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Home My WebLink About740637.tiff .1 P.N. eks1 RESOLUTION WHEREAS, pursuant to law, the Board of County Commissioners, Weld County, Colorado, is vested with the responsibility of administer- ing the affairs of Weld County, Colorado, and WHEREAS, it has been determined by the Board that there is a need for a new County Services Building, and WHEREAS, the Board believes it to be in the best interest of the County to employ a qualified construction manager to represent the County in its dealings and negotiations with the negineering firm of Nelson, Haley, Patterson and Quirk, the architects and engineers em- ployed by the County to plan and design a new County Services Building consisting of approximately 135, 000 square feet of building area and approximately 49, 500 square feet of parking car area, and WHEREAS, Hensel Phelps Construction Company, Greeley, Co- lorado, has submitted an agreement providing for such services in con- nection with the supervision and construction of the aforementioned new County Services Building. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, that said services contract providing for Hensel Phelps Construction Company to represent the County in its dealings and negotiations with Nelson, Haley, Patterson and Quirk, the architect, engineer and planner, in the construction and erection of the new County Services Building, copy of which is attached hereto and made a part hereof by reference, be, and it here- by is approved. BE IT FURTHER RESOLVED, that the Board be, and it hereby is authorized to execute the agreement as submitted and to make the same effective forthwith. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of April , A.D. , 1974 nunc pro tunc as of February 11, 1974. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST %.5-7.Z " ?-<_.-2 Weld County Clerk & Recorder and Clerk to the Board /17--) Li; Deputy Co y Clerk/ 1 APP . ED AS TO __1.112,/12 /` County Attorney r 740637 r"4 n THE AMERICAN INSTITUTE OF ARCHITECTS 01", AIA Document 8801 Standard Form of Agreement Between Owner and Construction Manager Recommended for use with the current editions of standard AIA agreement forms and documents. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made this Eleventh day of February in the year of Nineteen Hundred and Seventy Four BETWEEN the Owner: Board of County Commissioners Weld County, Colorado and the Construction Manager: Hensel Phelps Construction Co. 420 Sixth Avenue, Greeley, Colorado For services in connection with the following described Project: (Include detailed description of Project location and scope) Weld County Services Building to be designed by CNC/NHPQ, Inc. , Architects, Engineers, Planners, generally to consist of about 135, 000 square feet (building area) and 49,500 square feet (parking). The Architect for the Project is: CNC/NHPQ, Inc. The Owner and the Construction Manager agree as set forth below. AIA DOCUMENT B801 • OWNER-CONSTRUCTION MANAGER AGREEMENT • DECEMBER 1973 EDITION • ACAS © 1973 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 1 n I. THE CONSTRUCTION MANAGER, as agent of the Owner, shall provide services in accordance with the Terms and Conditions of this Agreement. The Construction Manager accepts the relationship of trust and confidence established between him and the Owner by this Agreement. He covenants with the Owner to furnish his best skill and judgment and to cooperate with the Architect in furthering the interests of the Owner. He agrees to furnish efficient business administration and superintendence and to use his best efforts at all times in the best way and in the most expeditious and economical manner consistent with the in- terests of the Owner. IL THE OWNER shall compensate the Construction Manager in accordance with the Terms and Con- ditions of this Agreement. A. FOR BASIC SERVICES, as described in Paragraph 1.1, compensation shall be computed as fol- lows: (select one) 3. On thy, ,,f• PROIESSIO)UAL PEE PLUS(MUSES. a. A Professional Fee of dollars ($ ), PLUS b. An amount computed as follows: Principals'time at the fixed rate of do rs($ ) per hour. For the purposes of this Agreement, the Principals are: Employees' time (other than Princi s) at the following multiples of the employees' Direct Personnel Expense as defined in title 4. For those assigned to t Project in the office,a multiple of ( ). • For those assig to the Project at the construction site,a multiple of ( ). c. Services of rofessional consultants at a multiple of ( ) times the am nt billed to the Construction Manager for such services. AIA DOCUMENT B801 • OWNER-CONSTRUCTION MANAGER AGREEMENT • DECEMBER 1973 EDITION • AIA® @ 1973 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 2 r n OR 2. O., tl. L.. :, „f., MULTIPI.t OF DIRECT PERSONNEL EXPENSE. a. Principals' time at the fixed rate of dollars ($ ) per h . For the purposes of this Agreement, the Principals are: b. Employees' time (other than Principals) at the followin ultiples of the employees' Direct Personnel Expense as defined in Article 4. For those assigned to the Project in th ice,a multiple of For those assigned to the P ect at the construction site,a multiple of ( ). c. Services of professio consultants at a multiple of ( ) times the amou filled to the Construction Manager for such services. OR 3. On the is of a FIXED FEE of dollars ($ ). OR 4. On the basis of a PERCENTAGE OF CONSTRUCTION COST,as defined in Article 3,of percent ( 6 %). D. AN INITIAL PAYMENT eV ($ ). ',hall In, .,f tk„ Ab, ..,. ,,t ..4 ., da J t th O....c.', aceourt. C. FOR ADDITIONAL SERVICES, as described in Paragraph 1.2, compensation shall be computed as follows: Any additional services shall be compensated at the construction manager's actual costs plus 10% overhead and 5% profit or upon such other 1. R:,,..:p..V ti...e et th., CAAr,.t� of d llec ($ ) p... )1.,6r. For the p,.rpo;cs of this Agreement, t`•e terms as may be agreed upon from time to time. • tl.c f.,II-..;,,_ ,,..1 -.I.., .f tI ..n..l 1 D. .. Personnel Expense as defined in Article 4. For those assigned to the Project in the office, a multipl- ( ). For those assigned to the Pr•.'- the construction site, a multiple of ( ). 3. Service • •rofessional consultants at a multiple of ( ) •s the amount billed to the Construction Manager for such services. AIA DOCUMENT 8801 • OWNER-CONSTRUCTION MANAGER AGREEMENT • DECEMBER 1973 EDITION • AIA® © 1973 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 3 � n D. FOR REIMBURSABLE EXPENSES, amounts expended as defined in Article 5. III. THE PARTIES agree in accordance with the Terms and Conditions of this Agreement that: A. IF THE SCOPE of the Project is changed materially, compensation for Basic Services shall be sub- ject to renegotiation. • E. IF THE TfP.VICES c^vcrcd by this Agreement have not been completed within Jet. Lc, ef, d. arn.,..nt, of Ee..., ,, et:e.., n.t..9 end •,.,dt;pl— ,..t fa.tl, ; , Pa ab.aEl. II B. If the services of the construction manager for the "Design Phase" of the scope of work have not been completed within twelve (12) months of the date hereof, the amount of compensation set forth in Paragraph II shall be subject to renegotiation. If the services of the construction manager for the "Construction Phase" of the scope of work have not been completed within thirty six (36) months from the date hereof, the amount of compensation set forth in Paragrar lI shall be subject to renegotiation. • AIA DOCUMENT 8801 • OWNER-CONSTRUCTION MANAGER AGREEMENT • DECEMBER 1973 EDITION • AIA® ®1973 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 4 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER ARTICLE 1 113 Labor: Provide an analysis of the types and quantity of labor required for the Project and review the avail- • ability of appropriate categories of labor required for CONSTRUCTION MANAGER'S SERVICES critical phases. 11.5.1 Determine applicable requirements for equal 11 BASIC SERVICES employment opportunity programs for inclusion in the The Construction Manager's Basic Services consist proposed Contract Documents. of the two phases described below and any other 1.1.6 Bidding: Prepare pre-qualification criteria for bid- services included in Article 13 as Basic Services. ders and develop Contractor interest in the Project. [stab- DESIGN PHASE lish bidding schedules and conduct pre-bid conferences to familiarize bidders with the bidding documents and • 1.1.1 Consultation During Project Development: Review management techniques and with any special systems, conceptual designs during development. Advise on site materials or methods. use and improvements, selection of materials, building systems and equipment. Provide recommendations on 1.1.6.1 Receive bids, prepare bid analyses and make recommendations to the Owner for award of contracts or rejection bids. • relative construction feasibility, availability of materials and labor,time requirements for installation and construe- 1 tion, and factors related to cost including costs of alterna- 1.1.7 Contract Awards: Conduct pre-award conferences tive designs or materials, preliminary budgets, and pos- with successful bidders. Assist the Owner in preparing sible economies. Construction Contracts and advise the Owner on the 1.1.2 Scheduling: Provide and periodically update a acceptability of Subcontractors and material suppliers Project time schedule that coordinates and integrates the proposed by Contractors. Architect's services with construction schedules. CONSTRUCTION PHASE 11.3 Project Budget: Prepare a Project budget for the The Construction Phase will commence with the Owner's approval as soon as major Pmjert requirements award of .the first Construction Contract or purchase have been identified and update periodically. Prepare an order and will terminate 30 days after the final estimate of construction cost based on a quantity survey Certificate for Payment is issued by the Architect. of Drawings and Specifications at the end of the Schematic Design Phase for approval by the Owner. Update and re- 1.1.8 Project Control: Coordinate the Work of the Con- fine this estimate for Owner's approval as the develop- tractors with the activities and responsibilities of the ment of the Drawings and Specifications proceeds, and Owner and Architect to complete the Project in accord- advise the Owner and the Architect if it appears that the ance with the Owner's objectives on cost, time and Project budget will not be met and make recommenda- quality. Provide sufficient personnel at the Project site tions for corrective action. with authority to achieve these objectives. 11.4 Coordination of Contract Documents: Review the 1.1.8.1 Schedule and conduct pre-construction and prog- Drawings and Specifications as they are being prepared, ress meetings at which Contractors, Owner, Architect and recommending alternative solutions whenever design de- Construction Manager can discuss jointly such matters as tails affect construction feasibility or schedules. procedures, progress, problems and scheduling. 1.1.4.1 Verify that the requirements and assignment of 1.1.8.2 Provide a detailed schedule for the operations of responsibilities for safety precautions and programs, tem- Contractors on the Project, including realistic activity porary Project facilities and for equipment, materials and sequences and durations, allocation of labor and materi- services for common use of Contractors are included in als, processing of shop drawings and samples, and de- the proposed Contract Documents. livery of products requiring long lead time procurement; 11.4.2 Advise on the method to be used for selecting include the Owner's occupancy requirements showing Contractors and awarding contracts. If separate contracts portions of the Project having occupancy priority. are to he awarded, review the Drawings and Specifications 1.1.8.3 Provide regular monitoring of the schedule as to (1) ascertain if areas of jurisdiction'overlap, (2) verify construction progresses. Identify potential variances be- that all Work has been included, and (3) allow for phased tween scheduled and probable completion dates. Review construction. schedule for Work not started or incomplete and recom- X1.1.4.3 Investigate and recommend a schedule for pur- mend to the Owner and Contractor adjustments in the chase by the Owner of all materials and equipment re- schedule to meet the probable completion date. Provide quiring long lead time procurement, and coordinate the summary reports of each monitoring, and document all schedule with the early preparation of Contract Docu- changes in schedule. ments by the Architect. Expedite and coordinate delivery 1.1.8.4 Recommend courses of action to the Owner of these purchases. when requirements of a contract are not being fulfilled. AIA DOCUMENT 8601 • OWNER-CONSTRUCTION MANAGER AGREEMENT • DECEMBER 1973 EDITION • ALA® 5 ® 1973 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 qr. /...\ l 1.1.9 Cost Control: Revise and refine the approved esti- for expediting the processing and approval of shop draw- mate of construction cost, incorporate approved changes ings and samples. as they occur, and develop cash flow reports and fore- casts as needed. 1.1.15 Reports and Records: Record the progress of the Project. Submit written progress reports to the Owner 1.1.9.1 Provide regular monitoring of the approved esti- and the Architect including information on the Contrac- mate of construction cost, showing actual costs for ac- tors and Work, the percentage of completion and the tivities in process and estimates for uncompleted tasks. number and amounts of Change Orders. Keep a daily Identify variances between actual and budgeted or esti- log available to the Owner and the Architect. mated costs, and advise the Owner and Architect when- 1.1.15.1 Maintain at the Project site, on a current basis: ever projected costs exceed budgets or estimates. records of all Contracts; shop drawings; samples; pur- 1.1.9.2 Arrange for the maintenance of cost accounting chases; materials; equipment; applicable handbooks; records on authorized Work performed under unit costs, federal, commercial and technical standards and speci- actual costs for labor and materials, or other bases re- fications; maintenance and operating manuals and instruc- quiring accounting records. tions; and any other related documents and revisions 1.1.9.3 Develop and implement a system for review and which arise out of the Contract or the Work. Obtain data processing of Change Orders. from Contractors and maintain a current set of record• drawings, and opmanuals. t the • tions• 1.1.9.4 Recommend necessary or desirable changes.to completion ofctheaP Project, deliverr all n guch records to the the Owner and the Architect, review requests for changes, Owner. submit recommendations to the Owner and the Architect, and assist in negotiating Change Orders. 1.1.16 Owner-Purchased Items: Accept delivery and arrange storage, protection and security for all Owner- . 1.1.9.5 Develop and implement a procedure for the re- purchased materials, systems and equipment which are a view and processing of applications by Contractors for part of the Work until such items are turned over to the progress and final payments. Make recommendations to Contractors. the Architect for certification to the Owner for payment. 1.1.17 Substantial Completion: Upon the Contractors' 1.1.10 Permits and Fees: Assist in obtaining all building determination of Substantial Completion of the Work or permits and special permits for permanent improvements, designated portions thereof, prepare for the Architect a excluding permits for inspection or temporary facilities list of incomplete or unsatisfactory items and a schedule required to be obtained directly by the various Contrac- for their completion. After the Architect certifies the Date tors. Verify that the Owner has paid all applicable fees of Substantial Completion, supervise the correction and and assessments for permanent facilities. Assist in obtain- completion of Work. ing approvals from all the authorities having jurisdiction. 1.1.18 Start-Up: With the Owner's maintenance per- 1.1.11 Owner's Consultants: If required,assist the Owner sonnel, direct the checkout of utilities, operational sys- in selecting and retaining professional services of a sur- tems and equipment for readiness and assist in their veyor, special consultants and testing laboratories. Co- initial start-up and testing. ordinate these services. 1.1.19 Final Completion: Determine final completion 1.1.12 Inspection: Inspect the work of Contractors to and provide written notice to the Owner and Architect that the Work is ready for final inspection. Secure and assure that the Work is being performed in accordance transmit to the Architect required guarantees, affidavits, with the requirements of the Contract Documents. En- deavor to guard the Owner against defects and deficien- releases, bonds and waivers. Turn over to the Owner all keys, manuals, record drawings and maintenance stocks. cies in the Work. Require any Contractor to stop Work or any portion thereof, and require special inspection or testing of any Work not in accordance with the provisions of the Contract Documents whether or not such Work 1.2 ADDITIONAL SERVICES be then fabricated, installed or completed. Reject Work which does not conform to the requirements of the Con- The following Additional Services shall be per- tract Documents. formed upon authorization in writing from the Owner 1.1.12.1 The Construction Manager shall not be respon- providedand shall be paid for as hereinbefore sible for construction means, methods, techniques, se- 1.2.1 Services related to investigation, appraisals or 2 quences and procedures employed by Contractors in valuations of existing conditions, facilities or equipment, performance of their contract,and he shall not be respon- or verifying the accuracy of existing drawings or other sible for the failure of any Contractors to carry out the Work in accordance with the Contract Documents. Owner-furnished information. 1.2.2 Services related to Owner-furnished equipment, 1.1.13 Contract Performance: Consult with the Archi- tect and the Owner if any Contractor requests inter- Work. . and furnishings which are not a part of the pretations of the meaning and intent of the Drawings and Specifications, and assist in the resolution of any 1.2.3 Services for tenant or rental spaces. questions which may arise. 1.2.4 Services related to construction performed by the 1.1.14 Shop Drawings and Samples: In collaboration Owner. with the Architect, establish and implement procedures 1.2.5 Consultation on replacement of Work damaged by 6 • MA DOCUMENT B801 • OWNER-CONSTRUCTION MANAGER AGREEMENT • DECEMBER 1973 EDITION • AIAffi ® 1973 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 • • fire or other cause during construction, and furnishing ARTICLE 3 • services for the replacement of such Work. CONSTRUCTION COST 12.6 Services made necessary by the default of a Con- tractor. 3.1 If the Construction Cost is to be used as the basis 1.2.7 Preparing to serve or serving as an expert witness for determining the Construction Manager's compensa- in connection with any public hearing, arbitration pro- tion for Basic Services, it shall be the cost of all Work, seeding, or legal proceeding. including work items in the Conditions of the Contract and the Specifications and shall be determined as follows: 1.2.8 Finding housing for construction labor, and defin- 3.1.1 For completed construction, the total construction ing requirements for establishment and maintenance of cost of all such Work; base camps. 3.1.2 For Work not constructed, (1) the sum of the 1.2.9 Obtaining or training maintenance personnel or lowest bona fide bids received from qualified bidders negotiating maintenance service contracts. for any or all of such Work or (2) if the Work is not 1.2.10 Services related to Work items required by the bid, the sum of the bona fide negotiated proposals sub- Conditions of the Contract and the Specifications which mitted for any or all of such Work; or are not provided by Contractors. 3.1.3 For Work for which no such bids or proposals 1.2.11 Inspections of and services related to the Project are received, the Construction Cost contained in the after completion of the services under this Agreement. Construction Manager's latest Project construction budget 1.2.12 Providing any other service not otherwise in- approved by the Owner. cluded in this Agreement. 3.2 Construction Cost shall not include the compensa- tion of the Construction•Manager (except for, costs of Work items in the Conditions of the Contract and in the Specifications), the Architect and consultants, the cost of the land, rights-of-way, or other costs which are the responsibility of the Owner as provided in Paragraphs 2.3 ARTICLE 2 through 2.5 inclusive. 3.3 The cost of labor, materials and equipment furnished • THE OWNER'S RESPONSIBILITIES by the Owner shall be included in the Construction Cost at current market rates, including a reasonable allowance for overhead and profit. 2.1 The Owner shall provide full information regarding 3.4 Cost estimates prepared by the Construction Man- his requirements for the Project. ager represent his best judgment as a professional familiar 2.2 The Owner shall designate a representative who shall with the construction industry. It is recognized, however, be fully acquainted with the scope of the Work, and has that neither the Construction Manager nor the Owner has authority to render decisions promptly and furnish in- any control over the cost of labor, materials or equipment, formation expeditiously. over Contractors' methods of determining bid prices, or 2.3 The Owner shall retain an Architect for design and other competitive bidding or market conditions. to prepare construction documents for the Project. The 3.5 No fixed limit of Construction Cost shall be deemed Architect's services, duties and responsibilities are de- to have been established unless it is in writing and signed scribed in the Agreement between the Owner and the by the parties hereto. When a fixed limit of Construction Architect, pertinent parts of which will be furnished to Cost is established in writing as a condition of this Agree- the Construction Manager and will not be modified ment, the Construction Manager shall advise what ma- without written notification to him. terials, equipment, component systems and types of con- 2.4 The Owner shall furnish such legal, accounting.and struction should be included in the Contract Documents, insurance counselling services as may be necessary for and shall suggest reasonable adjustments in the scope of the Project, and such auditing services as he may require the Project to bring it within the fixed limit. to ascertain how or for what purposes the Contractors 3.5.1. If responsive bids are not received as scheduled. have used the moneys paid to them under the Construc- any fixed limit of Construction Cost established as a tion Contracts. condition of this Agreement shall be adjusted to reflect any change in the general level of prices occurring be- 2.5 The Owner shall furnish the Construction Manager twwith a sufficient quantity of construction documents. which w the originally scheduled date and the date on which bids are received. 2.6 If the Owner becomes aware of any fault or defect 3.5.2 When the fixed limit of Construction Cost is ex- in the Project or nonconformance with the Contract ceeded, the Owner shall (1) give written approval of an Documents, he shall give prompt written notice thereof increase in such fixed limit, (2) authorize rebidding with- to,the Construction Manager. in a reasonable time, or(3) cooperate in revising the scope 2.7 The services, information, surveys and reports re- and quality of the Work as required to reduce the Con- quired by Paragraphs 2.3 through 2.5 inclusive shall be struction Cost. In the case of (3) the Construction Manager, furnished at the Owner's expense, and the Construction without additional compensation, shall cooperate with Manager shall be entitled to rely upon the accuracy and the Architect as necessary to bring the Construction completeness thereof. Cost within the fixed limit. AEA DOCUMENT 8801 • OWNER-CONSTRUCTION MANAGER AGREEMENT • DECEMBER 1973 EDITION • AIA® ® 1973 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 7 ARTICLE 4 6.1.3 Payments for Reimbursable Expenses shall be made upon presentation of the Construction Manager's state- ment. DIRECT PERSONNEL EXPENSE 6.2 No deductions shall be made from the Construc- Direct Personnel Expense is defined as the salaries of pro- tion Manager's compensation on account of penalty, fessional, technical and clerical employees engaged on liquidated damages, or other sums withheld from pay- - the Project by the Construction Manager, and the cost ments to Contractors. of their mandatory and customary benefits such as statu- tory employee benefits, insurance, sick leave, holidays, 6.3 If the Project is suspended for more than three vacations, pensions and similar benefits. months or abandoned in whole or in part, the Con- struction Manager shall be paid his compensation for services performed prior to receipt of written notice from ARTICLE 5 the Owner of such suspension or abandonment, together with Reimbursable Expenses then due, and all termination expenses as defined in Paragraph 7.2 resulting from such REIMBURSABLE EXPENSES suspension or abandonment. If the Project is resumed 5.1 Reimbursable Expenses are in addition to the coin- after being suspended for more than three months, the p Construction Manager's compensation shall be subject to pensation for Basic and Additional Services and include renegotiation. actual expenditures made by the Construction Manager, his employees, or his professional consultants in the 6.4 If construction of the Project has started and is interest of the Project: delayed by reason of strikes, or other circumstance not 5.1.1 Long distance calls and telegrams, and fees paid due to the fault of the Construction Manager, the Onner for securing approval of authorities having jurisdiction ofsh his reimburse the Construction forMa by this for the costs over the Project. _ of Project-site staff as provided for by Agreement-. I The Construction Manager shall reduce the size of his 5.1.2 Handling, shipping, mailing and reproduction of Project-site staff after a 60-day delay, or sooner if feasible, Project related materials. for the remainder of the delay period as directed la‘ the Owner and, during the period, the Owner shall reimburse • 5.1.3 Transportation and living when traveling in con- the Construction Manager for the direct personnel ex- nection with the Project, relocation costs, and overtime pense of such staff plus any relocation costs. Upon the work requiring higher than regular rates if authorized in termination of the delay, the Construction Manager shall advance by the O•.vner. Isubject his Fro ect-site staff to its former size, suu ea to 51.4 Electronic data processing service and rental of the approval of the Owner. electronic data processing equipment when used in con- 6.5 If the Project time schedule established in Subpara- nection with Additional Services. graph 1.1.2 is exceeded by more than thirty days through '5.1.5 Premiums for insurance required in Article 10. no fault of the Construction Manager, compensation for Basic Services performed by Principals, employees and 5.1.6 Providing construction support activities such as professional consultants required beyond the thirtieth day Work items included in the Conditions of the Contract to complete the services under this Agreement shall be as and in the Specifications unless they are provided by the set forth in Paragraph IIC. Contractors. 5.1. 7 All direct personnel expenses and 6.6 Payments due the Construction Manager which are • unpaid for more than 60 days from date of billing shall other costs incurred by the construction bear interest at the legal rate of interest applicable at the manager at the ARTICLE 6 construction site construction site. during the construe Lion phase. PAYMENTS TO THE CONSTRUCTION MANAGER ARTICLE 7 6.1 Payments shall be made monthly upon presentation of the Construction Manager's statement of services as TERMINATION OF AGREEMENT follows: 6.1.1 An initial payment as set forth in Paragraph IIB is 7.1 This Agreement may be terminated by either part" upon seven days' written notice should the other party the minimum payment under this Agreement. fail substantially to perform in accordance with its terms 6.1.2 When compensation is computed as described in through no fault of the party initiating termination. In Paragraphs IIA1a, IIA3, or 11A4, subsequent payments the event of termination due to the fault of others than for Basic Services shall be made in proportion to services the Construction Manager, the Construction Manager performed. The compensation at the completion of each shall be paid his compensation plus Reimbursable Ex- Phase shall equal the following percentages of the total penses for services performed to termination date and all compensation for Basic Services: termination expenses. Design Phase 20% 7.2 Termination expenses are defined as Reimbursable Construction Phase 100% Expenses directly attributable to termination, plus an AIA DOCUMENT 11801 • OWNER-CONSTRUCTION MANAGER AGREEMENT • DECEMBER 1973 EDITION • AR? 8 © 1973 • THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 amount computed as a percentage of the total compen- such claim, dispute or other matter in question would sation earned to the time of termination, as follows: be barred by the applicable statute of limitations. 20 percent if termination occurs during the Design 9:3 The award rendered by the arbitrators shall be final, Phase; or and judgment may be entered upon it in accordance with 10 percent if termination occurs during the Construc- applicable law in any court having jurisdiction thereof. tion Phase. • • ARTICLE 10 ARTICLE 8 • INSURANCE • SUCCESSORS AND ASSIGNS The Construction Manager shall purchase and maintain The Owner and the Construction Manager each binds insurance to protect himself from claims under workmen's himself, his partners, successors, assigns and legal rep- compensation acts; claims for damages because of bodily resentatives to the other party to this Agreement and injury including personal injury, sickness or disease, or to the partners, successors, assigns and legal represents- death of any of his employees or of any person other tives of such other party with respect to all covenants than his employees; and from claims for damages be- of this Agreement. Neither the Owner nor the Con- cause of injury to or destruction of tangible property in- struction Manager shall assign, sublet or transfer his cluding loss of use resulting therefrom; and from claims interest in this Agreement without the written consent of arising out of the performance of professional services the other, caused by any errors, omissions or negligent acts for which he is legally liable. ARTICLE 9 ARTICLE 11 ARBITRATION EXTENT OF AGREEMENT • 9.1 All claims, disputes and other matters in question 11.1 This Agreement represents the entire and integrated between the parties to this Agreement, arising out of, or agreement between the Owner and the Construction relating to this Agreement or the breach thereof, shall be Lion't t by arbitration accordance. Manager and supersedes all prior en negotiationc,, reprecenta- InsArii in __ r_-..-_ A the Construe- Lions or agreements, either written or oral. This Agree- tion Industry Arbitration Rules of the American Arbitra- ment shall not be superseded by provisions of contracts tion Association then obtaining unless the parties mutually for construction and may be amended only by written agree otherwise. No arbitration, arising out of, or relating instrument signed by both Owner and Construction to this Agreement, shall include, by consolidation,joinder Manager. or in any other manner, any additional party not a party • to this Agreement except by written consent containing a 11.2 Nothing contained herein shall be deemed to specific reference to this Agreement and signed by all the create any contractual relationship between the Construc- parties hereto. Any consent to arbitration involving an tion Manager and the Architect or any of the Contractors, additional party or parties shall not constitute consent to Subcontractors or material suppliers on the Project; nor arbitration of any dispute not described therein or with shall anything contained herein be deemed to give any any party not named or described therein. This Agreement third party any claim or right of action against the Owner to arbitrate and any agreement to arbitrate with an addi- or the Construction Manager which does not otherwise tional party or parties duly consented to by the parties exist without regard to this Agreement. hereto shall be specifically enforceable under the pre- vailing arbitration law. 9.2 Notice of the demand for arbitration shall be filed ARTICLE 12 • in writing with the other party to this Agreement and with the American Arbitration Association. The demand shall GOVERNING LAW be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall Unless otherwise specified, this Agreement shall be the demand for arbitration be made after the date when governed by the law in effect at the location of the institution of legal or equitable proceedings based on Project. AIA DOCUMENT B801 • OWNER-CONSTRUCTION MANAGER AGREEMENT • DECEMBER 1973 EDITION • AIA® © 1973 • THE AMERICAN INSTITUTE Or ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 9 /11/4`, h ARTICLE 13 • OTHER CONDITIONS OR SERVICES + In addition to the services the Construction Manager is herein to provide as the Construction Manager, it may competitively bid certain portions of the work in the "construction phase" to be performed by a contractor. In the event the Owner shall sell, assign or otherwise transfer the product of the construction manager, which results from service performed during the "design phase", and/or if the Owner shall sell, assign or otherwise transfer the product of the project architect, the construction manager shall have the right to specifically enforce the terms of this agreement against any such purchaser, assignee or transferee. • This Agreement executed the day and year first written above. BOARD OF COUNTY COMMISSIONERS HENSEL PHECONSTRUCT N CO. OWNER STRUCTION M AGER )1a( / ri4) Robert . Tointon, Executive Vice President Secrete yli AIA DOCUMENT 8801 • OWNER-CONSTRUCTION MANAGER AGREEMENT • DECEMBER 1973 EDITION • AIA® 10 ® 1973 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 MINUTES OF A SPECIAL MEETING OF THE BOARD OF DIRECTORS OF HENSEL PHELPS CONSTRUCTION CO. 17 April 1974 A special meeting of the Board of Directors of Hensel Phelps Construction Co. was called for the purpose of adopting a resolution to authorize Jerry G. Pope as Manager of Special Projects of Hensel Phelps Construction Co. to represent the company in all contract matters and documents in general regarding the Board of Weld County Commissioners for the construction of the Weld County Services Building, 10th Avenue and 10th Street, Greeley, Colorado. A quorum of the directors being present, the meeting was called to order. The reading of the minutes of the last meeting was dispensed with. Upon motion duly made and seconded, the following resolution was unanimously approved: "BE IT RESOLVED That Jerry G. Pope as Manager of Special Projects of Hensel Phelps Construction Co. is hereby authorized by the Board of Directors of the Company to represent Hensel Phelps Construction Co. on all contract matters and documents in general regarding the Board of Weld County Commissioners for the construction of the Weld County Services Building at 10th Avenue and 10th Street, Greeley, Colorado. " No further business coming before the meeting, the same was adjourned. Respectfully submitted, ./(7(--e--' Robert A. Ruyle, Secretary I hereby certify that the above and foregoing is a true and correct copy of the minutes of a special meeting of the Board of Directors of Hensel Phelps Construction Co. held at the office of the company on the 17th day of April, 1974. Robert A. Ruyle, Secre y • / , r April 24, 1974 FOR RELEASE: IMMEDIATE Hensel Phelps Awarded Weld Services Complex Construction Management The Board of Weld County Commissioners announced today that Hensel Phelps Construction Co. of Greeley will serve as construction manager for the new Weld Services Complex to be located adjacent to the exist— ing Weld County Court House in Greeley. The $9.6 million complex, designed by C. Neal Carpenter/Nelson, Haley, Patterson and Quirk, Inc. , will house county administrative offices and replace existing county law enforcement facilities. The ,r. project includes remodeling of the court house to expand existing court facilities into areas now occupied by county administration offi- ces. The "Design-Build" concept is a modern means to efficiently com- plete projects of this magnitude for the lowest possible cost. "Design- Build" will be implemented as a joint effort of Hensel Phelps and CNC/NHPQ. Construction will take place in two phases beginning July 15, 1974. Phase I construction, located south of the existing court house, will house county administrative offices which are presently in the existing court house and adjacent old county services building. Phase II, to be constructed on the old services building site, will provide new county law enforcement facilities for Weld County. A 1st Add--Hensel Phelps Awarded Weld Services Complex highly developed exterior plaza will connect new and existing facilities filling out the court house block. Remodeling of the present court house to expand court facilities will begin after Phase I completion has allowed county officials to vacate the court house. A prequalified list of bidders is now being prepared by Hensel Phelps for all material suppliers and subcontractors. The first bid package of foundation work will be issued mid-June for competitive bidding. Any firm interested in submitting a proposal for the Weld Services Complex or the Weld County Court House Remodeling work should forward a written request to Mr. Jerry G. Pope, Manager of Special Projects, Hensel Phelps Construction Co. , 420 Sixth Avenue, Greeley, Colorado 80631. n EXHIBIT NO. 1 FULL TIME PROJECT REPRESENTATION Two Full-Time Project Representatives shall be employed and directed by the Architect and shall be compensated, therefore, as mutually agreed in the Agreement. The duties, responsibilities , and limitations of the Full- Time Project Representatives shall be set forth herein. The Full Time Project Representatives will advise and consult with the Architect and issue instructions to the Contractor. The Representatives shall have authority to act in behalf of the Architect and on behalf of the Owner to the extent provided in the General Conditions of the Contract. The Full-Time Project Representatives shall, at all times, have access to the Work wherever it is in preparation of progress. The Full-Time Project Representatives shall familiarize themselves with the progress and quality of the Work and make determinations whether the Work is proceeding in accordance with the Contract Documents. On the basis of on-site observations, the Representatives shall endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. The Rep- resentatives shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, and shall not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. Based on such observations at the site, and on the Contractor's Application for Payment, the Full-Time Project Representatives shall assist the Architect in determining the amount owing to the Contractor, and shall assist in issuing Certificates for Payment in such amounts. The issuance of a Certificate for Payment shall constitute a representation by the Representatives through the Architect to the Owner that the Work has progressed to the point indicated; that to the best of their knowledge, information, and belief, the quality of the Work is in accordance with the Contract Documents; and that the Contractor is entitled to payment in the amount certified. The Full Time Project Representatives shall be, in the first instance, the interpreter of the requirements of the Contract Documents and the impartial judge of the performance thereunder by both the Owner and the Contractor. The Full-Time Project Representatives shall have authority to reject Work which does not conform to the Contract Documents. They shall also have authority to require the Contractor to stop the Work whenever, in their reasonable opinion, it may be necessary for the proper performance of the Contract. The Full-Time Project Representatives shall assist the Architect in preparing Change Orders. The Full-Time Project Representatives shall assist the Architect in conducting inspections to determine the Dates of Substantial Completion and Completion of the Work. The Full-Time Project Representatives shall not be responsible for the acts or omissions of the Contractor or any Subcontractors, or any of the Contractor's or Subcontractors' agents or employees, or any other persons performing any of the Work. Full-Time Project Representation shall be defined as presence at the Work during all of the hours worked by the General Contractor, whether such hours be on a regular time basis, an overtime basis, or other special time arrangement basis. However, the Full-Time Project Representatives shall determine specific time and place of any particular observation, based on their judgment of priorities during the progress..of the Work. For Full-Time Project Representation as described above, the monthly fee of each Full-Time Project Representative shall be $1,400 per month during 1974, $1,475 per month during 1975, and $1,550 per month during 1976. Hello