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11/15/2010-CC-Agenda Packet-RegularAGENDA CITY COUNCIL MONDAY, NOVEMBER 15, 2010 7600 PM 502 ELM STREET 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). CONSENT AGENDA 3. a) Approval of Minutes: November 1, 2010 -City Council b) Disbursements 4. Consider any Items Removed from Consent Agenda. REGULAR AGENDA . Discuss, Consider and Possibly Act on Approving Resolution #Rl1-10-10 -Relating to Approving a Financing by the Sanger Cultural Education Facilities Finance Corporation for the Benefit of Clarewood House, Inc. and Related Matters. 6. Discuss, Consider and Possibly Act on Approving Ordinance #11-19-10 -Amending Article 4.000, Utility Related Fees of Appendix A "Fee Schedule" of the City of Sanger Code of Ordinances. 7. Discuss, Consider and Possibly Act on Approving Scope of Services Agreement with Dunkin Sims Stoffels, Inc. Covering the Development of the Sports Complex. 8. Discuss, Consider and Possibly Act on Approving Agreement With Dean Construction Regarding the Construction Manager at Risk (CMR) for the Construction of the Sports Complex and Keaton Road Improvements. 9. Discuss, Consider and Possibly Act on Approving Award of Contract to Dean Construction for the Construction ofthe Keaton Road Paving, Drainage and Utilities Improvements. 10. INFORMATION ITEMS a) Investment Report 11. Adjourn. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the general public at all times, and said notice was posted on the following date and time: �42010 at '30 in. and shall remain posted until meeting is adjourned. :, I Tami Taber, City Secretarynft v '�j' �... City of Sanger, Texas This facility is wheelchair accessible and di, essible,•parlung spaces are available. Requests for accommodations or interpretive services must be maid, 48 )i urs •prior ttr phis meeting. Please contact the City Secretary's office at (940) 458-7930 for further information: E;,�itsra `!�° s, �,o ' MINUTES: CITY COUNCIL MEETING November 1, 2010 PRESENT: Mayor Thomas Muir, Councilwoman Marjory Johnson, Councilman Russell Martin, Councilman Rusty Patton, Councilman Gary Bilyeu and Councilman Andy Garza OTHERS PRESENT: Tami Taber City Secretary, Kelli Alexander, Sam Alexander, Leonard Dodson, Stefani Dodson, Bobby Swan, Ronald Clarke, Ro Jeane Clarke, Malea Clarke, Shelly Savanich and Rodney Savanich ABSENT: Mike Brice City Manager 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order, led the Invocation followed by Councilman Martin leading the Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). _K_eili Alexander, Sam Alexander and Stephanie Dodson spoke about the animal shelter. CONSENT AGENDA 3. a) Approval of Minutes: October 18, 2010 -City Council b) Disbursements Councilman Martin made a motion to approve. Seconded by Councilman Patton. Motion carried unanimously. 4. Consider any Items Removed from Consent Agenda. None. REGULAR AGENDA 5. Discuss, Consider and Possibly Act on Ordinance #1149-10 -Amending Article 4.000, Utility Related Fees. Councilman Bilyeu made a motion to table this item. Seconded by Councilman Martin. Motion carried unanimously. P1 6. Discuss, Consider, and Possibly Approve Interlocal Agreement with Denton County for Library Services. Councilman Patton made a motion to approve with Vicky Elieson's name as the City representative/liaison. Seconded by Councilman Garza. Motion carried unanimously. 7. EXECUTIVE SESSION: CLOSED MEETING Pursuant to the Open Meetings Act, Chapter 551, the City Council will Meet in a Closed Executive Session in Accordance With the Texas Government Code: Section 551.072 (Deliberation regarding the purchase, exchange, lease or sale of real property for future expansion of certain programs and services) to discuss the following: (a) Deliberation Regarding Real Property (Section 551.072, Texas Government Code) - The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. City Council convened at 7:18 p.m. 8. RECONVENE: OPEN MEETING Council reconvened at 7:24 p.m. No action taken. 9. INFORMATION ITEMS a) ATMOS Rider GCR-Rate Filing Under Docket No. 9762 10. Adjourn. Mayor Muir adjourned the meeting. P2 10/12/2010 4:38 PM PACKET: 103612 Direct Payables/TMRS VENDOR SET: 99 AP VENDOR SET BANK: POOL POOLED CASH ACCOUNT DIRECT PAYABLES CHECK REGISTER CHECK CHECK VENDOR I.D. NAME TYPE DATE -------------------------------------------------------------------------- 00100 TMRS I-201010123501 TMRS SEPT 2010 DEDUCTIONS R 10/12/2010 * * BANK T OTAL S * * NO# REGULAR CHECKS: 1 HANDWRITTEN CHECKS: 0 PRE -WRITE CHECKS: 0 DRAFTS: 0 VOID CHECKS: 0 NON CHECKS: 0 CORRECTIONS: 0 BANK TOTALS: 1 PAGE: 1 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT --------------------------------------------------- 25,829.94 094522 25,829.44 DISCOUNTS CHECK AMT TOTAL APPLIED 0.00 25,824*44 25,824.44 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 25,624.44 25,824.44 10/29/2010 10:07 AM A / P CHECK REGISTER PAGE: 1 PACKET: 03647 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 02610 HD SUPPLY, INC I-1562875-00 BATTERIES FOR GATOR R 10/29/2010 238.000R 044673 238.00 19490 JAVELINA MECHAN SERVICES, INC. I-9359 2 BLOWERS R 10/29/2010 7,000.00CR 044674 7,000.00 01490 LAWN LAND, INC. I-274236 AIR & FUEL FLTRS CHAIN SA R 10/29/2010 181935CR 044675 181.35 01570 LOWE'S COMPANIES, INC. I-67532 HOSE,REEL,NOZZLE,MISC R 10/29/2010 188.31CR 044676 188.31 08870 NORTHERN TOOL I-22607001 NORTHERN TOOL R 10/29/2010 479.99CR 044677 479.99 02690 TECHLINE, INC. I-1446331-00 TRANSFORMERS R 10/29/2010 31975.00CR 044678 j I-1446873-00 TRIPLE 7' ANCHOR R 10/29/2010 2,940.000R 044678 6,915.00 i * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 6 0.00 15,002.65 15,002965 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 6 0.00 15,002.65 15,002.65 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 11/05/2010 8:10 AM A / P CHECK REGISTER PAGE: 1 PACKET: 03669 Regular PaymentsCM VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT VENDOR NAME / I.D. DESC TYPE DATE 18100 AMERICAN MUNICIPAL SERVICES I-6805 SEPT BAD DEBT COLLECTION R 11/05/2010 57.03CR 044759 57.03 04050 CURTIS AMYX I-201011023557 TPCIS CONF MEALS R 11/05/2010 125.00CR 044760 125.00 11670 CHEM-SERV, INC I-079345 WASP & HORNET KILLER R 11/05/2010 243.80CR 044761 243.80 00600 CITY OF SANGER R 11/05/2010 45.0OCR 044762 45.00 I-201011033586 FILING FEES 21100 COLEMAN LAW FIRM I-201011023553 OCT 2010 R 11/05/2010 900.00CR 044763 900.00 00640 COMMERCIAL SERVICES I-201011023552 NOV 2010 ICE MACHINE LEAS R 11/0S/2010 400.00CR 044764 400.00 22610 COMPRESSED AIR SYSTEMS /OS/2010 434.83CR 044765 434.83 I-17799 SHOP AIR COMPRESSOR REPAI R 11 f 50 CONTINENTAL RESEARCH CORP I-342298-CRC-2 MELT AWAY,CHEST PACK SPRE R 11/05/2010 494.00CR 044766 494.00 f 22420 CRASH DYNAMICS I-1838 POCKET ZONE UPGRADE R 11/05/2010 399.0OCR 044767 399.00 E 11570 CULLIGAN R 11/OS/2010 I-06788435 WATER LEASE 41.50CR 044768 41.50 E 03800 DEMCO 154.85 I-4014632 LIBRARY SUPPLIES R 11/05/2010 154.85CR 044769 i 14.900 DENTON MUNICIPAL UTILITIES I-201011023559 SEPT BACTERIOLOGICAL TEST R 11/05/2010 120.00CR 044770 120.00 00850 DENTON RECORD -CHRONICLE I-201011023561 SUBSCRIPTION R 11/05/2010 193.40CR 044771 193.40 18190 DEPARTMENT OF INFORMATION RESOURCE R 11/05/2010 62.86CR 044772 62.86 I-10080948T AUG 2010 PAGE: 2 11/O5/2010 6:10 AM A / P CHECK REGISTER PACKET: 03669 Regular PaymentsCM VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT VENDOk NAME / I.D. DESC 17640 DOLLAR GENERAL - CHARGED SALES I-105948 SAFE SPOOK CANDY I-105978 HOLLOWEEN CANDY 22400 REECE DUNN I-201011023556 CRIME SCENE SEARCH -MEALS 22600 ETS Z-OOOA4197 CREDIT CARD IMPRINTER 20980 EXPRESS SERVICES, INC. I-98953402-9 10/17 19270 FAMILY DOLLAR I-105765 CLEANING SUPPLIES I-105963 CLEANING SUPPLIES/COFFEE 18790 FUELMAN j I-NP26893791 FUEL 9/27 - 10/3 ' Z-NP26959140 FUEL 10/4 - 10/10 I-NP27032065 FUEL 10/11 - 10/17 i E ��570 KATIE GRIFFIN I-201011023560 GFOAT CONF 11/17 - 11/19 4 i 19460 HUTHER & ASSOCIATES, INC I-34394 MONTHLY TESTING 20220 INGRAM I-59789611 B BOOKS E I-54810843 8 BOOKS I (, 08680 LOCKE SUPPLY I-106008 SEWAGE EJECTOR PUMP 17900 LOWER COLORADO RIVER AUTHORITY I-LB78059 WATER TESTS 9/29/10 22540 MUNICIPAL WATER 470RKS SUPPLY, LP I-0063567 4" METERS i' 16760 MYRICKS INDIAN CAR WASH I-201011023554 CAR WASH TICKETS CHECK CHECK TYPE DATE R 11/OS/2010 R 11/05/2010 R 11/05/2010 R 11/OS/2010 R 11/OS/2010 R 11/OS/2010 R 11/05/2010 R 11/OS/2010 R 11/OS/2010 R 11/OS/2010 R 11/OS/2010 R 11/O5/2010 R 11/O5/2010 R 11/OS/2010 R 11/O5/2010 R 11/OS/2010 R 11/O5/2010 R 11/OS/2010 CHECK DISCOUNT AMOUNT NO# 20.00CR 094773 54.000R 044773 50.00CR 044774 63.74CR 044775 2,382.42CR 044776 49.25CR 044777 49.99CR 044777 1,999.61CR 094778 1,838.61CR 044778 2,319.97CR 044778 105.000R 044779 540.000R 049780 52.56CR 094781 10.89CR 044781 244.91CR 044782 639.00CR 044783 2,086.B8CR 044784 700.000R 049785 CHECK AMOUNT 74.00 50.00 63.74 2,382.42 99.24 6,158.19 105.00 540.00 63.95 244.91 639.00 2,086.88 700.00 �� • 11/05/2010 8:10 AM A / P CHECK REGISTER PACKET: 03669 Regular PaymentsCM VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE 19500 NAPA AUTO PARTS 1-229426 VALVES R 11/05/2010 08690 O'REILLY AUTO PARTS I-201011023555 FILTERS & WIRE R 11/05/2010 I-260038 GENERATOR BATTERIES R 11/05/2010 I-260767/260214 MISC PARTS R 11/05/2010 1-260838 ELECT CONNECTORS R 11/05/2010 10120 OFFICE DEPOT CREDIT PLAN I-10100501408048 HIGH PERFORM ROUTER R 11/05/2010 I-53811SB28001 OFFICE SUPPLIES R 11/O5/2010 I-538116280001 OFFICE SUPPLIES R 11/05/2010 1-538116281001 OFFICE SUPPLIES R 11/05/2010 08540 PHYSIO-CONTROL, INC. I-1110839E USB CABLE R 11/05/2010 i 02120 QUILL, INC. I-8670105 OFFICE SUPPLIES R 11/05/2010 `20 RICOH AMERICAS CORP. 1-410284747 COPIER MAINT AGREEMENT R 11/05/2010 1-410288052 COPIER MAINT AGREEMENTR 11/05/2010 E I 11170 RICOH AMERICAS CORP:QDS I-17931365 COPIER LEASE R 11/05/2010 I 22160 SANGER FIRE ASSOCIATION I-50085980 PVC,GLUE R 11/O5/2010 d' r 02260 SS TELEMETRY I-8564 REPAIRS TO SOUTH CLARIFIE R 11/O5/2010 17400 PRECIOUS STAFFORD I-102210 10/4/10 R 11/05/2010 18620 STERICYCLE I-9002074152 BIO PICK UP R 11/05/2010 16620 SUNSHINE FILTERS I-101630 FILTERS FOR BLOWERS R 11/O5/2010 I-201011033588 SHIPPING ON INV# 101630 R 11/05/2010 PAGE: 3 CHECK DISCOUNT AMOUNT NO# 182.61CR 044766 160.54CR 044787 196.28CR 044787 34.24CR 0447B7 8.99CR 044787 149.99CR 044788 55.99CR 044788 42.95CR 044788 13.99CR 044788 167.45CR 044789 14.35CR 044790 320.SSCR 044791 478.68CR 044791 205.33CR 044792 13.41CR 044793 180.00CR 044794 137.50CR 044795 3.55CR 044796 289.80CR 044797 57.99CR 044797 CHECK AMOUNT 182.61 900.05 262.92 167.45 799.23 205.33 13.41 180.00 137.50 3.55 397.79 P7 11/05/2010 8:10 AM A / P CHECK REGISTER PACKET: 03669 Regular PaymentsCM VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE 12460 SUPREME PARTS WASHERS I-S18964 QTRLY SERVICE PARTS WASHE R 11/05/2010 18400 TECH SERV CONSULTING & TRAINING, LTD. I-20100599 ENGINEERING FOR SUDDENLIN R 11/05/2010 I-201011033589 TECH SERV CONSULTING & TRAININ R 11/05/2010 21260 TEXAS DEPARTMENT OF STATE HEALTH SERVICES I-201011023558 2YR LICENSE - R KINNEY R 11/05/2010 19260 TYLER TECHNOLOGIES I-177375 12MO MONTHLY INSITE/WEB R 11/05/2010 I-177376 12MO MONTYLY FEE R 11/05/2010 I-2363 ANNUAL HARDWARE AGRMT R 11/05/2010 I-3324 ANNUAL AGREEMENT R 11/05/2010 11430 USA BLUEBOOK, INC. I-217267- SHIPPING R 11/O5/2010 TOTAL ERRORS: 0 ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 PAGE: 4 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 150.00CR 044798 150.00 9,150.SOCR 044799 1,064.00CR 044799 10,214650 111.00CR 044800 111.00 110.00CR 044801 125.00CR 044801 365.20CR 044801 417.90CR 044801 1,018.10 19.35CR 044802 19.35 NO# DISCOUNTS CHECK AMT TOTAL APPLIED qq 0.00 31,055.19 31,055.19 p 0000 0.00 0.00 p 0.00 0.00 0.00 p 0.00 0.00 0.00 p 0.00 0.00 0.00 p 0.00 0.00 0.00 p 0.00 0.00 0.00 qq 0.00 31,055.19 31,055.19 11/09/2010 9:38 AM DIRECT PAYABLES CHECK REGISTER PACKET: 03699 Direct PayablesCM VENDOR SET: 99 AP VENDOR SET BANK: POOL POOLED CASH ACCOUNT VENDOR I.D. NAME 18430 FIRST UNITED BANK I-175-20643125 AEP OCT 2010 18430 FIRST UNITED BANK I-201011093605 BRAZOS 9/21 - 10/20. 05510 IESI I-OCT2010 OCT 2010 PAGE: 1 CHECK CHECK CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT TYPE DATE ----------------------------------------- ** B A N K T O T A L S ** NO# REGULAR CHECKS: 3 HANDWRITTEN CHECKS: 0 PRE -WRITE CHECKS: 0 DRAFTS: 0 VOID CHECKS: 0 NON CHECKS: 0 CORRECTIONS: 0 BANK TOTALS: 3 R 11/09/2010 R 11/09/2010 R 11/09/2010 DISCOUNTS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 319,640.16 044806 319,640.16 10,524.72 044607 10,529.72 CHECK AMT 375,234,07 0.00 0.00 0.00 0.00 0.00 0.00 375,234.07 45,069.19 044808 45,069.19 TOTAL APPLIED 375,234.07 0.00 0.00 0.00 0.00 0.00 0.00 375,234.07 PAGE: 1 11/09/2010 8:59 AM PACKET: 03698 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT VENDOR NAME / I.D. DESC 00100 TMRS C-RET201010223531 TMRS I-RET201010063462 TMRS I-RET201010203527 TMRS I-RET201010223530 TMRS TOTAL ERRORS: 0 i A / P CHECK REGISTER ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 CHECK CHECK TYPE DATE CHECK DISCOUNT AMOUNT NO# CHECK AMOUNT R 11/09/2010 147.96 049805 R 11/09/2010 121718.15CR 044805 R 11/09/2010 12,744.18CR 044805 R 11/09/2010 145.01CR 044805 25,459.38 NO# DISCOUNTS CHECK AMT TOTAL APPLIED 1 0.00 25,459.38 25,459.38 p 0.00 0.00 0.00 p 0.00 0.00 0.00 p 0.00 0.00 0.00 p 0.00 0.00 0.00 p 0.00 0.00 0.00 p 0.00 0.00 0.00 1 0.00 25,459.38 25,959.38 P10 COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable ❑Yes Not Applicable Council Meeting Date: November 15, 2009 Submitted By: Mike Brice City Manager Reviewed/Approval Initials Date ACTION REQUESTED: []ORDINANCE ® RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Consider, Discuss and Possibly Act on a Resolution #Rl 14040 Approving a Financing by the Sanger Cultural Education Facilities Finance Corporation for the Benefit of Clarewood House, Inc., and Related Matters. FINANCIAL SUMMARY ®N/A [:]GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM As with the others that we have done, the City again has no financial obligation in this agreement and simply serves as a conduit and will receive $10,000 for acting as the conduit. STAFF OPTIONS & RECOMMENDATION Staff recommends approval. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: P11 RESOLUTION 9R114040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANGER, TEXAS: WHEREAS, the Clarewood House, Inc. wishes to secure tax exempt financing for their upcoming project, WHEREAS, the City of Sanger has established a Cultural Education Facilities Finance Corporation to allow such non-profit entities to secure tax exempt financing; WHEREAS, securing tax exempt financing does not create any financial obligation for the City of Sanger; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF BANGER, TEXAS: That. the City Council hereby approves financing by the Sanger Cultural Education Facilities Finance Corporation for the benefit of the Clarewood House, Inc. PASSED AND APPROVED by the City Council of the City of Sanger, Texas on this the Tday of November 2010. Thomas Muir, Mayor ATTEST: Tami Taber City Secretary P12 geh EXAS COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable ❑ Yes ❑ Not Applicable Council Meeting Date: November 15, 2010 Submitted By: Mike Brice City Manager Reviewed/Approval Initials -❑ Date ACTION REQUESTED: ®ORDINANCE #11-19-10 ❑ RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Discuss, Consider, and Possibly Act on Proposed Amendments to Article 4.000, Utility Related Fees of Appendix A "Fee Schedule" of the Code of Ordinances of the City of Sanger, Texas. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS [']OPERATING EXPENSE [:]REVENUE ❑CIP [:]BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM As discussed during the budget process and at the preceding work session, water and wastewater fees do not generate sufficient revenues to cover expenses. Staff recommends raising these fees gradually over the next few years to get them in the black and to begin generating revenues for future improvements. These increases will result in about a 7% increase for residential customers or around $2.00 per month. STAFF OPTIONS & RECOMMENDATION List of Supporting Documents/Exhibits Attached: • Ordinance #114940 Utility Related Fees Prior Action/Review by Council, Boards, Commissions or Other Agencies: • None P13 P14 ORDINANCE 11-19-10 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING ARTICLE 4.000 OF APPENDIX A "FEE SCHEDULE" OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, AMENDING ARTICLE 4.000 UTILITY RELATED FEES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Article 4.000, Appendix A "Fee Schedule" of the Code of Ordinances, City of Sanger, Texas, is hereby amended to read as follows: ARTICLE 4.000 UTILITY RELATED FEES Division 4.100 Generally Sec. 4.101 Utility Reconnection Fees Service maybe discontinued, upon ten days written notice to customers having past due bills on the twenty-seventh day of the month of billing. In addition, a thirty dollar ($30.00) service fee will be assessed to all water [customers] and a thirty dollar ($30.00) service fee will be assessed to all electric customers whose service bill has not been paid by the twenty-seventh of the month of billing, whether the service has been disconnected or not. . Sec. 4.102 Tampering Fee In the event the user or customer or his agent restores water services or electric services after service has been disconnected by the city, or the user or customer or his agent tampers with the water meter or the electric meter or service line appurtenances in any manner, based on the best estimated time that tampering occurred, an average kwh usage fee will be charged. All vehicle, man-hours and equipment replacement costs will also be charged. A tampering fee of two hundred dollars ($200.00) shall be collected in addition to the reconnect fees. Sec. 4.103 Utility Service Fees (a) Utility Service Fee. To a customer that has requested water service be connected and are not present at time of connect, and there is an issue not allowing services to be left on, thus causing an additional service trip for reconnect: $20.00. (b) After -Hours Utility Service Fee. To a customer who request a utility service connection or disconnection after 4:30 p.m where the connection or disconnection is due to no fault of the city, will be charged a service fee of $50.00 in addition to the $30.00 reconnect fee on each service. P15 Division 4.2Uu Solid Waste Sec.4.201 Reserved Sec. 4.202 Collection Fees (a) Residential Customers. Two pickups per week: Actual cost plus $2.00 administrative fee. (b) Commercial Customers. One pickup per week, maximum one 96-gal. container: Actual cost plus $2.00 administrative fee. (c) Container Services. (1) .Three-yd. containers. (A) One pickup per week: Actual cost plus $2.Q0 administrative fee. (B) Two pickups per week: Actual cost plus $2.00 administrative fee. (C) Extra pickup: Actual cost plus $2.00 administrative fee. (2) Four-yd. containers. (A) One pickup per week: Actual cost plus $2.00 administrative fee. (B) Two pickups per week: Actual cost plus $2.00 administrative fee. (C) Extra pickup: Actual cost plus $2.00 administrative fee. (3) Six-yd. containers. (A) One pickup per week: Actual cost plus $2.00 administrative fee. (B) Two pickups per week: Actual cost plus $2.00 administrative fee. (C) Extra pickup: Actual cost plus $2.00 administrative fee. (4) Eight-yd. containers. (A) One pickup per week: Actual cost plus $2.00 administrative fee. (B) Two pickups per week: Actual cost plus $2.00 administrative fee. (C) Three pickups per week: Actual cost plus $2.00 administrative fee: (D) Extra pickup: Actual cost plus $2.00 administrative fee, P16 (5) Thirty-yd. containers. (A) Commercial user. (1) Rent: Actual cost plus $2.00 administrative fee. Delivery: Actual cost plus $2.00 administrative fee. Each pickup: Actual cost plus $2.00 administrative fee. ice.4.203 Reserved Sec. 4.204 Fee for Removal of Illegally Dumped Refuse on Private Property A charge of twenty-five dollars ($25.00), over and above the actual cost of removal, for each collection and removal of solid waste materials shall be levied, assessed and collected against such property each time such collection and removal of solid waste materials shall be performed, provided that an additional charge can be levied, assessed and collected against such premises for the actual additional cost for said collection and removal. The charges provided for herein shall be levied, assessed and collected by the city, and if any person shall fail to pay such charges so assessed within thirty (30) days after proper notice, the city will file with the county cleric a statement setting out the expenses that the city has incurred pursuant to the provisions of this section, and the city shall thereby perfect a privileged lien on the property involved, second only to tax liens and liens for street improvements, to secure the expense to the city, together with ten (10) percent interest from the date such payment is due. Division 4.300 Water and Sewer Sec. 4.301 Residential Water Service Connections (a) The city shall install, or cause to be installed and maintain all water service connections in the streets, alleys and easements. All interruptions of water service to any and all customers shall be made under the direct supervision of the city water department before such interruption is made. Any person, firm or corporation found interrupting water service without city supervision shall be in violation of this section and shall be subject to fines and penalties in accordance with the general penalty provision set forth in Section 1.109 of this code. (b) The city shall charge for the installation and maintenance of all such connections a sum sufficient to cover the average cost thereof. Such sum is to be determined and collected by the utility department and shall be at the following rates: Tap charges for sizes up to 1" $2,000.00 Additional meter for sprinkler system $350.00 Charge for meter, box and connections Actual cost + $500.00 refundable deposit against damage during construction Charge for water connect fees (user fee) $30.00 Charge for service interruption supervision $35.00 P17 (c) All water services for construction purposes shall be metered and subject to the same regulations and billings as permanent water accounts. Editor's note -The charge for the water connect fees was changed at the request of the city. Sec. 4.302 Residential Sanitary Sewer Service Connections The city shall install all sanitary sewer service connections in the streets, alleys and easements both inside and outside the city limits. Said service connections shall be installed from the main to the property line when the sewer main is located in an alley or a street right-of-way; if the sewer main is in an easement, the service connection shall be installed from the sewer main to the easement boundary line. The city shall charge two thousand dollars ($2,000.00) for each connection. Sec. 4.303 Commercial Water Service Connections (a) The city shall install, or cause to be installed and maintain all water service connections in the streets, alleys and easements. All interruptions of water service to any and all customers shall be made under the direct supervision of the city water department before such interruption is made. Any person, firm or corporation found interrupting water service without city supervision shall be in violation of this section and shall be subject to fines and penalties in accordance with the general penalty provision set forth in Section 1.109 of this code. (b) The city shall charge for the installation and maintenance of all such connections a sum sufficient to cover the average cost thereof Such sum is to be determined and collected by the utility department and shall be at the following rates: (1) Duplexes. Tap charges for all sizes up to 2" - $350.00 Plus $1,650.00 for each habitable unit Tap charges for each additional inch over 2" $100.00 Plus $1,650.00 for each habitable unit (2) Apartments. Tap charges for all sizes up to 2" $350.00 Plus $1,650.00 for each habitable unit Tap charges for each additional inch over 2" $100.00 Plus $1,650.00 for each habitable unit (3) Motels. Tap charges for all sizes up to 2" Plus $300.00 for each habitable unit Tap charges for each additional inch over 2" his $300.00 for each habitable unit $350.00 (4) All Other Commercial. The following USE shall apply to all other commercial taps: Up to 1" line $2,000.00 1-1/2" $25500.00 2" line $31000800 3" line $35600.00 4" line $4,300.00 6" line $53700.00 8" line $65900.00 Charge for meter, box and connections against damage during construction Charge for water connect fees (user fee) Charge for service interruption supervision Actual cost + $500.00 refundable deposit $30.00 $35.00 Editor's note -The charge for the water connect service fees was changed at the request of the city. (c) All water services for construction purposes shall be metered and subject to the same regulations and billings as permanent water accounts. (d) All meters and meter boxes shall be supplied by the city. In the event that a meter and meter box is installed by the developer, the meter and box charge will be reduced ten dollars ($10.00). Sec. 4.304 Commercial Sanitary Sewer Service Connections (a) The city shall install all sanitary sewer service connections in the streets, alleys and easements both inside and outside the city limits. Said service connections shall be installed from the main to the property line when the sewer main is located in an alley or a street right-of-way; if the sewer main is in an easement, the service connection shall be installed from the sewer main to the easement boundary line. (1) Duplexes. Tap charges for all sizes up to 4" Plus $1,600.00 for each habitable unit Tap charges for each additional inch over 4" Plus $1,600.00 for each habitable unit $400.00 $100.00 (2) Apartments. Tap charges for all sizes up to 4" Plus $1,600.00 for each habitable unit Tap charges for each additional inch over 4" Plus $1,600.00 for each habitable unit (3) Motels. Tap charges for all sizes up to 2" Plus $400.00 for each habitable unit Tap charges for each additional inch over 2" Plus $400.00 for each habitable unit $400.00 $400.00 $100.00 (4) All Other Commercial. The following list shall apply to all other commercial taps: 4" line $ 2,000.00 6" line $ 33500900 8" line $ 6,500.00 10" line $ 8,750.00 12" Line $10,000.00 (b) Service lines that require the cutting or boring of paved streets or alleys will be subject to an additional charge based on the actual cost for such bores or cuts necessary for installation. (c) The property owner shall install a service line, with clean -out fitting at his or her expense to the city's lateral, in accordance with city regulations and subject to the inspection of the city and shall hereafter be responsible for normal maintenance of said service line from the structure to the property line. Sec. 4.305 Crediting of Collections (a) All water funds collected in excess of established costs shall be deposited in a separate account for new storage facilities, new pump stations, purchase of easements or main trunk lines and disbursed only after specific approval by the city council. (b) All sewer funds collected in excess of established costs shall be deposited in a separate account for the new sewer plant, additions to sewer plant, purchase of easements or main trunk lines to plant and disbursed only after specific approval by the city council. Sec. 4.306 Water Service Rates P20 (a) The rates to be charged by the city for water services for residential customers are hereby established as set forth below: $17.00 minimum per unit served for $2.85 per thousand gallons $3.15 per thousand gallons $3.70 per thousand gallons $4.75per thousand gallons 0-1,000 gallons 1,001-4,999 gallons 5,000-14,999 gallons 15,000-29,999 gallons 30,000+ gallons (b) The rates to be charged by the city for water services for commercial customers are hereby established as set forth below: $21.00 minimum per unit served for $3.35per thousand gallons $3.65per thousand gallons $3.95per thousand gallons $4.85 per thousand gallons 0-1,000 gallons 1,001-4,999 gallons 5,000-14,999 gallons 15,000-29,999 gallons 30,000+ gallons (c) Multifamily Dwellings. Where multifamily dwellings are served by a single water service line, the total water usage will be divided by the number of occupied units. The bill calculated from the per unit usage derived therefrom shall be multiplied by the number of occupied units to determine the amount due. It shall be the responsibility of the owner or manager to notify the city by the 20th of each month on what the occupied count is for the month. If the City is not notified by the 20th of the month, then the highest count in the last twelve months will be used to calculate the bill. (d) Multiunit Commercial Structures. Where existing commercial tenants are served by a single water meter, the total water usage will be divided by the number of tenants, the bill calculated from the per tenant usage derived therefrom shall be multiplied by the number of tenants to determine the amount due. The minimum per unit charge will be $14.50 for 0-1,000 gallons. No new multi -unit connections will be allowed. In all new or newly divided commercial buildings each tenant space shall be required to have its own water meter. (e) Manufactured Home Parks. Where manufactured home parks are served by a single water service line, the total water usage will be billed to the owner of the park based on the number of occupied units. The bill calculated from the per unit usage derived therefrom shall be multiplied by the number of occupied units to determine the amount due. It shall be the responsibility of the park owner or manager to notify the city by the 20th of each month on what the occupied count is for the month. If the City is not notified by the 20th of the month, then the highest count in the last twelve months will be used to calculate the bill. Sec. 4.307 Sewer Service Rates The rates to be charged by the city for sanitary sewer service are hereby established as follows: P21 (1) Residential -Class A. Class A customers shall include all residential type users including, but not limited to, single-family residences, apartment units, trailer court units, duplexes, or any other service primarily intended for domestic or residential use. The city may include similar low volume users such as churches and small business offices or stores in Class A. All Class A customers of municipal wastewater facilities will be charged a minimum of eighteen dollars ($18.00) per monthly cycle and two dollars and fifty cents ($2.50) per thousand gallons of metered water in excess of the first one thousand (1,000) gallons and two dollars and seventy-five cents ($2.75) for water in excess of 10,000 gallons, but in no case to exceed fifty dollars ($50.00) per month. (2) Commercial -Class B. Class B customers shall include commercial users such as, but not limited to, restaurants, cafes, carwashes, schools, hospitals, nursing homes, offices, hotels, motels, laundries, grocery stores, department stores, and other commercial business operations as may be identified as not a Class A type user. All Class B customers of municipal wastewater facilities shall be charged the following rates for the monthly facilities charge and two dollars twenty five cents($2.25) per thousand gallons of metered water in excess of the first one thousand (1,000) gallons and two dollars and fifty cents ($2.50) for water in excess of 10,000 gallons. 3/4"-meter $26.50 1 "-meter $29.15 1-1/2"-meter $33.00 2"-meter $40.15 3"-meter $49.50 4"-meter $91.85 6"-meter $122.10 8"-meter $161.15 (3) Multifamily Dwellings. The amount due for multifamily dwellings shall be the Class A rate multiplied by the number of occupied dwelling units as computed for water that month. (4) Manufactured Home Parks. The amount due for manufactured home parks shall be the Class A rate multiplied by the number of occupied dwelling units as computed for water that month. (5) Multiunit Commercial Structures. Where commercial tenants are served by a single water meter, the total water usage will be divided by the number of tenants, the bill calculated from the per tenant usage derived therefrom shall be multiplied by the number of tenants to determine the amount due. The minimum per unit charge will be $18.00. (6) Customers without city water service will be charged $45.00 per month. Sec. 4.308 Water and Sewer Deposit (a) Each individual, person, business, firm or corporation making application for a connection to provide service by the city waterworks and sanitary sewer system shall provide a deposit prior -to receiving service in the applicable amount as follows: Residential deposit Multi -property residential deposit* Large volume user deposit salons, pet groomers, etc.) Commercial deposit Mobile water meter deposit $100.00 $100.00 $200.00 (including but not limited to restaurants, hair $100.00 13000900 *To qualify, the individual or company must not have been late on any payments for any properties within the last twelve (12) months. (b) Upon termination of service, the amount of deposit will be credited to the customer's final bill except for multi -property residential deposits which will only be credited when the final account is closed. Division 4.400 Electric Sec. 4.401 Electric Deposits (a) Each individual, person, business, firm or corporation making application for a connection to provide electric service shall provide a deposit prior to receiving service in the applicable amount as follows: *Residential deposit $200.00 **Multi -property residential deposit $200.00 Small commercial deposit $200.00 Large commercial deposit MOM (b) Upon termination of service, the amount of deposit will be credited to the customer's final bill. (c) Electric Deposit Refunds. When a residential or commercial customer has paid twelve (12) consecutive billings without having service disconnected for nonpayment and without having any delinquent bills and is not currently delinquent on their bill, Sanger Electric will refund the electric deposit by applying the amount of deposit on electric service to the customer's first billing following the twelve-month period. * Residential Deposits. An acceptable letter of credit from a recognized utility company for the current previous twelve (12) months shall be accepted in lieu of a deposit. Such letter must state that the customer has an acceptable payment record. Temporary service for cleanup or a remodel will be subject to a thirty -day maximum and will not require a deposit. P23 * * To qualify for the multi -property residential deposit, the individual or company must not have been late on any payments for any properties within the last twelve (12) months. Multi -property residential deposits will only be credited when the final account is closed. Sec. 4.402 Electric Service Connections Electrical service connection fees shall be as follows: (1) Service Fee. For all new customers and any customer moving within the system: $30.00. (2) Temporary Service Fee. Paid upon request for service by a contractor for a remodel or landlord: $30.00 each service. Temporary service is only good for thirty (30) days. (3) Service Fee. To customer who is disconnected for nonpayment or who has not paid by the end of business on the 27th and reconnected, or customer requesting disconnect and reconnect for remodeling or upgrading electrical wiring: $30.00 each service. (4) Three Phase Service Fee. For new installation upgrading of existing service, or reconnect: $90.00. Sec. 4.403 Residential Electric Rate (a) Availability. To any customer for electric service used for residential purposes in individual, private dwellings and in individually -metered apartments supplied at one point of delivery and measured through one meter. (b) Type of Service. Service shall be single phase at 60 cycles and standard secondary voltages. (c) Rate. (1) Facilities Charge: $10.00 per month. (2) Energy ('harge: $0.1175 per kwh. (3) Minimum Bill: $10.00 per month. Sec. 4.404 Commercial Electric Rate (a) _ Availability. To commercial customers for all uses when service is taken through one meter at a single point of delivery. Not applicable to resale or breakdown service. (b) Type of Service. Service shall be single or three phase at 60 cycles and any standard voltages available from the distribution system and through one standard transformation. When entire service cannot be measured at one utilization voltage with one standard type meter, it will - be measured at primary voltage. (c) Rate. (1) Facilities Charge: $16.00 per month. (2) Energy Charge: $0.12 per kwh. (3) Minimum Bill: $16.00 per month. Sec. 4.405 Large Industrial Electric Rate (a) Availability. To any customer for electric service supplied at one point of delivery and measured through one meter. This applies to all customers with usage ofl 0,000,000 KWH or more per year. (b) Rate. (1) Facilities charge: $35.00. (2) Energy charge: $0.105. Sec. 4.406 Security/Guard Light Rates (a) 150W H.P.S.: $15.00per month. (b) 400W H.P.S. directional floodlight: $35.00 per month (c) 1,000W metal halide floodlight: $70 per month Sec. 4.407 ERCOT Mandated Charges (a) Various charges imposed by the Energy Reliance Council of Texas (ERGOT) and adjusted periodically shall be added or deducted from Lite above rates at the actual cost to the City. Sec. 4.408 Electric Service Switchover (a) Disconnection Fee for Transfer of Service. Disconnection fee for transfer of service is made when customer who is receiving permanent electric service from either electric utility company request in writing transfer of such service to the other electric utility. Prior to disconnecting electric service to transfer such service to another electric utility, the customer must pay the company for all amounts owed to that company. That company must issue a receipt to customer upon payment of all amounts owed company which includes: (1) A disconnect charge of one hundred dollars ($100.00) to residential customers to remove meter and service based upon the average direct labor acid vehicle costs of disconnecting customer. The charge to nonresidential customers for normal installations is also one hundred dollars ($100.00), but if special metering facilities are to be removed, the charge is increased to cover this additional cost. P25 (2) The total cost of any distribution facilities rendered idle and not usable elsewhere on company's system, based upon the original cost of such facilities less depreciation and net salvage. (3) Charges for electric service through the date of disconnection. (4) Any other charges applicable under company's tariff or ordinance for electric service or. agreement for electric service. (5) Any other applicable charges. (b) Total Disconnection Fee. One hundred dollars ($100.00), plus applicable charges under subsections (a)(2), (3), (4) and (5). Sec. 4.409 Installation and upgrading of electrical service. (a) Installation of new services or the upgrading of an existing service shall be at the expense of the owner less the following allowances: Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 4. This ordinance will take effect immediately from and after its passage, as the law and Charter in such cases provide. PASSED AND APPROVED this 15th day of November 2010 by the City Council of the City of Sa_ nger, Texas. APPROVED. Thomas Muir, Mayor ATTEST: Tami Taber, City Secretary P26 - COUNCIL AGENDA ITEM AGENDA TYPE M Regular Ll Special Consent Reviewed by Fmiance Not Ap licable F�] Workshop F Executive [:1 Public Hearing ewed plicable .....al 'ONot .. _ _ ._. _. ____..... Council n• D.te* November 15, 2010 Submitted: City Manager Reviewed/Approval Initials Date ACTION REQUESTED: FIORDINANCE RESOLUTION APPROVAL F1 CHANGE ORDER R AGREEMENT El APPROVAL OF BID F] AWARD OF CONTRACT ■ CONSENSUS ■ REAPPOINTMENTS AGENDA CAPTION Consideration and approval of DUNYdN SIMS STOFFELS, INC — Scope of services agreement covering the development of the City of Sanger — Sports Complex. ■ ■ •• . ■,. .. ON �1 ■: . . ■ • • FUND(S) TO BE USEDe General 0$ Utility, Special BOND BACKGROUND/SUMMARY OF Staff has met with DUNKIN SIMS STOFFELS, INC representative and developed the scope of services as outlined in the accompanying proposal covering the final design of Porter Sports Complex. The final design fee will be for the not to exceed amount of -:40.00 STAFF OPTIONS & RECOMMENDATION Staff recommends approval of agreemen t covering the landscape architect services in the design of the Porter Sports Complex. List of Supporting Documer a hibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Proposal � Porter Sports Complex F inal Design Agreement �l October 28, 2010 Mr. Robert Woods Director of Public Works City of Sanger 201 Bolivar Sanger, Texas 76266 Dear Mr. Woods: We appreciate the opportunity to submit this Scope of Services for your Athletic Complex in Sanger, Texas. This proposal is being submitted for your review and approval. The Scope of Services is divided into two Phases: Phase I — Master Plan, Basic Design Services and Construction Documents; and Phase II . Additional Services. PHASE I — MASTER PLAN, BASIC DESIGN SERVICES & CONSTRUCTION DOCUMENTS Master Plan We will work with the City of Sanger Staff and prepare a Master Plan for the Athletic Complex. Based on our meeting it is our understanding the City intends to build softball/baseball fields, soccer fields and associated amenities such as parking, restrooms, concessions, etc. We will also prepare cost estimates for each element in the Master Plan. Design Development Services An opinion of probable cost for construction will be prepared for the programs elements identified by the City for construction in this phase of the project. It is our understanding the City has budgeted $1,760,000.00 for construction of the project. The services in this phase are divided into three sections: (1) construction documents and specifications; (2) bidding and contract award; and (3) construction administration. Each section sets forth the services to be performed. 9603 V1'hite Rocic Trail, Suite 210 Dallas, Texas 75238 (214) 553-5'778 P 2 $ Construction Documents and Specifications Construction documents and specifications will be prepared for the park elements outlined in the opinion of probable cost for construction. The consulting team will perform the following tasks in this section of the project: ■ Grading Planks), which will establish grades for all elements of the project. ■ Storm Sewer ■ On -Site Utilities ■ Cut/Fill Lake Balance ■ Hike and Bike Trail Design ■ Layout Planks) locating by dimensions all structures, walks, foul lines, fence lines, planting areas, etc. ■ Restroom/Concession Building ■ Sports lighting and pedestrian and parking lot lights plan for the complex ■ Irrigation Plan(s) showing the location of all heads, pipe, valves, pumps, and controls. ■ Construction Details providing plans, sections, elevations of the individual elements of the plans. ■ Prepare proposal forms and appropriate add or deduct alternates. ■ Prepare the project manual Bidding and Contract Award The Consultant will be responsible for the following tasks in this phase: ■ Distribute plans and specifications from our office to interested contractors. ■ Answer questions and interpret drawing during the bidding period. ■ Assist the City in receiving bids. ■ Prepare and distribute any required addendum. ■ Attend the bid opening and prepare a bid tabulation sheet for completion at the bid opening. ■ Analyze the bids and make a written recommendation to the City for awarding a contract. Construction Administration We will perform the following tasks during this phase of the project: ■ Consultation and advice to the City. ■ Preparation of elementary and supplementary sketches required to resolve field conditions. ■ Approval of submittals and shop drawings submitted by contractors for conformance with the design concept. ■ The consulting team shall make periodic site visits to determine if the project is proceeding in accordance with the contract documents. The consulting team shall not be responsible or liable for the Contractor's failure to perform the construction work in accordance with the contract documents. ■ Review and approval of all certificates for payment submitted by the Contractor. ■ Prepare Change Orders for the City's approval and execution. ■ Coordinate final site walk through with the City at the conclusion of the construction and provide a punch list to Contractor to complete the project. 2 PHASE II -ADDITIONAL SERVICES The following items set forth below are services provided in addition to Basic Design Services. Costs for each item listed have been provided as a reimbursable expense. Plan and Specification Printing. The Consultant will invoice the City at cost plus 10% for all out -of -house printing of plans, specifications and plotting of AutoCAD files. Requested mounting or laminating of master plans will also be invoiced at the incurred cost. In-house printing of check prints for use in preparing the construction documents are included in the basic design services. Postage and delivery expenses will 'not be invoicE Courier, express mail, or overnight delivery charges, documents to prospective bidders will be charged budget $3,000.00 for this task. :d during the Design Phase of the contract. as well as, the cost of mailing sets of contract to the City. We would recommend the City Topographical Survey It is our understanding the City will provide an on -the -ground topographical survey for the site with spot elevations and locations of man-made features, trees, creek lines, etc. Texas Department of Licensing and Regulation Fee The City should budget $2,000.00 for plan review and inspection fees for ADA compliance. Additional Services Additional Services which are not included in this proposal include: ■ Preparation of final or preliminary plats ■ Geotechnical Surveys ■ Detail site plans required by the City Planning Department ■ Flood Plain Analysis and studies Summary of Fees Phase I —Master Plan, Basic Design Services &Construction Documents...............$ 123,950.00 Alternate 1 —Sports Lighting and Pedestrian &Parking Lot Lights Plan ................. $ 19,500.00 Phase I I —Additional Services: Plan and Specification Printing..............................................................$ 3,0 0 TDLRFees................................................................................ .... $ 2,000.00 TOTAL SERVICES FEES: $ 148,450.00 3 P30 Preparation of Alternates The Consultant's fees are based upon the total dollars allocated for construction of the project. The Consultant will prepare an estimate for probable cost of construction. This estimate will be based on the design development phase of the project. Should the City request design alternates be prepared for bidding, the consulting team will invoice the City in addition to the original contract amount, the agreed percentage of construction cost for preparation of plans, construction documents and specifications for the alternates. Any such expenses shall be pre -authorized by the City in advance of work being performed. The consulting team appreciates the opportunity to submit this Scope of Services and we look forward to working with you and the City of Sanger. If you have any questions, do not hesitate to call me. Sincerely, K Dennis Sims, ASLA Principal P31 �� , ii �: �: Standard dorm o�Agreement Between Uwner and Construction Manager where the Construction Manager is Also the Construcfor AGREEMENT ��' trade as of the Tsa�l've day of Octobex (In ta�orc�s, indicate clay, morrtlr and yern) BETWEEN the Owner: (Name and address j City of Sanger 20I Bolivar Street Sanger, texas 76266 and the Constt�ictiott Manager: (Name and addiessj Dean Construction, Tnc. P.Q. Box 70 Argyle, Texas 76226 in the year of 2010 . This document has important legal consequences, Consultation w(th an attorney is encouraged with respect to its completion or modification. The 1997 Edition of AIA° DocumentA207T"', General Conditions of the Contract for Construction, is referred to herein. This Agreement requires modification if other general conditions, are,'-:,'._ uilllzed, The Project is: (Name, address and brief descrzplfon) Porter Sports Parlc 2201 S. Keat:on Road Sanger, Texas 7622b The Architect is: (Name and address) -' Dunkin Sims Sto£fels, Inca 9603 White Rock Trail, Suite. °�12:10�� Dallas, Texas 75238 The Owner and Construction Manager agree as set forth below: ,.: AIA document A121""CMc — 2903 and AGC Document 565. Copyright ©1991 and 2903 by The American Institute of Architects and The Assoclaled General Contractors of America. All rights reserved. WARNING: This documenE is protected by U.S, Copyright Law and International Treaties. Unauthorized reproduction or distribution of this document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law• Purchasers are permitted to reproduce ten (10) copies of th(s document when completed• To report copyright viofetlons of AIA Contract pocuments, e•mall The American Instltute of Architects' legal counsel, copyright@ala.org. 1 P32 TABLE OF CONTENTS ARTICLE 1 GENERAL PROVISIONS § 1.1 Relationship of the Patties § 1,2 General Conditions ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES § 2,1 Preconstruction Phase § 2.2 Guaranteed Maximum Price Proposal and Contract Time § 23 Construction Phase § 24 Professional Services § 2.5 Hazardous Materials ARTICLE 3 OWNER'S RESPONSIBILITIES § 11 Information and Services § 3.2 Owner's Designated Representative § 13 Architect § 3A Legal Requirements ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES § 4.1 Compensation § 4,2 Payments ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 51 Compensation § 5.2 Guaranteed Maximum Price § 5.3 Changes in the work ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE § 6,1 Costs to Be Reimbursed § 6.2 Costs Not to Be Reimbursed § 6,3 Discounts, Rebates and Refunds § 6,4 Accounting Records ARTICLE 7 CONSTRUCTION PHASE § 7.1 Progress Payments § 7,2 Final Payment ARTICLE 8 INSURANCE AND BONDS § 8.1 Insurance Required of the Construction Manager § 8.2 Insurance Required of the Owner § 8.3 Performance Bond and Payment Bond ARTICLE 9 MISCELLANEOUS PROVISIONS § 9,1 Dispute Resolution § 9.2 Other Provisions ARTICLE 10 TERMINATION OR SUSPENSION:., § 10.1 Termination Prior to Estahlishiitg Guaranteed Maximum Price § 10.2 Termination Subsequent to Establishing Guaranteed Maximum Price § 103 Suspension ARTICLE 11 OTHER CONDITIONS AND SERVICES AIA Document A121 T"CMc — 2003 and AGC Document 505. Copyright ©1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. Ali rights reserved. WARNING: This document Is protected by U.S. Copyright Law and international Treaties• Uriauthorized reproduction or distribution of this document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, Purchasers are permitted to reproduce ten {10) copies of this document when completed, To report copyright violations of AIA Contract Documents, a -mail The American Institute of Architects' legal counsel, copyright@ala.org. 2 P33 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 Managet°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 harn•iony and cooperation among the Owner, Architect, Construction Manager and other persons or entities employed by the Owner for the Project. § 1,2 GENERAL CONDITIONS For the Construction Phase, the General Conditions of the contract shall be the AIA© Document A201'r"'-1997, 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, k2011'14-1997 shall apply to the Preconstruction Phase only as specifically provided in this Agreement. The term "Contractor" as used in A201TM-1997 shall mean the Construction Manager. ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBiL1TiES The Construction Manager shall perform the services described in this Article. The services to be provided under Sections 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 will proceed concurrently. § 2.1 PRECONSTRUCTION PHASE § 21A PRELIMINARY EVALUATION The Construction Manager shall provide a preliminary evaluation of the Ownet•'s program and Project budget. requirements, each in terms of the other. § 2.1,2 CONSULTATION The Construction Manager with the Al•cliitect shall jointly schedule and attend regular meetings with the Owner. 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; tune requirements for procurement, installation and construction completion; and factors related to construction cost, including estimates of alternative designs or materials, preliminary budgets and possible economies. § 2,1.3 PRELIMINARY PROJECT SCHEDULE When Project requirements described in Section 3.1.1 have been sufficiently identified, the Constnretiou Managet• 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, submittal of a Guaranteed Maximum Price proposal, preparation and processing of shop drawings and samples, delivery of materials or equipment requiring long4ead4ime 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 CONSTRUCTION:.::. The Construction Manager shall'make recommendations to the Owner and Architect regarding the phased issuance of Drawings and Specif"idations to facilitate phased construction of the Work, if such phased construction is appropriate for the Project, taking into consideration such factors as economies, time of performance, availability of labor and materials, and provisions for temporary facilities. AIA Document A121'uCMc — 2003 and AGC Document 565. Copyright ©1991 and 2003 by The American Institute of Architects and The � Associated General Contractors of America. All rights reserved. WARNING; This document is protected by U.S. Copyright l.aw and internat(onal Treaties. Unauthorized reproduction or distribution of this document, or any portion of iE, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, Purchasers are permitted to reproduce ten (10) P 3 4 copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@ala.org. § 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 slialI 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. budgetth any estimate submitted to the Owner exceeds previously approved estimates or the Owner's , e 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 fu inish 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 promptly reply in writing to the Construction Manager if the Architect or Owner latow of any objection to such subcontractor or supplier. The receipt of such list shall not require the Owner or Architect to investigate the qualifieatiOtis of proposed subcontractors or supplier's, 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 LQNG-LEAD-TIME ITEMS The Construction Manager shall recommend to the Owner and Architect a schedule for procurement of long -lead- time items wluch 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 long4ead-time items. § 2.1.8 EXTENT OF RESPONSIBILITY The Construction Manager clots 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 promptly notify the Architect and Owner in writing, § 11,9 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 afrinative action programs, § 12 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 Maxinnuii Price, which shall be the stun of the estimated Cost of the Work and the Construction Manager's Fee. AIA Document A921T"CMc — 2003 and AGC Document 505. Copyright ©1991 and 2003 by The American institute of Architects and The � Associated General Contractors of America. Ali rights reserved, WARNING: This document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10} P 3 5 copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. § 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 include such things as changes in scope, systems, kinds and duality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order. § 2.2.3 The estimated Cost of the Work shall include the Construction Manager's contingency, a stun established by the Construction Manager for the Construction Manager's exclusive use to cover costs arising under Section 2.2.2 and other costs which are properly reimbursable as Cost of the Work but not the basis for a Change Order. § 2.2.4 BASIS OF GUARANTEEb MAXIMUM PRICE The Construction Manager shall 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 list 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 proposal to supplement the information contained in the Drawings and Specifications. .4 Tile proposed Guaranteed Maximum Price, including 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 Maxinu m Price is based, and a schedule of the Constriction Documents. issuance dates upon which the date of Substantial Completion is based, § 2,2.5 The Construction Manager shall.meet with the Owner and Architect to review the Guaranteed Maximum Price proposal and the written statement of its basis. In the event that the Owner or Architect discover any inconsistencies or inaccuracies in the information pireseilted, they shall promptly notify tine Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both. § 2.2.6 Unless the Owner accepts the Guaranteed Maximum Price proposal in writing oil pit 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. § 2,2.7 Prior to the Owner's acceptance of the Construction Manager's 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 inay 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 shall beset forth in Amendment No. 1. The Guaranteed Maxiunnrt Pridditions ce shall be subject to a and deductions by a change in the Work as provided in the Contract Documents, and the Date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents. § 2.18 The Owner shall authorize and cause the Architect to revise the Drawings and Specifications to the extent necessary to reflect the agreed -upon assumptions and clarifications contained in Amendment No, 1. Such revised Drawings and Specifications shall be furnished to the Construction Manager in accordance with schedules agreed to by the Owner, Architect and Construction Manager. The Construction Manager shall promptly notify the Architect and Owner if such revised Drawings a nd_:Specifications are inconsistent with the agreed -upon assumptions and clarifications. § 2.2,10 The Guaranteed Maximum Price shall include in the Cost of the Work only those taxes which are enacted at the time the Guaranteed Maximum Price is established. AIA Document A121T"'CMc — 2003 and AGC Document 565. Copyright ©1g91 and 2003 by The American Institute of Architects and The 5 Associated General Contractors of America. All rights reserved. WARNING: This document Is protecfed by U.S. Copyright Law and Infernattonal Treaties. Unauthorized reproduction or distribution of this document, or any porElon of it, may result in severe clvll and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10j copies of this document when completed. To report copyright violations of AIA Contract Documents, a -mall The American Institute of Architects' legal P 3 counsel, copyright@ala.org. § 2.3 CONSTRUCTION PHASE § 2.3.1 GENERAL § 2.3.1.1 The Construction Phase shall commence on the earlier of, (1) the Owner's 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; (a) award a subcontract, or (b) undertake construction Work with the Construction Manager's own forces, or (c) issue a purchase order for materials or equipment required for the Work. § 2.3.2 AbMINISTRATION § 2.3.2.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager's own personnel shall be performed under subcontracts or by other appropriate agreements with the Construction Manager, The Construction Manager shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated to a special design for the Work from the list previously rcviewecl and, after analyzing such bids, shall deliver such bids to the Owner and Architect. The Omer will then determine, with the advice of the ConSULtetioll Manager and subject to the reasonable objection of the Architect, which bids will be accepted. The Owner may designate specific persons or entities from whom the Construction Manager shall obtain bids, however, if the Guaranteed Maximum Price has been established, the Owner may not prohibit the Construction Manager from obtaining bids from other qualified bidders. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. § 23.22 If tlae Guaranteed Maxinnun Price has been established and a specific bidder among those whose bids are . . delivered by the Construction Manager to the Owner and Architect (1) is recommended to the Owner by the Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid which conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a change in the Work be issued to adjust the Contract Time and the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the.Constructiou Manager and the amount of the subcontract or otitel' agreement actually signed with the person or entity designated by the Owner. § 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 Sections 7.I.8 and 7.1.9 and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. § 2.3.2.4 The Construction Manager shall schedule and conduct meetings at whictu the Owner, Architect, Construction Manager and appropriate Subcontractors can (IlscuSS the status of the Work. The Construction Manager shall prepare and promptly distribute meeting minutes. § 2.3.2.5 Promptly after the Owner's acceptance of the Guaranteed Maximum Price proposal, the Construction Manager shall prepare a schedule iu accordance with Section 3.10 of A201TM—[997, including the Owner's occupancy requirements. § 2.3.2.6 The Construction Manager shall provide monthly written reports to the Owner and Architect on the progress of the entire Worl(. The Construction Manager shall maintain a daily log containing a record of weather, ' Subcontractors working on the site, number of workers, Work 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 riionitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes, T►rc Construction Manager shall identify variances. between actual and estimated costs and report the variances to the Owner and Architect at regular intervals:: § 2.4 PROFESSIONAL SERVICES Section 3,12.10 of A201Tm.1997 shall apply to both the Preconst•uction and Construction Phases. AIA Document A1211'CMc -- 2003 and AGC Document 565. Copyright 01991 and 2003 by The American Institute of Architects and The t) Associated General Contractors of America. All rights reserved, WARNING: This document is protected by U.S. Copyright Law and Internatlonai Treaties. Unauthorized reproduction or distribution of this document, or any portion of It, may result in severe civ(I and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted io reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal P 3 7 counsel, copyright@ala.org. aia.org. § 2.5 HAZARDOUS MATERIALS Section 10.3 of A201'1`1,'-1997 shall apply to both the Preeonstruction and Construction Phases, ARTICLE 3 OWNER'S RESPONSIBILITIES § 3.1 INFORMATION AND SERVICES § 3,1.1 The Owner shall provide frill information in a timely Manner regarding the requirements of the Project, including a program which sets forth the Owner's objectives, constraints and criteria, including space requirements and relationships, flexibility and expandability requirements, special equipment and systems, and site requirements. § 3,1,2 The Owner shall, at the written request of the Construction Manager prior he Construction Phase and thereafter, furnish to the Construction Manager reasonable evidence that financial atrangements have been matte to fulfill the Owner's obligations under the Contract. Furnishing of such evidence shall be a condition precedent to commencement or continuation of the Work, After such evidence leas been furnished, the Owner shall not materially vary such financial arrangements without prior notice to the Construction Manager. § 3,1,3 The Owner shall establish and update an overall budget for the Project, based on consultation with the Construction Manager and Architect, which shall include contingencies for changes in the Work and other costs which are the responsibility of the Owner. § 3,1.4 STRUCTURAL AND ENVIRONMENTAL TESTS, SURVEYS AND REPORTS In the Preconstruction Phase, the Owner shall furnish the following with reasonable promptness and at the Owner's expense, Except to the extent that the Construction Manager knows of any inaccuracy, the Construction Manager shall be entitled to rely upon the accuracy of any such information, reports, surveys, drawings and tests described in Sections 3,1,4.1 through 3.1.4.4 but shall exercise customary precautions relating to the performance of the Work. § 3,1.4.1 Reports, surveys, drawings anti tests concerning the conditions of the site which are required bylaw. § 3.1.4.2 Surveys describing physical characteristics, legal limitations and utility locations for the site 'of the Project, and a written legal description of tile site. The surveys and legal 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 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 bencttmatk. § 3,1.4.3 The services of a geoteehnical engineer 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 vahtes, 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 1\4anaget•. § 3,2 OWNER'S 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. This representative shall have the authority to tnalce decisions on behalf of the Owner concerning estimates and schedules, construction budgets, and changes in the Work, and shall render such decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services 6i4.Work of the Construction Manager. Except as otherwise provided in Section 4,2.1 of A201TM" 1997, the Architect does not have such authority, AIA Document A121 TMCMe - 2003 and AGC Document 565. Copyright ©19ti1 and 2Ut13 by The American institute of Architects and The ,7 Associated General Contractors of America, Ail rights reserved. WARNING: This document Is protected by U.S. Gopyright Law and International Treaties. Unauthorized reproduction or distribution of this document, or any portion of It, may result in severe c1vII and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten cts copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' ' legal P 8 counsel, copyright@ala,org. § 3,3 ARCHITECT The Owner shall retain an Architect to provide Basic Services, including normal structural, mechanical and electrical engineering services, other than cost estimating services, described in the edition of AIA© Document B 151T14-I9979 Abbreviated Standard Form of Agreement Behveen Owner and Architect current as of the date of this Agreement. The Owner shall authorize and cause the Architect to provide those Additional Services described iu B 15 ITM- 1997, requested by the Construction Manager which must necessarily be provided by the Architect for the Preconstructiou 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 frn•nish 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 Tlie Owner shall determine and advise the Architect and ConStruetioll 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 Section 3.1. ARTICLE 4 CQMpENSATION AND PAYMENTS FOR pRECONSTRUCTIQN 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 Sections 2.1 and 2.2, Hie Construction Manager's compensation shall be calculated as follows. (State basis of compensation, i Ilether a stipulated sign, multiple of Direct Personnel Expense, actual cost, etc. Include a statement of reimbursable cost items as applicable) See attached Exh�.bit 'C' § 4.1.2 Compensation for Preconstructiou Phase Services shall be equitably adjusted if such services extend beyond N/A ( ) days from the date of this Agreement or if the 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 monthly following presentation of the Construction Manager's invoice and, where applicable, shall be in proportion to services performed. § 4.2.2 Payments are due and payable twenty ( 20 }days from the date the Construction Manager's invoice is received by the Owner. Amounts unpaid after the date ou which payment is due shall bear interest at the rate entered below, or in the absence thereof, at the legal rate prevailing from tilne to time at the place where the Project is. located. (Insert rate of interest agreed upon.).: N/A (Usury laws and reguirerit'ents tinder the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) AIA Document A121 T"CMc — 2003 and AGC Document 565. Copyright 01991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING: This document is protected by U.S. Copyright Law and $ international Treaties. Unauthorized reproduction or distribution of this document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted rican Institute stitute of Architects' reproduce ten legal P 3 9 coples of this document when completed. To report copyright violations of AIA Contract Documents, e•mall The Ame counsel, copyright@ala4orga 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 IArork as described in Section 2.3, the Owner shall pay the Construction Manager in current funds the Contract Stun consisting of the Cost of the Work as defined in Article 7 and the Construction Manager's Fee determined as follows: (State a hnnp .runt, percentage of actual Cost of the 111%rk or other provision for determining the Construction A7anager s Fee, and erplairt how the Constriction Marrcrger s Fee is to be nd!'rrsted far changes ire the fT'of k.) See attached Exhibit 'Ct § 5.2 GUARANTEEp MAXIMUM PRICE § 5.2.1 The sum of the Cost of the \stork and the Construction Manager's Fee are guaranteed by the Construction Manager not to exceed the amount provided in Amendment No. 1, subject to additions and deductions by changes in the Work as provided in the Contract Documents. Such maxinuun 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. (lhrserl specific provisions if the Construction Alanager is to participate in any saving.s.) All savings made during the course of the project will be transferred to the Owner. § 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 Amendment No. I may be determined by any of the methods listed in Section 7.3.3 of A201TM-1997. calculating adjustments to subcontracts (except those awarded with the Owner's prior consent on the basis of cost phis a fee), the terms "cost" and "fce" as used in Section 7.3.3.3 of AN1'rM-1997 and the in, "costs" and "a reasonable allowance for overhead and profit" as used in Section 7.3.6 of A201TM-1997 shalt have the meanings tissigned 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 above -referenced provisions of A201T"f-1997 shall mean the Cost of the Work as defined in Article 6 of this Agreement, and the term "and a reasonable allowance for overhead and profit" shall mean the Construction Manager's Fee as defined in Section 5.1.1 of this Agreement. § 5.3.4 If no specific provision is made in Section 5.1 A for adjustment of the Construction Manager's Fee in the case of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of Section 5,1.1 will cause substantial inequity to the Owner or Construction Manager, the Construction Manager's Fee shall be equitably adjusted on the basis of the Fee established for the original Work. ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE § 61 COSTS TO BE REIMBURSED § 6.1.1 The term "Cost of the NO.rlc" shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work. Such costs shall be at rates not higher than those customarily paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth ill this Article 6, Sea attached ExhibitACt AIA Document A121 TMCMc — 2003 and AGC Document 565. Copyright ©19g1 and 2gt)3 by The American Institute of Architects and The 9 Associated General Contractors of America, All rights reserved. WARNING; This document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) coples of this document when completed. To report copyright violations of AIA Contract Documents, a -mall The American Institute of Architects' legal P 4 O counsel, copyright@ala.org. § 6.1.2 LABOR COSTS .1 Wages of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner's agreement, at of%site workshops. .2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site with the Owner's agreement. (If it is intended that the wages or salaries of certain personnel stationed at the Construction Manager's principal gflice o)• offices other than the site of ice shall be included in the Cost ol'tlae TiMork, such perwonnel shall be identified below) See attached Exhibit'; tCt 3 �Mrages and salaries of the Construction Manager's supervisory or administrative personnel engaged, at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. 4 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements, and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided that such costs are based on wages and salaries included in the Cost of the Work under Sections 6.1.2.1 through 6.1.2.3. § 6.1.3 SUBCONTRACT COSTS Payments made by the Ccidi &uction Manager to Subcontractors in accordance with rile requirements of rile subcontracts. § VA COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION A Costs, including transportation, of materials and equipment incorporated or to be incorporated in the completed construction. .2 Costs of materials described in the preceding Section 6.1.4.1 in excess of those actually installcci but required to provide reasonable allowance for waste and for spoilage. Unused excess materials, if any, shall be handed over to the Owner at tine completion of the Work or, at the Owner's option, shall be sold by the Construction Manager; amounts realized, if any, from such sales shalt be credited to the Owner as a deduction from the Cost of the Work. § 6,1.5 COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND RELATED ITEMS 1 Costs, includiig h'ansp0i'tatl0in, instal[atiou, maintenance, dismantling and removal of inaterials, supplies, temporary facilities, machinery, equipment, and hand tools not customarily owned by the construction workers, which are provided by the Construction Manager at the site and fully consumed in the performance of the Work; and cost less salvage value on such items if not firlly consumed, whether sold to others or retained by the Construction Manager. Cost for items previously used by the Construction Manager shall mean Fair market value. .2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by the construction workers, which are provided by the Construction Manager at the site, whether rented from the Construction Manager or others, and costs of transportation, installation, minor repairs and replacements, dismantling and removal thereof. Rates and quantities of equipment rented shall be subject to the Owner's prior approval. .3 Casts of removal of debris from the site. .4 Reproduction costs, costs of telegrams, facsimile transmissions and long.distance telephone calls, postage and express delivery charges, telephone at the site and reasonable petty cash expenses of the site office. .5 That portion of -the reasonable travel and subsistence expenses of the Construction Manager's personnel incurred while traveling in discharge of duties connected with the Work. u AIA Document A121 r"CMc — 2003 and AGC pocument 505. Copyright ©1001 and 2003 by Tha American Institute of Architects and The ' Associated General Contractors of America. Alt righfs reserved. WARNING: This docurneni is protected by U.5. Copyright law and � � International Treaties. Unauthorized reproduction or distribution of this document, or any portion of it, may result (n severe civil and oriminai penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce tan (10) coples of this document when completed. To report copyright violations of AIA Contract Documents, email The American Institute of Architects' legal P 4• 1 counsel, copyright@ala.org. I § 61.6 MISCELLANEOUS COSTS le to this Contract of premiums for insurance and bonds. .1 That portion directly attributab (If charges for self-instn•ance are to be inchtded, specify the basis of reimbursement.) See attached Exhibit rCr .2 Sales, use or similar taxes imposed by a governmental authority which are related to the Work and for which the Construction Manager is liable. 3Fees and assessments for the building permit and for other permits, licenses and inspections far which the Construction Manager is required by the Contract Documents to pay. 4 Fees of testing laboratories for tests required by the Contract Documents, except those related to nonconforming Work otherthan that for which payment is permitter[ by Section 6.1.8.2. .5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent or other intellectual property rights arising from such requirement by the Contract Documents; payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims and payments of settlements made with the Owner's consent; provided, however, that such costs of legal defenses, judgment and settlements shall not be included in the calculation of the Construction Manager's Fee or the Guaranteed Maximum Price and provided that such royalties, fees and costs are not excluded by the last sentence of Section 3.17.1 of A201T11-1997 or other provisions of t11e Contract Documents. .6 Data processing costs related to the Work. .7 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific responsibility to the Owner set forth.. in this Agreement. 8 Legal, mediation and arbitration costs, other than those arising from disputes between the.Owner and Construction Manager, reasonably incurred by the Construction Manager in the petformance of the Work and with the Owner's written permission, which permission shall not be unreasonably withheld, .9 Expenses incurred in'accordance with Construction Manager's standard personnel policy for relocation and temporary living allowances of personnel required for the Work, in case it is necessary to relocate such personnel from distant locations. § 6.1.7 OTHER C05T5 .1 Other• costs incurred in the pe►•forn•►ance of the Worlc if and to the extent approved in advance in writing by the Owner. § 6,1.8 EMERGENCIES AND REPAIRS TO DAMAGED OR NONCONFORMING WORK The Cost of the Work shall also inehtde costs described iu Section 6,1, L which are incurred by the Construction Manager: .1 In taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property, as provided in Section 10.6 of A201TM-1997. 42 In repairing or correcting damaged or nonconforming Work executed by the Construction Manager or the Construction Manager's Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence or failure to fulfill a specific responsibility to the Owner set forth in this agreement of the Construction Manager or the Construction Manager's foremen, engineers or superintendents, or other supervisory, administrative or managerial personnel of the Construct[.. Manager, or the failure of the Construction Manager's -personnel to supervise adequately the Work of the Subcontractors or suppliers; and only to the extent that the cost of repair or correction is not recoverable by the Construction Manager from insurance, Subcontractors or suppliers.. § 6.1.9 The costs described.m:Sections 6.1.1 through 6.1.8 shall be included in the Cost of the Work notwithstanding any provision of AIA oi'.A201TM-1997 other Conditions of the Contract which may require the Construction Manager to pay such costs, unless such costs are excluded by the provisions of Section 6.2. AIA Document A121 T^'CMc — 2003 and AGC Document 565. Copyright ©1g01 and 2003 by The American Institute of Architects and The 11 Associated General Contractors of America. Ali rights reserved. WARNING: This document is protected by U.S. Copyright Law and international Treaties, Unauthorized reproduction or distribufion of this document, or any portion of (t, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) P 4 2 copies of this document when completed. To report copyright violations of AIA Contract Documents, a -mall The American Institute of Architects' legal counsel, copyright@ala,org. § 6.2 COSTS NOT TO BE REIMBURSED § 6.2.1 The Cost of the Work shall not include: .1 Salaries and other compensation of the ConnstrUetioil Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office, except as specifically provided in Sections 6.1.2.2 and 6.1.2.30 .2 Expenses of the Construction Manager's principal office and offices other than the site office, except as specifically provided in Section 6.1. .3 Overhead and general expenses, except as may be expressly included in Section 6.1. .4 The Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work. 5 Rental costs of machinery and equipment, except as specifically provided in Section 6,1.5.2. .6 Except as provided in Section 6.1.8.2, costs clue to the negligence of the Construction Manager or to the failure of the Construction Manger to fulfill a specific responsibility to the Owner set forth in this Agreement. .7 Costs incurred in the performance of Preconstruction Phase Services, .8 Except as provided in Section 6,1.7.1, any cost not specifically and expressly described in Section 6.1. .9 Costs which would cause the Guaranteed Maximum Price to be exceeded. § 6.3 DISCOUNTS, REBATES AND REFUNDS § 6.3.1 Cash discounts obtained on payments made by the Construction Manager shall acertic to the Owner if (1) before making the payment, the Construction Manager included them in an Application for Payment and received payment therefor from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash diSCOnntS shall accrue to the Construction Manager. Trade discounts, rebates, refunds and amounts received from sales of surplus materials"and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be secured. § 6.3.2 Amounts which accrue to the Owner in accordance with the provisions of Section 6.3.1 shall be credited to the Owner as a deduction from the Cost of the Work. § 6.4 ACCOUNTING RECORDS § 6.4.1 The Construction Manager shall keep fall and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract; the accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's accountants shall be afforded access to the Construction Manager's records, books, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project, and the Construction Manager shall preserve these for a period of three years after final payment, or for such longer period as may be required by law. ARTICLE 7 CONSTRUCTION PHASE § 7.1 PROGRESS AAYMENTS § 7.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Construction Manager as provided below and elsewhere in the Contract Documents, § 7,1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 7.1.3 Provided an Application for Payment is received by the Architect not later• flan the 2Sth clay of a month,_ the Owner shall make payment to the Construction Manager not later than the 1 Sth day of the next: month, •If'an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than thirty ( 30 ) days after the Architect receives the Application for Payment. AIA Document A121'11CMe — 2003 and AGC Document 565, Copyright 01991 and 2003 by The American institute of Architects and The Associated General Contractors of gmerica, All rights reserved. WARNING: This document Is protected by U.S. Copyright Law and 12 international Treaties. Unauthorized reproduction or distribution of this document, or any portion of it, may result in severe civil and criminal penaitles, and will ba prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, a -mall The American institute of Architects' legal P 3 counsel, copyright@ala.org. § 7.1A With each Application for Payment, the Construction Manager shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached and ally other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Construction Manager on account of the Cost of the Work equal or exceed (1) progress payments already received by the Construction Manager; less (2) that portion of those payments attributable to the Construction Manager's Fee; plus (3) payrolls for the period covered by the present Application for Payment. § 7.1.5 Each Application for Payment shall be based upon the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed A�iaxinnun Price among the various portions of the Work, except that the Construction Manager's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Construction Manager's Applications for Payment. d § 7.Applications for Payment shall show the percentage completroti of each p01'tloll of the Wol'IC as of the enof 1.ti the period covered by the Application for Payment, The percentage conipletiol7 shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed or (2) the percentage obtained by dividing (a) the expense which has actually been incurred by the Construction Manager on account of that portion of the Work for which the Construction Manager has inside or Intends to hake actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maxilnum Price allocated to that portion of the Work in the schedule of values. § f each rogress payment shall be 7.1.7 Subject to other provisions of the Contract Documents, the amount op computed as follows. ,1 Take that portion of the Guai•ailteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of A201TM-1997, even though the Guaranteed Maximum Price has not yet been adjusted by Change Order. .2 Add that portion of the Guaranteed Maxilnum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing. 3 Add the Construction Manager's Fee, less retainage of percent ( %). The Construction Manager's Fee shall be computed upon the Cost of the Work described in the two preceding Sections at the rate stated in Section 5.1.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, shall be an amount which bears the same ratio to that fixed-sufn Fee as the Cost of the Work in the two preceding Sections beats to a reasonable estimate of the probable Cost of the Work upon its completion. .4 Subtract the aggregate of previous payments made by the Owner. .5 Subtract the shortfall, if any, indicated by the Construction Manager in the documentation required by Section 7.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's accountants in such documentation, .6 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of ANJTM-1997. § 7.1.8 Except with the Owner's prior approval, payments to Subcontractors shall be subject to retention of not less five and the Construction Manager shall agree upon a than percent mutually acceptable procedure for review and approval of payments and retention for subcontracts: § 7.1.9 Except with the Owner's prior approval, the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 7,1.10 In taking action on the Construction Manager's Applications for Payment, the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager and shall not be deemed to represent that the Architect has made a detailed examination, audit or arithmetic verification of the AIA Document A121T11CMc — 2003 and AGC Document 565. Copyright ©1881 and 2003 by The American Institute of Architects and The 13 Associated General Contractors of America. All rights reserved. WARNING: This document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers era permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, a -mail The American institute of Architects' legal P 4 4 counsel, copyrlght@alaoorge documentation submitted in accordance with Section 7.1.4 or other supporting data, that the Architect has made exhaustive or continuous on -site inspections or that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's accountants acting in the sole interest of the Owner. § 7.2 FINAL PAYMENT § 7.2.1 Final payment shall be made by the Owner to the Construction Manager when (1) the Contract has been fully performed by the Coustruction Manager except for the Construction Manager's responsibility to correct ❑onconforining Work, as provided in Section 12.2.2 of A201T"'t-1997, and to satisfy other requirements, if any, which necessarily survive final payment; (2) a final Application for P, nt and a final accounting for the Cost of the Work have been submitted by the Construction Manager and reviewed by the Owner's accountants; and (3) a final Certificate for Payment has then been issued by the Architect; such final payment sliall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: § 7.2.2 The amonnt of the final paynhent shall be calculated as follows; 1 Take the sum of the Cost of the Work substantiated by the Coll st•uetioil Manager's final accounting and the Construction Manager's Fee, but not more than the Guaranteed Maxinnnu Price. .2 Subtract amounts, if any, for which the Architect withholds, in whole or in part, a final Certificate for Payment as provided in Section 9.5.1 of A201T^'-1997 or other provisions of the Contract Documents. .3 Subtract the aggregate of previous payments made by the Owner. if the aggregate of previous payments trade by the Owner exceeds the amount due the Construction Manager; the Construction Manager shall reimburse the difference to the Owner. § 7.2.3 The Owner's accountants will review and report in writing on the Construction Manager's final accounting within 30 days after delivery of the final accounting to the Architect by the Construction Manager. Based upon such Cost of the Work as the Owner's accountants report to be substantiated by the Construction Manager's final accounting, and provided the other conditions of Section 7.2,1 have been met, the Architect will, within seven days after receipt of the written report of the Owner's accountants, either issue to the Owner it final Certificate for Payment with a copy to the Construction Manager or notify the Construction Manager and Owner in writing of the Architect's reasons foil withholding a certificate as provided in Section 9.5.1 of A201TNI-1997 . The time periods stated in this Section 7.2 supersede those stated in Section 9A.1 of A201TM-1997. § 7.2.4 If the Owner's accountants report the Cost of the Work as substantiated by the Construction Manager's final accounting to be less than claimed by the Construction Manager, the Construction Manager shall be entitled to proceed in accordance with Article 9 without a further decision of the Architect. Unless agreed to otherwise, a demand for mediation or arbitration of the disputed amount shall be made by the Construction Manager within 60 days after the Construction Manager's receipt of a copy of the Architect's final Certificate for Payment. Failure to make such demand within this 60-day period shall result in the substantiated amount reported by the Owner's accountants becoming binding oil the Construction Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Construction Manager the amount certified in the Architect's final Certificate for Payment. § 7.2.5 If, subsequent to final payment and at the Owner's request, the Construction Manager incurs eosts.described in Section 6.1 and not excluded by Section 6.2 (1) to correct nonconforming Work or (2) arising from the resolution of disputes, the Owner shrill reimburse the Construction Manager such costs and the Construction Manager's Fee, if any, related thereto on the same:basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum 't•ice: If the Construction Manager has participated in savings, the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Construction Manager. AfA Document A121TuCMe — 2003 and AGC Document 555. Copyright ©1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. Ali rights reserved. WARNING; This document is protected by U.S. Copyright Law and � 4' lnternetional Trestles. Unauthorized reproducflon or distribution of this document, or any portion of It, may result in severe c(vtl and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e•mall The American Institute of Architects' legal P 4 5 counsel, copyright@aia•org. ARTICLE 8 INSURANCE AND BONDS § 8.1 INSURANCE REQUIRED OF THE CONSTRUCTION MANAGER During both phases of the Project, the Construction A4anager shall purchase and maintain insurance as set forth ht Section 11.1 ofA201TM-1997. Such insurance shall be written for not less than the following limits, or greater if required by law; § 8.1.1 Workers' Compensation and Employers' Liability meeting statutory limits mandated by state and federal laws. If (1) limits in excess of those required by statute are to be provided, or (2} the employer is not statutorily bound to obtain such insurance coverage or (3) additional coverages are required, additional coverages and limits for such insurance shall he as follows; See attached Certificate of Insurance § e.1.2 Commercial General Liability including coverage for Premises-0perations, Independent Contractors' Protective, Products -Completed Operations, Contractual Liability, Personal Injury and Broad Form Property Damage (including coverage for Explosion, Collapse and Uudergrouuci hazards): $ Each Oectu•rence General Aggregate g Personal and Advertising Injury � Products -Completed Operations Aggregate .1 The policy shall be endorsed to have the General Aggregate apply to this Project only. .2 Pt•oclucts and Completed 0perations instuanee shall he maintained for a minimum period of at least ( ) years} after either 90 days Following Substantial Completion or final payment, whichever is earlier. .3 The Contrachtal Liability..insiu•ance shall include coverage sufFicient to tweet the obligations iti Section 3.18 of A201'rn�-1997:. :r' , See attached Certificate of Insurance § 8.1.3 Automobile Liability (owned, non-ot�+wed and hired vehicles) for bodily injury and property damage: � Each Accident See attached Certificate of Insurance § 8.1.4 Other coverage: (If Urrrbrella Excess Liability coterage is regarired of+er the primary instrr•mrce or• reter7tion, insert the coverage limits. Commercial Genera! Liability arrd Automobile Liability limits nay be attained by htdividarat policies or by a corrahtnation of primary policies rntd Umbrella anti/or ��cess Liability policies. If Project ATanagemetat Protective Liability brsau•arrce is to be pro>ided, ,stale the lintits here.) § 8.2 INSURANCE REQUIRED OF THE OWNER During both phases of the Project, the Owner shall purchase and maintain liability and property insurance, iuchtdiug waivers of subrogation, as set forth in Sections 11.2 and 11.4 of A20lTM-1997. Such insurance shall be written for trot less than the following limits, or greater it�iequired by law: § 8,2.1 Property Insurance: $ Deductible Per Ocettrrence :. $ Aggregate Deductible AIA bocutnent A121 T"CMc — 2003 and AGC Document 665, Copyrlpltt ©1901 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved, WARNING: This document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document wlian completed. To report copyright violations of AIA Contract Documents, a -mail The American Institute of Architects' legal rnnnsel. roovricht(alala.oro. 15 � • § 812 Boiler and Machinery insurance with a limit or $ (If not a blanket policy, list the objects to be insured.) § 8.3 PERFORMANCE BOND AND PAYMENT BOND § 8,3,1 The Construction Manager s-hal.l. (Insert "shall" or "shall not") furnish bonds covering faithful perfor•rnance of the Contract and payment of obligations in thereunder. Bonds may be obtained through the Construction lvlauager's usual source, and the cost thereof shall be included in the Cost of the Work. The amount of each bond shall be equal to percent ( 100 %) of the Contract Sum. one hundred § 8.3.2 The Construction Manager shall deliver the required bonds to the Owner at least three days before the commencement of any Work at the Project site. ARTICLE 9 MISCELLANEOUS PROVISIONS § 9.1 DISPUTE RESOLUTION § 9.1.1 During both the Preconstruction and Construction Pluses, Claims, disputes or other matters in question between the parties to this Agreement shill be resolved as provided in Sections 4.3 through 4.6 of A2011'M-1997 except that, during the Preconstruction Phase, no decision by the Architect shall be a condition precedent to mediation or arbitration. § 9,2 OTHER PROVISIONS § 9.2.1 Unless otherwise noted, the terms used in this Agreement shalt have the same meaning as those in A201'rM- 1997, General Conditions of the Contractfir Con.str action. § 9,2.2 EXTENT OF CONTRACT This Contract, which includes this Agreement and the other documents incorporated herein by. reference, represents the entire and integrated agreement behleen the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Construction Manager, If anything in any document incorporated into this Agreement is inconsistent with this Agreement, this Agreement shall governs § 9,2.3 OWNERSHIP AND USE OF DOCUMENTS Article 1,6 ofA201TM-1997 shall apply to both the Preconstruction and Construction Phases. § 9,2.4 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located. § 9.2.5 ASSIGNMENT The Ov<mcr and Consh'ttctio❑ Manager respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other patty in respect to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2 of A201'r14i-1997, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an.assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract, ARTICLE 10 TERMINATION OR SUSPENSION § 14.1 TERMINATION PRIOR TO ESTABLISHING GUARANTEED MAX{MUM PRICE § 10.1 A Prior to execution by,. both parties of Amendment No. I establishing the Guaranteed Maximum Price, the Owner may ter'rrrinate this Contract at any time without cause, and the Construction Manager may terminate this Contract for any of the reasons described in Section 14.1.1 of A20ITM-1997. § 10.1.2 If the Owner or Construction Manager terminates this Contract pursuant to this Section 10,1 prior to commencement of the Consh•uction Phase, the Construction Manager shall be equitably compensated for AIA Document A121'"CMc — 2003 and AGC Document 698. Copyright O 1991 and 2003 by The American institute of Architects and The 16 Assoclaled General Contractors of America. All rights reserved. WARNING: This document Is protected by U.S, Copyright Law and International Treaties, Unauthorized reproduction or distribution of this document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permllied to reproduce ten (10) copies of this document when completed, To report copyright violations of AiA Contract Documents, a -mail The American Institute of Architects' iegal P 4 7 counsel, copyright rCi nla.org, Preconstraetion Phase Services performed prior to receipt of notice of termination; provided, however, that the compensation for such services shall not exceed the competsation set forth in Section 4.1,1. § 1091.3 If the Owner or Construction Manager terminates this Contract pursuant to this Section 10.1 after comnlericoment of the Construction Phase, the Construction Manager shall, in addition to the compensation provided in Section 10,1.2, be paid an amount calculated as follows, .1 Take the Cost of the Work incurred by the Construction Ivfanager. .2 Add the Construction Manager's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 5.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, an amount which bears the same ratio to that fixed -sum Fee as the Cost of the Work at the tine of termination bears to a reasonable estimate of the probable Cost of tile Work Upon its completion. 3 Subtract the aggregate of previous payments made by the Owner on account of the Construction Phase. The Owner shall also pay the Construction Manager fair coulpensatiou, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager which the Owner elects to retain and which is not otherwise included in the Cost of the Work tinder Section 10.1.3.1, To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), tale Constructon Manager shall, as a condition of receiving the payments referred to in this Article 10, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Coll stiuctioil Manager node►' such subcontracts of purchase orders, SLIbC011tl'aCiS, purchase orders and rental agreements entered into by the Construction Manager with the Owner's written approval prior to the execution of Amendment No. I shall contain provisions permitting assignment to the Owner as described above, If the Owner accepts such assignment, the Owner shall reimburse or indemnify the Construction Manager with respect to all costs arising tender the subcontract, purchase order or rental agreement except those which would not have been reimbursable as Cost of the Work if the contract had not been terminated. If the Owner elects not to accept the assignment of any subcontract, purchase order or rental agreement which would have constituted a Cost of the Work had this agreement not been terminated, the Construction Manager shall terminate such subcontract, purchase order or rental agreement and the Owner shall pay the Construction Manager the costs necessarily incurred by (lie Construction Manager by reason of such termination. TERMINATION SUBSEQUENT TO ESTABLISHING GUARANTEED MAXIMUM PRICE Subsequent to execution by both parties of Amendment No, 1, the Contract tray be terminated as provided in Article 14 of A201TM-1997. § 10.2.1 In the event of such termination by the Owner, the amount payable to the Construction Manager pursuant to Section 14.1.3 of A201TM-1997 shall not exceed the amount the Construction Manager .would have been entitled to receive pursuant to Sections 10.1.2 and 10.1.3 of this Agreement. § 10.2.2 In the event of such termination by the Construction Manager, the amount to be paid to the Construction Manager udder Section 14.i.3 of A201TM-1997 shall not exceed the amotult dle Construction Manager would have been entitled to receive under Sections 10.1.2 and I0.1.3 above, except that the Construction Manager's Fee shall be calculated as if the Work had been fully completed by the Construction Manager, including a reasonable estimate of the Cost of the Work for Work not actually completed. § 10.3 SUSPENSION The Worlc may be suspended by the Owner as provided im Article l4 of A201T°'-1997; in such case, the Guaranteed Maximum Price, if established, shall be. Increased as provided in Section 14.3.2 of A201TM-1997 except that the term "cost of performance of the Contract" iii% that Section shall be understood to mean the Cost of the Work and the term "profit" shall be understood to mean the Construction Manager's Fee as described in Sections 5.1.1 and 5.3.4 of this Agreement. AIA Document A121 *"'CMc — 2003 and AGC Document 568. Copyright ©1991 and 2Q03 by The American Inslllute of Architects and The ,17 Associated General Contractors of America. All rights reserved. WARNING; This document is .protected by U.S. Copyright Law and International Treaties. Unauthorized reproducllon or distribution of this document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted reproduce ten copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architecctsts'' legal P 4 8 counsel, copyright@aia.org. ARTICLE 1l OTHER CONDITIONS AND SERVICES This Agreement entered iuto as of the day and year first written above. OWNER (Sigreatzn•e) (Printed rzanze arzd title) Date ATTDST CONSTRUCTION MANAGER (Sigraatzrre) (Printed mm�e and title) Date ATTDST CAUTION: You should sign an original AIA Contract Documen#, on which this Text appears in RED. An original assures #hat changes will not be obscured. AIA Document A121 T"'CMc — 2003 and AGC Document 585. Copyright ©1901 and 2003 by The American Institute of Architects and The � 8 Associated General Contractors of America. All rights reserved. WARNING: This document is protected by U.S, Copyright Law and International Treaties. Unaufhorixed repraductlon or distribution of this document, or any portion of It, may result in severe civil and , criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, a -mall The American Institute of Architects' legal P 4 9 counsel, copyright@ala.org. Tilt 1111r Document Al 21 0wwq AIA Amendment No. 1 Ii Amena�ment 1V s i TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER Pni'su<urt to Section 2.2 of tlic Agreement, dated October 26, 20� 0 between City of Sanger (Owner) and Dean Construction, Inc, (the Construction Manager), for Sanger Athletic Complex (tile Project), the Owner and Construction Manager establish a Guaranteed Maximum Price and Contract Time for the Work asset forth below. ARTICLP I GUARANTEED MAXIMUM PRICE The Construction Manager's Guaranteed Maximum Price for the Work, including the estimated Cost of the Work as defined in Article 6 and the Construction Manager's Fee as defined in Article 5, is Four hundred fif ty- four thousand Dollars ($ 454,000-600 ). This Price is for the performance of the Work in accordance with the Contract Documents listed and attached to this Amendment and marked Exhibits A through I', as follows: Exhibit A _ llra��iugs, Specifications, addenda and General, Supplementary and other Conditions of the Contract on which the Guaranteed M1xitlltim Price is based, pages I ARTICLR [l CONTRACT TIME; The date: of Substantial Completion established by this Amendment is; OWNPR through103 CONSTRUCTION MANAGER (Sigitatur'e) (Sig»nlure) (Printed name and title) (Printed name a»d title) Date Date ATTEST. . ' Ai" 1'EST CAUTION: You should sign an original AIA Contract Document, oil which this text appears In RED. An original assures that changes will not be obscured. AIA Document A121 TMCMc — 2003 and AGC Document 505. Copyright ©1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING: This document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distrtbutlon of this document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copydghtcrala.org. 19 P50 EXHIBIT'C' PORTER SPORTS PARK Sanger, Texas November '10, 2010 Sub -Contractors 13id Total $ 454,000.00 Contingency $ Testing by Construction Manager $ - Survey $ - Bond $ General Conditions $ - Fee $ * Total Guaranteed Maximum Price:. $ 454,000.00 * Performance and Payment Bonds will be included in this contract. The cost of the Performance and Payment Bonds will be billed as a line item in Phase II of the project. P51 9 COUINkCm AGEiNDA ITEM _ . Reviewed AGENDA TYPE,14 Regular __.pecm HearingF Workshop F Executive El Public Reviewed Council Meeting Date November15, 010 Submitted By: Mike Brice City Manager Reviewed/Approval Initials Date ■••�•• ►1 ACTION APPROVAL CHANGE ORDER 'MAGREEMENT R APPROVAL OF BID Ej AWARD OF CONTRACT ■ CONSENSUS ■ REAPPOINTMENTS AGENDA• and approval on Dean Construction agreement covering the Construction Manager at Risk (CMR) for the construction of the Porter Sports Complex and Keaton Road Improvements. SUMMARYConsideration FINANCIAL FIN/A FIGRANTFUNDS []OPERATING EXPENSE []REVENUE NCIP [:]BUDGETED [:]NON -BUDGETED 1. •. ..FUTUR FISCAL .• • Proposed Expenditure Amount Encumbered . • Special■ BACKGROUND/SUMMARY OF On May 17, 2010 Council approved the selection of Dean Construction as the Construction Manager at Risk (CMR). The contract placed upon the council agenda covers the final agreement between the City of Sanger and I Dean Construction for the construction of the Porter SportsComplex. STAFF OPTIONS & RECOMMENDATION Staff recommends approval of the agreement between Dean Construction and City of Sanger for the amount of List of Supporting Documents/Exhibits Attached: Prior Tciioon/Review by Council, Boards, Commissions or Other Agreement covering Construction Manager at Risk, Council Approval on May 17, 20 10 P52 ACDRD�, CERTIFICATE OF LIABILII PRODUCER (214) 691-5721 X-105 FaX: (214) 691-4961 hwest Assurance Group, Inc. Attn: Sherrel Breazeale 12201 Merit Drive, Suite 795 Dallas TX 75251 INSURED Dean Electric, Inc. 701 Hall Street Cedar Hill TX 75104 INSURANCE ii�s%2o 0 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED. BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURERAEm 10 ers Mutual Casualty INSURER B: Great American Ins Co INSURER c Texas Mutual Insurance INSURER E: �C3VER THE REQUIREMENT, THE POLICIES INSURANCE -tS OF INSURANCE LISTED BELOW TERM OR CONDITION OF ANY AFFORDED BY THE POLICIES HAVE BEEN ISSUED TO THE INSURED CONTRACT OR OTHER DOCUMENT DESCRIBED HEREIN IS SUBJECT NAMED ABOVE WITH RESPECT TO ALL THE FOR THE POLICY TO WHICH THIS CERTIFICATE TERMS, EXCLUSIONS PERIOD INDICATED. NOTWITHSTANDING ANY MAY BE ISSUED OR MAY PERTAIN, AND CONDITIONS OF SUCH POLICIES. AGGREGA INSR L A ADD'L INSRD E LIMITS S OWN MAY HAVE BEEN TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERALLIABILtTY CLAIMS MADE � OCCUR X Incl. X,C 6 U REDUCED BY PAID LAIMS POLICY NUMBER 3D86424 POLICY EFFECTIVE DATE MM/DD 3/31/2010 POLICY EXPIRATION DATE MMlDD/YY 3/31/2011 LIMITS EACH OCCURRENCE $ 1, 000, OOO PREMISES�aoNcTu ante $ 300,000 MED EXP An one arson $ 10 , 000 PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 X Incl. Contractual PRODUCTS-COMP/OPAGG $ 2,000,OOD GEN'LAGGREGATELIMITAPPLIESPER: PRO - POLICY X JECT LOC AUTOMOBILE LIABILITY X ANYAUTO COMBINED SINGLE LIMIT (Ea accident) $ 1 , OOO , OOO A ALL OWNED AUTOS 3E86424 3/31/2010 3/31/2011 gODILYINJURY (Per person) $ SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY (Per accident) $ X NON-0WNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESSNMBRELLALIABILITY Umbrella Coverage Form EACH OGC RRENCE $ 3, 000, 000 X OCCUR � CLAIMS MADE AGGREGATE $ 3, OOO, OOO B DeoucnBLE SSU596585604 3/31/2010 3/31/2011 $ (�'' X RETENTION 10,000 WORKERS COMPENSATION AND WC STATU- OTN- X TORYLIMITS E $ EMPLOYERS'LIABILITY ANY PROPRIETORlPARTNER/EXECUTNE OFFICER/MEMBEREXCLUDED? TSF000861005 3/31/2010 3/31/2011 E.L EACH ACCIDENT 1 000 000 $ f f E.LDISEASE-EAEMPLOYEES 1,000,000 It yes, describe under SPECIAL PROVISIONS below 1 000 000 E.L DISEASE -POLICY LIMIT $ r f OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Porter Sports park, 2201 S. Keaton Rd., Sanger TX 76266 City of Sanger 201 Belivar St. Sanger, TX 76266 TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ' Stephen __ ACORD 25 (200U08) ©ACORD CORPORATI Pone 1 of � IAICfl9Q in�no, no.. Standard Form of Agreement Between Owner and Construction 1Ulanager where the Construction Manager is Also the Constructor AGREEMENT " made as of the Twdl"ve day of October (Itr words, indicate day, month and year) BETWEEN the O�smer: (Maine and address) City of Sanger 201 Bolivar Street Sanger, Texas 76266 acid fht; Coushuction Managet: (Name and address) Dean Construction, Inc. P.O. Box 70 Argyle, Texas 76226 The Project is: (Name, address and Urief description) Porter Sports Park 2201 S. Keaton Road Sanger, Texas 76226 in the year of 2010 . The Architect is: (Name and address) - - .--- Dunkin Sims Stoffels, Inc. 9603 TAtit:e Rock Trail, Suite.42--W Dallas, Texas 75238 - This document has important legal consequences. Consultation with an attorney is encouraged with respect to Its completion or modification. The 1997 Edition of AiA® Document A201"", General Conditions of the Contract for Construction, is referred to - herein. This Agreement requires modification if other general conditions are.:-:_ utilized. The Owner and Constn►ctiou Manager agree as set forth below: AiA Document A121'"CMc — 2003 and AGC Document 565. Copyright 0 1991 and 2003 by The Amadcan Institute of Architects and The Assodated General Contractors of America. All rights reserved. WARNING: This document is protected by U.S. Copyright Law and 1 International Treaties. UnauEhorized reproduction or distribution of this document, or any portion of it, may result In severe civ1i and P 5 4 criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are pamtttted to reproduce ten (10) cooles of this document when completed. To report copyright violations of AIA Contract Documents, a -mail The American Institute of Architects' legal TABLE OF CONTENTS ARTICLE 1 GENERAL PROVISIONS § 1.1 Relationship of the Parties § 1.2 General Conditions ARTIGLE 2 CONSTRUGTIQN MANAGER'S RESPONSIBILITIES § 2.1 Preeonstruction Phase § 2.2 Guaranteed Maximum Price Proposal and Contract Tillie § 2.3 Construction Phase § 2.4 Professional Services . § 2.5 Hazardous Materials ARTICLE 3 OWNER'S RESPONSIBILITIES § 3.1 Information and Services § 3.2 Owner's Designated Representative § 3.3 Architect § 3.4 Legal Requirements ARTIGLE 4 CQMPENSATION AND PAYMENTS FOR PREGQNSTRUGTiON PHASE SERVICES § 4.1 Compensation § 4.2 Payments ARTIGLE 5 GOMPENSATIQN FQR CONSTRUCTION PHASE SERVICES § 5.1 Compensation § 5.2 Guaranteed Maximum Price § 5.3 Changes in the Work ARTICLE 6 COST OF THE WORK FOR -CONSTRUCTION PHASE § 6.1 Costs to Be Reimbursed' § 6.2 Costs Not to Be Reimbursed § 6.3 Discounts, Rebates and Refunds § 6A Accounting Records ARTIGLE 7 CONSTRUCTION PHASE § T.1 Progress Payments § 7.2 Final Payment ARTICLE 8 INSURANCE AND BONDS § $.1 Insurance Required of the Construction Manager § 8.2 Insurance Required of the Owner § 8.3 Performance Bond and Payment Bond ARTICLE 9 NtISCELLANEOUS PROVISIONS § 9.1 Dispute Resolution § 9.2 Other Provisions ARTICLE 10 TERMINATION OR SUSPENSION- § 10.1 Termination Prior to Establishing Guaranteed Maximum Price _ § 10.2 Termination Subsequent to Establishing Guaranteed Maximum Price § 10.3 Suspension ARTICLE 11 OTHER CONDITIONS AND SERVICES AIA Document A121 TMCMe — 2003 and AGC Document 565. Copyright ©1991 and 2003 by The American Institute of Architects and The 2 Associated General Contractors of America. All righfs reserved. WARNING: This document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this document, ar any portion of it, may result in severe civil and P 5 5 criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permikied to reproduce tan (10) rn„inc of ihlc einn,mnnt whan rtamnieted_ To report OODVdaht violations of AIA Contract Dowments, e-mall The American Institute of Architects' legal ARTICLE 1 GENERAL PROVISIQNS § 1.1 RELATIONSHIP OF PARTIES The Construction Manager accepts the relationship of hest 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 employed by the Owner for the Project. § 1.2 GENERAL CQNDITlQNS For the Constriction Phase, the General Conditions of the contract shall be the AIA® Document A20ITM 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, A201TM-1997 shall apply to the Preconstruction Phase only as specifically provided in this Agreement, The term "Contractor" as used in A201T"l-1997 shall mean the Construction Manager. ARTICLE 2 GQNSTRUCTIQN MANAGER'S RESPONSIBILITIES The Construction Manager shall perform the services described in this Article. The services to be provided under Sections 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 continence before the Preconstruction Phase is completed, in which case both phases will proceed concurrently. § 2.1 pREGONSTRUCTION PHASE § 2.1.1 PRELIMINARY EVALUATION The Construction Manager shall provide a preliminary evaluation of the Owner's program and Project budget. requirements, each in terns of the other. § 2.1.2 CONSULTATION The Construction Manager with tlnc Architect shall jointly schedule and attend regular rneetimgs with the Owner. 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 alternative designs or materials, preliminary budgets and possible economies. § 2.1.3 PRELIMINARY PROJECT SCHEDULE When Project requirements described ire Section 3.1.1 leave been sufficiently identified, tine Conshuction 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, submittal of a Guaranteed Maximum Price proposal, preparation and processing of shop drawings and samples, delivery of materials or equipment requiring long -lead-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 CONSTRUCTION. -,-- The Construction Manager shaII'make recommendations to the Owner and Architect regarding the phased issuance of Drawings and Specifi6tioiis to facilitate phased construction of the Work, if such pleased construction is appropriate for the Project, taking into consideration such factors as economies, time of performance, availability of labor and materials, and provisions for temporary facilities. AIA boeument A121'"'CMe — 2{f03 and AGC Document 565. Copyright � 199i and 20D3 by The American (nstAuta of Architects and The � Associated General Contractors of America. All rights reserved. WARNING: This document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this document, ar any portion of it, may result in severe civil and P 5 6 criminal penalties, and will be prosecuted to the maximum extent possible under the jaw. Purchasers are perrsuiled to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contact Documents, a -mail The American Institute of Architects' legal § 2.1.5 PRELIMINARY COST ESTIMATES § 2.1.5A 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 pretinunary 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 bcen 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. § 4,1,5.4 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 SUBGONTRACTQRS AND SUPPLIERS The Construction Manager shall seek to develop subcontractor interest in the Project and shall fiirnish 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, fi•oin whom proposals will be requested for each principal portion of the Work. The Architect will promptly reply in writing to the Construction Manager if the 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. § 2.1J 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 A 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 promptly 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 PRIGS PROPOSAL AND CONTRACT TIME § 2.2.1 When the Drawings and Specifications are sufficiently complete, the Construction Manager shall propose a Guaranteed Maximum' rice; which shall be the stem of the estimated Cost of the Work and the CVila truetlUzi Manager's Fee. AIA Document A121 T"CMc — 2003 and AGC Document 565. Copyright ©1899 and 2003 by The American Inslltule of Architects and The 4 Assoclatad Ganecal Contractors of America. All rights reserved. WARNING: Thts document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this document, ar any portion of it, may result In severe civil and p 5 i criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted n stitute of Architects' reproduce ten ts �n ioQ r tt,r.Q Anenmant when completed. To resort coRvright vlatations of AIA Contract Documents, e-mall The American Inlegal § 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 therefioni. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order. § 2.2.3 The estimated Cost of the Work shall include the Construction Manager's contingency, a stun established by the Construction Manager for the Construction Manager's exclusive use to cover costs arising under Section 2.2.2 and other costs which are properly reimbursable as Cost of the Work but not the basis for a Change Order. § 2.2.4 6ASIS DF t;IIARANiEED MAXIMUM PRICE The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include. J 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 list 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 proposal to supplement the information contained in the Drawings and Specifications. .4 The proposed Guaranteed Maximum Price, including 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 Completion is based. § 2.2.5 The ConstructionManager shall -meet with the Owner and Architect to review the Guaranteed Maximum Price proposal and the written statement of its basis. In the event that the Owner or Architect discover -a in is or inaccuracies in the information presented, they shalt promptly notify the Construction Manager, who shall snake appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both. § 2.2.6 Unless the Owner accepts the Guaranteed Maxitnum 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. § 2.2.7 Prior to the Owner's acceptance of the Construction Manager's 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 dditions and its basis shall be set forth in Amendment No. 1. The Guaranteed Maxitnum Price shall be subject to a and deductions by a change in the Work as provided in the Contract Documents, and the Date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents. § 2.2.9 The Owner shall authorize and cause the Architect to revise the Drawings and Specifications to the extent necessary to tefiect the agreed -upon assumptions and clarcations contained in Amendment No, 1. Such revised Drawings and Specifications shall be furnished to the Construction Manager in accordance with schedules agreed to by the Owner, Architect and Construction Manager. The Construction Manager shalt promptly notifythe Architect and Owner if such revised Drawings &and:Specifications ate inconsistent with the agteed-upon assumptions and clarifications. § 2,2,10 The Guaranteed Maximum Price shall include in the Cost of the Work only those taxes which are enacted at the time the Guaranteed Maximum Price is established. AIA Document Al2t "'CAAc � 2003 and AGC Document 565. Copyright ©1991 and 2903 by The American institute of Architects and The � Associated Generai Contractors of America. Ail rights reserved. WARNING: This document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this document, or any portion of it, may result in severe civil and p 5 g criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permuted to reproduce ten (90) .....,t,.....f ,we .4nm,,„o„r ,uhwn mmnlated_ To report coDvrittht violations of AIA Contract Documents, a -mall The American Institute of Architects' legal § 2.3 CONSTRUCTION PHASE § 2.3.1 GENERAL § 2.3.1.1 The Construction Phase shall commence on the earlier of (1) the Owner's 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: (a) award a subcontract, or (b) undertake construction Work with the Construction Manager's own forces, or (c) issue a purchase order for materials or equipment required for the Work. § 2.3.2 ADMINISTRATION § 2,3.2.1 Those portions of the Work that the Construction Manager sloes not customarily perform with the Construction Manager's own personnel shall be performed under subcontracts or by other appropriate agreements with the Construction Manager. The Constniction Manager shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated to a special design for the Work from the list previously reviewed and, after anal)rzing such bids, shall deliver such bids to the Owner and Architect. The Owner will then determine, with the advice of the Construction Manager and subject to the reasonable objection of the Architect, which bids will be accepted. The Owner may designate specific persons or entities from whom the Construction Manager shall obtain bids; however, if the Guaranteed Maximum Price has been established, the Owner may not prohibit the Construction Manager from obtaining bids from other qualified bidders. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. § 2.3.2.2 If lire Guaranteed Maximum Price has been established and a specific bidder among those whose bids are delivered by the Construction Manager to the Owner and Architect (1) is recommended to the Owner by the Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid which conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner.requires that another bid be accepted, then the Construction Manager may require that a change in the Worts be issued to adjust the Contract Time and the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the.Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner, § 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 Sections 7.1.8 and 7.1.9 and shall not be awarded on the basis of cast plus a fee without the prior 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 promptly distribute meeting minutes. § 2,3.2.5 Promptly after the Owner's acceptance of the Guaranteed Maximum Price Price proposer, the Construction Manager shall prepare a schedule in accordance with Section 3.10 of A201TM--1997, including the Owner's occupancy requirements. § 2.3.2.6 The Construction Manager shall provide monthly written reports to the Owner and Architect on the pt•ogress of the entire Work. The Construction Manager shall maintain a daily log containing a tecot'd of weather, Subcontractors working on the site, number of workers, Work 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 cast control for the Work, including regular monitoring of actual casts for activities in progress andIestimates for uncompleted tasks and proposed changes. The Construction Manager shall identify variances,. between actual and estimated costs and report the variances to the Owner and Architect at regular intervals:• § 2.4 PROFESSIONAL SERVICES Section 3,12.10 ofA201T"1-1997 shall apply to both the Preconstruction and Construction Phases. A!A Document A121 ""CMc — 2003 and AGC Document 565. Copyright ®1001 and 2003 by The American instltuta of Architects and The 6 Associated General Contractors of America. Ati rights reserved. WARNING: This document is protected by U.S. Copyright Law attd Intecnationa! Treaties. Unauthorized reproduction or distribution of ails document, or any porttan of tt, may result in severe civil and P 5 9 criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten {10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal § 2.5 HAZARDOUS MATERIALS Section 10.3 of A201"11997 shall apply to both the Preconstivetion and Construction Phases. ARTICLE 3 OWNER'S RESPONSIBILITIES § 3.1 INFORMATION AND SERVICES § 3.1.1 The Owner shall provide full information in a timely manner regarding the requirements of the Project, including a program which sets forth the Owner's objectives, constraints and criteria, including space requirements and relationships, flexibility and expandability requirements, special equipment and systems, and site requirements. § 3.1.2 The Owner shall, at the written request of the Construction Manager prior to commencement of the Construction Phase and thereafter, furnish to the Construction Manager reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. Furnishing of such evidence shall be a condition precedent to commencement or continuation of the Work. After such evidence has been furiushed, the Owner shall not materially vary such financial arrangements without prior notice to the Construction Manager. § 3.1.3 The Owner shall establish and update an overall budget for the Project, based on consultation with the Construction Manager and Architect, which shall include contingencies for changes in the Work and other costs which are the responsibility of the Owner. § 3.1.4 STRUCTURAL AND ENVIRONMENTAL TESTS, 5URVEYS AND REPORTS In the Preconstruction Phase, the Owner shall furnish the following with reasonable promptness and at the Owner's expense. Except to the extent that the Construction Manager knows of any inaccuracy, the Construction Manager shall be entitled to rely upon the accuracy of any such information, reports, surveys, drawings and tests described in Sections 3.1.4.1 through 3.1.4.4 but shalt exercise cristoniary precautions relating to the performance of the Work. § 3.1.4.1 Reports, surveys, drawings and tests concerning the conditions of the site which are required by law. § 3.1.4.2 Surveys describing physical characteristics, legal limitations and utility locations for the site bf the Project, and a written legal description of the site. The surveys and legal 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 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 a geotedwical engineer when such services are requested by the Construction Manages. 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 ired laboratory and environmental tests, inspections and reports which are requby 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: § 3.2 OWNER'S 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. This rev, 'esetltative shall have the authority to make decisions on behalf of tli.e Owner concerning estimates and schedules, construction budgets, and changes in the Work, and shall render such decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or' -..Work of the Construction Manager. Except as otherwise provided in Section 4.2.1 of A201'rmw4997, the Architect does not have such authority. AIA Document A•121T"CMe — 2003 and AGC Document 5G5. Copyright m F991 and 2003 by The American institute of Architects and The ? Associated General Contractors of America. All rights reserved. WARNING: This document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or dtstrlbutian of this document, or any portion of tt, may result in severe civil and P 6 criminal penalties, and will be prosecuted to the maximum extent possible under Lite law. Purchasers are permitted to reproduce fen {1U} s .,r n.r� dnmimani wt,Rn rmmnlated. To report coovrioht violations of AIA Contract Documents. a -malt The American Institute of Architects' legal § 343 ARCMI I M;1 The Owner shall retain an Architect to provide Basic Services, including normal structural, mechanical and electrical engineering services, other than cost estimating services, described in the edition of AIA® Document B151TM1997, Abbreviated Standand Form of Agreement Between Owner and Architect current as of the date of this Agreement The Owner shall authorize and cause the Architect to provide those Additional Services described in B l S 1 TM-1997, requested by the Construction Manager which mast 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 Section 3.1. ARTICLE 4 COMPENSATIQN AND PAYMENTS FQR PRECQNSTRUGTIQN PHASE SERVICES The Owner shall compensate and make payments to the Construction Manager for Preconstruction Phase services as follows: § 4.1 COMPENSATIQN For the services described in Sections 2.1 and 2.2, the Construction Manager's compensation shall be calculated as follows. (State basis of compensation, whether a stipulated surn, multiple of Direct Personnel Expense, actual cost, etc. Include a statement of reimbursable cost items as applicable) See attached );�hibit+ ' C' § 4.1.2 Compensation for Preconstruction Phase Services sltali be equitably adjusted if such services extend beyond N/A ( ) days from the date of this Agreement or if the 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 monthly following presentation of the Construction Manager's invoice and, where applicable, shall be in proportion to services performed. § 4.2.2 Payments are due and payable twenty ( 20 ) days from the date the Construction Manager's invoice is received by the Owner. Amounts unpaid after the date on which payment is due shall bear interest at the rate entered below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is. located. (Insert rate of interest agreed upon.). N/A - -. (Usury laws and requil ihents tinder• the Feder•at Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) AIA Document A121 T"CMe — 2003 and AGC Document 565. Copyright ®1991 and 2003 by The American institute of Architects and The $ Associated General Contractors of America. All rights reserved. WARNING: This document Is protected by U.S. Copyright Law and P 6 intematlonal Treaties. Unauthorized reproduction' or distribuEion of th[s document, or any portion of it, may result in severe clvit and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. Purchasers are permitted to reproduce ten (10) ___,__ ..: ,mot., a..N,menf whon nmmnrAted- To renort coavriaht violations of AIA Contract Documents, e-mail The American Institute of Architects' legal 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 Section 2.3, the Owner shalt pay the Construction Manager in current fiends the Contract Sum consisting of the Cast of the Work as defined in Article 7 and the Construction Manager's Fee determined as follows: (State a lump swat, percentage of actual Cost of the 11Yw'ic or others provision for determining the Construction Ivlcmagers Fee, and explain how the Construction Itlanagers Fee is to be adjusted for changes in the H'ar•!c.) See attached Exhibit tCt § 5,2 GUARANTEED MAYIMIIM PRICE § 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 Amendment No. 1, subject to additions and deductions by changes in the Work as provided in the Contract Documents. Such tnaxiunnn stun 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 participate in any savings.) A3.1 savings made during the course of the project will be transferred to the Owner. § 5,3 CHANGES IN THE WORK § 5.3.1 Adjustments to the Guaranteed Maximum Price on aceotuut of changes in the Worlc subsequent to the execution of Amendment No, 1 may be determined by any of the methods listed in Section 7.3.3 of A201TM1997. § 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 Section 7.3.3.3 of A201TM 1997 and the terms "casts" and "a reasonable allowance for overhead and profit" as used in Section 7.3.6 of A201111- 1997 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 Itu. calculating adjustments to the Contract, the terms "cost" and "costs" as used in the above -referenced provisions of A201T4-1997 shall mean the Cost of the Work as defined in Article 6 of trues Agreement, and the term "and a reasonable allowance for overhead and profit" shall mean the Construction Manager's Fee as defined in Section 5.1.1 of this Agreement. § 5.3.4 If no specific provision is made in Section 5.1.1 for adjustment of the Construction Manager's Fee in the case of changes in the Work, or if the extent of such changes is such, iu the aggregate, that application of the adjustment provisions of Section 5.1.1 will cause substantial inequity to the Owner or Construction Manager, the Construction Manager's Fee shall be equitably adjusted on the basis of the Fee established for the original Work. ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE § 6,1 COSTS TO BE REIMBURSED ;. § 6.1.1 The term "Cost of the Work" shall mean costs necessarily incurred by the Const action Manager in the proper performance of the Work. Such costs shall be at rates not higher than those customarily paid at the place of the Project except with prior consent of the Owner: The Cost of the Work shall include only the items set forth in this Article 6. See attached Exhibit''&' C t AIA Document A121 *"CMc — 2093 and AGC Document 5ti5. Copyright ©1997 and 20t}3 by The American inslllute of Architects and The � Associated General Contractors of America. Afl rights reserved. WARNING: This document is protected by U.S. Copyright t.aw and International Treaties. Unauthorized reproduction or distribution of this document, or any portion of it, may result in severe civil and P 6 2 criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10} ___:_ ..r iw.l.vv,mom when rmmninted. To reoort couvriaht violations of AIA Contract Documents, e-mail The American Institute of Architects' legal § 6.1.2 LABOR COSTS .1 Wages of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner's agreement, at off -site workshops. .2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site with the Owner's agreement. (If it is intended that the wages or salaries of certain personnel stationed at the Construction Manager's principal office a• offices other than the site office shall be included in the Cast of the Mork, such personnel shall be identified below) See attached Exhibit 'Cr 3 Wages and salaries of the Construction Manager's supervisory or administative personnel engaged, at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. 4 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements, and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided that such costs are based on wages and salaries included it the Cost of the Work under Sections 6.1.2.1 through 6.1.2.3. § 6.1,3 SUBCONTRACT COSTS Payments made by the Cons#ruction Manager to Subcontri►ctors in accordance with the requirements of the subcontracts. § 61,4 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION .1 Costs, including transportation, of materials and equipment incorporated or to be incorporated in the completed construction. .: .2 Costs of materials described in the preceding Section 6.1.4,1 in excess of those actually installed but required to provide reasonable allowance for waste and for spoilage. Unused excess materials, if any, shall be handed over to the Owner at the completion of the Work or, at the Owner's option, shall be sold by the Constuetion Manager; amounts realized, if any, from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § 6,1.5 GOS7S OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND RELATED ITEMS .1 Costs, including iransportation, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment, and hand tools not eustornarily owned by the construction workers, which are provided by the Construction Manager at the site and fully consumed in the performance of the Work; and cost less salvage value on such items if not Rilly consumed, whether sold to others or retained by the Construction Manager. Cost for items previously used by the Construction Manager shall mean fair market value. .2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by the construction workers, which are provided by the Construction Manager at the site, whether rented from the Construction Manager or others, and costs of transportation, installation, minor repairs and replacements, dismantling and removal thereof, Rates and quantities of equipment rented shall be subject to the Owner's prior approval, .3 Costs of removal of debris from the site. .4 Reproduction costs, costs of telegrams, facsimile transmissions and long distance telephone calls, postage and express delivery charges, telephone at the site and reasonable petty cash expenses of the Or site office. .5 That portion of:the reasonable travel and subsistence expenses of the Construction Manager's personnel incurred while traveling in discharge of duties connected with the Work, sr AIA Document Ai21 TMCMc — 2003 and AGC Document 5ti5. Copyright C� 9991 and 2003 by The American Institute of Architects and The Assoaated General Contractors of America. All rights reserved. WARMING: This document Is protected by U.S. Copyright taw and International Treaties. Unauthorized reproduction or distribution of this document, or any portion of It, may result In severe oivif and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce fen (io) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal § 61.6 MISCELLANEOUS COSTS .1 That portion directly attributable to this Contract of premiums for insurance and bonds. (If charges for self-insurance are to be included, specify the basis of reimbursement.) See attached Exhibit: tC' .2 Sales, use or similar taxes imposed by a governmental authority which are related to the Work and for which the Construction Manager is liable. .3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Construction Manager is required by the Contract Documents to pay. .d Fees of testing laboratories for tests required by the Contract Documents, except those related to nonconforming Work other than that for which payment is permitted by Section 6.1.8.2. .5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent or other intellectual property rights arising from such requirement by the Contract Documents; payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims and payments of settlements made with the Owner's consent; provided, however, that such costs of legal defenses, judgment and settlements shall not be included in the calculation of the Construction Manager's Fee or the Guaranteed Maximum Price and provided that such royalties, fees and costs are not excluded by the last sentence of Section 3,17.1 of A201Tm-1997 or other provisions of the Contract Documents. .6 Data processing costs related to the Work. .7 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific responsibility to the Owner set fortli..in this Agreement. .8 Legal, mediation and arbitration costs, other than those arising from disputes between the.Owner and Construction Manager, reasonably incurred by the Construction Manager in the performance of the Work and with the Owner's.tvritten permission, which permission shall not be unreasonably withheld. ,9 Expenses incurmd in accordance with Construction Manager's standard personnel policy for relocation and temporary living allowances of personnel required for the Work, in case it is necessary to relocate such personnel from distant locations. § 6.1.7 OTHER COSTS .1 Other costs incurred in the perfol•lnance of the Work if and to the extent approved ill advance in writing by the Owner. § 6.1.8 EMERGENCIES AND REPAIRS TO DAMAGED OR NONCONFORMING WORK The Cast of the Work shall also include costs described in Section 6.1.1 which are incurred by the Construction Manager. .1 In taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property, as provided in Section 10.6 of A201TM—l997, .2 In repairing or correcting damaged or nonconforming Work executed by the Construction Manager or the Construction Manager's Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence or failure to fulfill a specific responsibility to the Owner set forth in this agreement of the Construction Manager or the Construction Manager's foremen, engineers or superintendents, or other supervisory, adininistrative or managerial personnel of the Construction Manager, or the failure of the Construction Manager's, personnel to supervise adequately the Work of the Subcontractors or suppliers, and only to the extent that the cost of repair or correction is not recoverable by the C.onstructi6it Manager from insurance, Subcontractors or supplieis. § 6.1.9 The costs described_in;Sections 6.1.1 through 6.1.8 shall be included in the Cost of the Work notwithstanding any provision of ATA'or A20lTM-1997 other Conditions of the Contract which may require the Construction Manager to pay such costs, unless such costs are excluded by the provisions of Section 6.2. AIA Document A429�"CMc— 2003 and AGC Document 565, Copyright � 1899 and 2003 by The American Institute of Architects end The � ,� Associated General ConUactors of America. Ali rights reserved. WAR[VING: This document is protected by U.S. Copyright Law and p 6 4 Itttematlonaf Treaties. Unauthorized reproduction or dis#ribution of this document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible on a, the law. Purchasers are permTiied fo reproduce ton (101 copies of this document when completed. To report capyrigtri viialions of AlA Contract Documents, a -mail The American Institute of Architects' legal § 6.2 COSTS NOT TO BE REIMBURSED § 6.2.1 The Cost of the Work shall not include: .1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the_ site office, except as specifically provided in Sections 6.1.2.2 and 6.1,2.3. .2 Expenses of the Construction Manager's principal office and offices other than the site office, except as specifically provided in Section 6.1. .3 Overhead and general expenses, except as may be expressly included in Section 6.1. .4 The Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work, .5 Rental costs of machinery and equipment, except as specifically provided in Section 6.1,5.2. .6 Except as provided in Section 6.1.8.2, costs clue to the negligence of the Construction Manager or to the failure of the Construction Manger to fulfill a specific responsibility to the Owner set forth in this Agreement. .7 Costs incurred in the perfonnance of Preconstruction Phase Services. .8 Except as provided in Section 6.1.7.1, any cost not specifically and expressly described in Section 6.16 9 Costs which would cause the Guaranteed Maximurn Price to be exceeded. § 6,3 biSGOUNTS, REBATES ANb REFUNDS § 6.3.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1) before making the payment, the Construction Manager included them in an Application for Payment and received payment therefor from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be secured. § 6.3.2 Amounts which accrete to the Owner in accordance with the provisions of Section 6,3.1 shall be credited to the Owner as a deduction from the Cost of the Work. § 6,4 AGGOUNTING RECORDS § 6.4.1 The Construction Manager shall keep fidl and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract; the accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's accountants shall be afforded access to the Construction Manager's records, books, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project, and the Construction Manager sliall preserve these for a period of three years after final payment, or for such longer period as may be required by law. ARTICLE 7 CONSTRUCTION PHASE § 7.1 PROGRESS PAYMENTS § 7.1,1 Based upon Applications for Payment submitted to the Architect by the Construction Manager and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contact Sum to the Construction Manager as provided below and elsewhere in the Contract Documents. § 7.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § Z1.3 Provided an Application for Payment is received by the Architect not later than the 25th day of a month, the Owner shall make payment to the Construction Manager not Later than the 15t n day of the next: tnonth..lf an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than thirty ( 30 ) days after the Architect receives the Application for Payment. AIA Document A121 T"CMe — 2003 and AGC Document 5ti5, Copyright ©1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING: This document is protected by U.S. Copyright Law and i 2 P International Treaties. Unauthorized reproduction ar distribution of this document, or any portion of it, may result in severe civet and arlminat penalties, and wilt be prasecuied to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents. v.-mall Thn Amorirtan rneeo.ra „F § 7.1.4 With each Application for Payment, the Construction Manager shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Construction Manager on account of the Cost of the Work equal or exceed (1) progress payments already received by the Construction Manager; less (2) that portion of those payments attributable to the Construction Manager's Fee; plus (3) payrolls for the period covered by the present Application for Payment. § 7,1.5 Each Application for Payment shall be based upon the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work, except that the Construction Manager's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Construction Manager's Applications foil Payment. § 7.1.6 Applications far Payment slua[I show the percentage completion of each portion of the Worlc as of the end of the period covered by the Application for Payment. The percentage completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed or (2) the percentage obtained by dividing (a) the expense which has actually been incurred by the Construction Manager on account of that portion of the Work for which the Construction Manager has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maxiinum Price allocated to that portion of the Work in the schedule of values. § 7.1.7 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows. .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to. the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.8 of A201TM-1997, even though the Guaranteed Maximum Price has not yet been adjusted by Change Order. .2 Add that portion .of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing. .3 Add the Construction Manager's Fee, less retainage of f ive percent ( 5 %), The Construction Manager's Fee shall be computed upon the Cost of the Work described in the two preceding Sections at the rate stated in Section 5.1.1 or, if the Constivetion Manager's Fee is stated as a fixed sum in that Section, shall be an amount which bears the same ratio to that fixe&sum Fee as the Cost of the Work in the two preceding Sections bears to a reasonable estimate of the probable Cost of the Work upon its completion. .4 Subtract the aggregate of previous payments made by the Owner. .5 Subtract the shortfall, if any, indicated by the Construction Manager in the documentation required by Section 7.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's accountants in such documentation. .S Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of A201TM-1997, § 7.1.8 Except with the Owner's prior approval, payments to Subcontractors shall be subject to retention of not less tlhahl five percent ( 5 %). The Owner and the Construction Manager shall agree upon a mutually acceptable procedure for review and approval of payments and retention for subcontracts. § 7.1.9 Except with the Owner's prior approval, the Construction Manager shall not make advance payments to suppliers for materials or, equipment which have not been delivered and stored at the site. § 7.1.10 In taking action on the Construction Manager's Applications for Payment, the Architect shall be entitled to rely on the accuracy and completeness of the information fiuriislhed by the Construction Manager and shall not be declined to represent that the Architect has made a detailed examination, audit or arithmetic verification of the AIA Document A121*"CMc — 2003 and AGC Document 865. Copyright ©1891 and 2003 by The American Institute of Architects and The 1 � Associated General Contractors of America. All rights reserved. WARNING: This document is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of this document, or any portion of it, may result in severe civil and P 6 6 criminalu penalties, and will be prosecuted to the maximum extent possible nder the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal documentation submitted in accordance with Section 7.1.4 or other supporting data, drat the Architect has made exhaustive or continuous on -site inspections or that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if acquired by the Owner, will be performed by the Owner's accountants acting in the sole interest of the Owner. § 7.2 FINAL PAYMENT § 7.2.1 Final payment shall be made by the Owner to the Construction Manager when (1) the Contract has been fully performed by the Construction Manager except for the Construction Manager's responsibility to correct nonconforming Work, as provided in Section 12.2.2 of A201Tm- l 997, and to satisfy other requirements, if any, wliicla necessarily survive final payment; (2) a final Application for Payment and a final accounting for the Cost of the Work have been submitted by the Construction Manager and reviewed by the Owner's accountants; and (3) a final Certificate for Payment has then been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: § 7,2.2 The amount of the final payment shall be calculated as follows: .1 Take the suof the Cost of the Work substantiated by the Constructi m on Manager's final accounting and the Construction Manager's Fee, but not more than the Guaranteed Maximum Price. .2 Subtract amounts, if any, for which the Architect withholds, in whole or in part, a final Certificate for Payment as provided in Section 9.5.1 ofA201TMI 1997 or other provisions of the Contract Documents. ,3 Subtract the aggregate of previous payments made by the Owner. If the aggregate of previous payments made by the Owner exceeds the amount due the Construction Manager, the Construction Manager shall reimburse the. difference to the Owner. § 723 The Owner's accountants will review and report in writing on the Construction Manager's final accounting , , within 30 days after delivery of the final accounting to the Architect by the Construction Manager. Based upon such Cost of the Work as the Owner's accountants report to be substantiated by the Construction Manager's final accounting, and provided the other conditions of Section 7 2.1 have been met, the Architect will, within seven days after receipt of the written report of the Owner's accountants, either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding A certificate as provided in Section 9.5.1 of A201T"'-1997 . The time periods stated in this Section 7.2 supersede those stated in Section 9.4.1 of A201TM1997. § 7.2.4 If the Owner's accountants report the Cost of the Work as substantiated by the Construction Manager's final accounting to be less than claimed by the Construction Manager, the,Construction Manager shall be entitled to proceed in accordance with Article 9 without a further decision of the Architect, Unless agreed to otherwise, a demand for mediation or arbitration of the disputed amount shall be made by the Construction Manager within 60 days after the Construction Manager's receipt of a copy of the Architect's final Certificate for Payment, Failure to make such demand within this 60-day period shall result in the substantiated amount reported by the Owner's accountants becoming binding on the Construction Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Construction Manager the amount certified in the Architect's final Certificate for Payment. § 7.2.5 If, subsequent to final payment and at the Owner's request, the Construction Manager incurs costs dii escribed in Section 6.1 and not excluded by Section.6.2 (1) to correct nonconforming Work or (2) arising from the resolution of disputes, the Owner shall reimburse the Construction Manager such costs and the Construction Manager's Fee, if any, related thereto on the same Basis as if such costs had been incurred prior to filial payment, but not in excess of the Guaranteed Maximum Price. -If the Construction Manager has participated in savings, the amount of such savings shall be recalculated aid appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Construction Manager. AIA document Ai2i T"CMe — 2003 and AGC Document 585. Copyright ®1991 and 2003 by The American institute of Architects and The Associated General Contractors of America• All rights reserved, WAttNtNG: This document is profected by U.S. Copyright l.aw and International Treaties. Unauthorized reproduction or distribution of fhis document, or any portion of it, may result in severe civli and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permiHad to reproduce ten cP 6 copies of this document when completed. To report copyright violations of AiA Contract Documents, a -mall The American Institute of Architectsts'' legal nnnnoM r nurfnhfnR n1n nrn. ARTICLE 8 INSURANCE AND BONDS § 8.1 INSURANCE REQUIRED OF THE CONSTRUCTION MANAGER During both phases of the Project, the Construction Manager shall purchase and maintain insurance as set forth in Section 11.1 ofA201W" 1997. Such insurance shall be written for not less than the following limits, or greater if required by law: § 8,1.1 Workers' Compensation and Employers' Liability meeting statutory limits mandated by state and federal laws. If (1) limits in excess of those required by statute are to be provided, or (2) the employer is not statutorily bound to obtain such insurance coverage or (3) additional coverages are required, additional coverages and limits for such insurance shall be as follows: See attached Certificate of Insurance § 8.1.2 Commercial General Liability including coverage for Premises -Operations, Independent Contractors' Protective, Products -Completed Operations, Contractual Liability, Personal Injury and Broad Form Property Damage (including coverage for Explosion, Collapse and Underground hazards): $ Each Occurrence $ General Aggregate $ Personal and Advertising Injury $ Products -Completed Operations Aggregate .1 The policy shall be endorsed to have the General Aggregate apply fie this Project only. .2 Products and Completed Operations insurance.shall be maintained for a minimum period of at least ( } year(s) after either 90 days following Substantial Completion or final payment, whichever is earlier. .3 The Contractual Liability.insprance shall include coverage sufficient to meet the obligations in Section 3.18 ofA201T41-1997: See attached Certificate of Insurance § 8.1.3 Automobile Liability (owned, non -owned and hired vehicles) for bodily injury and property damage: Each Accident See attached Certificate of Insurance § 8.1A Other coverage: (If Umbrella Excess Liability coverage is required over' the primary Insurance or retention, insert the coverage limits. Commercial General Liability and Automobile Liability limits may be attained by individual policies or by a combination of primary policies and Umbrella andlor Excess Liability policies. If Project Management Protective Liability Insurance is to be provided, state the limits here.) § 8,2 INSURANCE REQUIRED OF THE OWNER During both phases of the Project, the Owner' shall purchase and maintain liability and property insurance, including waivers of subrogation, as set forth in Sections 11.2 and 11.4 of A201*rm-1997. Such insurance shall be written for not less than the following limits, or greater if required by law: § 8.2.1 Property Insurance: - $ Deductible Per Occurrence Aggregate Deductible AIA Document A921*"CNic � 2003 and ACiC Document 565, Copyright O 9991 and 2003 by The American Institute of Af ht Lawaand�e 15 Associated Genera► Contractors of America. Ai) righfa reserved. WARNING; This document is protected by U.S. Copy g international Treaties. Unauthorized reproduction or distribution of this document, or any portion of it, may result in severe civil and P criminal penalties, and will be prosecuted to the maximum extent possible under the raw. Purchasers are permitted n stitute of ArchitecOtsle reproduce ten copies of this document when completed. To report copyright violations of ALA Contract Documents, e-mae The American Inlegal § 8.2.2 Boiler and Machinery insurance with a limit of. $ (If not a blanket policy, list the objects to be insured.) § 8,3 PERFORMANCE BOND AND PAYMENT BOND § 8.3.1 The Construction Manager shall (Insert "shall" or "shall not") ftlruish bonds covering faithful performance of the Contract and payment of obligations arising thereunder. Bonds may be obtained though the Construction Manager's usual source, and the cost thereof shall be included in the Cost of the Work, The amount of cacti bond shall be equal to percent ( 1.00 %) of the Contract Sum4 one hundred § 8.3.2 The Construction Manager shall deliver the required bonds to the Owner at least three clays before the commencement of ally Work at the Project site. ARTICLE 9 MISCELLANEOUS PROVISIONS § 9.1 DISPUTE RESOLUTION § 9AJ During both the Preconstruction and Construction Phases, Claims, disputes or other matters In question between the parties to this Agreement shall be resolved as provided in Sections 4.3 through 4.6 of A201TM- l 997 except that, during the Preconstruction Phase, no decision by the Architect shall be a condition precedent to mediation or arbitration. § 9.2 OTHER PROVISIONS Tr,,i_ § 9.2.1 Unless otherwise noted, the terms used in this Agree►xrent shall have the same meaning as those in A20 } 1997, General Conditions of the Contract for Construction. § 9.2.2 EXTENT OF CONTRACT This Contract, which includes this Agreement and the other documents incorporated herein by.refereuce, represents tine entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Construction Manager. if anything in any document incorporated •into this Agreement is inconsistent with this Agreement, this Agreement shall govern. § 5.2.3 OWNERSHIP AND USE OF DOCUMENTS Article 1.6 of A20 tTM-1997 shall apply to both the Preconstruction and Construction Phases. § 4 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located. § 9.2.5 ASSIGNMENT The Owner and Construction Manager respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of stick other party in respect to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2 of AWITMt 1997, neither party to the Contract shall assign the Contract as a whole without written consent of tine other, if either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. ARTICLE 10 TERMINATION OR SUSPENSION § 10.1 TERMINATION PRIOR TO ESTABLISHING GUARANTEED MAXIMUM PRICE § 10.1.1 Prior to execution by both parties of Amendment No. 1 establishing the Guaranteed Maximum Price, the Owner may terminate this�.Cgiitract at any time without cause, and the Construction Manager may terminate this Contract for any of tile`reasons described in Section 14.1.1 of A201TM-1997. § 10.1.2 If the Owner or Construction Manager terminates this Contract pursuant to this Section 10.1 prior to commencement of the Constniction Phase, the Construction Manager shall be equitably compensated for AIA Document A121 r"CMc — 2003 and AGC Document 565. Copyright 01991 and 2093 by The American Institute of Architects and The 1 � Associated General Contractors of America. All rights reserved. WARNING: This document is protected by U,S. Copyright Law and Internatlonai Treaties. Unauthorized reproduction or distribution of this document, or any portion of it, may result In severe civil and P 6 9 criminal penalties, and will be prosecuted to the maximum extent possible under the taw. Purchasers are permitted to reproduce ten rchitectsts'legal c copies of this document when completed. To report copyright violations of AIA Contract Documents, a -mail The American Institute of A' nrnnem ennv&AitdAat2 esm Preconstruction Phase Services performed prior to reoeipt of notice of termination') provided, however, that the compensation for such services shall not exceed the compensation set forth in Section 4.1.1. § 10.1.3 If the Owner or Construction Manager terminates this Contract pursuant to this Section 10.1 after commencement of the Construction Phase, the Construction Manager shall, in addition to the compensation provided iii Section 10.1.2, be paid an amount calculated as follows. .l Take the Cost of the Work incurred by the Construction Manager. .2 Add the Construction Manager's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 5.1 or, if the Construction Manager's Fee is stated as a fixed sutra in that Section, all amount which bears the same ratio to that fixed -sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion. .3 Subtract the aggregate of previous payments made by the Owner on account of the Construction Phase. The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager which the Owner elects to retain and which is not otherwise included in the Cost of the Work under Section 10.1.3.1. To the extent that the Owncr elects to take legal assignment of subcontracts and purchase orders (iucludirrg rental agreements}, the Construction Manager shall, as a condition of receiving the payments referred to in this Article 10, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual tights of the Construction Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. Subcontracts, purchase orders arrd rental agreements entered into by the Constrnetiou Manager with the Owner's written approval prior to the execution of Amendment No. 1 shall contain provisions permitting assignment to the Owner as described above. If the Owner accepts such assignment, the Owner shall reimburse or indemnify the Construction Manager with respect to all costs arising under the subcontract, purchase order or rental agreement except those which would not have been reimbursable as Cost of the Work if the contract had not been terminated. If the Owner elects not to accept the assignment of any subcontract, purchase order or rental agreement which would have constituted a Cost of the Work had this agreement not been terminated, the Construction Manager shall terminate such subcontract, purchase order or rental agreement and the Owner shall pay the Construction Manager the costs necessarily incurred by the Construction Manager by reason of such termination. TERMINATif%N SUBSEQUENT TO ESTABLISHING GUARANTEED MAXIMUM PRICE Subsequent to execution by both parties of Amendment No. 1, the Cottt►act may be terminated as provided in Article 14 of A201Tm-1997. § 10.21 iu the event of such terYnilration by the Owner, the amount payable to the Construction Manager Manager pursuant to Section 14.1.3 of A2QITm-1997 shall not exceed the amount the Construction Manager.would have been entitled to receive pursuant to Sections 10.1.2 and 10.1.3 of this Agreement. § 10.2.2 In the event of such termination by the Construction Manager, the amount to be paid to the Construction Manager under Section 14.1.3 of ALM —1997 shall not exceed the amount the Construction Manager would have been entitled to receive under Sections 10.1.2 and 10.1.3 above, except that the Construction Manager's Fee shall be calculated as if the Work had been fully completed by the Construction Manager, including a reasonable estimate of the Cost of the Work for Work not actually completed. § 10.3 SUSPENSION The Work may be suspended by the Owner as provided in Article 14 of A201TM-1997; in such case, the Guaranteed Maximum Price, if established, shall be. increased as provided in Section 14a2 of A2Q1T"t-1997 except that the term "cost of performance of the Contract" in: that Section shall be understood to mean the Cost of the Work and the term "profit" shall be understood to. mean the Construction Manager's Fee as described in Sections 5.1.1 and 5.3.4 of this Agreement. AIA gocument A121 TMCMc — 2003 and AGC Document 585. Copyright ©1991 and 2Ug3 by The American institute of Architects and The � ,� Associated General Contractors ofAmerica. Alt fights reserved, WARNING: This document is protected by U.S. Copyright t.aw and P % 0 International Treaties. Unauthorized reproduction or distribution of'this document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. Purchasers are permitted to reproduce len (it)) copies of this document when completed To report copyright violations of AIA Contract Documents, a -mall The American Institute of Architects' legal ARTICLE 11 OTHER CONDITIONS AND SERVICES This Agreement entered into as of the day and year first written above. OWNER (Signature) (Printed r7ahze and title) Date ATTEST CONSTRUCTION MANAGER (Signature) (Printed narrte and title) Date ATTEST CAUTION: Yau should sign an origlna( AIA Contract Document, on which this text appears in RED. An original assures that changes wi0 not be obscured. AIA Document A121 TMCMe — 2003 and AGC Document 565. Copyright 01991 and 2008 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING: This document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this document, or any portion of it, may result in severe civic and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers era permilled to reproduce fen (10} copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal rnunnRL rnnvrinhi0aia.ora1 P71 " Document1i Amendment i Amendment No. 9 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER Pursuant to Section 2.2 of the Agreement, dated October 26, 2010 between City of Sanger (Owner) and Dean Construction, Inc. -(the Construction Manager), for Sanger Athletic Complex (the Project), the Owner and Construction Manager establish a Guaranteed Maximum Price and Contract Time for the Work asset forth below. ARTICLE I GUARANTCE:U MMAIMUM PRICE The Construction Manager's Guaranteed Maximum Price for the Work, including the estimated Cost of the Work as defined in Article 6 and the Construction Manager's Fee as defined in Article 5, is Four hundred fifty-four thousand Dollars ($ 454,000.00 ). This Price is for the performance of the Work in accordance with the Contract Documents listed and attached to this Amendment and marked Exhibits A through F, as follows: Exhibit A Drawings, Specifications, addenda and General, Supplementary and other Conditions of the Contract on which the Guaranteed Maximum Price is based, pages. I throughl.03 , dated October U7 . l8, 2010 Exhibit B Allowance items, pages N/A through ,dated Exhibit C Assumptions and Clarifications inade in preparing the Guaranteed Maximum Price, pages 1 through 1 , dated October- 26,. 2010 Exhibit D Completion Schedule, pages IVA through ,dated Exhibit E Alternate Prices, pages N/A through , dated Exhibit F Unit Prices, pages N/A through. , dated ARTICLE 11 CONTRACT TIME The date of Substantial Completion established by this Arnendtnent is: •CITi'Pr (Signature) (Panted raanre artd title) Date ATTEST CONSTRUCTION MANAGER (Signature) - (Printed name and title) Date ATTEST - CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. AIA Document A121'"AM -- 2003 and ACC Document 565. Copyright ©1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved, WARNING: This document is protected by U.S. Copyright Law and � 9 International Treaties. Unauthorized reproduction or distribution of this document, or any po�tion of it, may result in severe civil and P � 2 crhntnal penalties, and will be prosecuted to the maximum extent possible under file taw. Purchasers are permitted to repnadoce ten (10) coptes of this document when completed. To repot copyright violations of AIA Contract Qoeumen% e-m a The American Institute of Architects' legal EXHIBIT �c� KEATON ROAD ONLY NovemberSanger, Texas r 2010 Sub -Contractors Bid Total $ 454,000.00 Contingency $ Testing by Construction Manager $ - Survey $ - Band $ General Conditions $ Fee $ - � T btal tst�arant�eei ivi��iiniirn rTice: $ 454,uvu.i3fi �' Performance and Payment Bonds will be included in this contract. The cost of the Performance and Payment Bonds will be billed as a line item in Phase II of the project. P73 COUNCIL AGENDA ITEM AGENDA TYPE Regular Special Consent Reviewed by Finance Not Applicable F] Workshop F�] Executive F] Public Hearing Reviewed by Leg Not Applicable Council Meeting Dates November 15, 20 10 Submitted By: Mike Brice City Manager Reviewed/Approval Initials Date !ACTION REQUESTED: ■••. ■ RESOLUTION APPROVAL ■ CHANGE ORDER ■ APPROVAL OF BID AWARD OF • •. ■ CONSENSUS ■ REAPPOINTMENTS CAPTION Recommendation of Award of contract to Dean Construction for the construction of the Keaton Road Paving,AGENDA .•- and Utilities improvements. SUMMARYFINANCIAL EIN/A []GRANT FUNDS OOPERATING EXPENSE [:]REVENUE '�7CIP RBUDGETED ONON-BUDGETED .. •. .. YEAR.FISCAL Proposed Expenditure Amount Encumbered Amount TO ■' utility ■ ' Special ■ BACKGROUND/SUMMARY Road Paving, Drainage and Utilities improvements was advertised and staff received five (5) bids of roadway is approximately 2,300 linear feet and consists of 23-foot back-to�back wide concrete roadway with 546ot wide concrete sidewalks. Along with approximately 670 linear feet of 2446ot wide park road with 1046ot wide sidewalk. STAFFKeaton OPTIONS & RECOMMENDATION Staff recommends to award of contract to Dean Construction for the amount of $454,000.00. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: Recommendation from Hamilton�Duffy, Inc. P74 HAMILTON DUFFY, P.C. Civil & Environmental Engineers • Planners • Construction Managers November 8, 2010 Mr. Robert Woods, P.E. 201 Bolivar P.O. Box 1729 Sanger, Texas 76266 RE: Recommendation for Contract Award Keaton Road Paving, Drainage and Utility Improvements Engineer's Project No.138-003 City of Sanger, Texas Dear Rob: We have enclosed a complete Bid Tabulation for the bids opened on November 3, 2010, at 2:00 PM at City Hall for the above referenced project. The City received five (5) bids on this project. All of the bidders provided a bid bond at the time of the bid opening. Bids were lump sum bids. We recommend the City award the contract to the low bidder, Dean Construction, for their base bid of $454,000.00 at your next available Council meeting. Please feel free to contact us if you have any questions or if we can be of assistance. Sincerely, HAMMII,TON DUFFY, P.C. MAR Keiih Hamilton, P.E. Attachments 8241 Mid -Cities Blvd, #100 North Richland Hills, TX 76182 Phone: (817) 268-0408 Fax: (817) 284-8408 P75 Bld Tab Owner: City of Sanger Engineer: Hamilton and Duffy, LLC Project: Keaton Road Paving, Drainage and Utilities Improvements Bid Date: 3-NovAO Bidder Bid Amount Addendums Acknowledged Bid Bond Received No. Conatser Construction 1 JRJ Paving r biW3,�Se ✓ �� 2 Wier Bros. 3 Frank Bartel Transportation, Inc. fµj�( U� ,f?`�f`f L/ 4 L.H. Lacy n= 000 i✓ 1✓� 5 McMahon Contracting g Dean Construction I i��'(�Itb.DU V �" ✓ 7 Jagoe-Public g 9 10 11 12 13 14 15 P76 r. ,'ROSPECTIVE BIDDERS/CONTRACTORS Engineers. PLAN & SPECIFICATION DISTRIBTION LIST HAMILTON DUFFY, P.C. "'ITY OF SANGER, TEXAS 8241 Mid Cities Blvd., #100 KEATON RD. PAVING, DRAINAGE & UTILITIES IMPROVEMENTS North Richland Hills, TX 76182 ENGINEERS PROJECTNO. 138-003 (817) 268-0408 (817) 28484408 fax PLANS & SPECS AVAILABLE October 18, 2010 *Plans must be received by November 3, 2010, 2:00 P.M. Non -Refundable Plan & Spec. Cost: $60.00 per set payable to Hamilton Duffy, P.C. P. Address 13rds To: Dean Construction PublicWorks/Engineering Dept. 201 Boliver Street P.O. Box 1729 Sanger, Texas 76266 Engineers Estimate of Probable Construction Cost $ NAME OF CONTRACTOR/PROSPECTIVE BIDDER MATERIAL SUPPLIER, PUBLISHING HOUSE, ETC. OR PUBLIC ENTITY RECEIVING PLANS & SPECS to $ Plan &Spec. No. $60.00 —payment for Plans & Specs Date Plans Sent or Picked4Jp. 1, Name: (LP0&T5f4E COO&C"(61 Address: 63 Z 2 VA i c i 4► r� �; , �-�� Address: 1O- o &&ox• 15 d-4-8 F:T. a3aJezr +1 Cz� L 5 bc�vo� Telephone: S 0 5 3&- 1143 Fax. •(ELI� 54 ' Q&55 (p Email• C1', Cell 15101 - S15 - :5q 43 2, Name: JAT P L Address: t b o 6K Address: �-,`tf bG �1 �-2�► �('k p 0 Telephone:(! �U ) _ y is to � li 3 h � Fax: 2aM 4Lia(o 95 41 Email: 3, Name: sLAa..�- , L p u b k O Address: 92< 5 Address: O au.&s -EX Telephone:ft7 z 5 to Fax: (0172) '5'7(oo 7.1411 Email' W t j it {o r)D5 9 i1 e, L Page 1 of 10 P77 Plan & Spec. No. $60.00 — payment for Plans & Sliecs Date Plans Sent or Picked-U 4. Name:-2►c:. �,a2t'F� Ta��► `� Po,=T�Tto,� Inc . Address: Address: dog 1 u Telephone: - 3'i4so Fax: (`i 4°) 3(d; - cI35? Email: b. A cw enx,n (lr,1�1 r k�l - coevx 5. Name:l�� a.�L' 1015 Address: 19 8c>6- Address:Df,L.L.As T. 1523�-- Telephone: (`ZAd7) 3 "1 — O 't 44o Fax: Email: fAxw,.F-;Afj e. 1_._• Ucl c�26A 6, Name: ? �• C�'l "k Address: 00, 6 pX /5",3 CAS JS� Address: *181j 24t K Telephone: Fax: C p2G V add$ Email: 'tea N2 t'1 n c� n n r'd,011CA 7• Name: PEEP Clb-msTw-�cs n►, Address: P a B ay, "l Q Address: AIG!j k4l, "I L 2'2 Telephone: (zLLIj %j Fax: Email: 8. Name: U ti Address: ° LU C a-S�b Address:•N N , �'�� 2' Telephones("rQV asr1 Fax, �1y0 3 Email: 9. Name: Address, Address, Telephone:(....) Fax: �) Email: 10. 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