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HomeMy WebLinkAbout8.3 Authorize the Village Manager to negotiate a Contruction Management contract with Camosy Construction BoardDocs® ProPage 1 of 4 Agenda Item Details MeetingMay 15, 2018 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - 7:00 p.m. Category8. VILLAGE MANAGER'S REPORT Subject8.3 Motion to authorize the Village Manager to negotiate a Construction Management contract with Camosy Construction in an amount not to exceed $72,000. AccessPublic TypeAction Preferred DateMay 15, 2018 Absolute DateMay 15, 2018 Fiscal ImpactYes Dollar Amount72,000.00 BudgetedYes Budget SourcePolice Headquarters Capital Budget Recommended ActionAuthorize the Village Manager to negotiate a Construction Management contract with Camosy Construction, Inc. of Zion, Illinois in the amount of $72,000.00. Public Content Information The Village issued a request for proposals (RFP) for Construction Management Services for the new Police Headquarters to be located at 799 Biermann Court on March 7, 2018. A Construction Manager (CM) delivery method allows for the CM to be part of the project team early in the design process, continually pricing and budgeting ideas and concepts to remain on budget throughout the project. This method allows for “value engineering” to happen during the design process, rather than waiting to bid a project out after the design is completed, then having to go back to the drawing board if costs are over budget. The Construction Manager delivery method is designed to save time and money, while providing an accurate budgeting process throughout design. In addition, this method is known as CM at-risk because at some point in the design process, the CM will provide a guaranteed maximum price for the project. This allows the Village to set their budget, remove any risk of cost overruns, and puts all bonding and contractual requirements for subcontractors on the CM. This is the same method that has been used on the Village’s other municipal building projects in the past. The RFP was made available on our website through the transparency portal, was advertised in the Daily Herald, and made available at the Community Development counter. The 35 page document is very similar to those RFP’s that have recently been completed in neighboring communities, including Arlington Heights and St. Charles. It lays out the specific requirements for qualifications, the evaluation criteria, and a request for a separate cost proposal that would be part of the evaluation process. Additionally, the RFP provided a conceptual layout of the site, including expanded parking areas, a delineation of where the building may be partially demolished, and the inclusion of two new access points onto Kensington Road. Submittals were received by the deadline on March 28, 2018 from Leopardo Construction, MTI Construction, WB Olsen Construction, Riley Construction, Frederick Quinn Construction, Nicholas and Associates, and Camosy Construction. Staff evaluated all seven submittals based on the following categories: 1.Police Building experience 2.Experience constructing complex buildings 3.Preconstruction services 4.Confidence in proposed Project Manager and Superintendent 5.Project Manager experience and current workload 6.Historical and proposed schedule performance 7.Subjective feeling Table 1: CM Rankings Nicholas & CategoryMax. PointsCamosyLeopardoRileyMTIFQCWB Olson Associates Police Experience10.09.18.99.17.75.83.64.1 Complex Buildings10.08.89.28.77.06.15.85.0 Pre-Construction Services10.08.88.08.56.56.26.25.6 https://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login6/8/2018 BoardDocs® ProPage 2 of 4 Confidence in 10.09.57.87.15.65.45.85.2 PM/Superintendent PM Experience/Workload 10.09.38.06.95.54.95.65.2 Concerns Time/Budget Performance10.09.07.57.46.55.86.96.3 Subjective Feeling10.09.58.48.35.35.35.34.8 Totals:70.064.057.856.044.139.539.236.2 The fee proposals were then opened and ranked in order from lowest to highest. Fee proposals were to be based upon a 15 month construction schedule and $21.5 million construction budget, and included four major categories: ?CM fee percentage, ?preconstruction services cost, ?general conditions value, and ?bond cost. The CM fee and bond percentages were multiplied by the standard $21.5 million construction value assumed, while the preconstruction services was a flat fee for the CM’s participation in the design review and budgeting process. General conditions included the following costs over a 15 month construction period: Project Manager, Superintendent, additional office staff, jobsite trailer, phone, fax, internet, drinking water for jobsite, portable toilets, temporary safety protection, in-progress cleanup, dumpsters, traffic control and flagmen, safety, first aid, and fire extinguishers, survey and layout of the building and site, drawing reproduction costs including for bidding, miscellaneous tools and equipment, temporary signage, temporary project signs, any postage and delivery fees, street cleaning, tree protection, and construction progress photos. Table 2: Cost Proposal NicholasCamosyMTIWB OlsonFQCRileyLeopardo Criteria CM Fee $$$569,750.00$376,250.00$537,500.00$537,500.00$430,000.00$322,500.00$591,250.00 Preconstruction Services$0.00$72,000.00$49,000.00$18,000.00$45,000.00$60,000.00$60,000.00 General Conditions$464,850.00$646,651.00$638,360.00$784,822.00$962,100.00$1,277,589.00$955,072.00 Bond Cost$161,250.00$121,905.00$150,500.00$129,000.00$161,250.00$131,150.00$215,000.00 Total Fee as submitted$1,195,850.00$1,216,806.00$1,375,360.00$1,469,322.00$1,598,350.00$1,791,239.00$1,821,322.00 When combining the fee proposals with the qualifications evaluations, staff narrowed the field to three firms to be interviewed. Riley Construction, Nicholas and Associates, and Camosy Construction were all given an opportunity to interview before the staff evaluation team. These three were selected because they were either top qualified or lowest price, or a combination of both. Each team prepared a 15 minute presentation about their firm, then answered questions from staff for 40 minutes. All three firms were asked the same questions from staff to keep a level playing field. Those questions included: ?What do you feel are the unique and challenging conditions with this adaptive reuse project? How would you address them? Have you worked on an adaptive reuse project before? ?On your last project with preconstruction services, can describe a time when you brought up a value engineering idea? What does value engineering mean to you? Provide some samples of previous value engineering success. ?The team acknowledges that Police Stations are very complicated to construct. What are the three trades you see requiring the most special attention and do you have a recommended subcontractor for each of them? ?Lead us through your scheduling process. What makes your schedule something we can believe in? ?Discuss your approach to resolving an architectural design issue encountered during construction. Tell us about a previous issue that was encountered and resolved. ?What is your current workload for the team assigned to this project? What is the experience for each of the team members specifically with Police Stations? ?Do you expect to have design influence on the project because of your previous experience, or are you expecting your input to only be on costs? ?What is the current bidding environment? ?Can you talk about your safety team? At the conclusion of the interviews, staff was unanimous in their choice of Camosy Construction for the project for the following reasons: ?Significant history and experience with building Police Stations o Camosy has successfully completed Bensenville, Palatine, Glendale Heights and Northlake Police Departments in Illinois the last 8 years. Additional Police work has been completed in Wisconsin during this time period as well. References have been very positive as to the quality and success of these stations. o While Riley has several Police projects in recent years as well, two of them are currently under construction and cannot be fully evaluated, while the others were several years ago. This also effects the availability of the project team as St. Charles Police has not yet broken ground. o Leopardo Construction had a more limited Police resume, but has a significant municipal clientele. ?Examples of adaptive reuse projects- specifically for Police purposes if possible. o Bensenville Police Station was an adaptive reuse of an existing vacant and deteriorated warehouse. This project included a significant amount of site and storm water work, a complete reface of the entire building, and an all new interior layout. This project is the most similar to the needs of the building being purchased by the Village of Mount Prospect. o Library Park Apartments is an adaptive reuse of a 1929 historically registered YMCA building in Kenosha, WI. Retrofitting apartments into a 90 year old building that is on the historic registry is a significant undertaking and proves the ability of Camosy to handle extremely trying construction projects. https://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login6/8/2018 BoardDocs® ProPage 3 of 4 o The only other significant Police facility in the Northern Illinois market that was an adaptive reuse was the Skokie Police Station. That work was completed by Riley Construction, which is what helped propel them into the top three qualifiers. Leopardo Construction had no adaptive reuse projects that compared to the complexity of the projects listed above. ?Qualifications and experience of their entire project team o Staff felt confident that the timing of the project team, coupled with their current and future workload, results in Camosy’s project team being the strongest of the applicants. Having a staff and project team that has worked together for over twenty years, combined with the multitude of construction certifications that the team hold, is a bonus. Their commitment to keep this experienced team together for the project will serve the Village well. o While Riley has an excellent team for Police construction as well, their team is dedicated to finishing up Arlington Heights Police currently, then moving onto St. Charles from there. With no certainty that we would get their top-rated construction team. Therefore, staff felt Camosy was a better choice. o Leopardo does not have a project team that specializes in Police work. They have qualified staff, but the Village will be better served with an A-list project team that specializes in Police construction. ?Commitment to soliciting local subcontractor bids o If the Village is to truly benefit from local construction jobs on this project, there has to be a clear and open process to open up bidding to local contractors. Camosy provided several options to do this including using Mount Prospect Digital Communications, notifications in local water bills, local radio ads, a social media presence, and private meetings with local trades and unions. o While other candidates included local bidding as part of their overall concepts, no firm demonstrated the commitment to inviting local participation the with the level of detail presented by Camosy. ?Planned social media presence and focus on transparency o In addition to using social media as part of the bidding process, Camosy was the only contractor to talk about its use for transparency. A coordinated social media blitz was described to our staff and the Village Board on how to keep the public in the loop on the progress and process of construction for this Police project. Facebook, Twitter, and LinkedIn were all identified, along with links on the Village, Camosy and FGM websites to information on this project. As the public has been requesting more information and transparency on this entire project, this plan will serve the Village residents well. ?Additional services offered in the base contract pricing. o Inclusion of a 3D scan of the entire building for the architects to use, which will help avoid delays and conflicts in the field later in construction by Camosy Construction. This service was included in their base fee proposal as it is critical to the success in avoiding surprises down the road, when design turns into construction. Minimization of change orders due to existing conditions is the best way to save unexpected costs. This scanning process will go a long way to minimizing surprises in the long run. o The inclusion of a real-time photography documentation program that documents all mechanical, electric, and plumbing systems within each wall prior to drywall installation for the long term benefit of the Village. If there is ever an issue in the future, or if space needs to be remodeled many years down the road, this program will assist in locating vital mechanical, electrical, and plumbing components within the walls when this generation of employees has moved on. Being able to keep institutional knowledge of the inner working of a building is essential for a building that is supposed to last for the next 50 years plus. Camosy Construction and Nicholas and Associates were invited to make their CM presentations to the Village Board at the May 8, 2018 Special Committee of the Whole - Workshop. Nicholas and Associates withdrew their proposal from consideration prior to the May 8 Workshop; however, Camosy Construction still presented on May 8 and responded to questions from the Village Board. As Nicholas and Associates withdrew their proposal from consideration late in this process, it leaves Camosy Construction as both the lowest bidder and the most qualified bidder according to the staff evaluation and interview process. Nicholas and Associate's withdrawal did not change staff's evaluation process, nor did it change the opinion of staff that Camosy Construction was the most qualified bidder. The next most qualified bidder, Riley Construction, is $574,433.00 more expensive than Camosy Construction, which is 47% higher. In addition, there were some staff concerns about Riley's available staff on the project as they are currently working on Police Stations in Arlington Heights and St. Charles. Leopardo Construction would be the third most qualified in line, but again their price is $604, 516.00 more and they do not offer as dedicated and qualified Police construction staff as Camosy can. As such, it is the recommendation of staff to move forward with Camosy Construction as the construction manager of the new Police Headquarters. In order to take the next step in the process, the Village Board would authorize the Village Manager to execute a contract for construction management services in accordance with AIA Document A133-2009, which only authorizes the preconstruction portion of the contract. This value is $72,000 as proposed by Camosy Construction in their fee proposal. Only after a Guaranteed Maximum Price (GMP) is set by the project team, and that budget is approved by the Village Board, will Exhibit A be added to the AIA Document A133-2009 to include the CM fee, general conditions, and bond costs that round out the overall fee as submitted in the RFP fee proposal. Alternatives 1. Motion to authorize the Village Manager to negotiate a Construction Management contract with Camosy Construction, Inc. of Zion, Illinois in the amount of $72,000.00 2. Action at discretion of Village Board. Staff Recommendation Staff recommends the Village Board to authorize the Village Manager to negotiate a Construction Management contract with Camosy Construction, Inc. of Zion, Illinois in the amount of $72,000.00 CM Fee Tabulation.pdf (72 KB)CM rfp.pdf (728 KB)Camosy.pdf (19,543 KB)cm qualifications.pdf (76 KB) 133 Sample.pdf (561 KB)133 amendment gmp.pdf (312 KB) https://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login6/8/2018 BoardDocs® ProPage 4 of 4 Administrative Content AB: Added reference the Board's Workshop Executive Content Motion & Voting Authorize the Village Manager to negotiate a Construction Management contract with Camosy Construction, Inc. of Zion, Illinois in the amount of $72,000.00. Motion by William Grossi, second by Michael Zadel. https://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login6/8/2018 Table 2: Cost Proposal NicholasCamosyMTIWB OlsonFQCRileyLeopardo Criteria CM Fee $$$569,750.00$376,250.00$537,500.00$537,500.00$430,000.00$322,500.00$591,250.00 Preconstruction Services$0.00$72,000.00$49,000.00$18,000.00$45,000.00$60,000.00$60,000.00 General Conditions$464,850.00$646,651.00$638,360.00$784,822.00$962,100.00$1,277,589.00$955,072.00 Bond Cost$161,250.00$121,905.00$150,500.00$129,000.00$161,250.00$131,150.00$215,000.00 Total Fee as submitted$1,195,850.00$1,216,806.00$1,375,360.00$1,469,322.00$1,598,350.00$1,791,239.00$1,821,322.00 MOUNT PROSPECT POLICE HEADQUARTERS REQUEST FOR PROPOSAL NOTICE IS HEREBY GIVEN that Request for Proposals (RFP) are invited by the Village of Mount Prospect, Illinois for Construction Management Services. TheVillage of Mount Prospectis seeking qualifiedConstruction Managers with experience and interest to present their qualifications and capabilities to provide Construction Management Services (at risk) for the newPolice Headquartersfor the Village of Mount Prospect, Illinois. The Construction Management Qualifications and Request for Proposals Package is availablefor pick-up at the Village of Mount Prospect,Building Departmentlocated at 50 S. Emerson Street, Mount Prospect, IL 60056or via email mrysavy@mountprospect.org Proposals are due and will be accepted until 3:00 P.M. on WednesdayMarch 28, 2018with the following provisions: 1.Submit one (1) original and eight(8)Copies and one (1) electronic pdf copy of the response to the Qualifications and Request for Proposals Packageon a USB drive. Do not submit on a cd or dvd. 2.Submittals are to be contained in sealed envelopes marked with the RFP Title (“Mount ProspectPolice HeadquartersConstruction Management Services Proposal”), Proposal Due Date and Time. 3.PROPOSALS SUBMITTED BY FACSIMILE OR E-MAIL WILL NOT BE ACCEPTED! Proposal shall be submitted to:Village of Mount Prospect, Building Department 50 S. Emerson Street Mount Prospect, Illinois 60056 Attn: Mark Rysavy, DD Building & Inspection Services Proposals may not be withdrawn for a period of 90 days after proposal due date without the consent of the Village of Mount Prospect. Any Proposal submitted unsealed or unsigned, received via fax transmissions, electronically or received subsequent to the aforementioned date and time, may be disqualified and returned to the submitter. TheVillage of Mount Prospectreserves the right to reject any and all proposals or parts thereof, to waive any irregularities or informalities in proposal procedures and to award the contract in a manner best serving the interest of the Village. Proposals will not be opened in a public forum. Request for ProposalPage 1 Mount Prospect Police Headquarters-Construction ManagementPage2 MOUNT PROSPECT POLICE HEADQUARTERS REQUEST FOR PROPOSALS CONSTRUCTION MANAGEMENT (AT RISK) SERVICES TABLE OF CONTENTS Table of Contents..........................................................................................................................2 Instructions for Proposals.............................................................................................................3 Qualification Submittal Form.........................................................................................................8 Fee Proposal Form.....................................................................................................................26 General Conditions Form............................................................................................................30 Reference Documents 1.Preliminary Project Schedule 2.Conceptual Site Plan End Table of Contents Mount Prospect Police Headquarters-Construction ManagementPage3 MOUNT PROSPECT POLICE HEADQUARTERS INSTRUCTIONS FOR REQUESTS FOR PROPOSALS CONSTRUCTION MANAGEMENT SERVICES (AT RISK) A.Purpose The purpose of this Request for Proposals (RFP) is to permit the Owner to evaluate Construction Management (CM) firms’ capabilities to undertake and complete the construction of a new Police Headquartersfor the Village of Mount Prospect. The owner intends to seek qualified Construction Management firms to proceed to the oral interview stage. Upon completion of the interview stage, the owner intends to enter into contract negotiations with the firm deemed most qualified to successfully provide these services. B.Project Description The Village of Mount Prospect, Illinois is planning an adaptive reuse of the existing warehouse facility located at 799 Biermann Court into a new police headquarters. The project consistsof an existing 103,000 square feet warehouse that will be adapted to house a new police headquartersof approximately 87,000 square feet in size, including a 23,000 square foot indoor police parking garage, and associated limited site work. The project also includes the partial demolition of the northwest corner of the building to allow for the construction of a driveway and new access to Kensington Road and a new formal front entrance to the building. The estimated cost of construction is $22,000,000. The project is in the early stages of design. C.Services Requested The Village is seeking a CM to provide pre-construction services during the design phase and CM at risk services during the construction phase. 1.The Construction Management firm's pre-construction basic scope of services are to include but not necessarily be limited to: a.Providing cost estimating services throughout the design phase. Estimates are to be provided during the schematic design, design development and construction documents phases as a minimum. b.Attend all design meetings with Owner and Architect, become an active participant in the project team. c.Provide value engineering during the design phases. d.Provide constructability reviews of construction documents. e.Establish bidding procedures in conjunction with Owner and Architect. f.Establish all scope of work bid packages for bidding. g.Solicit a minimum of three (3) bids from pre-qualified subcontractors for all trades. h.Conduct public bidding, open and record all bids from sub-contractors. Mount Prospect Police Headquarters-Construction ManagementPage4 i.Evaluate all bids, prepare recommendations and make presentations to Owner. j.Prepare a Guaranteed Maximum Price prior to construction commencement, at a time acceptable to the Owner. 2.The Construction Management firm's basic scope of services are to include but not necessarily be limited to: a.Responsibility for all Construction Management and General Conditions services. b.Construction schedulingofentire project. c.Administration/Project Coordination. D.Who Must Submit a Response to the RFP 1.All CM firms who wish tobe considered for this project must submit the required information as requested in the Construction Manager Qualification Submittal Form. 2.This RFP is an open invitation to any qualified vendors. E.Evaluation Factors 1.Proposals will be opened in private to avoid disclosure of proprietary or confidential information of competing submittals. A list of the names of those firms that have made submittals will be made available following the closing. 2.In order to provide a fair basis for determining the qualification of CM firms, a Qualification Submittal Form containing questions related to the respondent’s experience and ability to the type of work to be constructed must be submitted. 3.As part of the Qualification Submittal form, a Fee Proposal Form and General Conditions Form are required to be submitted. While these costs will be considered in the overall evaluation process, they will not be the sole determining factor. 4.Proposers are requested to submit their response to this RFP in tabbed sections, bound in thefollowing order. See Qualification Submittal Form for submittal requirements. a.Cover Letter b.Construction Manager Qualification Submittal Form c.Table of Contents d.Section 1.Company Introduction e.Section 2.Experience f.Section 3.Pre-Construction Services Overview g.Section 4.Capacityto Staff Project Successfully h.Section 5.Company Information i.Section 6Contractual Requirements j.Fee Proposal Mount Prospect Police Headquarters-Construction ManagementPage5 5.Construction Management services firm’s qualifications will be considered based on the following criteria. •Police Headquartersconstruction experience. •Experience working on projects with environmental issues. •Firm’s overall qualifications with similar size and scope of work. •Project team’s experience, qualifications, communication skills, and reputation. •Fees •Experience providing CM at risk services to local governmental units. •Experience providing LEED certification on similar projects. •Performance of previous contracts. •Accuracy of pre-construction budgets. •Timely completion of projects. •Financial Strength. •Overall quality of firm’s response to the proposal. •Oral presentation. •Response to interview questions. 6.Selected CM firms may be required to participate in an oral interview to more fully discuss how their qualifications for this project satisfies the Village’s criteria in this RFP and to scrutinize the information received as part of the selection process to identify the most qualified firm for this project. 7.Based upon the written submissions, the interview, and any supplementary information submitted in response to the Village’s request, and based upon such independent investigation (e.g. discussions with previous clients) as the Village determines to be necessary and desirable to assist in evaluating a firm's qualifications; the Village will rank the finalists in the order of their qualifications for the Project. 8.The Village will then contact the highest ranking firm and attempt to negotiate a contract for the services at a fair and reasonable compensation taking into consideration the project budget and the estimated value, scope, complexity and nature of the services to be rendered. Should negotiations with the highest ranked firm prove unsuccessful; the Village will terminate those negotiations and enter into negotiations with the next highest ranked firm. 9.Following completion of successful negotiations, the Selection Committee will make recommendation to the Village Board for the award of a contract to the Construction Management firm. Mount Prospect Police Headquarters-Construction ManagementPage6 F.Submittal Information Proposals are due and will be accepted until 3:00 P.M. on Wednesday, March 28, 2018 with the following provisions: 4.Submit one (1) original and eight (8) Copies, and one (1) electronic pdf copy of the response to the Qualifications and Request for Proposals Package on a USB drive. Do not submit on a cd or dvd. 5.Submittals are to be contained in sealed envelopes marked with the RFP Title (“Mount Prospect Police HeadquartersConstruction Management Services Proposal”), Proposal Due Date and Time. PROPOSALS SUBMITTED BY FACSIMILE OR E-MAIL WILL NOT BE ACCEPTED Proposal shall be submitted to:Village of Mount Prospect, Building Department 50 S. Emerson Street Mount Prospect, Illinois 60056 Attn: Mark Rysavy, DD Building & Inspection Services Proposals may not be withdrawn for a period of 90 days after proposal due date without the consent of the Village of Mount Prospect. Any Proposal submitted unsealed or unsigned, received via fax transmissions, electronically or received subsequent to the aforementioned date and time, may be disqualified and returned to the submitter. All submittals shall become the property of the Village of Mount Prospect and will not be returned to the submitting proposer. All costs associated with the preparation of the response to this request for proposals will be the full responsibility of the submitting proposer. The Village of Mount Prospect reserves the right to reject any and all proposals or parts thereof, to waive any irregularities or informalities in proposal procedures and to award the contract in a manner best serving the interest of the Village. Disqualification of Construction Management firm will be determined by the following factors: •Late submittal. •Non-compliance to the requested information. •Incomplete submission and not signed or notarized. •Reasonable grounds or belief that falsification of sworn statements have been made. •Submission of more than one proposal, i.e. individual firm, joint venture, etc. •Submittal via fax, telegram, or orally. •Submittal prepared with other than ink or typewriter. •Reasonable grounds or belief thatany of the above mentioned grading criteria is unsatisfactory to the Owner. Mount Prospect Police Headquarters-Construction ManagementPage7 Electronic versions of the Submittal Forms in Microsoft Word format will be made available to the Construction Management firms upon request. Please send requests via e-mail to mrysavy@mountprospect.org G.Important Dates 1.Proposal submittal is due on 3:00 p.m. on Wednesday, March 28, 2018.Late proposals will be rejected. 2.Owner’s review of application March 29, through April 10, 2018. 3.Notification to CM firms to participate in oral interviews is anticipated on April 10, 2018. 4.Oral interviews by invitation are anticipated to be scheduled between April 10, 2018 and April 17, 2018. 5.Award of Contract is anticipated to be on May 1, 2018. H.Questions All questions on the overall project and/or requests for interpretation of the submittal form should be directed to Mark Rysavy at the Village of Mount Prospect via email at mrysavy@mountprospect.org No phone, fax, or in person communicationswill be allowed for this RFP. All responses to questions will be provided to all RFP holders. Mount Prospect Police Headquarters-Construction ManagementPage8 MOUNT PROSPECT POLICE HEADQUARTERS CONSTRUCTION MANAGER QUALIFICATION SUBMITTAL FORM SUBMITTED TO:Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 ATTENTION:Mark Rysavy, DD Building & Inspection Services NAME OF PROJECT:Mount Prospect Police Headquarters QUALIFICATION FOR:Construction Management Services (at risk) Submitted By: (Name of Organization) Address: Contact: Phone: Email: Prequalification Questions 1.Has your company provided Construction Management Services for completing three or more Police HeadquartersProjects since 2007 with a construction cost of $10,000,000 or higher? Yes No 2.Has your company provided Construction Management Services for an adaptive reuse project in excess of $5,000,000? Yes No 3.Has your company provided Construction Management Services for a local governmental entity (Village, Village, County, School, or Park District) since 2007 with a construction cost of $10,000,000 or higher? Yes No We anticipate receiving proposals from several Construction Management firms who can meet our minimum Prequalification Requirements. If your firm cannot meet the minimum Prequalification Requirements, please consider notsubmitting a proposal unless your firm can demonstrate compelling reasons for the Village to consider you for this project. Mount Prospect Police Headquarters-Construction ManagementPage9 Proposers are to submit this form and the following requested information. A.Company Introduction 1.Submit a statement of interest (this can also be a part of your cover letter). 2.Submit information introducing your company. B.Experience 1.Identify the construction projects demonstrating your Construction Management experience for Police Headquartersprojects most similar in scope to this one, that your organization has completed since 2007 2.Identify construction projects for adaptive reuse projects of an existing facility in excess of $5,000,000. This does not include remodels of existing buildings thatdid not change use. 3.Identify the construction projects for local governmental entities (City, Village, County, School, or Park District) since 2007 with a construction cost of $10,000,000 or higher. 4.Identify up to five (5) additional relevant projects. Note: For each project identified, include the following information: a.Name of the project. b.The project team that worked on the project including the Project Manager and Field Superintendent. c.Owner, including name and phone number for appropriate project reference individual. d.Architect, and/or Owner’s Representative, including name and phone number for appropriate project reference individual. e.Initial and finalcontract amount. f.Date of actual completion vs. date of contracted completion. g.Percentage of the costof the work performed with your own forces. 5.The Village of Mount Prospect is extremely interested in participation by local subcontractors. If the Village provides advertisement and notice to local contractors, will your construction management firm entertain bids from these contractors, if they pass prequalification? C.Pre-Construction Services 1.Provide an overview of the services your firm provides during the pre-construction phases (schematic design, design development, construction documents and bidding). Mount Prospect Police Headquarters-Construction ManagementPage10 D.Capability to Staff Project Successfully 1.Provide a resume for each individual assigned to be involved in this project. The Construction Management services firm shall maintain a "full time"Field Superintendent on the sitewhenever any trade is working on the project. The supervisor shall not be changed unless approved by the Owner and Architect. The supervisor must demonstrate successful completion of a project of similar type and scope. Primary duties of the supervisor are to supervise and coordinate all aspects of the work. 2.On a separate sheet, list name of projects, owners, architects, contract amounts, percent complete, and scheduled completion of the major construction projects your organization has currently in progress. 3.What percentage of your organization’s resources are committed to these projects?% 4.List current projects for which your firm is a candidate for contract award. 5.Describe your firm’s quality-control process. If you have a quality control process, please attach a copy of the process with your organization’s response. 6.Describe how your firm ensures the use of quality sub-contractors. Identify up to three (3) sub-contractors your firm typically works with. Include the following trades: a.Excavation b.Site Utilities c.Paving d.Concrete e.Masonry f.Roofing g.Glazing h.HVAC i.Electrical j.Plumbing k.Fire Protection 7.Provide a minimum of three (3) sub-trade references. 8.Provide information about your company’s history meeting a schedule for the past five (5) years. Mount Prospect Police Headquarters-Construction ManagementPage11 9.Identify the techniques your company utilizes to control the schedule. E.Company Information 1.What type of company are you? (check one): a.Corporation b.Partnership c.Sole Proprietorship d.Joint Venture e.OtherType: 2.If the organization is a corporation, provide: State of incorporation: Date of incorporation: Name and address of registered agent: 3.How many years has your organization been in business as a Construction Management company under your present name? years 4.Under what other former names has your organization operated? 5.Identify any ownership changes that have occurred since 2007. 6.Officers, Partners, or Owners: NameTitle 7.Provide classification of work your organization performs with its own forces (list all trades) if any: Mount Prospect Police Headquarters-Construction ManagementPage12 8.Number of personnel in organization: Administrative:Shop: Engineering:Field: Office:Other: 9.Is your organization licensed to do business in Illinois?YesNo 10.Is the organization in any way an outgrowth, result, continuation or reorganization of a former business? Yes No If yes, give name and address of each predecessor business and the date of the change in entity. Questions 11 –16: Information to Assist the Village’s Assessment of the Financial Viability of Your Company. 11.Is the organization delinquent in thepayment of any tax administered by the Illinois Department of Revenue, unless the organization is contesting such payment in accordance with the procedures established by the appropriate Revenue Act? Yes No 12.Has the organization ever sought protection under bankruptcy or receivership laws? Yes No If yes, when and explain fully. 13.Attach a copy of the most recent audited financial statement (must be within the last fifteen months) including an income statement and balance sheet which must contain thefollowing information(this can be included in a separate sealed envelope and will only be opened if you are selected as the most qualified CM): a.Current assets: Net fixed assets and other assets; cash, joint venture accounts, accounts receivable, notes receivable, accrued interest on notes, deposits, and materials and prepaid expenses. b.Current liabilities: Accounts payable, notes payable, accrued interest on notes, provision for income taxes, advances received from owners, accrued salaries, accrued payroll taxes and other liabilities. Capital: capital stock, authorized and outstanding shares per values, earned surplus. c.Date of statement or balance sheet. d.Name of Certified Public Accountant/firm and name of principal accountant preparing the statements. Mount Prospect Police Headquarters-Construction ManagementPage13 14.Provide bank references. 15.Name of bonding company and name and address of agent State the number of years the bonding company has been of service to your organization: State your total bonding capacity:$ State your current total bonding capacity not assignedto a contract:$ 16.Can your firm purchase payment and performance bonds covering 100% of the entire job cost? (Note that bonds from sub-contractors maynot be an acceptable substitute for bonding by the Construction Manager) Yes No If no,explain fully. The Village would like to know if your company understands the requirements for working with an Illinois municipality on a public works project in compliance with Illinois law. 17.What percentage of your total workload has been performed for either the State of Illinois or an Illinois municipality or other Illinois local governmental entity in the following manner in the past five (5) years? Construction Management:% General Contractor:% Your Company’s Safety Record 18.Describe construction safety program and safety record. 19.State your firm’s insurance Experience Rating Modifier: Mount Prospect Police Headquarters-Construction ManagementPage14 Questions 20 –24 Relate to Your Company’s Legal History 20.Has your firm, or any predecessor or principal of the company, been named in litigation, or any proceeding involving past or present job performance since 2007? Are there any claims or judgments pending or outstanding against your organization? Yes No If yes, explain the circumstances and include the following information: the name and case number, name/jurisdiction of the court or administrative agency, and a summary of each claim/case, including current status and if no longer pending, the disposition. The foregoing includes but is not limited to information regarding any proceedings and actions taken by any governmental agency to debar or disqualify your company from proposing or bidding on public contracts, including the name of the agency initiating the proceeding/action, the nature of the proceeding/action, the claimed basis for the proceeding/action and the current status or disposition of the proceeding/action. Please advise if your organization has been debarred or considered ineligible for public contracts by another government agency. 21.Has your organization, or any predecessor or principal for the organization, been named in an arbitration claim in conjunction with past or present job performance since 2007? Yes No If yes, explain the circumstances. 22.Has your organization or any predecessor or principal for the organization, ever failed to complete any work awarded to you? Yes No If yes, explain when, where, and what were the circumstances. 23.Provide a list of all contracts to which your organization was a party and with respect to which your organization was declared to be in breach of one or more provisions, provide the type of contract, the project location where applicable, the names and addresses of the parties to the contract, the name of the party declaring the breach, the nature of the claimed breach and current status or resolution of the claim. If a construction contract, also provide the name, address and telephone number of the architect and, if applicable, the Construction Manager’s or Owner’s representative. Mount Prospect Police Headquarters-Construction ManagementPage15 24.Persons and Entities Subject to Disqualification No person or business entity shall be awarded a contract or subcontract, for a stated period of time, from the date of conviction or entry of a plea or admission of guilt, if the person or business entity, A.has been convicted of an act committed, within the State of Illinois or any state within the United States, of bribery or attempting to bribe an officer or employee in the State of Illinois, or any state in the United States in that officer's or employee's official capacity; B.has been convicted of an act committed, within the State of Illinois or any state within the United States, of bid rigging or attempting to rig bids as defined in the Sherman Anti-Trust Act and Clayton Act 15 U.S.C.; C.has been convicted of bid rigging or attempting to rig bids under the laws of the State of Illinois, or any state in the United States; D.has been convicted of an act committed, within the State of Illinois or any state in the United States, of price fixing or attempting to fix prices as defined by the Sherman Anti Trust Act and Clayton Act 15 U.S.C. Sec. 1 et sig.; E.has been convicted of price fixing or attempting to fix prices under the laws of the State of Illinois, or any state in the United States; F.has been convicted of defrauding or attempting to defraud any unit of state or local government or school district within the State of Illinois or in any state in the United States; G.has made an admission of guilt of such conduct as set forth in subsection (A) through (F) above which admission is a matter of record, whether or not such person or business entity was subject to prosecution for the offense or offenses admitted to; H.has entered a plea of nolo contendereto charges of bribery, price fixing, bid rigging, bid rotating, or fraud; as set forth in subparagraphs (A) through (F) above. Business entity, as used herein, means a corporation, partnership, trust, association, unincorporated business or individually owned business. Is your business entity potentially subject to disqualification due to any of the reasons above? Yes No If yes, explain the circumstances. Mount Prospect Police Headquarters-Construction ManagementPage16 F.Contractual Requirements 1.Owner-Construction Manager Contract: The Owner will utilize a Standard Form of Agreement Between Owner and Construction Manager at risk where the basis of payment is the Cost of the Work Plus a Fee with a guaranteed maximum price to be determined and the General Conditions of the Contract for Construction of the Project, A.I.A. Document A201, 2007 Edition with modifications for this project.Details of this contract will be determined during final negotiations with the selected Construction Manager. 2.Provide evidence of ability to provide the following insurance requirements. Construction Manager shall purchase and maintain all necessary and proper insurance for the duration of the work to be performed,including comprehensive general liability insurance and property damage insurance, worker’s compensation insurance, as well as automobile liability insurance as provided in this section or as otherwise required by Owner. Successful Construction Manager must be covered for the following requirements prior to receiving a contract with the Village: All Contractors, Manufacturers/Distributors, and Suppliers shall be required to carry and evidence insurance coverage with a standard Acord Certificate of Insurance with minimum limits applicable. A.Minimum Insurance Requirements and Limits CoverageLimits 1.Automobile Liability$1,000,000Combined single limit 2.Commercial General Liability$1,000,000Per occurrence $2,000,000General aggregate All Commercial General Liability policies must include Blanket Contractual coverage and Broad Form Vendors’ Liability coverage. 3.Workers’ Compensation$500,000Per accident (Employers’ Liability)$500,000Disease limit $500,000Each Disease 4.Umbrella Liability$5,000,000Limit B.Cancellation or Alteration The policies of insurance required by this exhibit shall provide that they cannot be cancelled or altered in any way changing coverage except after 30 days’ prior written notice by certified mail to owner. C.Workers’ Compensation and General Liability Waiver of Subrogation in favor of the Village. Mount Prospect Police Headquarters-Construction ManagementPage17 D.Insurance Certificates 1.Must be submitted ten (10) days prior to any work being performed to allow review of certificates. 2.Certificates not meeting requirementsmust be revised and resubmitted within fifteen (15) days or the subcontractor will not be allowed on the jobsite. E.Additional Insured and Broad Form Vendors’ Liability in favor of the Village. 1.The Village must be named as an Additional Insured with the following wording appearing on the Certificate of Insurance: “The Village of Mount Prospect and any official, trustee, director, officer, or employee of the Village (plus any holder or mortgage as designated by the Village) as to any and all projects, as an Additional Insured for the Commercial General Liability as respects any and all projects for any work being performed and this coverage will be primary and noncontributory.” 2.The Architect and Architect’s consultants shall be included as additional insureds for claims caused in whole or in part by the Construction Manager’s negligent acts or omissions during Contractor’s operations. F.Minimum Insurance Carrier All contractors, manufacturers/distributors, and suppliers’ insurance carriers must comply with the minimum A.M Best rating of A-VI for all insurance carriers. The Construction Manager’s insurance policies, as outlined above, shall provide coverage to the Village of Mount Prospect (the “Village”) for any and all claims arising out of the contractual obligation; further the Construction Manager’s policies shall name the Village, its elected and appointed officials, officers, employees, agents and volunteers as primary non-contributory additional insured, and with original endorsements affecting coverage required by this clause. The Village reserves the right to request full certified copies of any insurance. Policy coverage shall contain no special limitations on the scope of protection afforded to the Village, its elected and appointed officials, officers, agents, employees, or volunteers. Coverage shall state that Construction Manager’s insurance shall apply separately to each insured against whom claim is made or suit is brought. Any failure to comply with reporting provisions or any policy shall not affect coverage provided to the Village, its elected and appointed officials, officers, agents, employees or volunteers. If this insurance is written on the Comprehensive General Liability Policy Form, the certificates shall be ACORD25, Certificate of Insurance. If this insurance is written on a Commercial General Liability Policy Form, ACORD 25-S form will be acceptable. In Form ACORD 25 and 25-S, strike out (delete) in the cancellation provisions the following words: “Endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives”. Construction Manager shall maintain CGL and, if necessary, commercial umbrella liability insurance for at least three years following Substantial Completion of the Work. Continuing CGL insurance shall, at minimum, cover liability arising from products-completed operations and liability assumed under an insured contract. Continuing CGL insurance shall Mount Prospect Police Headquarters-Construction ManagementPage18 have a products-completed operations aggregate of at least two times its each occurrence limit. It is mandatory for the Village Manager, or his designee, to be notified if the Construction Manager fails to pay the premium for the above-required coverages. Insurer shall agree to waive all rights of subrogation against the Village, its elected and appointed officials, officers, agents, employees and volunteers. The insurance carrier of the Construction Manager shall provide a minimum of thirty (30) days written notice to the Village Manager, or his designee, before insurance limits and scope of coverage are materially altered or insurance protection in cancelled. No contract shall be approved by the Village, nor shall any work commence until the successful Construction Manager has submitted evidence of compliance with the above insurance requirements. Subcontractors –Construction Managers shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages forsubcontractors shall be subject to all requirements stated under “Insurance”. 3.Required Certifications The Village of Mount Prospect will require the following certification forms (see attached documents) executed by each Construction Manger submitting a proposal. The forms include: a.Certificate of Non-Disqualification under Illinois Compiled Statutes, Ch. 720, Sec. 33E 11 b.Certificate of Compliance c.Compliance Statement d.Village of Mount Prospect, Illinois Tax Compliance Affidavit e.Village of Mount Prospect, Illinois Anti-Collusion Affidavit and Certification f.Certificate of Compliance with Public Act 87-1257 of the Illinois Human Rights Act g.Fee Proposal Submit the attached CM Fee Proposal and CM General Conditions Forms in a separate sealed envelope labeled: Mount Prospect Police Headquarters Construction Manager Fee Proposal Submitted by: Mount Prospect Police Headquarters-Construction ManagementPage19 , being duly sworn, deposes and says that he/she is the Name of TitleCompany Name and hereby represents and warrants that the answers to the foregoing questions and all statements therein contained are true and correct. He/she has examined and carefully prepared this response based upon the qualification documents and has checked the same in detail prior to submittal. The undersigned has the full authorityto make statements and submit this response on this firm's behalf. The undersigned submits the information as required with the understanding that it is to assist Owner in determining the qualifications of his/her organization to perform a project of thissize, scope and complexity; and further, guarantees that truth and accuracy of all statements herein made. The undersigned is hereby authorized to furnish Owner with any additional information Owner or Architect may request concerning the Construction Manager submitting the response, or any sub-contractor listed in the Construction Manager’s response. The undersigned company hereby releases Owner and Architect from any legal responsibility whatsoever in furnishing any information in response to this CM Qualification. The undersigned company agrees to waive any claim it has or may have against the Owner, the Architect/Engineer, and their respective officials, officers, employees, and agents arising out of or in conjunction with the administration, evaluation, or recommendation of any submittal received in response to this CM Qualification. By: Signature Title: Company name:_________________________________________________ Subscribed and sworn before me this ______ day of , 2018 Notary Public: Printed Name Signature Notary Stamp: Mount Prospect Police Headquarters-Construction ManagementPage20 CERTIFICATE OF NON-DISQUALIFICATION UNDER ILLINOIS COMPILED STATUTES, CH. 720, SEC. 33E·11 The undersigned, upon being first duly sworn, hereby certifies to the Village of Mount Prospect, Cook County, Illinois, that (proposer) not barred from contracting with any unit of State or local government, as a result of a violation of Ch. 720, Sec. 33E-11 of the Illinois Compiled Statutes. Name of Proposer By: State of ss County of Subscribed and Sworn to this day of , 2018 Notary Public SEAL NOTE TO PROPOSER: Anyone who makes a false statement, material to this Certification, commits a Class 3 Felony under Illinois Compiled Statutes, Ch. 720, Sec. 33 E-11 (b). Mount Prospect Police Headquarters-Construction ManagementPage21 CERTIFICATION OF COMPLIANCE THE UNDERSIGNED HEREBY CERTIFIES AS FOLLOWS: 1.That the undersigned has authority to make this certification on behalf of the proposal. Name of Company 2.That the undersigned has read the contents, in regard to disqualification of certain proposer, which are contained on the following pages of the documents. 3.That the undersigned knows of his own knowledge that the proposer is not disqualified from proposing under the aforesaid sections. Authorized Signature Type or PrintName Title SEAL Instructions: This is to be completely filled out and executed by the chief officer or the proposer authorized to submit the certification. Mount Prospect Police Headquarters-Construction ManagementPage22 COMPLIANCE STATEMENT Complete this form and submit it with Form of Proposal. Offeror'sName:Signature: TO:Village of Mount Prospect, Building Department 50 S. Emerson Street Mount Prospect, IL 60056 ATTN: Mark Rysavy, DD Building & Inspection Services FROM:Organization: Address: Village, State, Zip Code: Contact Person: Telephone Number: Email: Facsimile Number: In compliance with this Request for Proposal, and subject to all conditions thereof, the undersigned offers and agrees, if this proposal is accepted, to furnish the services as outlined herein, for the Village of Mount Prospect in the amount indicated, subject to modification through negotiations which may be conducted pursuant to conditions set forth in the Request for Proposals. Mount Prospect Police Headquarters-Construction ManagementPage23 VILLAGE OF MOUNT PROSPECT, ILLINOIS TAX COMPLIANCE AFFIDAVIT , being first duly sworn, deposes and says: that he is (Partner, Officer, Owner, Etc.) of (Proposer) The individual or entity making the foregoing proposal certifies that he is not barred from contracting with the Village of Mount Prospect because of any delinquency in the payment of any tax administered by the Department of Revenue unless the individual or entity is contesting, in accordance with the procedures established by the appropriate revenue act, or entity making the proposal understands that making a false statement regarding delinquency in taxes is a Class A Misdemeanor and, in addition, voids the contract and allows the municipality to recover all amounts paid to the individual or entity under the contract in civil action. (Name of Proposer if the Proposer is an Individual) (Name of Partner if the Proposer is a Partnership) (Name of Officer if the Proposer is a Corporation) The above statements must be subscribed a sworn to before a notary public. Subscribed and Sworn to this day of , 2018 Notary Public SEAL Failure to complete and return this form may be considered sufficient reason for rejection of the Proposal Mount Prospect Police Headquarters-Construction ManagementPage24 VILLAGE OF MOUNT PROSPECT, ILLINOIS ANTI COLLUSION AFFIDAVIT AND CERTIFICATION , being first duly sworn, deposes and says: that he is (Partner, Officer, Owner, Etc.) of (Proposer) The party making the foregoing proposal or bid, certifies that such bid is genuine and not collusive, or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person; to fix the bid price element of said bid, or of that of any other bidder, or to secure any advantage against any other bidder or any person interested in the proposed contract. The undersigned certifies that he is not barred from bidding on this contract as a result of a conviction for the violation of State laws prohibiting bid rigging or bid rotating. (Name of Proposer if the Proposer is an Individual) (Name of Partner if the Proposer is a Partnership) (Name of Officer if the Proposer is a Corporation) The above statements must be subscribed a sworn to before a notary public. Subscribed and Sworn to this day of , 2018 Notary Public SEAL Failure to complete and return this form may be considered sufficient reason for rejection of the proposal Mount Prospect Police Headquarters-Construction ManagementPage25 CERTIFICATE OF COMPLIANCE WITH PUBLIC ACT 87-1257 OF THE ILLINOIS HUMAN RIGHTS ACT The undersigned, upon being first duly sworn, hereby certifies to the Village of Mount Prospect, Cook County, Illinois, that (proposer) complies with the Illinois Human Rights Act as amended by Section 2-105, Public Act 87-1257 in relation to employment and human rights. Name of Proposer By: State of ss County of Subscribed and Sworn to this day of , 2018 Notary Public SEAL Mount Prospect Police Headquarters-Construction ManagementPage26 MOUNT PROSPECT POLICE HEADQUARTERS CONSTRUCTION MANAGEMENT SERVICES FEE PROPOSAL FORM This Fee Proposal Form must be submitted by each proposer in conjunction with the Construction Manager General Conditions Form. A.Considerations 3.The Construction Management firm's pre-construction basic scope of services are to include but not necessarily be limited to: k.Providing cost estimating services throughout the design phase. Estimates are to be provided during the schematic design, design development and construction documents phases as a minimum. l.Attend all design meetings with Owner and Architect, become an active participant in the project team. m.Provide value engineering during the design phases. n.Provide constructability reviews of construction documents. o.Establish bidding procedures in conjunction with Owner and Architect. p.Establish all scope of work bid packages for bidding. q.Solicit a minimum of three (3) bids from pre-qualified subcontractors for all trades. r.Conduct public bidding, open and record all bids from sub-contractors. s.Evaluate all bids, prepare recommendations and make presentations to Owner. 4.The Construction Management firm's basic scope of services are to include but not necessarily be limited to: d.Responsibility for all Construction Management and General Conditions services. e.Construction scheduling of entire project. f.Administration/Project Coordination. g.On site management. 5.All laborers and mechanics employed by the contractors and/or subcontractors for this project shall be paid wages at rates not less thanthose prevailing wages current at the time work is performed as determined by the Illinois Department of Labor (Cook County). The letting of this contract is subject to Illinois Compiled Statutes 820 ILCS 130/1-12. 6.All subcontracts will be required to public bid. 7.Owner retains and reserves the right to approve and/or reject the CM recommendation of all sub-contractor contracts. Mount Prospect Police Headquarters-Construction ManagementPage27 8.If the CM wishes to perform construction with their own forces, they must state their intention prior to the Notice to Bid and will be required to submit their bid for each trade separately and six (6) hours in advance of the bid due date. Should Construction Management firms wish to submit multiple bids, then individual bids for each trade must be submitted. Multiple trade bids on one form will disqualify the submittal and the bid will be rejected. 9.The Owner is not subject to the payment of Retailer's Occupational Tax or any other state sales or use taxes. B.Provide Fee Information as Follows: CM is to assume an overall construction budget of $21,500,000 and a project construction schedule of 15 months 1.Provide proposed fee for Construction Management services to be provided totally for a complete project: ___________%. State the proposed fee for pre-construction services. $ 2.Provideproposed anticipated budget cost for reimbursable items listed by completing the General Conditions Form. No other indirect costs will be considered for reimbursement after award of this work. 3.Change Order (Percentage of overhead and profit for Change Order requests) _______% 4.Bond rate. ______% based on current estimated cost of construction of $21,500,000. 5.Indicate the overhead mark-up on any work your own forces will consider performing excluding General Conditions. AddDeduct General Conditions________%$_______% 6.List which trades/work that will be considered to be performed by your own forces. 7.Provide mark-up for C.M. Fee and General Conditions on any changes in the work. AddDeduct General Conditions________%$_______% C.M. Fee________%$_______% Mount Prospect Police Headquarters-Construction ManagementPage28 9.State the cost for a 100% Performance Bond based on $21,500,000 contract value: $ 10Construction Management services firm is invited to add any additional items that would be customarily considered as required on this project. , being duly sworn, deposes and says that he/she is the Name of, Construction TitleName of Organization Management services firm(s), and the answers to the foregoing questions and all statements therein contained are true and correct. He/she has examined and carefully prepared this proposal based upon the pre-qualification documents and all issued addenda and have checked the same in detail prior to submittal. I have full authority to make statements and submit this proposal on this firm's behalf. By: Signature, Title Subscribed and sworn before me this ______ day of 2018. Notary Public: Notary Stamp: Dated this __________ day of_________________________________________, 2018. Mount Prospect Police Headquarters-Construction ManagementPage29 Pursuant to information for prospective bidders for above mentioned proposed project, the undersigned is submitting the information as required with the understanding that it is for your confidential use only to assist in determining the qualifications of their organization to perform the type and magnitude of work included; and further, guarantee that truth and accuracy of all statements herein made. We will accept your determination of qualifications sub-contractor, supplier, or any other persons, firms, or corporations with whom we have done business, or who have extended any credit to us are hereby authorized to furnish you with any information you may request concerning our organization including, but not limited to, information concerning performance on previous work or credit standing with any of them. We herebyrelease any and all such parties from any legal responsibility whatsoever of having furnished such information to you. Each prospective Construction Management services firm making a proposal for Construction Management services agrees to waive any claim it has or may have against the Owner, the Architect/Engineer, and their respective employees, arising out of or in conjunction with the administration, evaluation, or recommendation of any submittal. Name of Company Authorized Signature Type or PrintName and Title Dated this day of, 2018 Attested by: Authorized Signature Type or Print Name and Title The Village reserves the right to select the CM process that it judges will best serve its interest. The Village reserves the right to reject any or all submittals and to waive any and all informalities or irregularities to any submittal when such is deemed by the Village to be in the Village’s best interest. Mount Prospect Police Headquarters-Construction ManagementPage30 MOUNT PROSPECT POLICE HEADQUARTERS CONSTRUCTION MANAGEMENT SERVICES GENERAL CONDITIONS FORM The following list represents items to be categorized as General Conditions, and are notto be included as part of the proposed fee. This list is intended for evaluation purposes. During negotiations with the selected Construction Manager, certain items may be negotiated into the base fee. Provide an estimate for each item, and indicate whether or not the work will be performed by your own forces, or assigned to a subcontractor. For the General Conditions, assume a 15-month construction (includes demolition work) and a three month construction closeout duration. All other indirect costs are to be included as a part of the base fee, no other indirect costs will be considered for reimbursement after award of this work. Several Items are required to be provided by the CM. If the box is already marked, no subcontracting will be allowed for that item. General Conditions shall minimally include all labor, materials, equipment and incidentals: ItemCostByBy CMSC Project Manager$ Full Time On-Site Superintendent$ Other Personnel (identify) $ $ $ Temporary Jobsite Trailer$ Temporary Jobsite Trailer Equipment (telephone/fax/ copy machine, including service and equipment)$ Temporary Drinking Water$ Temporary Job Site Toilets$ Temporary Protection (Enclosures/Partitions)$ In-Progress Cleaning$ Final Cleaning$ Dumpsters$ Mount Prospect Police Headquarters-Construction ManagementPage31 Traffic Controls, Barricades & Flagman$ Safety, First Aid and Fire Extinguishers$ Survey/Layout (site, building, partition, foundation, as-built)$ Reproduction Costs (bidding and construction)$ Miscellaneous Materials, Tools and Equipment$ Temporary Signage$ Temporary project sign (4’x8’ code permitting), Including permits$ Postage and Delivery Services$ Construction Testing$ Street Cleaning$ Tree Protection$ Winter Conditions$ Construction Progress Photos$ Insurance$ General Conditions Contingency$ TOTAL$ Additional Management Fee in case of LEED Certification$_________________ List any additional items that may or may not be required: $ $ $ $ $ Mount Prospect Police Headquarters-Construction ManagementPage32 Preliminary Project Schedule Release of RFP for CM at Risk:March 7, 2018 Submittal Deadline for CM Proposals:March 28, 2018 Staff Review of Proposals:March 29-April 18, 2018 Committee of the Whole Meeting:April 24, 2018 Board of Trustee Approval of Contract:May 1, 2018 Project Kickoff Meeting:May 2, 2018 Preliminary Design-45 Days:June 15, 2018 Design Development-45 Days:August 1, 2018 Construction documents-90 days:November 1, 2018 Public Bidding process:November 2-November 27, 2018 Subcontractor negotiations and contracts:December 14, 2018 Construction begins:December 17, 2018 Construction Schedule:To be determined Construction Manager’s Estimate of construction schedule: _________________ Months Please fill in the number of months above. Mount Prospect Police Headquarters-Construction ManagementPage33 Conceptual Site Layouts Mount Prospect Police Headquarters-Construction ManagementPage34 Mount Prospect Police Headquarters-Construction ManagementPage35 Building Trust Since 1910 Construction Managers 43451 N US Hwy 41 Design/Builders Zion IL 60099 General Contractors PH 847-395-6800 www.camosy.com FAX 847-395-68910 Mount Prospect Police Headquarters- Construction Management Page 8 MOUNT PROSPECT POLICE HEADQUARTERS CONSTRUCTION MANAGER QUALIFICATION SUBMITTAL FORM SUBMITTED TO: Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 ATTENTION: Mark Rysavy, DD Building & Inspection Services NAME OF PROJECT: Mount Prospect Police Headquarters QUALIFICATION FOR: Construction Management Services (at risk) Submitted By: Camosy Construction, Inc. (Name of Organization) Address:43451 N. US Hwy 41 Zion, IL 60099 Contact: John P. Camosy Phone: 847-395-6800 Email: johncamosy@camosy.com Prequalification Questions 1. Has your company provided Construction Management Services for completing three or more Police Headquarters Projects since 2007 with a construction cost of $10,000,000 or higher? Yes X No 2. Has your company provided Construction Management Services for an adaptive reuse project in excess of $5,000,000? Yes X No 3. Has your company provided Construction Management Services for a local governmental entity (Village, Village, County, School, or Park District) since 2007 with a construction cost of $10,000,000 or higher? Yes X No We anticipate receiving proposals from several Construction Management firms who can meet our minimum Prequalification Requirements. If your firm cannot meet the minimum Prequalification Requirements, please consider not submitting a proposal unless your firm can demonstrate compelling reasons for the Village to consider you for this project. Mount Prospect Police Headquarters- Construction Management Page 9 Proposers are to submit this form and the following requested information. A. Company Introduction 1. Submit a statement of interest (this can also be a part of your cover letter). Please See the Cover Letter 2. Submit information introducing your company. B. Experience 1. Identify the construction projects demonstrating your Construction Management experience for Police Headquarters projects most similar in scope to this one, that your organization has completed since 2007 Please See Section No. 2 Experience 2. Identify construction projects for adaptive reuse projects of an existing facility in excess of $5,000,000. This does not include remodels of existing buildings that did not change use. Please See Section No. 2 Experience 3. Identify the construction projects for local governmental entities (City, Village, County, School, or Park District) since 2007 with a construction cost of $10,000,000 or higher. Please See Section No. 2 Experience 4. Identify up to five (5) additional relevant projects. Please See Section No. 2 Experience Note: For each project identified, include the following information: a. Name of the project. b. The project team that worked on the project including the Project Manager and Field Superintendent. c. Owner, including name and phone number for appropriate project reference individual. d. appropriate project reference individual. e. Initial and final contract amount. f. Date of actual completion vs. date of contracted completion. g. Percentage of the cost of the work performed with your own forces. Mount Prospect Police Headquarters- Construction Management Page 10 5. The Village of Mount Prospect is extremely interested in participation by local subcontractors. If the Village provides advertisement and notice to local contractors, will your construction management firm entertain bids from these contractors, if they pass prequalification? Please See Section No. 2 Experience C. Pre-Construction Services Provide an overview of the services your firm provides during the pre-construction phases (schematic design, design development, construction documents and bidding). Please See Section No. 3 Preconstruction Services Overview D. Capability to Staff Project Successfully 1. Provide a resume for each individual assigned to be involved in this project. Please See Section No. 4 Capacity to Staff Project Successfully The Construction Management services firm shall maintain a "full time" Field Superintendent on the site whenever any trade is working on the project. The supervisor shall not be changed unless approved by the Owner and Architect. The supervisor must demonstrate successful completion of a project of similar type and scope. Primary duties of the supervisor are to supervise and coordinate all aspects of the work. Camosy agrees to this requirement. 2. On a separate sheet, list name of projects, owners, architects, contract amounts, percent complete, and scheduled completion of the major construction projects your organization has currently in progress. Please See Section No. 4 Capacity to Staff Project Successfully 3. % Please See Section No. 4 Capacity to Staff Project Successfully 4. List current projects for which your firm is a candidate for contract award. Please See Section No. 4 Capacity to Staff Project Successfully 5. -control process. If you have a quality control process, please Please See Section No. 4 Capacity to Staff Project Successfully 6. Describe how your firm ensures the use of quality sub-contractors. Please See Section No. 4 Capacity to Staff Project Successfully Identify up to three (3) sub-contractors your firm typically works with. Include the following trades: Mount Prospect Police Headquarters- Construction Management Page 11 a. Excavation b. Site Utilities c. Paving d. Concrete e. Masonry f. Roofing g. Glazing h. HVAC i. Electrical j. Plumbing k. Fire Protection Please See Section No. 4 Capacity to Staff Project Successfully 7. Provide a minimum of three (3) sub-trade references. Please See Section No. 4 Capacity to Staff Project Successfully 8. (5) years. Please See Section No. 4 Capacity to Staff Project Successfully 9. Identify the techniques your company utilizes to control the schedule. Please See Section No. 4 Capacity to Staff Project Successfully E. Company Information 1. What type of company are you? (check one): a. Corporation X b. Partnership c. Sole Proprietorship d. Joint Venture e. Other Type: 2. If the organization is a corporation, provide: State of incorporation: Mount Prospect Police Headquarters- Construction Management Page 12 Date of incorporation: Name and address of registered agent: 3. How many years has your organization been in business as a Construction Management company under your present name? years 4. Under what other former names has your organization operated? 5. Identify any ownership changes that have occurred since 2007. 6. Officers, Partners, or Owners: Name Title 7. Provide classification of work your organization performs with its own forces (list all trades) if any: Mount Prospect Police Headquarters- Construction Management Page 13 8. Number of personnel in organization: Administrative: Shop: Engineering: Field: Office: Other: 9. Is your organization licensed to do business in Illinois? Yes No 10. Is the organization in any way an outgrowth, result, continuation or reorganization of a former business? Yes No If yes, give name and address of each predecessor business and the date of the change in entity. Questions 11 Viability of Your Company. 11. Is the organization delinquent in the payment of any tax administered by the Illinois Department of Revenue, unless the organization is contesting such payment in accordance with the procedures established by the appropriate Revenue Act? Yes No 12. Has the organization ever sought protection under bankruptcy or receivership laws? Yes No If yes, when and explain fully. 13. Attach a copy of the most recent audited financial statement (must be within the last fifteen months) including an income statement and balance sheet which must contain the following information (this can be included in a separate sealed envelope and will only be opened if you are selected as the most qualified CM): a. Current assets: Net fixed assets and other assets; cash, joint venture accounts, accounts receivable, notes receivable, accrued interest on notes, deposits, and materials and prepaid expenses. b. Current liabilities: Accounts payable, notes payable, accrued interest on notes, provision for income taxes, advances received from owners, accrued salaries, accrued payroll taxes and other liabilities. Capital: capital stock, authorized and outstanding shares per values, earned surplus. c. Date of statement or balance sheet. Mount Prospect Police Headquarters- Construction Management Page 14 d. Name of Certified Public Accountant/firm and name of principal accountant preparing the statements. 14. Provide bank references. 15. Name of bonding company and name and address of agent State the number of years the bonding company has been of service to your organization: State your total bonding capacity: $ State your current total bonding capacity not assigned to a contract: $ 16. Can your firm purchase payment and performance bonds covering 100% of the entire job cost? (Note that bonds from sub-contractors may not be an acceptable substitute for bonding by the Construction Manager) Yes No If no, explain fully. The Village would like to know if your company understands the requirements for working with an Illinois municipality on a public works project in compliance with Illinois law. Mount Prospect Police Headquarters- Construction Management Page 15 17. What percentage of your total workload has been performed for either the State of Illinois or an Illinois municipality or other Illinois local governmental entity in the following manner in the past five (5) years? Construction Management: % General Contractor: % 18. Describe construction safety program and safety record. 19. Questions 20 20. Has your firm, or any predecessor or principal of the company, been named in litigation, or any proceeding involving past or present job performance since 2007? Yes X __ No Are there any claims or judgments pending or outstanding against your organization? Yes _____ No X If yes, explain the circumstances and include the following information: the name and case number, name/jurisdiction of the court or administrative agency, and a summary of each claim/case, including current status and if no longer pending, the disposition. The foregoing includes but is not limited to information regarding any proceedings and actions taken by any governmental agency to debar or disqualify your company from proposing or bidding on public contracts, including the name of the agency initiating the proceeding/action, the nature of the proceeding/action, the claimed basis for the proceeding/action and the current status or disposition of the proceeding/action. Please advise if your organization has been debarred or considered ineligible for public contracts by another government agency. Mount Prospect Police Headquarters- Construction Management Page 16 21. Has your organization, or any predecessor or principal for the organization, been named in an arbitration claim in conjunction with past or present job performance since 2007? Yes No If yes, explain the circumstances. 22. Has your organization or any predecessor or principal for the organization, ever failed to complete any work awarded to you? Yes No If yes, explain when, where, and what were the circumstances. 23. Provide a list of all contracts to which your organization was a party and with respect to which your organization was declared to be in breach of one or more provisions, provide the type of contract, the project location where applicable, the names and addresses of the parties to the contract, the name of the party declaring the breach, the nature of the claimed breach and current status or resolution of the claim. If a construction contract, also provide the name, address and telephone number of the architect and, if applicable, 24. Persons and Entities Subject to Disqualification No person or business entity shall be awarded a contract or subcontract, for a stated period of time, from the date of conviction or entry of a plea or admission of guilt, if the person or business entity, A. has been convicted of an act committed, within the State of Illinois or any state within the United States, of bribery or attempting to bribe an officer or employee in the State of Illinois, or any state in the United States in that officer's or employee's official capacity; Mount Prospect Police Headquarters- Construction Management Page 17 B. has been convicted of an act committed, within the State of Illinois or any state within the United States, of bid rigging or attempting to rig bids as defined in the Sherman Anti-Trust Act and Clayton Act 15 U.S.C.; C. has been convicted of bid rigging or attempting to rig bids under the laws of the State of Illinois, or any state in the United States; D. has been convicted of an act committed, within the State of Illinois or any state in the United States, of price fixing or attempting to fix prices as defined by the Sherman Anti Trust Act and Clayton Act 15 U.S.C. Sec. 1 et sig.; E. has been convicted of price fixing or attempting to fix prices under the laws of the State of Illinois, or any state in the United States; F. has been convicted of defrauding or attempting to defraud any unit of state or local government or school district within the State of Illinois or in any state in the United States; G. has made an admission of guilt of such conduct as set forth in subsection (A) through (F) above which admission is a matter of record, whether or not such person or business entity was subject to prosecution for the offense or offenses admitted to; H. has entered a plea of nolo contendere to charges of bribery, price fixing, bid rigging, bid rotating, or fraud; as set forth in subparagraphs (A) through (F) above. Business entity, as used herein, means a corporation, partnership, trust, association, unincorporated business or individually owned business. Is your business entity potentially subject to disqualification due to any of the reasons above? Yes No If yes, explain the circumstances. F. Contractual Requirements 1. Owner-Construction Manager Contract: The Owner will utilize a Standard Form of Agreement Between Owner and Construction Manager at risk where the basis of payment is the Cost of the Work Plus a Fee with a guaranteed maximum price to be determined and the General Conditions of the Contract for Construction of the Project, A.I.A. Document A201, 2007 Edition with modifications for this project. Details of this contract will be determined during final negotiations with the selected Construction Manager. Mount Prospect Police Headquarters- Construction Management Page 18 2. Provide evidence of ability to provide the following insurance requirements. Construction Manager shall purchase and maintain all necessary and proper insurance for the duration of the work to be performed, including comprehensive general liability automobile liability insurance as provided in this section or as otherwise required by Owner. Successful Construction Manager must be covered for the following requirements prior to receiving a contract with the Village: All Contractors, Manufacturers/Distributors, and Suppliers shall be required to carry and evidence insurance coverage with a standard Acord Certificate of Insurance with minimum limits applicable. A. Minimum Insurance Requirements and Limits Coverage Limits 1. Automobile Liability $1,000,000 Combined single limit 2. Commercial General Liability $1,000,000 Per occurrence $2,000,000 General aggregate All Commercial General Liability policies must include Blanket Contractual coverage 3. $500,000 Per accident $500,000 Disease limit $500,000 Each Disease 4. Umbrella Liability $5,000,000 Limit B. Cancellation or Alteration The policies of insurance required by this exhibit shall provide that they cannot be notice by certified mail to owner. C. favor of the Village. D. Insurance Certificates 1. Must be submitted ten (10) days prior to any work being performed to allow review of certificates. 2. Certificates not meeting requirements must be revised and resubmitted within fifteen (15) days or the subcontractor will not be allowed on the jobsite. E. 1. The Village must be named as an Additional Insured with the following wording of Mount Prospect and Mount Prospect Police Headquarters- Construction Management Page 19 any official, trustee, director, officer, or employee of the Village (plus any holder or mortgage as designated by the Village) as to any and all projects, as an Additional Insured for the Commercial General Liability as respects any and all projects for any work being performed and this coverage will be primary and 2. ligent F. Minimum Insurance Carrier comply with the minimum A.M Best rating of A-VI for all insurance carriers. The Construc the Village, its elected and appointed officials, officers, employees, agents and volunteers as primary non-contributory additional insured, and with original endorsements affecting coverage required by this clause. The Village reserves the right to request full certified copies of any insurance. Policy coverage shall contain no special limitations on the scope of protection afforded to the Village, its elected and appointed officials, officers, agents, employees, or volunteers. Coverage shall state that Construct each insured against whom claim is made or suit is brought. Any failure to comply with reporting provisions or any policy shall not affect coverage provided to the Village, its elected and appointed officials, officers, agents, employees or volunteers. If this insurance is written on the Comprehensive General Liability Policy Form, the certificates shall be ACORD25, Certificate of Insurance. If this insurance is written on a Commercial General Liability Policy Form, ACORD 25-S form will be acceptable. In Form ACORD 25 and 25-S, strike out (delete) in the cancellation provisions the following liability of any kind upon Construction Manager shall maintain CGL and, if necessary, commercial umbrella liability insurance for at least three years following Substantial Completion of the Work. Continuing CGL insurance shall, at minimum, cover liability arising from products-completed operations and liability assumed under an insured contract. Continuing CGL insurance shall have a products-completed operations aggregate of at least two times its each occurrence limit. It is mandatory for the Village Manager, or his designee, to be notified if the Construction Manager fails to pay the premium for the above-required coverages. Insurer shall agree to waive all rights of subrogation against the Village, its elected and appointed officials, officers, agents, employees and volunteers. The insurance carrier of the Construction Manager shall provide a minimum of thirty (30) days written notice to the Village Manager, or his designee, before insurance limits and scope of coverage are materially altered or insurance protection in cancelled. Mount Prospect Police Headquarters- Construction Management Page 20 No contract shall be approved by the Village, nor shall any work commence until the successful Construction Manager has submitted evidence of compliance with the above insurance requirements. Subcontractors Construction Managers shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all requirements 3. Required Certifications The Village of Mount Prospect will require the following certification forms (see attached documents) executed by each Construction Manger submitting a proposal. The forms include: a. Certificate of Non-Disqualification under Illinois Compiled Statutes, Ch. 720, Sec. 33E 11 b. Certificate of Compliance c. Compliance Statement d. Village of Mount Prospect, Illinois Tax Compliance Affidavit e. Village of Mount Prospect, Illinois Anti-Collusion Affidavit and Certification f. Certificate of Compliance with Public Act 87-1257 of the Illinois Human Rights Act g. Fee Proposal Mount Prospect Police Headquarters- Construction Management Page 21 Submit the attached CM Fee Proposal and CM General Conditions Forms in a separate sealed envelope labeled: Mount Prospect Police Headquarters Construction Manager Fee Proposal Submitted by: Camosy Construction, Inc. John P. Camosy , being duly sworn, deposes and says that he/she is the Name President & CEO of Camosy Construction, Inc. Title Company Name and hereby represents and warrants that the answers to the foregoing questions and all statements therein contained are true and correct. He/she has examined and carefully prepared this response based upon the qualification documents and has checked the same in detail prior to submittal. The undersigned has the full authority to make statements and submit this response on this firm's behalf. The undersigned submits the information as required with the understanding that it is to assist Owner in determining the qualifications of his/her organization to perform a project of this size, scope and complexity; and further, guarantees that truth and accuracy of all statements herein made. The undersigned is hereby authorized to furnish Owner with any additional information Owner or Architect may request concerning the Construction Manager submitting the response, or any sub- undersigned company hereby releases Owner and Architect from any legal responsibility whatsoever in furnishing any information in response to this CM Qualification. The undersigned company agrees to waive any claim it has or may have against the Owner, the Architect/Engineer, and their respective officials, officers, employees, and agents arising out of or in conjunction with the administration, evaluation, or recommendation of any submittal received in response to this CM Qualification. By: Signature Title: President & CEO Company name: Camosy Construction, Inc. Subscribed and sworn before me this 28 day of March, 2018 Notary Public: John P. Bosman Printed Name Signature Notary Stamp: Mount Prospect Police Headquarters- Construction Management Page 22 CERTIFICATE OF NON-DISQUALIFICATION UNDER ILLINOIS COMPILED STATUTES, CH. 720, SEC. 33E·11 The undersigned, upon being first duly sworn, hereby certifies to the Village of Mount Prospect, Cook County, Illinois, that Camosy Construction, Inc. (proposer) not barred from contracting with any unit of State or local government, as a result of a violation of Ch. 720, Sec. 33E-11 of the Illinois Compiled Statutes. John P. Camosy Name of Proposer By: State of Illinois ss County of Cook County Subscribed and Sworn to this 28 day of March, 2018 Notary Public SEAL NOTE TO PROPOSER: Anyone who makes a false statement, material to this Certification, commits a Class 3 Felony under Illinois Compiled Statutes, Ch. 720, Sec. 33 E-11 (b). Mount Prospect Police Headquarters- Construction Management Page 23 CERTIFICATION OF COMPLIANCE THE UNDERSIGNED HEREBY CERTIFIES AS FOLLOWS: 1. That the undersigned has authority to make this certification on behalf of the proposal. Camosy Construction, Inc. Name of Company 2. That the undersigned has read the contents, in regard to disqualification of certain proposer, which are contained on the following pages of the documents. 3. That the undersigned knows of his own knowledge that the proposer is not disqualified from proposing under the aforesaid sections. Authorized Signature John P. Camosy Type or Print Name President & CEO Title SEAL Instructions: This is to be completely filled out and executed by the chief officer or the proposer authorized to submit the certification. Mount Prospect Police Headquarters- Construction Management Page 24 COMPLIANCE STATEMENT Complete this form and submit it with Form of Proposal. Offeror's Name: John P. Camosy Signature:______________________________________ TO: Village of Mount Prospect, Building Department 50 S. Emerson Street Mount Prospect, IL 60056 ATTN: Mark Rysavy, DD Building & Inspection Services FROM: Organization: Camosy Construction, Inc. Address: 43451 N US Hwy 41 Village, State, Zip Code: Zion, IL 60099 Contact Person: John P. Camosy Telephone Number: 847-395-6800 Email: johncamosy@camosy.com Facsimile Number: 847-395-6891 In compliance with this Request for Proposal, and subject to all conditions thereof, the undersigned offers and agrees, if this proposal is accepted, to furnish the services as outlined herein, for the Village of Mount Prospect in the amount indicated, subject to modification through negotiations which may be conducted pursuant to conditions set forth in the Request for Proposals. Mount Prospect Police Headquarters- Construction Management Page 25 VILLAGE OF MOUNT PROSPECT, ILLINOIS TAX COMPLIANCE AFFIDAVIT John P. Camosy , being first duly sworn, deposes and says: that he is President and CEO (Partner, Officer, Owner, Etc.) of Camosy Construction, Inc. (Proposer) The individual or entity making the foregoing proposal certifies that he is not barred from contracting with the Village of Mount Prospect because of any delinquency in the payment of any tax administered by the Department of Revenue unless the individual or entity is contesting, in accordance with the procedures established by the appropriate revenue act, or entity making the proposal understands that making a false statement regarding delinquency in taxes is a Class A Misdemeanor and, in addition, voids the contract and allows the municipality to recover all amounts paid to the individual or entity under the contract in civil action. John P Camosy _________________________ Printed Signature (Name of Proposer if the Proposer is an Individual) (Name of Partner if the Proposer is a Partnership) (Name of Officer if the Proposer is a Corporation) The above statements must be subscribed a sworn to before a notary public. Subscribed and Sworn to this 28 day of March, 2018 Notary Public SEAL Failure to complete and return this form may be considered sufficient reason for rejection of the Proposal Mount Prospect Police Headquarters- Construction Management Page 26 VILLAGE OF MOUNT PROSPECT, ILLINOIS ANTI COLLUSION AFFIDAVIT AND CERTIFICATION John P. Camosy , being first duly sworn, deposes and says: that he is President and CEO (Partner, Officer, Owner, Etc.) of Camosy Construction, Inc. (Proposer) The party making the foregoing proposal or bid, certifies that such bid is genuine and not collusive, or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person; to fix the bid price element of said bid, or of that of any other bidder, or to secure any advantage against any other bidder or any person interested in the proposed contract. The undersigned certifies that he is not barred from bidding on this contract as a result of a conviction for the violation of State laws prohibiting bid rigging or bid rotating. John P Camosy _________________________ Printed Signature (Name of Proposer if the Proposer is an Individual) (Name of Partner if the Proposer is a Partnership) (Name of Officer if the Proposer is a Corporation) The above statements must be subscribed a sworn to before a notary public. Subscribed and Sworn to this 28 day of March, 2018 Notary Public SEAL Failure to complete and return this form may be considered sufficient reason for rejection of the proposal Mount Prospect Police Headquarters- Construction Management Page 27 CERTIFICATE OF COMPLIANCE WITH PUBLIC ACT 87-1257 OF THE ILLINOIS HUMAN RIGHTS ACT The undersigned, upon being first duly sworn, hereby certifies to the Village of Mount Prospect, Cook County, Illinois, that Camosy Construction, Inc (proposer) complies with the Illinois Human Rights Act as amended by Section 2-105, Public Act 87-1257 in relation to employment and human rights. Camosy Construction, Inc Name of Proposer By: State of Illinois ss County of Lake Subscribed and Sworn to this 28 day of March, 2018 Notary Public SEAL Mount Prospect Police Headquarters- Construction Management Page 28 MOUNT PROSPECT POLICE HEADQUARTERS CONSTRUCTION MANAGEMENT SERVICES FEE PROPOSAL FORM This Fee Proposal Form must be submitted by each proposer in conjunction with the Construction Manager General Conditions Form. A. Considerations 1. The Construction Management firm's pre-construction basic scope of services are to include but not necessarily be limited to: a. Providing cost estimating services throughout the design phase. Estimates are to be provided during the schematic design, design development and construction documents phases as a minimum. b. Attend all design meetings with Owner and Architect, become an active participant in the project team. c. Provide value engineering during the design phases. d. Provide constructability reviews of construction documents. e. Establish bidding procedures in conjunction with Owner and Architect. f. Establish all scope of work bid packages for bidding. g. Solicit a minimum of three (3) bids from pre-qualified subcontractors for all trades. h. Conduct public bidding, open and record all bids from sub-contractors. i. Evaluate all bids, prepare recommendations and make presentations to Owner. 2. The Construction Management firm's basic scope of services are to include but not necessarily be limited to: a. Responsibility for all Construction Management and General Conditions services. b. Construction scheduling of entire project. c. Administration/Project Coordination. d. On site management. 3. All laborers and mechanics employed by the contractors and/or subcontractors for this project shall be paid wages at rates not less than those prevailing wages current at the time work is performed as determined by the Illinois Department of Labor (Cook County). The letting of this contract is subject to Illinois Compiled Statutes 820 ILCS 130/1-12. 4. All subcontracts will be required to public bid. 5. Owner retains and reserves the right to approve and/or reject the CM recommendation of all sub-contractor contracts. 6. If the CM wishes to perform construction with their own forces, they must state their intention prior to the Notice to Bid and will be required to submit their bid for each trade separately and six (6) hours in advance of the bid due date. Should Construction Mount Prospect Police Headquarters- Construction Management Page 29 Management firms wish to submit multiple bids, then individual bids for each trade must be submitted. Multiple trade bids on one form will disqualify the submittal and the bid will be rejected. 7. The Owner is not subject to the payment of Retailer's Occupational Tax or any other state sales or use taxes. B. Provide Fee Information as Follows: CM is to assume an overall construction budget of $21,500,000 and a project construction schedule of 15 months 1. Provide proposed fee for Construction Management services to be provided totally for a complete project: ___________%. State the proposed fee for pre-construction services. $ 2. Provide proposed anticipated budget cost for reimbursable items listed by completing the General Conditions Form. No other indirect costs will be considered for reimbursement after award of this work. 3. Change Order (Percentage of overhead and profit for Change Order requests) _______% 4. Bond rate. ______% based on current estimated cost of construction of $21,500,000. 5. Indicate the overhead mark-up on any work your own forces will consider performing excluding General Conditions. Add Deduct General Conditions ________% $_______% 6. List which trades/work that will be considered to be performed by your own forces. 7. Provide mark-up for C.M. Fee and General Conditions on any changes in the work. Add Deduct General Conditions ________% $_______% C.M. Fee ________% $_______% 9. State the cost for a 100% Performance Bond based on $21,500,000 contract value: $ Mount Prospect Police Headquarters- Construction Management Page 30 10 Construction Management services firm is invited to add any additional items that would be customarily considered as required on this project. , being duly sworn, deposes and says that he/she is the Name of , Construction Title Name of Organization Management services firm(s), and the answers to the foregoing questions and all statements therein contained are true and correct. He/she has examined and carefully prepared this proposal based upon the pre-qualification documents and all issued addenda and have checked the same in detail prior to submittal. I have full authority to make statements and submit this proposal on this firm's behalf. By: Signature, Title Subscribed and sworn before me this ______ day of 2018. Notary Public: Notary Stamp: Dated this __________ day of_________________________________________, 2018. Mount Prospect Police Headquarters- Construction Management Page 31 Pursuant to information for prospective bidders for above mentioned proposed project, the undersigned is submitting the information as required with the understanding that it is for your confidential use only to assist in determining the qualifications of their organization to perform the type and magnitude of work included; and further, guarantee that truth and accuracy of all statements herein made. We will accept your determination of qualifications sub-contractor, supplier, or any other persons, firms, or corporations with whom we have done business, or who have extended any credit to us are hereby authorized to furnish you with any information you may request concerning our organization including, but not limited to, information concerning performance on previous work or credit standing with any of them. We hereby release any and all such parties from any legal responsibility whatsoever of having furnished such information to you. Each prospective Construction Management services firm making a proposal for Construction Management services agrees to waive any claim it has or may have against the Owner, the Architect/Engineer, and their respective employees, arising out of or in conjunction with the administration, evaluation, or recommendation of any submittal. Name of Company Authorized Signature Type or Print Name and Title Dated this day of , 2018 Attested by: Authorized Signature Type or Print Name and Title The Village reserves the right to select the CM process that it judges will best serve its interest. The Village reserves the right to reject any or all submittals and to waive any and all informalities or irregularities to any submittal when such is deemed by the Village to be in the Mount Prospect Police Headquarters- Construction Management Page 32 MOUNT PROSPECT POLICE HEADQUARTERS CONSTRUCTION MANAGEMENT SERVICES GENERAL CONDITIONS FORM The following list represents items to be categorized as General Conditions, and are not to be included as part of the proposed fee. This list is intended for evaluation purposes. During negotiations with the selected Construction Manager, certain items may be negotiated into the base fee. Provide an estimate for each item, and indicate whether or not the work will be performed by your own forces, or assigned to a subcontractor. For the General Conditions, assume a 15-month construction (includes demolition work) and a three month construction closeout duration. All other indirect costs are to be included as a part of the base fee, no other indirect costs will be considered for reimbursement after award of this work. Several Items are required to be provided by the CM. If the box is already marked, no subcontracting will be allowed for that item. General Conditions shall minimally include all labor, materials, equipment and incidentals: Item Cost By By CM SC Project Manager $ Full Time On-Site Superintendent $ Other Personnel (identify) $ $ $ Temporary Jobsite Trailer $ Temporary Jobsite Trailer Equipment (telephone/fax/ copy machine, including service and equipment) $ Temporary Drinking Water $ Temporary Job Site Toilets $ Temporary Protection (Enclosures/Partitions) $ In-Progress Cleaning $ Final Cleaning $ Dumpsters $ Traffic Controls, Barricades & Flagman $ Mount Prospect Police Headquarters- Construction Management Page 33 Safety, First Aid and Fire Extinguishers $ Survey/Layout (site, building, partition, foundation, as-built) $ Reproduction Costs (bidding and construction) $ Miscellaneous Materials, Tools and Equipment $ Temporary Signage $ Temporary project sign Including permits $ Postage and Delivery Services $ Construction Testing $ Street Cleaning $ Tree Protection $ Winter Conditions $ Construction Progress Photos $ Insurance $ General Conditions Contingency $ TOTAL $ Additional Management Fee in case of LEED Certification $_________________ List any additional items that may or may not be required: $ $ $ $ $ Mount Prospect Police Headquarters- Construction Management Page 34 Preliminary Project Schedule Release of RFP for CM at Risk: March 7, 2018 Submittal Deadline for CM Proposals: March 28, 2018 Staff Review of Proposals: March 29- April 18, 2018 Committee of the Whole Meeting: April 24, 2018 Board of Trustee Approval of Contract: May 1, 2018 Project Kickoff Meeting: May 2, 2018 Preliminary Design- 45 Days: June 15, 2018 Design Development- 45 Days: August 1, 2018 Construction documents- 90 days: November 1, 2018 Public Bidding process: November 2- November 27, 2018 Subcontractor negotiations and contracts: December 14, 2018 Construction begins: December 17, 2018 Construction Schedule: To be determined of construction schedule: _________________ Months Please fill in the number of months above. Mount Prospect Police Headquarters- Construction Management Page 35 Conceptual Site Layouts Mount Prospect Police Headquarters- Construction Management Page 36 Mount Prospect Police Headquarters- Construction Management Page 37 2. Submit information introducing your company. B. Experience 1. Identify the construction projects demonstrating your Construction Management experience for Police Headquarters projects most similar in scope to this one, that your organization has completed since 2007 2. Identify construction projects for adaptive reuse projects of an existing facility in excess of $5,000,000. This does not include remodels of existing buildings that did not change use. 3. Identify the construction projects for local governmental entities (City, Village, County, School, or Park District) since 2007 with a construction cost of $10,000,000 or higher. 4. Identify up to five (5) additional relevant projects. Note: For each project identified, include the following information: a. Name of the project. b. The project team that worked on the project including the Project Manager and Field Superintendent. c. Owner, including name and phone number for appropriate project reference individual. d. appropriate project reference individual. e. Initial and final contract amount. f. Date of actual completion vs. date of contracted completion. g. Percentage of the cost of the work performed with your own forces. 5. The Village of Mount Prospect is extremely interested in participation by local subcontractors. If the Village provides advertisement and notice to local contractors, will your construction management firm entertain bids from these contractors, if they pass prequalification? ŷĻ ƦƩƚƆĻĭƷ ƭźƷĻ źƓ ЋЉЊЊ ŷĻ ƦƩƚƆĻĭƷ ƭźƷĻ źƓ ЋЉЊА ĬğǤƭ ğƓķ ǝĻŷźĭƌĻ ğƓķ ĻƨǒźƦƒĻƓƷ ƭƷƚƩğŭĻ tŷğƭĻ hƓĻ tŷğƭĻ Ǟƚ C. Pre-Construction Services 1. Provide an overview of the services your firm provides during the pre-construction phases (schematic design, design development, construction documents and bidding). - The manual review and mark-up of the drawings and specs. Camosy Bid Closing Room Senior Superintendent Tim Barsuli (L) and Senior Project Manager Tim Drewry (R) D. Capability to Staff Project Successfully 1. Provide a resume for each individual assigned to be involved in this project. The Construction Management services firm shall maintain a "full time" Field Superintendent on the site whenever any trade is working on the project. The supervisor shall not be changed unless approved by the Owner and Architect. The supervisor must demonstrate successful completion of a project of similar type and scope. Primary duties of the supervisor are to supervise and coordinate all aspects of the work. 2. On a separate sheet, list name of projects, owners, architects, contract amounts, percent complete, and scheduled completion of the major construction projects your organization has currently in progress. 3. What percentag 40% 4. List current projects for which your firm is a candidate for contract award. 5. -control process. If you have a quality control process, please attach Camosy Army Corps Certified QC Managers Redlining Close-up of collision area Portion of overall building with roof removed response. ance document is many hundreds of pages and specifically crafted for each project individually, we have provided a sample of one section of our QC Plan from another project at the end of this Section 4. Describe how your firm ensures the use of quality sub-contractors. Do you want this sub?? Identify up to three (3) sub-contractors your firm typically works with. Include the following trades: a. Excavation b. Site Utilities c. Paving d. Concrete e. Masonry f. Roofing g. Glazing h. HVAC i. Electrical j. Plumbing k. Fire Protection 7. Provide a minimum of three (3) sub-trade references. 8. 9. Identify the techniques your company utilizes to control the schedule. E. Company Information The Village would like to know if your company understands the requirements for working with an Illinois municipality on a public works project in compliance with Illinois law. 17. What percentage of your total workload has been performed for either the State of Illinois or an Illinois municipality or other Illinois local governmental entity in the following manner in the past five (5) years? Construction Management: % General Contractor: % 18. Describe construction safety program and safety record. 19. Questions 20 20. Has your firm, or any predecessor or principal of the company, been named in litigation, or any proceeding involving past or present job performance since 2007? Yes X No Are there any claims or judgments pending or outstanding against your organization? Yes No X If yes, explain the circumstances and include the following information: the name and case number, name/jurisdiction of the court or administrative agency, and a summary of each claim/case, including current status and if no longer pending, the disposition. The foregoing includes but is not limited to information regarding any proceedings and actions taken by any governmental agency to debar or disqualify your company from proposing or bidding on public contracts, including the name of the agency initiating the proceeding/action, the nature of the proceeding/action, the claimed basis for the proceeding/action and the current status or disposition of the proceeding/action. Please advise if your organization has been debarred or considered ineligible for public contracts by another government agency. 21. Has your organization, or any predecessor or principal for the organization, been named in an arbitration claim in conjunction with past or present job performance since 2007? Yes No X If yes, explain the circumstances. 22. Has your organization or any predecessor or principal for the organization, ever failed to complete any work awarded to you? Yes No If yes, explain when, where, and what were the circumstances. 23. Provide a list of all contracts to which your organization was a party and with respect to which your organization was declared to be in breach of one or more provisions, provide the type of contract, the project location where applicable, the names and addresses of the parties to the contract, the name of the party declaring the breach, the nature of the claimed breach and current status or resolution of the claim. If a construction contract, also provide the name, address and telephone number of the architect and, if applicable, 24. Persons and Entities Subject to Disqualification No person or business entity shall be awarded a contract or subcontract, for a stated period of time, from the date of conviction or entry of a plea or admission of guilt, if the person or business entity, A. has been convicted of an act committed, within the State of Illinois or any state within the United States, of bribery or attempting to bribe an officer or employee in the State of Illinois, or any state in the United States in that officer's or employee's official capacity; B. has been convicted of an act committed, within the State of Illinois or any state within the United States, of bid rigging or attempting to rig bids as defined in the Sherman Anti-Trust Act and Clayton Act 15 U.S.C.; C. has been convicted of bid rigging or attempting to rig bids under the laws of the State of Illinois, or any state in the United States; D. has been convicted of an act committed, within the State of Illinois or any state in the United States, of price fixing or attempting to fix prices as defined by the Sherman Anti-Trust Act and Clayton Act 15 U.S.C. Sec. 1 et sig.; E. has been convicted of price fixing or attempting to fix prices under the laws of the State of Illinois, or any state in the United States; F. has been convicted of defrauding or attempting to defraud any unit of state or local government or school district within the State of Illinois or in any state in the United States; G. has made an admission of guilt of such conduct as set forth in subsection (A) through (F) above which admission is a matter of record, whether or not such person or business entity was subject to prosecution for the offense or offenses admitted to; H. has entered a plea of nolo contendere to charges of bribery, price fixing, bid rigging, bid rotating, or fraud; as set forth in subparagraphs (A) through (F) above. Business entity, as used herein, means a corporation, partnership, trust, association, unincorporated business or individually owned business. Is your business entity potentially subject to disqualification due to any of the reasons above? Yes No X If yes, explain the circumstances. F. Contractual Requirements 1. Owner-Construction Manager Contract: The Owner will utilize a Standard Form of Agreement Between Owner and Construction Manager at risk where the basis of payment is the Cost of the Work Plus a Fee with a guaranteed maximum price to be determined and the General Conditions of the Contract for Construction of the Project, A.I.A. Document A201, 2007 Edition with modifications for this project. Details of this contract will be determined during final negotiations with the selected Construction Manager. 2. Provide evidence of ability to provide the following insurance requirements. Construction Manager shall purchase and maintain all necessary and proper insurance for the duration of the work to be performed, including comprehensive general liability as automobile liability insurance as provided in this section or as otherwise required by Owner. Successful Construction Manager must be covered for the following requirements prior to receiving a contract with the Village: All Contractors, Manufacturers/Distributors, and Suppliers shall be required to carry and evidence insurance coverage with a standard Acord Certificate of Insurance with minimum limits applicable. A. Minimum Insurance Requirements and Limits Coverage Limits 1. Automobile Liability $1,000,000 Combined single limit 2. Commercial General Liability $1,000,000 Per occurrence $2,000,000 General aggregate All Commercial General Liability policies must include Blanket Contractual coverage 3. $500,000 Per accident $500,000 Disease limit $500,000 Each Disease 4. Umbrella Liability $5,000,000 Limit B. Cancellation or Alteration The policies of insurance required by this exhibit shall provide that they cannot be written notice by certified mail to owner. C. General Liability Waiver of Subrogation in favor of the Village. D. Insurance Certificates 1. Must be submitted ten (10) days prior to any work being performed to allow review of certificates. 2. Certificates not meeting requirements must be revised and resubmitted within fifteen (15) days or the subcontractor will not be allowed on the jobsite. E. 1. The Village must be named as an Additional Insured with the following wording appearing on any official, trustee, director, officer, or employee of the Village (plus any holder or mortgage as designated by the Village) as to any and all projects, as an Additional Insured for the Commercial General Liability as respects any and all projects for any work being performed and this coverage will be primary and 2. insureds for claims caused in whole o F. Minimum Insurance Carrier comply with the minimum A.M Best rating of A-VI for all insurance carriers. out of the contractual obligation; further the Construct the Village, its elected and appointed officials, officers, employees, agents and volunteers as primary non-contributory additional insured, and with original endorsements affecting coverage required by this clause. The Village reserves the right to request full certified copies of any insurance. Policy coverage shall contain no special limitations on the scope of protection afforded to the Village, its elected and appointed officials, officers, agents, employees, or volunteers. each insured against whom claim is made or suit is brought. Any failure to comply with reporting provisions or any policy shall not affect coverage provided to the Village, its elected and appointed officials, officers, agents, employees or volunteers. If this insurance is written on the Comprehensive General Liability Policy Form, the certificates shall be ACORD25, Certificate of Insurance. If this insurance is written on a Commercial General Liability Policy Form, ACORD 25-S form will be acceptable. In Form ACORD 25 and 25-S, strike out (delete) in the cancellation provisions the o Construction Manager shall maintain CGL and, if necessary, commercial umbrella liability insurance for at least three years following Substantial Completion of the Work. Continuing CGL insurance shall, at minimum, cover liability arising from products- completed operations and liability assumed under an insured contract. Continuing CGL insurance shall have a products-completed operations aggregate of at least two times its each occurrence limit. It is mandatory for the Village Manager, or his designee, to be notified if the Construction Manager fails to pay the premium for the above-required coverages. Insurer shall agree to waive all rights of subrogation against the Village, its elected and appointed officials, officers, agents, employees and volunteers. The insurance carrier of the Construction Manager shall provide a minimum of thirty (30) days written notice to the Village Manager, or his designee, before insurance limits and scope of coverage are materially altered or insurance protection in cancelled. No contract shall be approved by the Village, nor shall any work commence until the successful Construction Manager has submitted evidence of compliance with the above insurance requirements. Subcontractors Construction Managers shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all requirements 3. Required Certifications The Village of Mount Prospect will require the following certification forms (see attached documents) executed by each Construction Manger submitting a proposal. The forms include: a. Certificate of Non-Disqualification under Illinois Compiled Statutes, Ch. 720, Sec. 33E 11 b. Certificate of Compliance c. Compliance Statement d. Village of Mount Prospect, Illinois Tax Compliance Affidavit e. Village of Mount Prospect, Illinois Anti-Collusion Affidavit and Certification f. Certificate of Compliance with Public Act 87-1257 of the Illinois Human Rights Act g. Fee Proposal 4. Proposers are requested to submit their response to this RFP in tabbed sections, bound in the following order. See Qualification Submittal Form for submittal requirements. a. Cover Letter b. Construction Manager Qualification Submittal Form c. Table of Contents d. Section 1. Company Introduction e. Section 2. Experience f. Section 3. Pre-Construction Services Overview g. Section 4. Capacity to Staff Project Successfully h. Section 5. Company Information i. Section 6 Contractual Requirements j. Fee Proposal Table 1: CM Rankings Nicholas & CategoryMax. PointsCamosyLeopardoRileyMTIFQCWB Olson Associates Police Experience109.18.99.17.75.83.64.1 Complex Buildings108.89.28.776.15.85 Pre-Construction Services108.888.56.56.26.25.6 Confidence in PM/Superintendent109.57.87.15.65.45.85.2 PM Experience/Workload Concerns109.386.95.54.95.65.2 Time/Budget Performance1097.57.46.55.86.96.3 Subjective Feeling109.58.48.35.35.35.34.8 Totals:706457.85644.139.539.236.2 ® TM AIA Document A133 2009 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price AGREEMENT made as of the « » day of « » in the year « » ADDITIONS AND DELETIONS: The (In words, indicate day, month and year.) author of this document has added information needed for its completion. The author BETWEEN the Owner: may also have revised the (Name, legal status and address) text of the original AIA standard form. An Additions and Deletions Report that « »« » notes added information as « » well as revisions to the standard form text is available from the author and and the Construction Manager: should be reviewed. (Name, legal status and address) This document has important legal consequences. « »« » Consultation with an « » attorney is encouraged with respect to its completion or modification. for the following Project: 2007, (Name and address or location) General Conditions of the Contract for Construction, « » is adopted in this document « » by reference. Do not use with other general conditions unless this document is The Architect: modified. (Name, legal status and address) « »« » « » (Name, address and other information) « » « » « » « » « » « » The Construction (Name, address and other information) « » ELECTRONIC COPYING of any ® « » portion of this AIADocument to another electronic file is « » prohibited and constitutes a « » violation of copyright laws as « » set forth in the footer of this « » document. 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. ® WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ® 1 AIA 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. This draft was produced by AIA software at 08:54:42 on 05/03/2018 under Order No.0341027727 which expires on 03/09/2019, and is not for resale. User Notes: (1816947569) (Name, address and other information) « » « » « » « » « » « » The Owner and Construction Manager agree as follows. 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. ® WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ® 2 AIA 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. This draft was produced by AIA software at 08:54:42 on 05/03/2018 under Order No.0341027727 which expires on 03/09/2019, and is not for resale. User Notes: (1816947569) TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 3 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 6 COST OF THE WORK FOR CONSTRUCTION PHASE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 8 INSURANCE AND BONDS 9 DISPUTE RESOLUTION 10 TERMINATION OR SUSPENSION 11 MISCELLANEOUS PROVISIONS 12 SCOPE OF THE AGREEMENT EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT ARTICLE 1 GENERAL PROVISIONS § 1.1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract ceptance documents described in Section 2.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 2.2.8. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. § 1.2 Relationship of the Parties The Construction Manager accepts the relationship of trust and confidence established by this Agreement and in furthering the interests of the Owner; to furnish efficient construction administration, management services and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an a timely manner, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. § 1.3 General Conditions 2007, General Conditions of the Contract for Construction, shall apply only as specifically provided in this Agreement. For the Construction Phase, the general conditions of the contract shall be as set forth in A2012007, which document is incorporated herein by reference. The term 2012007 shall mean the Construction Manager. 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. ® WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ® 3 AIA 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. This draft was produced by AIA software at 08:54:42 on 05/03/2018 under Order No.0341027727 which expires on 03/09/2019, and is not for resale. User Notes: (1816947569) ARTICLE 2 CONSTRUCTION RESPONSIBILITIES sibilities are set forth in Section 2.3. The Owner and Construction Manager may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 2.1 Preconstruction Phase § 2.1.1 The Construction Manager shall provide a preliminary evaluation of construction budget requirements, each in terms of the other. § 2.1.2 Consultation The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures, progress, coordination, and scheduling of the Work. The Construction Manager shall advise the Owner and the Architect on proposed site use and improvements, selection of materials, and building systems and equipment. The Construction Manager shall also provide recommendations consistent with the Project requirements to the Owner and Architect on constructability; availability of materials and labor; time requirements for procurement, installation and construction; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life-cycle data, and possible cost reductions. § 2.1.3 When Project requirements in Section 3.1.1 have been sufficiently identified, the Construction Manager shall prepar es. The Project schedule shall coordinate and integrate the Construction The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered well in advance of construction; and the occupancy requirements of the Owner. § 2.1.4 Phased Construction The Construction Manager shall provide recommendations with regard to accelerated or fast-track scheduling, procurement, or phased construction. The Construction Manager shall take into consideration cost reductions, cost information, constructability, provisions for temporary facilities and procurement and construction scheduling issues. § 2.1.5 Preliminary Cost Estimates § 2.1.5.1 Based on the preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or similar conceptual or Construction Manager suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems. § 2.1.5.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, estimates of the Cost of the Work of increasing detail and refinement and allowing for the further development of the design until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work. Such estimates Work exceed the latest approved Project budget and make recommendations for corrective action. § 2.1.6 Subcontractors and Suppliers § 2.1.7 procurement schedule for items that must be ordered well in advance of construction. The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered well in advance of construction. If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price, the Owner shall procure the items on terms and conditions acceptable to the Construction Manager. Upon the establishment of the 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. ® WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ® 4 AIA 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. This draft was produced by AIA software at 08:54:42 on 05/03/2018 under Order No.0341027727 which expires on 03/09/2019, and is not for resale. User Notes: (1816947569) Guaranteed Maximum Price, the Owner shall assign all contracts for these items to the Construction Manager and the Construction Manager shall thereafter accept responsibility for them. § 2.1.8 Extent of Responsibility The Construction Manager shall exercise reasonable care in preparing schedules and estimates. The Construction Manager, however, does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require. § 2.1.9 Notices and Compliance with Laws The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to its performance under this Contract, and with equal employment opportunity programs, and other programs as may be required by governmental and quasi governmental authorities for inclusion in the Contract Documents. § 2.2 Guaranteed Maximum Price Proposal and Contract Time § 2.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager and in consultation with the review and § 2.2.2 To the extent that the Drawings and Specifications are anticipated to require further development by the Architect, the Construction Manager shall provide in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom. 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 Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following: .1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract; .2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 2.2.2, to supplement the information provided by the Owner and contained in the Drawings and Specifications; .3 A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost of the Work organized by trade categories or systems, allowances, contingency, and the Construction .4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based; and .5 A date by which the Owner must accept the Guaranteed Maximum Price. § 2.2.4 Construction Manager reimbursable as the Cost of the Work but not included in a Change Order. § 2.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal. In the event that the Owner and Architect discover any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both. § 2.2.6 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price proposal shall be deemed effective without further acceptance from the Construction Manager. Following acceptance of a Guaranteed Maximum Price, the Owner and Construction Manager shall execute the Guaranteed Maximum Price Amendment amending this Agreement, a copy of which the Owner shall provide to the Architect. The 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. ® WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ® 5 AIA 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. This draft was produced by AIA software at 08:54:42 on 05/03/2018 under Order No.0341027727 which expires on 03/09/2019, and is not for resale. User Notes: (1816947569) Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. § 2.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the commencement of the Construction Phase, unless the Owner provides prior written authorization for such costs. § 2.2.8 The Owner shall authorize the Architect to provide the revisions to the Drawings and Specifications to incorporate the agreed upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. The Owner shall promptly furnish those revised Drawings and Specifications to the Construction Manager as they are revised. The Construction Manager shall notify the Owner and Architect of any inconsistencies between the Guaranteed Maximum Price Amendment and the revised Drawings and Specifications. § 2.2.9 The Construction Manager shall include in the Guaranteed Maximum Price all sales, consumer, use and similar taxes for the Work provided by the Construction Manager that are legally enacted, whether or not yet effective, at the time the Guaranteed Maximum Price Amendment is executed. § 2.3 Construction Phase § 2.3.1 General § 2.3.1.1 For purposes of Section 8.1.2 of A2012007, the date of commencement of the Work shall mean the date of commencement of the Construction Phase. § 2.3.1.2 Guaranteed Maximum Price proposal or the O § 2.3.2 Administration § 2.3.2.1 Those portions of the Work that the Construction Manager does not customarily perform with the subcontracts or by other appropriate agreements with the Construction Manager. The Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids. The Construction Manager shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Architect. The Owner shall then determine, with the advice of the Construction Manager and the Architect, which bids will be accepted. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. § 2.3.2.2 If the Guaranteed Maximum Price has been established and when a specific bidder (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 that 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 Order 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 and time requirement of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 2.3.2.3 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. If the Subcontract is awarded on a cost plus fee basis, the Construction Manager shall provide in the Subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Section 6.11 below. § 2.3.2.4 according to Section 6.10, then the Construction Manager shall promptly notify the Owner in writing of such relationship and notify the Owner of the specific nature of the contemplated transaction, according to Section 6.10.2. § 2.3.2.5 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, scheduling, and status of the Work. The Construction Manager shall prepare and promptly distribute minutes to the Owner and Architect. 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. ® WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ® 6 AIA 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. This draft was produced by AIA software at 08:54:42 on 05/03/2018 under Order No.0341027727 which expires on 03/09/2019, and is not for resale. User Notes: (1816947569) § 2.3.2.6 Upon the execution of the Guaranteed Maximum Price Amendment, the Construction Manager shall prepare and submit to the Owner and Architect a construction schedule for the Work and submittal schedule in accordance with Section 3.10 of A2012007. § 2.3.2.7 The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information required by the Owner. The Construction Manager shall also keep, and make available to the Owner and Architect, a daily log containing a record for each day of weather, portions of the Work in progress, number of workers on site, identification of equipment on site, problems that might affect progress of the work, accidents, injuries, and other information required by the Owner. § 2.3.2.8 The Construction Manager shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect and shall provide this information in its monthly reports to the Owner and Architect, in accordance with Section 2.3.2.7 above. § 2.4 Professional Services Section 3.12.10 of A2012007 shall apply to both the Preconstruction and Construction Phases. § 2.5 Hazardous Materials Section 10.3 of A2012007 shall apply to both the Preconstruction and Construction Phases. ARTICLE 3 RESPONSIBILITIES § 3.1 Information and Services Required of the Owner § 3.1.1 The Owner shall provide information with reasonable promptness, regarding requirements for and limitations including schedule, space requirements and relationships, flexibility and expandability, special equipment, systems, sustainability and site requirements. § 3.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the the Owner fails to make payments to the Construction Manager as the Contract Documents require, (2) a change in the Work materially changes the Contract Sum, or (3) the Construction Manager identifies in writing a reasonable concern precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Construction Manager and Architect. § 3.1.3 related t Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, § 3.1.4 Structural and Environmental Tests, Surveys and Reports. During the Preconstruction Phase, the Owner shall furnish the following information or services with reasonable promptness. The Owner shall also furnish any other uest for such information or services. The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 3.1.4.1 The Owner shall furnish tests, inspections and reports required by law and as otherwise agreed to by the parties, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. ® WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ® 7 AIA 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. This draft was produced by AIA software at 08:54:42 on 05/03/2018 under Order No.0341027727 which expires on 03/09/2019, and is not for resale. User Notes: (1816947569) § 3.1.4.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a 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; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect 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 the information on the survey shall be referenced to a Project benchmark. § 3.1.4.3 The Owner, when such services are requested, shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 3.1.4.4 During the Construction Phase, the Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services § Designated Representative The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project. The unreasonable delay in the services or Work of the Construction Manager. Except as otherwise provided in Section 4.2.1 of A201 authorized representative. § 3.2.1 Legal Requirements. The Owner shall furnish all legal, insurance and accounting services, including auditing § 3.3 Architect The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document 2014, Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition. The Owner shall provide the Construction Manager a copy of the executed agreement between the Owner and the Architect, and any further modifications to the agreement. ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES § 4.1 Compensation § 4.1.1 Manager as follows: § 4.1.2 (Insert amount of, or basis for, compensation and include a list of reimbursable cost items, as applicable.) « » § 4.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within « » ( « » ) compensation for Preconstruction Phase services shall be equitably adjusted. § 4.1.4 mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. § 4.2 Payments § 4.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. ® WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ® 8 AIA 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. This draft was produced by AIA software at 08:54:42 on 05/03/2018 under Order No.0341027727 which expires on 03/09/2019, and is not for resale. User Notes: (1816947569) § 4.2.2 « » ( « » ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. (Insert rate of monthly or annual interest agreed upon.) « » % « » ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 5.1 Construction Manager the Contract Sum in current funds. The Contract Sum is the Cost of the Work as defined in § 5.1.1 Fee.) « » § 5.1.2 The m « » § 5.1.3 « » § 5.1.4 Rental rates for Construction Manager-owned equipment shall not exceed « » percent ( « » %) of the standard rate paid at the place of the Project. § 5.1.5 Unit prices, if any: (Identify and state the unit price; state the quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) § 5.2 Guaranteed Maximum Price § 5.2.1 The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment, as it is amended from time to time. To the extent the Cost of the Work exceeds the Guaranteed Maximum Price, the Construction Manager shall bear such costs in excess of the Guaranteed Maximum Price without reimbursement or additional compensation from the Owner. (Insert specific provisions if the Construction Manager is to participate in any savings.) « » § 5.2.2 The Guaranteed Maximum Price is subject to additions and deductions by Change Order as provided in the Contract Documents and the Date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents. § 5.3 Changes in the Work § 5.3.1 The Owner may, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions. The Owner shall issue such changes in writing. The Architect may make minor changes in the Work as provided in Section 7.4 of AIA Document A2012007, General Conditions of the Contract for Construction. The Construction Manager shall be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work. § 5.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Section 7.3.3 of AIA Document A2012007, General Conditions of the Contract for Construction. 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. ® WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ® 9 AIA 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. This draft was produced by AIA software at 08:54:42 on 05/03/2018 under Order No.0341027727 which expires on 03/09/2019, and is not for resale. User Notes: (1816947569) § 5.3.3 2007 and the term of AIA Document A2012007 shall have the meanings assigned to them in AIA Document A2012007 and shall not be modified by Sections 5.1 and 5.2, Sections 6.1 through 6.7, and Section 6.8 of this Agreement. Adjustments to subcontracts awarded with the Owner shall be calculated in accordance with the terms of those subcontracts. § 5.3.4 above-referenced provisions of AIA Document A2012007 shall mean the Cost of the Work as defined in Sections 6.1 this Agreement. § 5.3.5 If no specific provision 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 5.1.2 will cause substantial inequity to the Owner or Construction Manager, the Construction and the Guaranteed Maximum Price shall be adjusted accordingly. 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 Construction Manager in the proper performance of the Work. Such costs shall be at rates not higher than the standard 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 Sections 6.1 through 6.7. § 6.1.2 n Manager shall obtain this approval prior to incurring the cost. The parties shall endeavor to identify any such costs prior to executing Guaranteed Maximum Price Amendment. § 6.2 Labor Costs § 6.2.1 Wages of construction workers directly employed by the Construction Manager to perform the construction of -site workshops. § 6.2.2 the si other offices shall be included in the Cost of the Work, identify in Section 11.5, the personnel to be included, whether for all or only part of their time, and the rates at which their time will be charged to the Work.) § 6.2.3 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. § 6.2.4 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 such costs are based on wages and salaries included in the Cost of the Work under Sections 6.2.1 through 6.2.3. § 6.2.5 Bonuses, profit sharing, incentive compensation and any other discretionary payments paid to anyone hired by the Construction Manager or paid § 6.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts. 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. ® WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ® 10 AIA 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. This draft was produced by AIA software at 08:54:42 on 05/03/2018 under Order No.0341027727 which expires on 03/09/2019, and is not for resale. User Notes: (1816947569) § 6.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 6.4.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the completed construction. § 6.4.2 Costs of materials described in the preceding Section 6.4.1 in excess of those actually installed to allow for of the Work or, at the Owner sales shall be credited to the Owner as a deduction from the Cost of the Work. § 6.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 6.5.1 Costs of transportation, storage, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipment and tools that are not fully consumed shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Construction Manager shall mean fair market value. § 6.5.2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and costs of transportation, installation, minor repairs, dismantling and removal. The total rental cost of any Construction Manager-owned item may not exceed the purchase price of any comparable item. Rates of Construction Manager-owned equipment and quantities of § 6.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § 6.5.4 Costs of document reproductions, facsimile transmissions and long-distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office. § 6.5.5 personnel incurred while traveling in discharge of duties connected with the Work. § 6.5.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the § 6.6 Miscellaneous Costs § 6.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. Self-insurance for either full or partial amounts of the coverages required by the Contract § 6.6.2 Sales, use or similar taxes imposed by a governmental authority that are related to the Work and for which the Construction Manager is liable. § 6.6.3 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. § 6.6.4 Fees of laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded by Section 13.5.3 of AIA Document A2012007 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 6.7.3. § 6.6.5 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 rights arising from such requirement of the Contract Documents; and payments made in accordance with legal judgments against the Construction Manager of legal defenses, judgments and se Fee or subject to the Guaranteed Maximum Price. If such royalties, fees and costs are excluded by the last sentence of Section 3.17 of AIA Document A2012007 or other provisions of the Contract Documents, then they shall not be included in the Cost of the Work. 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. ® WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ® 11 AIA 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. This draft was produced by AIA software at 08:54:42 on 05/03/2018 under Order No.0341027727 which expires on 03/09/2019, and is not for resale. User Notes: (1816947569) § 6.6.6 § 6.6.7 responsibility in the Contract Documents. § 6.6.8 disputes between the Owner and Construction Manager, reasonably incurred by the Construction Manager after the execution unreasonably withheld. § 6.6.9 personnel required for the Work. § 6.7 Other Costs and Emergencies § 6.7.1 Other costs incurred in the performance of the Work if, and to the extent, approved in advance in writing by the Owner. § 6.7.2 Costs incurred 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 10.4 of AIA Document A2012007. § 6.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a specific responsibility of the Construction Manager and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or others. § 6.7.4 The costs described in Sections 6.1 through 6.7 shall be included in the Cost of the Work, notwithstanding any provision of AIA Document A2012007 or 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 6.8. § 6.8 Costs Not To Be Reimbursed § 6.8.1 The Cost of the Work shall not include the items listed below: .1 Salaries and other comp Section 6.2, or as may be provided in Article 11; .2 Expenses of the Constru .3 Overhead and general expenses, except as may be expressly included in Sections 6.1 to 6.7; .4 employed for the Work; .5 Except as provided in Section 6.7.3 of this Agreement, costs due to the negligence or failure of the Construction Manager, Subcontractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract; .6 Any cost not specifically and expressly described in Sections 6.1 to 6.7; .7 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded; and .8 Costs for services incurred during the Preconstruction Phase. § 6.9 Discounts, Rebates and Refunds § 6.9.1 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 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 obtained. § 6.9.2 Amounts that accrue to the Owner in accordance with the provisions of Section 6.9.1 shall be credited to the Owner as a deduction from the Cost of the Work. 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. ® WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ® 12 AIA 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. This draft was produced by AIA software at 08:54:42 on 05/03/2018 under Order No.0341027727 which expires on 03/09/2019, and is not for resale. User Notes: (1816947569) § 6.10 Related Party Transactions § 6.10.1 having common ownership or management with the Construction Manager; any entity in which any stockholder in, or management employee of, the Construction Manager owns any interest in excess of ten percent in the aggregate; or any person or entity which has the right to control the business or affairs of the Construction Manager. The term y of any person identified above. § 6.10.2 If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a related party, the Construction Manager shall notify the Owner of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction, then the cost incurred shall be included as a cost to be reimbursed, and the Construction Manager shall procure the Work, equipment, goods or service from the related party, as a Subcontractor, according to the terms of Sections 2.3.2.1, 2.3.2.2 and 2.3.2.3. If the Owner fails to authorize the transaction, the Construction Manager shall procure the Work, equipment, goods or service from some person or entity other than a related party according to the terms of Sections 2.3.2.1, 2.3.2.2 and 2.3.2.3. § 6.11 Accounting Records The Construction Manager shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted and accounts, including complete documentation supporting purchase orders, vouchers, memoranda and other data relating to this Contract. The Construction Manager shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law. ARTICLE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES § 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 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 that an Application for Payment is received by the Architect not later than the « » day of a month, the Owner shall make payment of the certified amount to the Construction Manager not later than the « » day of the « » 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 « » ( « » ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 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 progress payments already received by the Construction Manager, less that portion of those ed by the present Application for Payment. § 7.1.5 Each Application for Payment shall be based on 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 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 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. ® WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ® 13 AIA 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. This draft was produced by AIA software at 08:54:42 on 05/03/2018 under Order No.0341027727 which expires on 03/09/2019, and is not for resale. User Notes: (1816947569) § 7.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of 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 that 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 Maximum 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 of 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 shall be included as provided in Section 7.3.9 of AIA Document A2012007; .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 ee, less retainage of « » percent ( « » %). The Construction at bears the same ratio to that fixed-sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainage of « » percent ( « » %) from that portion of the Work that the Construction Manager self-performs; .5 Subtract the aggregate of previous payments made by the Owner; .6 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 .7 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A2012007. § 7.1.8 The Owner and Construction Manager shall agree upon (1) a mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Construction Manager shall execute subcontracts in accordance with those agreements. § 7.1.9 suppliers for materials or equipment which have not been delivered and stored at the site. § 7.1.10 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 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, itors acting in the sole interest of the Owner. § 7.2 Final Payment § 7.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Construction Manager when .1 the Construction Manager has fully perfor responsibility to correct Work as provided in Section 12.2.2 of AIA Document A2012007, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final Application for Payment; and .3 a final Certificate for Payment has been issued by the Architect. 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. ® WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ® 14 AIA 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. This draft was produced by AIA software at 08:54:42 on 05/03/2018 under Order No.0341027727 which expires on 03/09/2019, and is not for resale. User Notes: (1816947569) ter the issuance of the « » § 7.2.2 30 days after delivery of the final accounting to the Architect by the Construction Manager. Based upon such Cost of provided the other conditions of Section 7.2.1 have been met, the Architect will, within seven days after receipt of the to the Owner a final Certificate for Payment with a copy to the withholding a certificate as provided in Section 9.5.1 of the AIA Document A2012007. The time periods stated in this Section supersede those stated in Section 9.4.1 of the AIA Document A2012007. The Architect is not responsible § 7.2.3 accounting to be less than claimed by the Construction Manager, the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Section 15.2 of A2012007. A ation within this 30-day Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Construction Manager the amou § 7.2.4 Section 6.1.1 and not excluded by Section 6.8 to correct defective or nonconforming Work, the Owner shall reimburse the Construction Manager suc such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If the Construction Manager has participated in savings as provided in Section 5.2.1, 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. ARTICLE 8 INSURANCE AND BONDS For all phases of the Project, the Construction Manager and the Owner shall purchase and maintain insurance, and the Construction Manager shall provide bonds as set forth in Article 11 of AIA Document A2012007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A2012007.) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) ARTICLE 9 DISPUTE RESOLUTION § 9.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 9 and Article 15 of A2012007. However, for Claims arising from or relating to the a condition precedent to mediation or binding dispute resolution, and Section 9.3 of this Agreement shall not apply. § 9.2 For any Claim subject to, but not resolved by mediation pursuant to Section 15.3 of AIA Document A2012007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Construction Manager do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) \[ « » \] Arbitration pursuant to Section 15.4 of AIA Document A2012007 \[ « » \] Litigation in a court of competent jurisdiction 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. ® WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ® 15 AIA 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. This draft was produced by AIA software at 08:54:42 on 05/03/2018 under Order No.0341027727 which expires on 03/09/2019, and is not for resale. User Notes: (1816947569) \[ « » \] Other: (Specify) « » § 9.3 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Section 15.2 of AIA Document A2012007 for below another individual, not a party to the Agreement, to serve as the Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) « » « » « » « » ARTICLE 10 TERMINATION OR SUSPENSION § 10.1 Termination Prior to Establishment of the Guaranteed Maximum Price § 10.1.1 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this Agreement upon not less than seve written notice to the Owner, for the reasons set forth in Section 14.1.1 of A2012007. § 10.1.2 In the event of termination of this Agreement pursuant to Section 10.1.1, the Construction Manager shall be equitably compensated for Preconstruction Phase services performed prior to receipt of a notice of termination. In no e 4.1. § 10.1.3 If the Owner terminates the Contract pursuant to Section 10.1.1 after the commencement of the Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment, the Owner shall pay to the Construction Manager an amount calculated as follows, which amount shall be in addition to any compensation paid to the Construction Manager under Section 10.1.2: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 computed upon the Cost of the Work to the date of termination at Section, an amount that 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; and .3 Subtract the aggregate of previous payments made by the Owner for Construction Phase services. 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 Owner elects to take legal assignment of subcontracts and purchase orders (including 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 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 Construction Manager under such subcontracts or purchase orders. All Subcontracts, purchase orders and rental agreements entered into by the Construction Manager will contain provisions allowing for assignment to the Owner as described above. If the Owner accepts assignment of subcontracts, purchase orders or rental agreements as described above, the Owner will reimburse or indemnify the Construction Manager for all costs arising under the subcontract, purchase order or rental agreement, if those costs would have been reimbursable as Cost of the Work if the contract had not been terminated. If the Owner chooses not to accept assignment of any subcontract, purchase order or rental agreement that would have constituted a Cost of the Work had this agreement not been terminated, the Construction Manager will terminate the subcontract, purchase order or rental agreement and the Owner will pay the Construction Manager the costs necessarily incurred by the Construction Manager because of such termination. 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. ® WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ® 16 AIA 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. This draft was produced by AIA software at 08:54:42 on 05/03/2018 under Order No.0341027727 which expires on 03/09/2019, and is not for resale. User Notes: (1816947569) § 10.2 Termination Subsequent to Establishing Guaranteed Maximum Price Following execution of the Guaranteed Maximum Price Amendment and subject to the provisions of Section 10.2.1 and 10.2.2 below, the Contract may be terminated as provided in Article 14 of AIA Document A2012007. § 10.2.1 If the Owner terminates the Contract after execution of the Guaranteed Maximum Price Amendment, the amount payable to the Construction Manager pursuant to Sections 14.2 and 14.4 of A2012007 shall not exceed the amount the Construction Manager would otherwise have received pursuant to Sections 10.1.2 and 10.1.3 of this Agreement. § 10.2.2 If the Construction Manager terminates the Contract after execution of the Guaranteed Maximum Price Amendment, the amount payable to the Construction Manager under Section 14.1.3 of A2012007 shall not exceed the amount the Construction Manager would otherwise have received under Sections 10.1.2 and 10.1.3 above, except fully completed by the Construction Manager, utilizing as necessary 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 AIA Document A2012007. In such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A201 Sections 5.1 and 5.3.5 of this Agreement. ARTICLE 11 MISCELLANEOUS PROVISIONS § 11.1 Terms in this Agreement shall have the same meaning as those in A2012007. § 11.2 Ownership and Use of Documents Section 1.5 of A2012007 shall apply to both the Preconstruction and Construction Phases. § 11.3 Governing Law Section 13.1 of A2012007 shall apply to both the Preconstruction and Construction Phases. § 11.4 Assignment The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing Except as provided in Section 13.2.2 of A2012007, 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. § 11.5 Other provisions: « » ARTICLE 12 SCOPE OF THE AGREEMENT § 12.1 This Agreement represents the 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 Owner and Construction Manager. § 12.2 The following documents comprise the Agreement: .1 AIA Document A1332009, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price .2 AIA Document A2012007, General Conditions of the Contract for Construction .3 2007, Digital Data Protocol Exhibit, if completed, or the following: « » 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. ® WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ® 17 AIA 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. This draft was produced by AIA software at 08:54:42 on 05/03/2018 under Order No.0341027727 which expires on 03/09/2019, and is not for resale. User Notes: (1816947569) .4 2008, Building Information Modeling Protocol Exhibit, if completed, or the following: « » .5 Other documents: (List other documents, if any, forming part of the Agreement.) « » This Agreement is entered into as of the day and year first written above. OWNER (Signature) CONSTRUCTION MANAGER (Signature) « »« » « »« » (Printed name and title) (Printed name and title) 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. ® WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ® 18 AIA 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. This draft was produced by AIA software at 08:54:42 on 05/03/2018 under Order No.0341027727 which expires on 03/09/2019, and is not for resale. User Notes: (1816947569) ® TM AIA Document A133 2009 Exhibit A Guaranteed Maximum Price Amendment for the following PROJECT: (Name and address or location) ADDITIONS AND DELETIONS: The author of this document has « » added information needed for « » its completion. The author may also have revised the text of the original AIA THE OWNER: standard form. An Additions (Name, legal status and address) and Deletions Report that notes added information as well as revisions to the « »« » standard form text is « » available from the author and should be reviewed. THE CONSTRUCTION MANAGER: This document has important (Name, legal status and address) legal consequences. Consultation with an attorney is encouraged with « »« » respect to its completion or « » modification. 2007, ARTICLE A.1 General Conditions of the § A.1.1 Guaranteed Maximum Price Contract for Construction, is adopted in this document Pursuant to Section 2.2.6 of the Agreement, the Owner and Construction Manager hereby by reference. Do not use with amend the Agreement to establish a Guaranteed Maximum Price. As agreed by the Owner other general conditions and Construction Manager, the Guaranteed Maximum Price is an amount that the Contract unless this document is modified. the Cost of the Work, as that term is defined in Article 6 of this Agreement. § A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed « » ($ « » ), subject to additions and deductions by Change Order as provided in the Contract Documents. § A.1.1.2 Itemized Statement of the Guaranteed Maximum Price. Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories, that comprise the Guaranteed Maximum Price. (Provide below or reference an attachment.) « » § A.1.1.3 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the Contract Documents permit the Owner to accept other alternates subsequent to the execution of this Amendment, attach a schedule of such other alternates showing the amount for each and ELECTRONIC COPYING of any ® portion of this AIADocument to the date when the amount expires.) another electronic file is prohibited and constitutes a « » violation of copyright laws as set forth in the footer of this document. § A.1.1.4 Allowances included in the Guaranteed Maximum Price, if any: (Identify allowance and state exclusions, if any, from the allowance price.) 2009 Exhibit A. Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: ® ® This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, 1 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. This draft was produced by AIA software at 08:55:23 on 05/03/2018 under Order No.0341027727 which expires on 03/09/2019, and is not for resale. User Notes: (1933669175) Item Price ($0.00) § A.1.1.5 Assumptions, if any, on which the Guaranteed Maximum Price is based: « » § A.1.1.6 The Guaranteed Maximum Price is based upon the following Supplementary and other Conditions of the Contract: Document Title Date Pages § A.1.1.7 The Guaranteed Maximum Price is based upon the following Specifications: (Either list the Specifications here, or refer to an exhibit attached to this Agreement.) « » Section Title Date Pages § A.1.1.8 The Guaranteed Maximum Price is based upon the following Drawings: (Either list the Drawings here, or refer to an exhibit attached to this Agreement.) « » Number Title Date § A.1.1.9 The Guaranteed Maximum Price is based upon the following other documents and information: (List any other documents or information here, or refer to an exhibit attached to this Agreement.) « » ARTICLE A.2 § A.2.1 The anticipated date of Substantial Completion established by this Amendment: « » OWNER (Signature) CONSTRUCTION MANAGER (Signature) « »« » « »« » (Printed name and title) (Printed name and title) 2009 Exhibit A. Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: ® ® This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, 2 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. This draft was produced by AIA software at 08:55:23 on 05/03/2018 under Order No.0341027727 which expires on 03/09/2019, and is not for resale. User Notes: (1933669175)