUILDING ENTRANCES VI. FIRE DETECTION AND ALARM VII. NFPA 13 CONTINGENCY 12% AFB CONSTRUCTION MANAGEMENT STAMFORD INTERVIEW PACKAGE JULY 1, 1999 CURRENT STAMFORD HIGH SCHOOL CODE COMPLIANCE SPRINKLER SYSTEM PROJECT PROJECT 135-1 74CV In preparation of this package, AFB Construction Management feeis that the following issues must be addressed by the assembled Project Team to ensure a properly compieted project for the City of Stamford: I. MISSING DRAWING INFORMATION: REQUIRED TO ENSURE RELIABLE BIDS SUBMITTED TO THE CITY OP STAMFORD II. ASBESTOS ABATEMENT SCHEDULING SITE IV. OVERALL PROJECT BUDGET SCHEDULING V. EXISTING DRAWINGS ARE PRINTED UNDER 1998 CODE: MODIFICATION WAIVER SHOULD BE FILED PRIOR TO BID VI. STATE REIMBURSEMENT EVERY Two MONTHS: CITY SHOULD FILE A REQUEST SCHEDULE ASAP TO ALLEVIATE EXPENSES AFB CONSTRUCTION MANAGEMENT STAMFORD INTERVIEW PACKAGE JULY 1, 1999 LIMITED ASBESTOS INSPECTION PERFORMED AT: Stamford High School 55 Strawberry Hill Avenue Stamford, CT PREPARED FOR: Mr. Prakash Chakravarti City of Stamford Engineering Department 888 Washington Blvd. Stamford, Connecticut PREPARED BY: AMC TECHNOLOGY INC. P. 0. BOX 413 STRATFORD, CONNECTICUT 06615 March 3, 1999 AMC Technology, Inc. Environmental Renewal Consuitants PO. Box 413 Stralford Connecticut 08497 Telephone: 203.378.5020 Facsimile: 203.375.7344 EXECUTIVE SUMEVIARY - ASBESTOS SURVEY Asbestos 'Containing Material (ACM) is any material containing more than 1% asbestos of any type or mixture of types. Materials described in the contract documents as asbestos containing or which are presumed to contain asbestos by the OSHA regulation (29CFR 19261101) are to be considered as asbestos containing. Please refer to the section titled "General Statement Concerning Asbestos Inspections in Buildings." RECOMMENDATIONS Asbestos Containing Materials State and Federal Regulations require asbestos containing materials be removed prior to demolition, renovation or other actions that may disturb it. 1.0 INTRODUCTION Renovation activities for Stamford High School are planned to begin in 1999. The current asbestos rnanagernent plan was reviewed in conjunction with proposed renovation activities. Bulk samples were obtained from building materials likely to be disturbed during renovation. The asbestos survey and rnanagernent plan document asbestos containing materials in the following interior locations. 1) Floor Tile and Mastic Throughout Building (multiple layers of floor tile and/or under carpet in various locations). Pipe Insulation in Level A, B, and C, Tunnels/Crawl Spaces, Cafeteria, Cafe Annex, Teachers Caf?, Corridor Near 143, Above Ceilings and Behind Walls. Pipe Fitting Insulation Throughout Building (visible areas, above ceilings and behind walls). Boiler Insulation (cement and rope) on Boiler Tank Insulation in Boiler Room and Mechanical Room near 401. Expansion Tank Insulation in Mechanical Room Above Lockers. Laboratory Chemical Hoods Throughout Level and Science Rooms. Fire Doors Throughout Building. Vibration Isolation Cloth in Emergency Generator Room, Mechanical Room Above Lockers, Penthouse AHU's (Gym, Science Wing, Auditorium, and Classroom Wing), Storage Near 521, and Mechanical Areas. 10) Electrical insulation in Auditorium and Projection Booth. ll) Taping Compound on Level Corridor Columns (off yellow color as opposed to white taping compound in other areas of building). 12) Glue Daubs in Level A, B, C. 13) Art Counter Tops in Level A. U3 19 8t9~fi93&? STAMFORD HIGH SCHOOL SPRINKLER SYSTEM CODE COMPLIANCE SDE #135474 CV, PHASE 1 OF 1 BID PACKAGES Asbestos Removal Secure Current Report Site Work I 1. Ramps Curbs 2. Lltility Mains Paving Repair Work 3. Oil Tank Installation 4. Exterior Stairs 5. Patch Repair Work for Pavements Elevator Cab 8_c Equipment Package Generator Generator Equipment (Exterior) Generator Pad Walls Generator Conduit to Building for Future Wire Pump Room Additions 3? New Pump Room Building Shell Equipment Pads Electrical Site Lighting Main Switch Gear (for future installation) Generator Switch Gear (for future installation) Communicatio 11/ Data Review Technology Package for Phones, Video, and coordinate with other City of Stamford Tech Wiring Project If coordinated Bid Intercom/Clock Package Fire Alarm Fire Alarm System Package - Limit Installation to Designated Areas in Summer of 1999. Auditorium! Cafeteria Stair New Stair 142F and Related Ramp Assembly Addition CONSIDERATIONS Seek Code Modification for Building Under Old Building and Fire Code v' Elevator Shaft Missing Complete Structural Information, Drawings A-48 through A-49.1 Beam Sizes, Shorting Requirements, Existing Slab Support, Vertical Reinforcement of Masonry Walls. Construction Manager Constructability Review. Documents need coordination and more information. Interior Ramps need Review Exterior Ramps Missing Elevations. New Concrete Ballasters Need Details, Drawing A-32 (Not enough info.) Plumbing Information of Architecturals, i.e. Drawing A-- 5 v' Wiring Shaft Adjacent to Stair "13" Drawing A-20 What is Finish of Ramp Floor'? Each Door Should Be Field Verified Prior to Bid for Size and Surrounding Finishes. Structural Information Missing on A-58. Drawing A-S9 Incomplete. All Exterior Elevations Need More Information. Review of Ramp in Corridor 193 Drawing A--26. Drawing A-29 Repairing Drawing A-34 Door 495 Clarify Detail. Structural Information Missing for Pump House No. 1 No.2 Roof Framing Drawings A-51. Review Huge New Beam Indicated on Drawing A-52 Section B-13, and Tunnel Construction. . Consider Changing Pump House Walls from Pour Concrete to _I-Iouse Walls Do Not Indicate any Reinforce-Veirify. See Drawing A-5 6. New Additions Plans Should be Reorganized to Indicate~Foundation Plans, Steel Framing Plans, Architectural Plans, Currently All are Combined with A lot of Missing or Hard to Find Information. wuE..o._._ua .. I .3 ova 2.3 m_ 2.. .22 flaw _x.mm .39.. $3 ?2 ?6 .. HE: mums: vac "Emma Su_.oB $8 {an sacfifiaaeq Em wnoq .w were - 2 _8._um bscofiam uafifi. 3.5 5.5 gm fioom Eoaum awhm fimwu Eaton cm Eoxow bfiuufiflm firzmm .m Mama - Em 58m .v aazz $3 _o2_om .m aannm - _2=_um :33 mmxam. my %s?S BEE. 80.85 2.3 .52. 9% . .3: page .2 $8 :3 3.3 a 33158 32. .33 .3 ,3 ..xa _8fim .c35.5_m .22:: gamma: .5 .3. 33 exam aim flaw saw aim axamm $3 "Onion Em econ .uxonm uocfim .D5=uE?m Enam nauaa .n 2 o\owa 3% o\owm axuwa foam ..\oma _o2_um .o_.s5Eu_m :fififi :95" casfia {am .33 ?a 3% 3% aka steam .N 2 mama.83 am: mm..aE-m wagon-" 3.30;. 3.3? .. - .1. . 685. 83.m.m_5m_Go co ma .m.3_wQ .w._w.uNQk% 5&5 Euo_.o.& BE II 'in Standard Form of Agreement Between Owner and Construction Manager where the Construction Manager is also the Constructor AIA Document and AGC Document 565 - Electronic Format THIS WITH AN WITE-I TO ITS COMPLETION OR OF THZS MAY BE MADE BY USING AIA DOCUMENT The I987 Edition of'AlA Document A201. Genera! Conditions ofthe Contract for Construction, is referred to herein. This Agreement requires modification ifother general conditions are Portions of this document are derived from MA Document A111. Standard Form of Agreement Between the Owner and Contractor where the Basis of Payment is the Cost of the Work Plus a Fee, copyright I920, I925, I951. 1958, I961. I963, I967, 1974, i9?8, copyright $08? by The American Institute of Architects; other portions are derived from AGC 500. Copyright i980 by The Associated Genera! Contractors of American. Material in this docttnient differing from that found in AIA Document AI I i and AGC Document 500 is copyrighted 199i by The American Institute of/Vchitects and The Associated General Contractors of America. Reproduction of the material herein or substantial quotation of its provisions without written permission oi" and AGC violates the copyright laws of the United States and will subject the violator to legal prosecution. AGREEMENT made as of the day of in the year of (in words, indicate riiorirh and BETWEEN the Owner: (Name and aa'dr'ess) and the Construction Manager: Name and address) m.flm. The Project is: (Name, address and brief description The Architect is: (Name and address) AEA DOCUMENT AIAIZUCMC AND AGC DOCUMENT 565 MANAGER AGREEMENT 399! EDITION AIA COPYRIGHT - THE AMERICAN OF THE ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, 20006-S292 - AGC - COPYRIGHT 1991 - THE ASSOCIATIZI) CONTRACTORS OF AMERICA. I957 N.W.. WASI-IINGTON, D.C.. 20006-5209. Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation unlii the date of' expiration as noted below. Electronic Fonnat WILES Associates Architects (Herein referee to as the "Architect" in this agreement} The Owner and Construction Manager agree as set forth below. AIA DOCUMENT AIAIZIICMC AND AGC DOCUMI-ZNT S63 - OWNER-CONSTRUCTION MANAGER AGREEMENT - I991 EDITION AIA -- COPYRIGHT I991 - THE AMERICAN INSTITUTF. OF H35 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006-S292 - AGC - COPYRIGHT I991 - THE OF AMERICA, I957 N.W.. WASI-IINGTON, 20006-5209. Unlicensed photocopying violates US. copyright iaws and is subject to legal prosecution. This document was eiectronicaily produced with permission of the AIA and can be reproduced without violation unlit the date of expiration as noted below. Table of Contents ARTICLE 6 COST OF THE ARTICLE 1 GENERAL PROVISIONS l.l Reiationship of Parties WORK FOR CONSTRUCTION 1.2 Generai Conditions PHASE 6.1 Costs To Be Reimbursed ARTICLE 2 CONSTRUCTION MANAGERS 6.2 Costs Not To Be Reimbiirsed RESPONSIBILITIES 6.3 Discounts, Rebates and Refunds 2.1 Preconstruction Phase 6.4 Accounting Records 2'2 Enudalggiiffcivifiiflgum PM Proposal ARTICLE 7 CONSTRUCTION PHASE 2.3 Construction Phase 7'1 Progress Payments 2.4 Professional Services 7'2 Fmai Payment 2'5 Unsafe Materials ARTICLE 3 INSURANCE AND aonos ARTICLE 3 OWNERS RESPONSIBILITIES 8.1 Insurance Required oftiie Construction 3.1 Information and Services Manager 3.2 Owner's Designated Representative 82 insurance Requlred Ofthe owner 33 Architect 8.3 Performance Bond and Payment Bond 3-4 Ifigai Requirements ARTICLE 9 MISCELLANEOUS PROVISIONS ARTICLE 4 COMPENSAHON AND 9.1 Dispute Resolution for the PAYMENTS FOR Preconstructioii 'Phase 9.2 Dispute Resolution for the Construction PHASE SERVICES Phase . . 4_1 Compensation 9.3 Other Provisions 4-2 Payments ARTICLE 10 TERMINATION on SUSPENSION ARTICLE 5 COMPENSATION FOR 10.1 Termination Prior to Estaloiishing CONSTRUCTION PHASE Guaranteed Maximum Price SERVICES 10.2 Termination Subsequent to Establishing Com ensafo Guaranteed Maximum Price I . . 3 ension 5.2. Guaranteed Maximum Price 10' usp 5-3 IMI19 WOFK ARTICLE 11 OTHER CONDITIONS AND SERVICES Attachments: AMENDMENT NO. 1 to Agreement Between Owner and Construction Manager AIA DOCUMENT AEAIZIICMC AND AGC S65 - OWNER-CONSTRUCTION MANAGER AGREEMEENT - 199i EDITION - MA - COPYRIGHT I991 - THE AMERICAN OF THE ARCHITECTS, I735 NEW YORK AVENUE, N.W., WASHINGTON. DC. 20006-5292 - AGC - 1991 THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, I957 STREET, N.W., WASHINGTON, D.C.. 20006-5209. Unlicensed photocopying violates US. copyright laws and is subject to Iegal prosecution. This document was electronically produced with permission ofihc AIA and can be reproduced without vioIation until the date of expiration as noted below. Electronic Format A i21i'CMc-I99! User Document: AFBCM AIA License Number 114095, which expires on 8/31/2000 Page #3 Standard Form of Agreement Between Owner and Construction Manager Where the Construction Manager is also the Constructor ARTICLE 1 GENERAL PROVISIONS '1.1 RELATIONSHIP OF PARTIES The Construction Manager accepts the relationship of trust and confidence established with the Owner by this Agreement, and covenants with the Owner to furnish the Construction Manager's reasonable skill and judgment and to cooperate with the Architect in furthering the interests of the Owner. The Construction Manager shall furnish construction administration and management services and use the Construction Manager's best efforts to perform the Project in an expeditious and economical manner consistent with the interests of the Owner. The Owner shall endeavor to promote harmony and cooperation among the Owner, Architect, Construction Manager and other persons or entities ernptoyed by the Owner for the Project. 1.2 GENERAL For the Construction Phase, the General Conditions of the Contract shall be the 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction, which is incorporated herein by reference. For the Preconstruction Phase, or in the event that the Preconstruction and Construction Phases proceed concurrently, AIA Document A20l shall appiy to the Preconstruction Phase oniy as specifically provided in this Agreement. The term "Contractor" as used in AIA Document A201 shall mean the Construction Manager. ARTICLE 2 CONSTRUCTION RESPONSIBILITIES The Construction Manager shall perform the services described in this Article. The services to be provided under Paragraphs 2.1 and 2.2 constitute the Preconstruction Phase services. If the Owner and Construction Manager agree, after consultation with the Architect, the Construction Phase may commence before the Preconstruction Phase is completed, in which case both phases shall proceed concurrently. 2.1 PRECONSTRUCTION PHASE 2.1.1 PRELEMINARY EVALUATION The Construction Manager shall provide a preliminary evaluation of the Owner's program and Project budget requirements, each in terms of the other. 2.1.2 CONSULTATION The Construction Manager with the Architect shail jointly schedule and attend regular meetings with the Owner and Architect. The Construction Manager shall consult with the Owner and Architect regarding site use and improvements, and the selection of materials, building systems and equipment. The Construction Manager shall provide recommendations on construction feasibility; actions designed to minimize adverse effects of labor or material shortages; time requirements for procurement, installation and construction completion; and factors related to construction cost including estimates of altemative designs or materials, preliminary budgets and possible economies. 2.1.3 PRELIMINARY PROJECT SCHEDULE When Project requirements described in Subparagraph 3.l.l have been sufficiently identified, the Construction Manager shall prepare, and periodically update, a preliminary Project schedule for the Architect's review and the Owner's approval. The Construction Manager shall obtain the Architect's approval of the portion of the preliminary Project schedule relating to the performance of the Architect's services. The Construction Manager shall coordinate and integrate the preliminary Project schedule with the services and activities of the Owner, Architect and Construction Manager. As design proceeds, the preliminary Project schedule shall be updated to indicate proposed activity sequences and durations, milestone dates for receipt and approval of pertinent information, subrnittai of a Guaranteed Maximum Price proposal, preparation and processing of shop drawings and samples, delivery of materials or equipment requiring iong--iead time procurement, Owner's occupancy requirements showing portions of the Project having occupancy priority, and proposed date of Substantial Completion. If preliminary Project schedule updates indicate that previously approved schedules may not be met, the Construction Manager shall make appropriate recommendations to the Owner and Architect. 2.1.4 PHASED The Construction Manager shall make recommendations to the Owner and Architect regarding the phased issuance of Drawings and Specifications to facilitate phased construction of the Work, if such phased construction is appropriate for the AIA DOCUMENT AIAIZIICMC AND AGC DOCUMENT S65 - OWNER-CONSTRUCTION MANAGER AGREEMENT - EDITION - AIA - COPYRIGHT ?99! - THE AMERICAN OF THE ARCHITECTS, H35 NEW YORK AVENUE-L. N.W., WASHINGTON, DC 20006-S292 -- AGC - COPYRIGHT l99t - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E5 STREET, N.W., WASHINGTON, D.C., 20006-5209. Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronicaliy produced with permission ofthe AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A121/CMc--l99l User Document: AFBCM 9/7/1999. AIA License Number 114095, which expires on 8/31/2000 Page #4 Project, taking into consideration such factors as economies, time of performance, availability of labor and materials, and provisions for temporary facilities. 2.1.5 PRELIMINARY COST ESTIMATES 2.1.5.1 When the Owner has sufficiently identified the Project requirements and the Architect has prepared other basic design criteria, the Construction Manager shall prepare, for the review of the Architect and approval of the Owner, a preliminary cost estimate utilizing area, volume or similar conceptual estimating techniques. 2.1.5.2 When Schematic Design Documents have been prepared by the Architect and approved by the Owner, the Construction Manager shall prepare for the review of the Architect and approval of the Owner, a more detailed estimate with supporting data. During the preparation of the Design Development Documents, the Construction Manager shall update and refine this estimate at appropriate intervals agreed to by the Owner, Architect and Construction Manager. 2.1.5.3 When Design Development Documents have been prepared by the Architect and approved by the Owner, the Construction Manager shall prepare a detailed estimate with supporting data for review by the Architect and approval by the Owner. During the preparation of the Construction Documents, the Construction Manager shall update and refine this estimate at appropriate intervals agreed to by the Owner, Architect and Construction Manager. 2.1.5.4 If any estimate submitted to the Owner exceeds previously approved estimates or the Owner's budget, the Construction Manager shall make appropriate recommendations to the Owner and Architect. 2.1.6 SUBCONTRACTORS AND SUPPLIERS The Construction Manager shall seek to develop subcontractor interest in the Project and shall fumish to the Owner and Architect for their information a list of possible subcontractors, including suppliers who are to furnish materials or equipment fabricated to a special design, from whom proposals will be requested for each principal portion of the Work. The Architect will reply in writing to the Construction Manager ifthe Architect or Owner know of any objection to such subcontractor or supplier. The receipt of such list shall not require the Owner or Architect to investigate the qualifications of proposed subcontractors or suppliers, nor shall it waive the right of the Owner or Architect later to object to or reject any proposed subcontractor or supplier. 2.1.7 LONG-LEAD TIME ITEMS The Construction Manager shall recommend to the Owner and Architect a schedule for procurement of long-lead time items which will constitute part of the Work as required to meet the Project schedule. If such long~lead time items are procured by the Owner, they shall be procured on terms and conditions acceptable to the Construction Manager. Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal, all contracts for such items shall be assigned by the Owner to the Construction Manager, who shall accept responsibility for such items as if procured by the Construction Manager. The Construction Manager shall expedite the delivery of long--lead time items. 2.1.8 EXTENT OF RESPONSIBILITY The Construction Manager does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The recommendations and advice of the Construction Manager concerning design alternatives shall be subject to the review and approval of the Owner and the Owner's professional consultants. It is not the Construction Manager's responsibility to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, building codes, rules and regulations. However, if the Construction Manager recognizes that portions of the Drawings and Specifications are at variance therewith, the Construction Manager shall notify the Architect and Owner in writing. 2.1.9 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION The Construction Manager shall comply with applicable laws, regulations and special requirements of the Contract Documents regarding equal employment opportunity and affirmative action programs. 2.2 GUARANTEED MAXIMUM PRICE PROPOSAL AND CONTRACT TIME 2.2.1 When the Drawings and Specifications are sufficiently complete, the Construction Manager shall propose a Guaranteed Maximum Price, which shall be the sum of the estimated Cost of the Work and the Construction Manager's Fee. 2.2.2 As the Drawings and Specifications may not be finished at the time the Guaranteed Maximum Price proposal is prepared, the Construction Manager shall provide in the Guaranteed Maximum Price for further development of the Drawings and Specifications by the Architect that is consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not AIA DOCUMENT AND AGC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT - I991 EDITION AIA -- COPYRIGHT - THE AMERICAN INSTITUTE OF THE ARCHITECTS, l73S NEW YORK AVENUI3, N.W., WASHINGTON, D.C. 200066292 - AGC - COPYRIGHT l99l THE GENERAL CONTRACTORS OF AMERICA, 195? N.W., WASHINGTON, D.C., 20006-5209. Unlicensed photocopying violates US. copyright laws and is subject to legal prosecution. This document was electronically produced with permission ofthe AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A121/CMc--l99l User Document: AFBCM 9/711 999. AIA License Number 114095, which expires on 8/31/2000 -- Page #5 include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, alt of which, if required, shall be incorporated by Change Order. 2.2.3 The estimated Cost of the Work shail include the Construction Manager's contingency. a sum estabiished by the Construction Manager for the Construction Manager's exclusive use to cover costs arising under Subparagraph 2.2.2 and other costs which are property reimbursable as Costs of the Work but not the basis for a Change Order. 2.2.4 BASIS OF GUARANTEED MAXIMUM PRICE The Construction Manager shail include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include: .1 A list of the Drawings and Specifications, including all addenda thereto and the Conditions of the Contract, which were used in preparation of the Guaranteed Maximum Price proposal. .2 A iist of allowances and a statement of their basis. .3 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposai to suppiement the information contained in the Drawings and Specifications. .4 The proposed Guaranteed Maximum Price, inciuding a statement of the estimated cost organized by trade categories, allowances, contingency, and other items and the fee that comprise the Guaranteed Maximum Price. .5 The Date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based, and a schedule of the Construction Documents issuance dates upon which the date of Substantial Compietion is based. 2.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposai and the written statement of its basis. In the event that the Owner or Architect discovers any inconsistencies or inaccuracies in the information presented, they shall notify the Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis or both. 2.2.6 Uniess the Owner accepts the Guaranteed Maximum Price proposal in writing on or before the date specified in the proposal for such acceptance and so notifies the Construction Manager, the Guaranteed Maximum Price proposal shall not be effective without written acceptance by the Construction Manager. specified_ig;_tl1? Guaranteed Maximum Price proposai shall afford than forty--five/45) days within which _h_e Owner _is _t_q accept the Guaranteed Maximum Price 2.2.7 Prior to the Owner's acceptance of the Construction Managers Guaranteed Maximum Price proposal and issuance of a Notice to Proceed. the Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work, except as the Owner may specifically authorize in writing. 2.2.8 Upon acceptance by the Owner of the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price and its basis shali be set forth in writing The Guaranteed Maximum Price shail be subject to additions and deductions by a change in the Work as provided in the Contract Documents and the date of Substantial Completion shali be subject to adjustment as provided in the Contract Documents. 2.2.9 The Owner shali authorize and cause the Architect to revise the Drawings and Specifications to the extent necessary to refiect the agreed--upon assumptions and clarifications contained in the Guaranteed Maximum Price . Such revised Drawings and Specifications shaii be furnished to the Construction Manager in accordance with schedules agreed to by the Owner, Architect and Construction Manager. The Construction Manager shall notify the Architect and Owner if such revised Drawings and Specifications are inconsistent with the agreed--upon assumptions and clarifications. 2.2.10 The Guaranteed Maximum Price shall inciude in the Cost of the Work only those taxes which are enacted at the time the Guaranteed Maximum Price is established. 2.3 CONSTRUCTION PHASE 2.3.1 GENERAL 2.3.1.1 The Construction Phase shail commence on the eariier of: (1) the Owners acceptance of the Construction Manager's Guaranteed Maximum Price proposal and issuance of a Notice to Proceed, or (2) the Owner's first authorization to the Construction Manager to: award a subcontract, or undertake construction Work with the AIA DOCUMENT AIAIZIICMC AND AGC DOCUMENT S65 - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA - COPYRIGHT 1991 - THE AMERICAN OF THIS ARCHITECTS, l?35 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006-5292 - AGC - COPYRIGHT 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, STRI-JET, N.W., D.C., 20006-5209. Unlicensed photocopying violates US. copyright laws and is subject to iegal prosecution. This document was electronically produced with permission ofthe AIA and can be reproduced without violation untit the date of expiration as noted below. Electronic Format A121/CMc~i99l User Document: AFBCM AIA License Number 114095, which expires on 81310000 Page #6 Construction Manager's own forces, or (0) issue a purchase order for materials or equipment required for the Work. 2.3.2 ADMINISTRATION 2.3.2.1 Manager--'s -own pemennel --s%-tall be --peFfermeel --ManaoLer-g -te--a4spee+al' ?er~thearm.' Lil Work_'t_g pg performed Construction Manager pursuant _tg this Agreement shallpe performed under Subcontracts other appropriate agreements heidplfi Construction Manager." 53 such Subcontracts _a_r;d agreements shallbe awarded_by_ accordance with Charter,_ rules and ordinances in effect?t_h? City Stamford _1:o_g public improvements including gt" limitation publication and public bid opening at the Office ofthe City of Stamford Purchasing Agent. The Construction Manager. Owneraid Architect shall__b_e representedit such public bid gig Subcontract(s) shall awarded hing accordance with _t.hg City Purchasing Ordinance._ After Subcontracts awarded Jg_u_t before ihg Owner jg authorize Construction Manager proceed gs provided i_n paragraph Construction Manager shall submit :3 Guaranteed Maximum Price proposal,. Upon m_e acceptance pf Guaranteed Maximum Price proposal_by_ execution if _a_n appropriate, provided herein Owner shall assign such Subcontracts _a_r1c_l their associated performance and payment bonds to the Construction Manager who shall in obtain _a_n_c;l provide performance __a_r3_c_l payment bonds_in_ the amount of the Guaranteed Maximum Price in favor of the Owner and in accordance with Article 8 hereof. The Owner shall assure that a_ll such Subcontracts_a_n_d performance and payment bonds are fully assignable to Construction Manager. Construction Manager shall assume all obligations of Owner pursuant such Subcontracts, aid Owner obtain a_n executed change orderjgy respective Subc0ntractor(s) whereby the Subcontractor(s) releases and waives any and all claims against Owner arising out relating _t_q the and agreeing and acknowledging that Construction Manager shall serve_ip_ the place and stead of Owner. Arrehiteet H9 -is --te --t-he Qwner by the- I l. '2 meu4 mow%w 2.3.2.3 Subcontracts and agreements with suppliers furnishing materials or equipment fabricated to a special design shall conform to the payment provisions of Subparagraphs 7.l.8 and 7.1.9 and shall not be awarded on the basis of cost plus a fee without the prior written_consent of the Owner. 2.3.2.4 The Construction Manager shall schedule and conduct meetings at which the Owner, Architect, Construction Manager and appropriate Subcontractors can discuss the status of the Work. The Construction Manager shall prepare and distribute meeting minutes. 2.3.2.5 after the Owner's acceptance of the Guaranteed Maximum Price proposal, the Construction Manager shall prepare a schedule in accordance with Paragraph 3.10 of AIA Document A201, including the Owner's occupancy requirements. 2.3.2.6 The Construction Manager shall provide written reports to the Owner and Architect on the progress of the entire Work. The Construction Manager shall maintain a daily log containing a record of weather, Subcontractors working on the site, number of workers, _W-erle accomplished, problems encountered and other similar relevant data as the Owner may reasonably require. The log shall be available to the Owner and Architect. 2.3.2.7 The Construction Manager shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Construction Manager shall identify variances between actual and MA DOCUMENT AIAIZIICMC AND AGC DOCUMENT 565 - OWNEERACONSTRUCTION MANAGER AGREEMENT - I991 AIA - COPYRIGHT 199! - THE AMERICAN INSTITUTE OF THE ARCHITECTS, H35 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 200066292 - AGC - COPYRIGHT 199i - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 STREET, N.W., WASHINGTON, D.C., 20006-5209. Unlicensed photocopying violates US. copyright laws and is subject to legal prosecution. This document was electronically produced with permission ofthe AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format User Document: AFBCM 9/711999. AIA License Number 114095, which expires on Page #7 estimated costs and report the variances to the Owner and Architect at regular intervals. Insert _2.3,2.8 The Construction Manager shail familiarize itself with _Cjjy _9_f Stamford Ordinances. Chapter 23, otherwise .known as, the purchasing ordinance_a_n_d abide byfi provisionspn behalf_9_f Owner. The Construction Manager shall familiarize itself withth_e provisions of the City of Stamford Charter Sections C3-30--i3 C8-50-5 relating to the prohibition of the expenditure_9_f_ funds jg excess pf appropriations CS-50-2 relating Contract Extras and Chance Orders, and shall abide by these behalf_9_f Owner, The Construction Managers is to itseif as required by the above. 2.4 PROFESSIONAL SERVICES The Construction Manager shail not be required to provide professional services which constitute the practice of architecture or engineering, uniess such services are specifically required by the Contract Documents for a portion of the Work or unless the Construction Manager has specifically agreed in writing to provide such services. In such event, the Construction Manager shall cause such services to be performed by appropriateiy licensed professionals. 2.5 UNSAFE MATERIALS In addition to the provisions of Paragraph 10.1 in AIA Document A202, if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a materiai or substance encountered but not created on the site by the Construction Manager, the Construction Manager shali, upon recognizing the condition, irnmediatety stop Work in the affected area and report the condition to the Owner and Architect in writing. The Owner, Construction Manager and Architect shail then proceed in the same manner described in Subparagraph 10.1.2 of AIA Document A201. The Owner shall be responsible for obtaining the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Construction Manager and, in the event such materiai or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Construction Manager and Architect the names and quatifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Construction Manager and Architect will reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Construction Manager or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Construction Manager and Architect have no reasonabie objection. ARTICLE 3 RESPONSIBILITIES 3.1 INFORMATION AND SERVICES 3.1.1 The Owner shall provide fuil information in a timely manner regarding the requirements of the Project, including a program which sets forth the Owners objectives, constraints and criteria, including space requirements and relationships, and expandability requirements, special equipment and systems, and site requirements. 3.1.2 The Owner, upon written request from the Construction Manager, shall furnish evidence of Project financing prior to the start of the Construction Phase and from time to time thereafter as the Construction Manager may request. Furnishing of such evidence shall be a condition precedent to commencement or continuation of the Work. 3.1.3 The Owner shali estabiish and update an overall budget for the Project, based on consultation with the Construction Manager and Architect, which shall inciude contingencies for changes in the Work and other costs which are the responsibility ofthe Owner. 3.1.4 STRUCTURAL AND ENVIRONMENTAL TESTS, SURVEYS AND REPORTS In the Preconstruction Phase, the Owner shail furnish the foilowing with reasonable promptness and at the Owner's expense, and the Construction Manager shall be entitled to rely upon the accuracy of any such information, reports, surveys, drawings and tests described in Ciauses 3.1.4.1 through 3.1.4.4, except to the extent that the Construction Manager knows of any inaccuracy: 3.1.4.1 Reports, surveys, drawings and tests concerning the conditions ofthe site which are required by law. 3.1.4.2 Surveys describing physicai characteristics, legal Iimitations and locations for the site ofthe Project, and a written Iegai description of the site. The surveys and iegal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights~of--way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning AIA DOCUMENT AIAIZIICMC AND AGC DOCUMENT 565 MANAGER AGREEMENT - I991 EDITION - AIA COPYRIGE-IT 199! -- THE AMERICAN INSTITUTE OF THE ARCHITECTS, 1733 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292 - AGC - COPYRIGHT - ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 195? STREET. N.W., WASHINGTON, D.C., 20006-S209. Uniiccnsed photocopying violates US. copyright laws and is subject to legal prosecution. This document was electronically produced with permission ofthe AIA and can be reproduced without violation until the date ofexpiration as noted below. Electronic Format User Document: AFBCM -- 9/7/1999. AIA License Number 114095, which expires on 8/31/2000 Page #8 available utility services and lines, both public and private, above and below grade, including inverts and depths. All information on the survey shall be referenced to a project benchmark. 3.1.4.3 The services of geotechnical engineers when such services are requested by the Construction Manager. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 3.1.4.4 Structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports which are required by law. 3.1.4.5 The services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Construction Manager. Insert B: _3.1.4.6 In the event any ofthe environmental tests, surveys and reports or other information reasonably requested by the Construction Manager 13 possession Owner gm reasonably obtainable in the Owner's iudgment without the assistance of mg Construction Manager, then at reduestpf the Owner, the Construction Manager shall arrange for such services as a portion of Construction Manager's basic services and shall be compensated jog such services gs _oj gig _with_ corresponding increase to the Guaranteed Maximum Price. 3.2 DESIGNATED REPRESENTATIVE The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. ordinances_ag_c_l_ provisions stated 3 Paragraph 2.3.2.8 above, _J:hj_s_1Phis representative shall have the authority to make decisions on behalf of the Owner concerning estimates and schedules, construction budgets, and changes in the Work, and shall render such decisions and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager. "_I'_llg Owner's Representative 3 Patriciag Broom. Director Operations or her designated appointee. 3.3 ARCHITECT The Owner shall retain an Architect to provide the Basic Services, including normal structural, mechanical and electrical engineering services, other than cost estimating services, described in the edition of AIA Document B141 current as of the date of this Agreement. is 1nodified_i__n"g form acceptablegg Construction execution_QL this Agreement, Construction Manager acknowledges that the Architects agreement_i?_ir1_ag acceptable form._The Owner shall authorize and cause the Architect to provide those Additional Services described in AIA Document B141 requested by the Construction Manager which must necessarily be provided by the Architect for the Preconstruction and Construction Phases of the Work. Such services shall be provided in accordance with time schedules agreed to by the Owner, Architect and Construction Manager. Upon request of the Construction Manager, the Owner shall furnish to the Construction Manager a copy of the Owner's Agreement with the Architect, from which compensation provisions may be deleted. 3.4 LEGAL REQUIREMENTS The Owner shall determine and advise the Architect and Construction Manager of any special legal requirements relating specifically to the Project which differ from those generally applicable to construction in the jurisdiction of the Project. The Owner shall furnish such legal services as are necessary to provide the information and services required under Paragraph 3.i. Nit foregoi1ig,tli_e Construction Manager represents that it has the experience in performing Connecticut School construction proiects jg accordance with the requirements of this agreement. acknowledge __ll compensation _to_ _b_e provided _Ln_ accordance _v_v_it_l1 Agreement, Change Orders, and payments to be made to the Construction Manager are subiect to the Chartergifthe City of Stamford as it pertains to public Ordinances Stamford (With specific references to_?_h_e City_o_f Stamford's Code pf Ordinances. Chapterfi, otherwise known gs "the Purchasing Ordinance," _the_ City Stamford Charter, Sections C8-SO-5 ad (35-50-2). AIA DOCUMENT AIAIZIICMC AND AGC DOCUMENT 565 MANAGER AGRIEEMENT I991 ISDITION - AIA - COPYRIGHT - THE AMERICAN INSTITUTE OF THE ARCIHTIECTS, 1735 NEW YORK AVENUE. N.W.. WASHINGTON, DC. 20006-5292 - AGC - COPYRIGI-IT I991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, :95? If STREET. N.W., WASHINGTON, D.C., 20006-5209. Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission ofthe AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format Al2l!CMc-1991 User Document: AFBCM -- 9/7/1999. License Number 114095, which expires on 8/31/2000 Page #9 ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES The Owner shall compensate and make payments to the Construction Manager for Preconstruction Phase services as follows: 4.1 COMPENSATION 4.1.1 For the services described in Paragraphs 2.1 and 2.2 the Construction Manager's compensation shall be calculated as follows: (State basis of cornpensation_ whether a s(ipuiatea' sum. of Direct Personnel actuai cost. ere. Inchide a statement of reimbursable cost items as amoiicabie.) actual staff hours expended bv the Construction Manager on the Proiect multiplied by the hourlv rates identified in Exhibit The Construction Manager's total compensation during the Preconstruction Phase shall not exceed 5544.500. 4.1.2 Compensation for Preconstruction Phase services shall be equitably adjusted if such services extend beyond from the date ofthis Agreement or ifthe originally contemplated scope of services is significantly modified. 4.1.3 if compensation is based on a multiple of Direct Personnel Expense, Direct Personnel Expense is defined as the direct salaries of the Construction Manager's personnel engaged in 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 benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 4.2 PAYMENTS 4.2.1 Payments shall be made following presentation of the Construction Manager's invoice and, where applicable, shall be in proportion to services performed. 4.2.2 - u-npaid-aEURter--the--date - . The City's terms of payment are Net 30 Days after approval of invoice. No invoice will be paid until acceptance ofgoods and services ordered. By the fifth (5th) day of each month, application for payment must be submitted by the Contractor to the City's designated field representative. for verification and approval of quantities apg costs incurred during said _p_a_v period. Only upon approval by designated representative will payment be forwarded f_or_ processing. (Insert rate of interest agreed upon(Usury laws and requirements under the Federa! Truth in Leriding Act. similar state and focal consumer credit Jaws and other reguiations at the Owner's and Construction Managers places of business. the iocarion of the Project and elsewhere may aflect the vaiidity of this provision. Legal advice shouid be obtained with respect to deletions or modifications. and also regarding requirements such as written disclosures or waivers.) ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES The Owner shall compensate the Construction Manager for Construction Phase services as follows: 5.1 COMPENSATION 5.1.1 For the Construction Manager's performance of the Work as described in Paragraph 2.3, the Owner shall pay the Construction Manager in current funds the Contract Sum consisting of the Cost of the Work as defined in Article 7 and the Construction Manager's Fee determined as follows: (State a Jump sum, percentage of actuai Cost of the Work or other provision for determining the Construction Manager's Fee. and ercpiain how the Construction Manager's Fee is to be changes in the Work.) mu MEgm@m &msuaammaaW%JaLhsm Lmaagsm@@aauM& Cost of the Work as defined in Article 6 olus a Construction Manager's Fee eoual to 2.85% of the estimated Cost of the Work. This 5.1.1.2 For changes in the Work which increase cost of the Work. the Construction Manager's Fee shall be increased bv 2.85% of the Cost of the Work associated with the change. For changes in the Work which decrease the Cost of the Work. the Construction Manager's fee shall be decreased by 2.85% of the cost of the work associated with the change. AIA DOCUMENT AIAIZUCMC AND AGC DOCUMENT S65 - MANAGER AGREEMENT - 1991 EDITION - AIA - COPYRIGHT i991 - THE AMERICAN INSTITUTE OF 'l'i'lE ARCHITECTS, 1735 NEW YORK AVENUE, WASHINGTON, DC. 20006-5292 -- AGC - COPYRIGHT I991 - THE GENERAL CONTRACTORS OF AMERICA, 195? STREET. N.W.. WASHINGTON. 20006-5209. Unlicensed photocopying violates US. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. course of the performance of the Work. in the event any savings are accrued or realized or as a result of the making or performance of anv construction contract. or if anv other cost saving is otherwise achieved. for any other reason the Construction not narticioate and savings shall be exclusively realized bv and accrued to the Owner. Construction Manager. its officers. employees. shareholders. subsidiaries and related companies shail be disqualified from bidding on or contracting to perform all or any part of the Work. including but not limited to furnishing of labor or materials directly or by sunnlementation. brokering or otherwise. Provided. however that if a contractor defautts in the performance of its duties. Construction Manager mav at its option. perform certain work uuhiuhgaimmsuhgdemmimd . . Construction Manager shall be exclusively compensated by the oavments as provided in Articles 4. 5 and 6 hereof. 5.2 GUARANTEED MAXWIUM 5.2.1 The sum of the Cost of the Work and the Construction Manager's Fee are guaranteed by the Construction Manager not to exceed the amount provided in the Guaranteed Maximum Price l'roposal, subject to additions and deductions by changes in the Work as provided in the Contract Documents. Such maximum sum as adjusted by approved changes in the Work is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Construction Manager without reimbursement by the Owner. (Insert specific provisions if the Construction Manager is to in any savings.) 5.3 CHANGES IN THE WORK 5.3.1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of Guaranteed Maximum Price Proposal, may be determined by any of the methods listed in Subparagraph 7.3.3 of AEA Document A201. 5.3.2 In calculating adjustments to subcontracts (except those awarded with the Owner's prior consent on the basis of cost plus a fee), the terms "cost" and "fee" as used in Clause 7.3.3.3 ofA1A Document A201 and the terms "costs" and "a reasonable allowance for overhead and profit" as used in Subparagraph 7.3.6 of AIA Document A201 shall have the meanings assigned to them in that document and shall not be modified by this Article 5. Adjustments to subcontracts awarded with the Owner's prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. 5.3.3 In calculating adjustments to the Contract, the terms "cost" and "costs" as used in the ab0ve<