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2016 CM RFP - Merged Revised March, 21 2016 - Page 1 of 12 pages REQUEST FOR PROPOSALS - REVISED FOR CONSTRUCTION MANAGER SERVICES AT RISK WITH GUARANTEED MAXIMUM PRICE Residential Housing Upgrades Project Summer 2016 1.00 – INTRODUCTION 1.01 Seeking Construction Manager The Trustees of Smith College are seeking proposals to provide construction management services with a guaranteed maximum price for the construction of the project referenced above, hereinafter called the “project”. The selected proposer will become the Construction Manager (CM). 1.02 Delivery Method The delivery method for this Project is “Construction Manager at Risk” (CMAR), which consists of a preconstruction phase and a construction phase with separate contracts for each phase. During the preconstruction phase, the CM will collaborate with the Interior Designer and college on the design, constructability, cost and schedule of the Project and develop a Guaranteed Maximum Price (GMP) proposal to construct the Project. Upon the college’s acceptance of the GMP, the college may issue a contract to the CM for the construction phase. If the college and the CM do not agree upon a GMP, the college will not award the construction phase of the Project to the CM. 2.00 - RFP CONTENTS 2.01 The following documents are a part of this RFP and contain Project specific information : • Sample AIA Document A133-2009: Standard Form of Agreement between Owner and Construction Manager • Sample AIA Document A133-2009 Exhibit A: Guaranteed Maximum Price Amendment • Room Finish Schedule - DRAFT • Schedule A – Smith College Insurance Requirements • Schedule B – Smith College Preferred Vendor List 3.00 – PROJECT DESCRIPTION 3.01 Description The Project consists of various interior finish upgrades in various buildings, in addition to, upgrading an ADA compliant residential kitchen in the Hopkins House. Please refer to the attached Finish Schedule for more detailed information. The list is subject to change based on further analysis by the Architect, the college and the selected construction management firm during the design and preconstruction phase. 3.02 Project Requirements • The Project Budgeted Direct Construction Cost is $850,000.00. • The Project construction duration is as indicated in the Project Schedule, RFP 4.01. • The CM is required to be licensed in the Commonwealth of Massachusetts. 3.03 Interior Designer (Note: Interior Designer is herein called the “architect”) : • Laurie Frazer Cobalt Design Studio 82 North Street Northampton, Ma 01060 (413) 586-3311 Smith College 2016: Request for Proposals for Construction Manager Services at Risk with Guaranteed Maximum March 07, 2016 - Page 2 of 12 pages 4.00 – PROJECT SCHEDULE 4.01 Selection Process Schedule / Proposed Project Schedule This is a Selection Process Schedule and Proposed Project Schedule. The Selection Process Schedule may be changed by addendum to this RFP. SELECTION PROCESS SCHEDULE AND PROPOSED PROJECT SCHEDULE Schedule Activities Dates RFP distributed to pre-selected Proposers March 07, 2016 Site Conference and RFP review March 14, 2016: 09:00 AM Last day to submit questions March 18, 2016: 12:00 PM RFP addendum issued by March 21, 2016 Fee Proposals due March 25, 2016 Award preconstruction services agreement March 28, 2016 Preconstruction services agreement fully executed April 04, 2016 Notice to Proceed with preconstruction phase April 04, 2016 Preconstruction phase duration April 04, 3016 - May 30, 2016 GMP Finalized May 13, 2016 Construction Agreement executed May 20, 2016 Construction Start May 30, 2016 Construction phase duration Building Specific, Refer to Finish Schedule Construction Complete August 12, 2016 4.02 Project Schedule Proposers shall use the above schedule as a basis for preconstruction and site management staffing and fees submitted with their proposal. 5.00 – SCOPE OF CONSTRUCTION MANAGER’S SERVICES 5.01 Contract Scope of Work The complete and specific scopes of work to be performed by the selected Proposer (CM) are defined in separate contracts for each phase of the Project; the preconstruction phase and the construction phase. This RFP summarizes and supplements services specified in the Contract Documents. Documents are cumulative, and CM is required to provide services specified in the RFP, their proposal and executed contracts. Smith College 2016: Request for Proposals for Construction Manager Services at Risk with Guaranteed Maximum March 07, 2016 - Page 3 of 12 pages 5.02 No Guarantee for Construction Contract Award There is no guarantee that the college will award the construction phase contract. The CM will not be entitled to recover any unreimbursed costs, anticipated profit, or monetary awards for proposal preparation. 5.03 Collaboration The CM shall work in collaboration and cooperation with the college and the Architect towards realizing a high quality Project. 6.00 – PRECONSTRUCTION PHASE 6.01 Preconstruction Phase Services During the preconstruction phase the CM shall work closely with the college and the Project Architect (Architect) to bring best value to the Project, as defined by the college. The selected Proposer will be required to sign an agreement with the college to perform preconstruction services, and the amount of the agreement will be the portion of the fee proposed for preconstruction services. A sample preconstruction services agreement is included in Appendix 1. The selected Proposer will sign and return the agreement, along with the required submittals, to the college within fourteen (14) calendar days of written intent to accept proposal notice. No agreement shall be binding upon the college until it has been executed by the Proposer and the college. 6.02 Cost Monitoring and Reporting The college requires that the CM monitor costs incurred for the Preconstruction Phase separately from costs incurred against the GMP during the Construction Phase. At the request of the college, the CM may be required to provide a cost report supporting Preconstruction Phase costs incurred by the CM. Should the college determine that the CM did not staff the Preconstruction Phase as represented by the CM’s proposal, the college will be entitled to recover unsupported payments to the CM. 6.03 Recommend Subcontractor Procurement Methodology The CM, in consultation with the Architect, shall recommend to the college the most beneficial and appropriate method to procure the trade contractors required to construct the Project. Recommendations for trade contractor participation may include design-assist, design-build, competitive bids on complete construction documents, or a combination of methods. Once the college approves the recommended procurement methodology, the CM, in conjunction with the Architect, shall prepare the necessary bid packages and procure the trade contractors. CM shall structure trade contractor bid proposals to allow for independent design phase participation and subsequent construction phase participation if the construction phase is awarded to the CM. The college will effectuate trade contractor participation in the design phase by execution of a change order to the CM’s preconstruction services agreement, authorizing the CM to issue design-phase-only subcontracts with trade contractors for design work. 6.04 Construction Documents The CM shall work with the Architect in reviewing and developing the Construction Documents, taking into account quality of materials and equipment, to ensure an efficient design. CM shall participate in design decisions by providing information, estimates, schemes, and recommendations regarding construction materials, methods, systems, phasing, and costs that shall provide the highest quality building within the budget and schedule. 6.05 Identify Potential Risk Factors The CM, in consultation with the Architect, shall identify Project risks, which are conditions or events that could negatively affect the Project scope, quality, schedule or cost. CM shall evaluate the risk to include severity of impact, probability of occurrence and other factors as CM deems appropriate and recommend ways to manage or mitigate each risk. Smith College 2016: Request for Proposals for Construction Manager Services at Risk with Guaranteed Maximum March 07, 2016 - Page 4 of 12 pages 6.06 Scheduling CM shall provide a Project Schedule during the Preconstruction Phase representing all tasks necessary to complete the Project within the Project durations. The CM shall include the following in the schedule: tasks by all parties, regulatory and college approvals, sufficient periods of time for document review, campus activities affecting the Project, significant milestones, consultant selection, occupancy milestone, commissioning, and an allowance for weather losses. The CM shall update the schedule as necessary to reflect the current schedule and recent Project developments. CM shall monitor all regulatory approvals required during the design and construction phase. The CM shall develop the construction portion of the Project Schedule in sufficient detail to be used in trade contractor bidding. 6.07 Constructability Review The CM shall check the documents for completeness, coordination, ambiguities, and ability to bid, and make recommendations to the Architect and college’s representative. CM shall perform constructability reviews continuously and issue constructability reports and comments at 100% Design Development, 50% and 95%Construction Documents. At the 100% Construction Documents phase and prior to bidding CM shall submit its constructability documentation to the college to demonstrate that all CM comments have been appropriately addressed and incorporated into the construction documents. 6.08 Cost Control Management As an initial task, the CM, in conjunction with the Architect, shall review the Budgeted Direct Construction Cost and determine if it is sufficient to construct the Project. The CM shall prepare a cost estimate and evaluate the estimate against the construction budget and recommend, if necessary, the appropriate action to avoid potential cost overruns. The CM, in collaboration with the Architect, shall establish target values for the cost of each Project element to be used as a basis of design and cost monitoring. The CM shall monitor the budget as compared to the Project scope through the preconstruction phase. If changes are suggested to the Project scope that may cause Project cost overruns CM shall notify the college in writing as part of the regular Project development meetings. 6.09 Construction Cost Estimates The CM shall provide one full and complete estimate on April 15, 2016. Estimates are to be in a format acceptable to the College (CSI or similar). Authorization to proceed with the next step in the design process is contingent on the acceptance of the building cost estimates as compared to the college’ Construction Budget. 6.10 Section “Reconcile Cost Estimates” deleted 6.11 Project Savings Project savings identified during design as part of the CM’s value engineering process are owned by the College. It is one of the collaborative responsibilities of the CM to look for ways of reducing Project construction costs. Proposed cost reductions shall not reduce the Project program requirements, reduce quality of materials or craftsmanship, increase life-cycle costs, negatively affect the architectural aesthetics or design intent, or adversely affect the Project completion. 6.12 Design Phase Investigation Work It shall be the responsibility of the CM in collaboration with the Architect to access the type, quantity, and quality of the available information describing existing site conditions. If the college deems it necessary to investigate conditions at the Project site or have Project incidental construction work performed during the design phase of the Project, the CM agrees to provide the required construction services by entering into a limited scope construction contract during the preconstruction phase with the college. 6.13 Testing and Inspection The CM shall not be responsible for providing the testing and inspection of the Project’s construction. These responsibilities shall be performed and paid for by the college. The CM shall coordinate and cooperate with the college’s inspection and testing agencies. Smith College 2016: Request for Proposals for Construction Manager Services at Risk with Guaranteed Maximum March 07, 2016 - Page 5 of 12 pages 6.14 Develop Trade Contractor Bid Packages The Architect shall coordinate with the CM to produce the Bid Packages. The Bid Packages shall incorporate the CM’s subcontract agreement requirements, any Project specific requirements such as site access and contractor parking, and the relevant sections of the college’s bidding requirements. The CM shall develop the most logical, competitive, seamless and distinct trade contractor bid packages with all scopes of work included in the packages. Include bid alternatives, as appropriate, (deductive or additive) in each trade contractor bid package to enable full utilization of the Project budget. 6.15 Prequalify Trade Contractors The CM shall consider trade contractors listed on Appendix 1, “Preferred Vendor List” as approved firms by the college. The CM may wish to prequalify additional firms. Any firms not listed in Appendix 1 will require approval by the college before the CM awards a trade contract. 6.16 Minimum Bidding Pools The CM shall obtain a minimum of three qualified trade contractor bids for each trade bid package. If after qualifying a minimum of three trade contractors, less than three bids are received, the college may agree to the bids. The CM shall solicit bids from CM prequalified trade contractors in a manner most appropriate to obtain competitive trade bids. The CM shall issue trade contractor bid packages to trade contractors. 6.17 Trade Contractor Contingencies The CM shall include construction contingency in its fee proposal as indicated in RFP Proposal Form. The CM shall not allow contingencies as part of trade contractors’ bids. The CM shall not cause the trade contractors to include any construction contingency or allowances in their bids. The CM shall obtain the college’s review and approval of the proposed trade contractor bid documents and trade contractor agreements before subcontractor bidding. 6.18 Reproduction Cost of Trade Bid Packages The college will reimburse the CM for the cost of up to 3 sets of construction documents, in addition to, 3 sets of addendum construction documents for each issued addendum. 6.19 Bid Phase Services Once the college has approved individual or multiple trade contractor bid packages, the CM shall bid these packages competitively. Bids may be in the form of lump sum or best value as approved by the college. 6.20 Receive bids The CM shall receive bids from trade contractors; review the bids with the College and Architect towards identifying the lowest responsible bidder for each trade, including alternatives for that trade. The CM shall review and confirm scope of work with trade contractors before subcontracts are awarded. 6.21 Guaranteed Maximum Price As defined in the Contract, the Guaranteed Maximum Price (GMP) is “the maximum price that the college and Construction Manager agree upon as payment for managing, providing and installing all the Work.” The GMP is the Not-to-Exceed Contract Amount. 6.22 Submittal of GMP The project Budgeted Direct Construction Cost is provided in the Project Description, RFP 3.02. The college may revise the project Budgeted Direct Construction Cost during the design phase. Upon bidding the Project and receiving all trade contractors’ bids, or prior to receiving all bids as approved by the college, the CM shall submit to the College a GMP for the construction of the Project. 6.23 CM Allowances For trades where the CM may not have received a bid, when the CM is self-performing work that was not competitively bid, the CM is to estimate the cost for that scope of work and put that amount into a CM Allowance to be included in the GMP. The CM Allowance shall be for a specific and discrete scope of work; and CM shall not aggregate the CM Allowances to create another Project contingency. The CM Smith College 2016: Request for Proposals for Construction Manager Services at Risk with Guaranteed Maximum March 07, 2016 - Page 6 of 12 pages bears the cost risk of completing the work covered by a CM Allowance, and shall return unused portions of the CM Allowance to the college with a credit change order. 6.24 College Allowances The college may insert a college’s Allowance into the GMP agreement, or may keep it outside of the GMP, whenever they have a scope of work that is indeterminate at the time of bidding, or when the CM is ready to issue the GMP. The college is responsible for the estimate on a college Allowance. 6.25 Allowance Process The CM shall carry both types of allowances (CM and college) as directed by the college in its Schedule of Values as part of the Construction Budget, and the CM will apply its fee for Contingency, and Overhead and Profit to them. Allowances shall only be used for their identified specific and discrete purpose. Allowance balances may not be used to make up deficits on other line items. The college shall authorize use of Allowances with a Field Instruction. The charges against either allowance shall consist of either time-and-material or College-approved lump sum direct costs from trade contractors. These direct cost items shall have trade contractor mark-up in accordance with contract documents; however, CM will not be awarded additional fees on allowances. Upon completion of an allowance item, and if the allowance has not been fully expended, the College shall process a credit change order for the unused balance of the allowance plus the CM’s fee. If a college Allowance is exceeded, the college shall process a change order to compensate the CM for the overrun. 6.26 CM’s Contingency The CM shall be allowed a Project contingency as stated on the proposal response form. The use of the CM’s contingency shall require approval by the college, but no reasonable use shall be disallowed. The trade contractors shall be paid in accordance with the contract documents for additional work paid for from the CM’s contingency. CM will not receive overhead and profit in accordance with contract documents for work paid for from the CM’s contingency. The CM shall itemize the use of the contingency and account for the contingency balance on a separate accounting accompanying the monthly payment request. CM shall return the unused portion of the contingency to the college. The following are examples of eligible and ineligible uses of contingency and owner paid change orders. 6.27 Eligible uses of Contingency: • Re-work due to ambiguities or conflict in construction documents. • Work shown or inferred on construction documents but missing from bid packages. • Work shown or inferred in the construction documents, but not described to the extent that it is sufficient to obtain competitive bids. • Expenditures suggested by CM and agreed to by college for the benefit of the Project. 6.28 Ineligible uses of Contingency: • Weather protection of work or materials for the benefit of subcontractors. • Any item listed as Overhead & Profit or Construction Phase Services. 6.29 College’s responsibility for Change Order: • Cost of correcting design errors, i.e. work elements shown and/or designed incorrectly. • Cost of work not shown or inferred in the construction documents. • College-requested changes or additional work. 6.30 Project Design The CM shall not be responsible for the technical design of the Project, or correcting design errors, i.e. elements shown and/or designed incorrectly. The Architect shall be responsible for the technical interpretation of design issues. These responsibilities shall be performed by the Architect under a separate agreement with the college. The CM shall coordinate and cooperate with the Architect to assure that the drawings are coordinated and constructible. Smith College 2016: Request for Proposals for Construction Manager Services at Risk with Guaranteed Maximum March 07, 2016 - Page 7 of 12 pages 6.31 Failure to Agree on GMP If the college and CM cannot agree on a GMP, then the college may terminate the preconstruction agreement and proceed with the construction phase through other means. 7.00 – CONSTRUCTION PHASE 7.01 Construction Phase Services Once the college and the CM have agreed upon a GMP, the college will award a construction agreement to the CM. The CM shall sign the agreement and return it, along with the required certificates of insurance to the college within seven (7) calendar days of written intent to accept GMP. If the college and the CM do not agree upon a GMP, the college will not award the construction phase agreement to the CM. In that event, the college will award the construction phase through other means which could include going out to bid or may take other recourse which could include canceling the Project or a portion of it. No agreement shall be binding upon the college until it has been executed by the Proposer and the college. The CM shall furnish construction administration and management services and use its best efforts to construct the Project in an expeditious and economical manner consistent with the best interests of the college. The scope of work for the CM construction phase services is established by the construction phase contract and includes the services specified in this RFP. 7.02 Execute Trade Contracts After reaching agreement with the college on a GMP, and the construction contract between the CM and the college is fully executed, the CM shall enter into contracts for the construction phase with the successful subcontractors in each trade. 7.03 Conduct Preconstruction Conference The college and the CM shall co-conduct a preconstruction conference with the trade contractors, design personnel, and other appropriate college staff. The CM preconstruction conference services include preparation of meeting agenda, preparation of job procedures for clarifications, change orders, shop drawings, progress payments, field testing and inspection, safety, and preparation and distribution of preconstruction conference notes. 7.04 Update the Project Schedule The CM shall update the Project Schedule on a bi-monthly basis. In order to provide a comprehensive schedule, the CM shall coordinate and receive input from the college, the Architect and the trade contractors for compliance with the individual requirements of each portion of the Project and the overall Project Schedule. The CM shall review and approve the trade contractors’ proposed construction schedule for logic, reasonableness, and conformance to the requirements of the Contract Documents. The CM shall conduct daily review of the trade contractors’ progress and conformance with bi-monthly updated Construction Schedules. 7.05 Review Monthly Progress Payment Requests The CM shall review and approve trade contractors’ monthly progress payment requests, and compare the requested payments to actual work completed in accordance with the pre-approved schedule of values presented by the trade contractors at the beginning of construction. The CM shall combine trade contractors’ payment requests into the CM’s payment request, prepare a current overall schedule of values, and submit one invoice to the college for approval and payment that has been pre-approved by the Architect. 7.06 Project Savings CM is encouraged to recommend potential Project savings to the College. Recommendations for proposed savings shall be accompanied by a firm quote from the Architect for any additional services required due to the changes (as applicable). The college will evaluate any additional architectural fees as part of their decision regarding the proposed change. Cost proposals for Project savings shall be as proposed by the CM and approved by the college. Acceptance of a suggested savings will be determined at the sole discretion of the college who shall not be required to provide any reason for their decision. Smith College 2016: Request for Proposals for Construction Manager Services at Risk with Guaranteed Maximum March 07, 2016 - Page 8 of 12 pages 7.07 Liaison Responsibilities The CM shall act as liaison between trade contractors and the college’s project manager in order to maintain campus operations during construction, and coordinate the scheduling of work impacting operations (or any of the special interest groups of the college) through the project manager. 7.08 Coordination of Information Requested The CM shall coordinate and address trade contractors’ Requests for Information (RFIs) with the Architect or the college, as appropriate, tracking RFIs through the field office. Architect shall be responsible for technical interpretations and clarifications of the contract documents, and shall prepare sketches to clarify contract documents where necessary and with the approval of the college’s project manager. The CM shall be responsible for managing the clarification and interpretation process. 7.09 Coordinate Trade Contractors Throughout construction, the CM shall provide direct supervision, scheduling and problem resolution for trade contractors. 7.10 Provide Necessary Personnel The CM shall provide all necessary on-site construction management for the proper management of the construction. 7.11 As-Built Drawings The CM shall monitor that the trade contractors are maintaining as-built drawings and specifications. The CM shall compile the as-built documents and submit them at the end of the Project to the Architect for review, approval and further processing. 7.12 Close-Out Project The CM shall prepare a recommendation for final acceptance of the Project after the trade contractors have corrected deficient work and satisfied all contract conditions. Then CM shall prepare a final cost report and a final payment request. Payment of the final payment request is dependent on the college’s acceptance of the final cost report. a. Final Cost Report The CM shall include the following in the final cost report: 1. Site Management Fee – lump sum 2. CM Contingency is a not-to-exceed line item. Any contingency savings shall be returned to the College with a credit change order. 3. Allowances – Each allowance is a not-to-exceed line item. Any CM Allowance savings shall be returned to the College with a credit change order. 4. Change Orders 5. Provide a line item breakdown for each Trade Contractor Bid showing adjustments by change orders. If the total of the Trade Contractor amounts bid, as adjusted by change orders, is less than the total of the Trade Contractor amounts as built, as adjusted by change orders, the CM shall submit a credit change order to the college for the difference. b. Final Payment Request Once the college accepts the final cost report, the CM may submit its final payment request. The CM shall provide a complete set of Contract Files to the project manager. This shall include, but not be limited to, as-built drawings, operation and maintenance manuals, additional materials, and warranties. 8.00 – CM SELECTION PROCESS 8.01 Clarifications and Questions Regarding this RFP Smith College 2016: Request for Proposals for Construction Manager Services at Risk with Guaranteed Maximum March 07, 2016 - Page 9 of 12 pages All communications regarding this RFP including requests for information or clarification of the intent or content of this RFP must be received by the College’ Representative shown below in writing no later than the date set for submitting questions stated in Selection Process Schedule, section 4.01. Only the College’ Representative, as identified below is authorized to answer questions relative to this RFP. Information obtained verbally from any other source has no authority, may not be relied upon, and shall have no standing in any event that may occur. Written addenda will be distributed on or before the date fixed for issuing addenda as stated in the Selection Process Schedule. Failure of Proposer to receive any addenda shall not relieve the Proposer from any obligation therein. Proposers are advised to inquire about addenda prior to submitting a Proposal. 8.02 College’ Representative Project Manager: Name: Brandy Fagan Address: 126 West Street, Northampton, MA 01060 Telephone: 413-585-2423 E-Mail: bfagan@smith.edu 8.03 Proposal Submittals The college will accept Proposals no later than the time and date indicated in Selection Process Schedule, Section 4.01. 8.04 Delivery of Proposals Proposals may be sent electronically at or before the time and date set in the Selection Process Schedule, RFP 4.01. Two hard copies may be sent by mail and received after the due date. 8.05 Proposer’s Cost Each Proposer acknowledges and agrees that the preparation of all materials for submittal to the college and all presentations, related costs and travel expenses are at the Proposer’s sole expense, and the college is not, under any circumstances, responsible for any cost or expense incurred by the Proposer. In addition, each Proposer acknowledges and agrees that all documentation and materials submitted with their RFP shall remain the property of the college. 8.06 CM Selection Policy It is the policy of the college that the selection of the CM to provide professional construction management services for this Project is based on the quality of the CM, i.e. demonstrated competence and experience, and on the cost to provide the satisfactory performance of the services required. 8.07 Intent of Technical Proposal The college’s intent of the technical proposal is to determine the Proposer’s ability to successfully deliver the Project using the ‘Construction Manager at Risk with a Guaranteed Maximum Price’ project delivery method. It is the Colleges’ position that this project delivery method is of a highly collaborative nature and will require the successful Proposer to work closely with the Architect, Interior Designer and the college during the Preconstruction Phase and the Construction Phase to deliver a high quality Project on time and within the Construction Budget. In order for the College to evaluate the Proposer’s ability to meet the requirements of this Project, Proposers shall submit their technical proposal for evaluation. 9.00 – TECHNICAL PROPOSAL REQUIREMENTS 9.01 Required Content of Technical Proposals Technical Proposals shall provide the following required information. Technical Proposals shall provide a comprehensive, but concise summary of qualifications and capabilities to satisfy the requirements of the RFP. Smith College 2016: Request for Proposals for Construction Manager Services at Risk with Guaranteed Maximum March 07, 2016 - Page 10 of 12 pages • Staffing Plan during the preconstruction phase that includes hours for each individual assigned to the project and the total of all hours planned to be expended during the preconstruction phase • Staffing plan during the construction phase that includes hours for each individual assigned to the project and the total of all hours planned to be expended during the construction phase • Any exceptions or clarifications to the RFP must be listed on an item by item basis and cross- referenced with the RFP document. If there are no exceptions or clarifications, the Proposer must expressly state that no exceptions or clarifications are taken. 10.00 – FEE PROPOSAL REQUIRMENTS 10.01 Contents of Fee Proposal Submittal The Proposer shall provide a fee proposal as part of the CM selection process. The fee proposal package submitted shall contain the following documents: • Fee Proposal Form (Use copy included in RFP) • Table of staffing hours and costs per the staffing plan requirements of the Technical Proposal 11.00 – PROJECT AWARD AND COMMENCEMENT 11.01 Preconstruction Services Fee The preconstruction services agreement fee amount shall be the lump sum amount as proposed. It is subject to adjustment for cause as allowed herein and agreed to in advance by the College. It is not subject to adjustment due solely to inflation or bid costs over or under the Budgeted Direct Construction Cost, as amended. 11.02 Construction Agreement The construction agreement contract amount shall be the Guaranteed Maximum Price (GMP) which is the sum of the Actual Direct Construction Cost plus the CM site management fee, General Conditions fee, the CM contingency, and the CM overhead and profit (to be included in the CM site management fee). 12.00 – MISCELLANEOUS 12.01 Non-Binding This RFP shall in no way be deemed to create a binding contract or agreement of any kind between the college and the Proposers. 12.02 Irregularities The college reserves the right to reject any or all proposals, to cancel the Project, to alter the selection process in any way, to postpone the selection process for its own convenience at any time, and to waive any defects in the RFP. 12.03 Rejection of Proposal The college may reject any or all proposals and may waive any immaterial deviation in a proposal. The college’s waiver of an immaterial defect shall in no way modify the RFP documents or excuse the Proposer from full compliance with the specifications if awarded the contract. 12.04 Disposition of the Proposals Proposals become the property of the College. The information contained in all proposals shall be held confidential. All materials, ideas, and formats submitted in response to this RFP will become the property of the college upon receipt. Smith College 2016: Request for Proposals for Construction Manager Services at Risk with Guaranteed Maximum March 07, 2016 - Page 11 of 12 pages 12.05 Cancellation While it is the intent of the college to award to the successful Proposer, this solicitation does not obligate the college to enter into an agreement for preconstruction or the construction contract. The college reserves the right to cancel this RFP at any time, in the best interest of the college. No obligation, either expressed or implied, exists on the part of the college to make an award or to pay any costs incurred in the preparation or submission of a proposal in response to this RFP. Smith College 2016: Request for Proposals for Construction Manager Services at Risk with Guaranteed Maximum March 07, 2016 - Page 12 of 12 pages Appendix 1 • AIA 133 Pre-Construction Agreement • AIA 133 Exhibit A GMP Amendment • Room Finish Schedule – DRAFT • Schedule A: Insurance Requirements • Schedule B: Preferred Vendor List AIA® Document A133TM – 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 AIA Document A133™ – 2009 (formerly A121™CMc – 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 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 07:38:45 on 05/07/2013 under Order No.2901091796_1 which expires on 04/01/2014, and is not for resale. User Notes: (1434085705) 1 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 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 should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201™–2007, 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 modified. ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AGREEMENT made as of the « » day of « » in the year « » (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status and address) « »« » « » and the Construction Manager: (Name, legal status and address) « »« » « » for the following Project: (Name and address or location) «Blank Copy» « » The Architect: (Name, legal status and address) « »« » « » The Owner’s Designated Representative: (Name, address and other information) « » « » « » « » « » « » The Construction Manager’s Designated Representative: (Name, address and other information) « » « » « » « » « » « » The Architect’s Designated Representative: AIA Document A133™ – 2009 (formerly A121™CMc – 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 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 07:38:45 on 05/07/2013 under Order No.2901091796_1 which expires on 04/01/2014, and is not for resale. User Notes: (1434085705) 2 (Name, address and other information) « » « » « » « » « » « » The Owner and Construction Manager agree as follows. AIA Document A133™ – 2009 (formerly A121™CMc – 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 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 07:38:45 on 05/07/2013 under Order No.2901091796_1 which expires on 04/01/2014, and is not for resale. User Notes: (1434085705) 3 TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 CONSTRUCTION MANAGER’S RESPONSIBILITIES 3 OWNER’S RESPONSIBILITIES 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 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 and are as fully a part of the Contract as if attached to this Agreement or repeated herein. Upon the Owner’s acceptance of the Construction Manager’s Guaranteed Maximum Price proposal, the Contract Documents will also include the 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 covenants with the Owner to cooperate with the Architect and exercise the Construction Manager’s skill and judgment 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 expeditious and economical manner consistent with the Owner’s interests. The Owner agrees to furnish or approve, in 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 For the Preconstruction Phase, AIA Document A201™–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 A201–2007, which document is incorporated herein by reference. The term “Contractor” as used in A201–2007 shall mean the Construction Manager. ARTICLE 2 CONSTRUCTION MANAGER’S RESPONSIBILITIES The Construction Manager’s Preconstruction Phase responsibilities are set forth in Sections 2.1 and 2.2. The Construction Manager’s Construction Phase responsibilities are set forth in Section 2.3. The Owner and AIA Document A133™ – 2009 (formerly A121™CMc – 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 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 07:38:45 on 05/07/2013 under Order No.2901091796_1 which expires on 04/01/2014, and is not for resale. User Notes: (1434085705) 4 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 the Owner’s program, schedule and 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 prepare and periodically update a Project schedule for the Architect’s review and the Owner’s acceptance. The Construction Manager shall obtain the Architect’s approval for the portion of the Project schedule relating to the performance of the Architect’s services. The Project schedule shall coordinate and integrate the Construction Manager’s services, the Architect’s services, other Owner consultants’ services, and the Owner’s responsibilities and identify items that could affect the Project’s timely completion. 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 estimating techniques for the Architect’s review and Owner’s approval. If the Architect 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 shall be provided for the Architect’s review and the Owner’s approval. The Construction Manager shall inform the Owner and Architect when estimates of the Cost of the Work exceed the latest approved Project budget and make recommendations for corrective action. § 2.1.6 Subcontractors and Suppliers The Construction Manager shall develop bidders’ interest in the Project. § 2.1.7 The Construction Manager shall prepare, for the Architect’s review and the Owner’s acceptance, a 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 AIA Document A133™ – 2009 (formerly A121™CMc – 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 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 07:38:45 on 05/07/2013 under Order No.2901091796_1 which expires on 04/01/2014, and is not for resale. User Notes: (1434085705) 5 establishment of the 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 Architect, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner’s review and acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager’s estimate of the Cost of the Work, including contingencies described in Section 2.2.4, and the Construction Manager’s Fee. § 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 Manager’s Fee; .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 In preparing the Construction Manager’s Guaranteed Maximum Price proposal, the Construction Manager shall include its contingency for the Construction Manager’s exclusive use to cover those costs considered 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 AIA Document A133™ – 2009 (formerly A121™CMc – 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 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 07:38:45 on 05/07/2013 under Order No.2901091796_1 which expires on 04/01/2014, and is not for resale. User Notes: (1434085705) 6 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 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 A201–2007, the date of commencement of the Work shall mean the date of commencement of the Construction Phase. § 2.3.1.2 The Construction Phase shall commence upon the Owner’s acceptance of the Construction Manager’s Guaranteed Maximum Price proposal or the Owner’s issuance of a Notice to Proceed, whichever occurs earlier. § 2.3.2 Administration § 2.3.2.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager’s own personnel shall be performed under subcontracts or by other appropriate agreements with the Construction Manager. The 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 a 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 If the Construction Manager recommends a specific bidder that may be considered a “related party” 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. AIA Document A133™ – 2009 (formerly A121™CMc – 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 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 07:38:45 on 05/07/2013 under Order No.2901091796_1 which expires on 04/01/2014, and is not for resale. User Notes: (1434085705) 7 § 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 A201–2007. § 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 A201–2007 shall apply to both the Preconstruction and Construction Phases. § 2.5 Hazardous Materials Section 10.3 of A201–2007 shall apply to both the Preconstruction and Construction Phases. ARTICLE 3 OWNER’S 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 on the Project, including a written program which shall set forth the Owner’s objectives, constraints, and criteria, 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 Owner’s obligations under the Contract. Thereafter, the Construction Manager may only request such evidence if (1) 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 regarding the Owner’s ability to make payment when due. The Owner shall furnish such evidence as a condition 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 The Owner shall establish and periodically update the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1.1, (2) the Owner’s other costs, and (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the Project’s scope and quality. § 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 information or services under the Owner’s control and relevant to the Construction Manager’s performance of the Work with reasonable promptness after receiving the Construction Manager’s written request 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. AIA Document A133™ – 2009 (formerly A121™CMc – 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 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 07:38:45 on 05/07/2013 under Order No.2901091796_1 which expires on 04/01/2014, and is not for resale. User Notes: (1434085705) 8 § 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. § 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 under the Owner’s control and relevant to the Construction Manager’s performance of the Work with reasonable promptness after receiving the Construction Manager’s written request for such information or services. § 3.2 Owner’s Designated Representative The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project. The Owner’s representative shall render decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager. Except as otherwise provided in Section 4.2.1 of A201–2007, the Architect does not have such authority. The term “Owner” means the Owner or the Owner’s authorized representative. § 3.2.1 Legal Requirements. The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests. § 3.3 Architect The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document B103™–2007, Standard Form of Agreement Between Owner and Architect, including any additional services requested by the Construction Manager that are necessary for the Preconstruction and Construction Phase services under this Agreement. 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 For the Construction Manager’s Preconstruction Phase services, the Owner shall compensate the Construction Manager as follows: § 4.1.2 For the Construction Manager’s Preconstruction Phase services described in Sections 2.1 and 2.2: (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 « » ( « » ) months of the date of this Agreement, through no fault of the Construction Manager, the Construction Manager’s compensation for Preconstruction Phase services shall be equitably adjusted. § 4.1.4 Compensation based on Direct Personnel Expense includes the direct salaries of the Construction Manager’s personnel providing Preconstruction Phase services on the Project and the Construction Manager’s costs for the 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. AIA Document A133™ – 2009 (formerly A121™CMc – 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 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 07:38:45 on 05/07/2013 under Order No.2901091796_1 which expires on 04/01/2014, and is not for resale. User Notes: (1434085705) 9 § 4.2 Payments § 4.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. § 4.2.2 Payments are due and payable upon presentation of the Construction Manager’s invoice. Amounts unpaid « » ( « » ) 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 For the Construction Manager’s performance of the Work as described in Section 2.3, the Owner shall pay the Construction Manager the Contract Sum in current funds. The Contract Sum is the Cost of the Work as defined in Section 6.1.1 plus the Construction Manager’s Fee. § 5.1.1 The Construction Manager’s Fee: (State a lump sum, percentage of Cost of the Work or other provision for determining the Construction Manager’s Fee.) « » § 5.1.2 The method of adjustment of the Construction Manager’s Fee for changes in the Work: « » § 5.1.3 Limitations, if any, on a Subcontractor’s overhead and profit for increases in the cost of its portion of the Work: « » § 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 A201–2007, General AIA Document A133™ – 2009 (formerly A121™CMc – 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 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 07:38:45 on 05/07/2013 under Order No.2901091796_1 which expires on 04/01/2014, and is not for resale. User Notes: (1434085705) 10 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 A201–2007, General Conditions of the Contract for Construction. § 5.3.3 In calculating adjustments to subcontracts (except those awarded with the Owner’s prior consent on the basis of cost plus a fee), the terms “cost” and “fee” as used in Section 7.3.3.3 of AIA Document A201–2007 and the term “costs” as used in Section 7.3.7 of AIA Document A201–2007 shall have the meanings assigned to them in AIA Document A201–2007 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’s prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. § 5.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terms “cost” and “costs” as used in the above-referenced provisions of AIA Document A201–2007 shall mean the Cost of the Work as defined in Sections 6.1 to 6.7 of this Agreement and the term “fee” shall mean the Construction Manager’s Fee as defined in Section 5.1 of this Agreement. § 5.3.5 If no specific provision is made in Section 5.1.2 for adjustment of the Construction Manager’s Fee in the case of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of Section 5.1.2 will cause substantial inequity to the Owner or Construction Manager, the Construction Manager’s Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work, 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 Where any cost is subject to the Owner’s prior approval, the Construction 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 the Work at the site or, with the Owner’s prior approval, at off-site workshops. § 6.2.2 Wages or salaries of the Construction Manager’s supervisory and administrative personnel when stationed at the site with the Owner’s prior approval. (If it is intended that the wages or salaries of certain personnel stationed at the Construction Manager’s principal or 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 Wages and salaries of the Construction Manager’s supervisory or administrative personnel engaged at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. § 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 to any Subcontractor or vendor, with the Owner’s prior approval. AIA Document A133™ – 2009 (formerly A121™CMc – 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 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 07:38:45 on 05/07/2013 under Order No.2901091796_1 which expires on 04/01/2014, and is not for resale. User Notes: (1434085705) 11 § 6.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts. § 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 reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner’s property at the completion of the Work or, at the Owner’s option, shall be sold by the Construction Manager. Any amounts realized from such 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 equipment shall be subject to the Owner’s prior approval. § 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 That portion of the reasonable expenses of the Construction Manager’s supervisory or administrative 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 Owner’s prior approval. § 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 Documents, with the Owner’s prior approval. § 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 A201–2007 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 AIA Document A133™ – 2009 (formerly A121™CMc – 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 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 07:38:45 on 05/07/2013 under Order No.2901091796_1 which expires on 04/01/2014, and is not for resale. User Notes: (1434085705) 12 the Contract Documents; and payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims and payments of settlements made with the Owner’s consent. However, such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Construction Manager’s 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 A201–2007 or other provisions of the Contract Documents, then they shall not be included in the Cost of the Work. § 6.6.6 Costs for electronic equipment and software, directly related to the Work with the Owner’s prior approval. § 6.6.7 Deposits lost for causes other than the Construction Manager’s negligence or failure to fulfill a specific responsibility in the Contract Documents. § 6.6.8 Legal, mediation and arbitration costs, including attorneys’ fees, other than those arising from disputes between the Owner and Construction Manager, reasonably incurred by the Construction Manager after the execution of this Agreement in the performance of the Work and with the Owner’s prior approval, which shall not be unreasonably withheld. § 6.6.9 Subject to the Owner’s prior approval, expenses incurred in accordance with the Construction Manager’s standard written personnel policy for relocation and temporary living allowances of the Construction Manager’s 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 A201–2007. § 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 A201–2007 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 compensation of the Construction Manager’s personnel stationed at the Construction Manager’s principal office or offices other than the site office, except as specifically provided in Section 6.2, or as may be provided in Article 11; .2 Expenses of the Construction Manager’s principal office and offices other than the site office; .3 Overhead and general expenses, except as may be expressly included in Sections 6.1 to 6.7; .4 The Construction Manager’s capital expenses, including interest on the Construction Manager’s capital 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. AIA Document A133™ – 2009 (formerly A121™CMc – 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 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 07:38:45 on 05/07/2013 under Order No.2901091796_1 which expires on 04/01/2014, and is not for resale. User Notes: (1434085705) 13 § 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. § 6.10 Related Party Transactions § 6.10.1 For purposes of Section 6.10, the term “related party” shall mean a parent, subsidiary, affiliate or other entity 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 “related party” includes any member of the immediate family 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 and control systems shall be satisfactory to the Owner. The Owner and the Owner’s auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Construction Manager’s records and accounts, including complete documentation supporting accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor’s proposals, 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.) AIA Document A133™ – 2009 (formerly A121™CMc – 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 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 07:38:45 on 05/07/2013 under Order No.2901091796_1 which expires on 04/01/2014, and is not for resale. User Notes: (1434085705) 14 § 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 payments attributable to the Construction Manager’s Fee, plus payrolls for the period covered 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 Guaranteed Maximum Price among the various portions of the Work, except that the Construction Manager’s Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Construction Manager’s Applications for Payment. § 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 A201–2007; .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 Add the Construction Manager’s Fee, less retainage of « » percent ( « » %). The Construction Manager’s Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1 or, if the Construction Manager’s Fee is stated as a fixed sum in that Section, shall be an amount that 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 discovered by the Owner’s auditors in such documentation; and .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 A201–2007. § 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 Except with the Owner’s prior approval, the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 7.1.10 In taking action on the Construction Manager’s Applications for Payment, the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager and shall not be deemed to represent that the Architect has made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Section 7.1.4 or other supporting data; that the Architect has made AIA Document A133™ – 2009 (formerly A121™CMc – 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 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 07:38:45 on 05/07/2013 under Order No.2901091796_1 which expires on 04/01/2014, and is not for resale. User Notes: (1434085705) 15 exhaustive or continuous on-site inspections; or that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner’s auditors 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 performed the Contract except for the Construction Manager’s responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201–2007, 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. The Owner’s final payment to the Construction Manager shall be made no later than 30 days after the issuance of the Architect’s final Certificate for Payment, or as follows: « » § 7.2.2 The Owner’s auditors will review and report in writing on the Construction Manager’s final accounting within 30 days after delivery of the final accounting to the Architect by the Construction Manager. Based upon such Cost of the Work as the Owner’s auditors report to be substantiated by the Construction Manager’s final accounting, and provided the other conditions of Section 7.2.1 have been met, the Architect will, within seven days after receipt of the written report of the Owner’s auditors, either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager, or notify the Construction Manager and Owner in writing of the Architect’s reasons for withholding a certificate as provided in Section 9.5.1 of the AIA Document A201–2007. The time periods stated in this Section supersede those stated in Section 9.4.1 of the AIA Document A201–2007. The Architect is not responsible for verifying the accuracy of the Construction Manager’s final accounting. § 7.2.3 If the Owner’s auditors report the Cost of the Work as substantiated by the Construction Manager’s final accounting to be less than claimed by the Construction Manager, the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Section 15.2 of A201– 2007. A request for mediation shall be made by the Construction Manager within 30 days after the Construction Manager’s receipt of a copy of the Architect’s final Certificate for Payment. Failure to request mediation within this 30-day period shall result in the substantiated amount reported by the Owner’s auditors becoming binding on the Construction Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Construction Manager the amount certified in the Architect’s final Certificate for Payment. § 7.2.4 If, subsequent to final payment and at the Owner’s request, the Construction Manager incurs costs described in Section 6.1.1 and not excluded by Section 6.8 to correct defective or nonconforming Work, the Owner shall reimburse the Construction Manager such costs and the Construction Manager’s Fee applicable thereto on the same basis as if 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 A201–2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A201–2007.) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) AIA Document A133™ – 2009 (formerly A121™CMc – 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 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 07:38:45 on 05/07/2013 under Order No.2901091796_1 which expires on 04/01/2014, and is not for resale. User Notes: (1434085705) 16 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 A201–2007. However, for Claims arising from or relating to the Construction Manager’s Preconstruction Phase services, no decision by the Initial Decision Maker shall be required as 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 A201– 2007, 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 A201–2007 [ « » ] Litigation in a court of competent jurisdiction [ « » ] Other: (Specify) « » § 9.3 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Section 15.2 of AIA Document A201–2007 for Claims arising from or relating to the Construction Manager’s Construction Phase services, unless the parties appoint 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 seven days’ written notice to the Construction Manager for the Owner’s convenience and without cause, and the Construction Manager may terminate this Agreement, upon not less than seven days’ written notice to the Owner, for the reasons set forth in Section 14.1.1 of A201–2007. § 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 event shall the Construction Manager’s compensation under this Section exceed the compensation set forth in Section 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 Add the Construction Manager’s Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 5.1 or, if the Construction Manager’s Fee is stated as a fixed sum in that Section, an amount 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. AIA Document A133™ – 2009 (formerly A121™CMc – 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 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 07:38:45 on 05/07/2013 under Order No.2901091796_1 which expires on 04/01/2014, and is not for resale. User Notes: (1434085705) 17 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. § 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 A201–2007. § 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 A201–2007 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 A201–2007 shall not exceed the amount the Construction Manager would otherwise have received under Sections 10.1.2 and 10.1.3 above, except that the Construction Manager’s Fee shall be calculated as if the Work had been fully completed by the Construction Manager, 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 A201–2007. In such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A201–2007, except that the term “profit” shall be understood to mean the Construction Manager’s Fee as described in 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 A201–2007. § 11.2 Ownership and Use of Documents Section 1.5 of A201–2007 shall apply to both the Preconstruction and Construction Phases. § 11.3 Governing Law Section 13.1 of A201–2007 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 financing for the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement. Except as provided in Section 13.2.2 of A201–2007, neither party to the Contract shall assign the Contract as a AIA Document A133™ – 2009 (formerly A121™CMc – 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 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 07:38:45 on 05/07/2013 under Order No.2901091796_1 which expires on 04/01/2014, and is not for resale. User Notes: (1434085705) 18 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 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 .2 AIA Document A201–2007, General Conditions of the Contract for Construction .3 AIA Document E201™–2007, Digital Data Protocol Exhibit, if completed, or the following: « » .4 AIA Document E202™–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) Residential Summer Projects: 2016 REQUEST FOR PROPOSAL FINISH SCHEDULE Residential Summer Projects: 2016 REQUEST FOR PROPOSAL EMERSON FLOOR 2 Residential Summer Projects: 2016 REQUEST FOR PROPOSAL EMERSON FLOOR 3 Residential Summer Projects: 2016 REQUEST FOR PROPOSAL EMERSON FLOOR 4 Residential Summer Projects: 2016 REQUEST FOR PROPOSAL EMERSON 200T1, 200T1A, 200T2, 200T2A:BATH 300T1, 300T1A, 300T2, 300T2A: BATH 400T1K: BATH R&D existing toilet partitions; install new floor mounted/overhead braced non-porous partitions R&D existing toilet paper roll holder; install new toilet paper roll holder R&D existing toilets; replace with new floor mounted Comfort Height toilets R&D existing wall hung mirrors; install new mirrors R&D existing wall cubbies; install new solid surface shelving R&D existing multi sink counter; install new solid surface multi sink counter/backsplash R&D existing sinks; install new sinks R&D existing wet area ceiling tile and grid; install non-porous ceiling material R&D existing light fixtures/lamps; install new lighting fixtures/lamps R&D existing utility sink; install new utility sink R&D existing housekeeping shelf; install new housekeeping storage R&D existing window treatments; install new window treatment/ window application R&D existing spigot fixtures; install new spigot fixtures Reuse soap dispensers Existing showers and tub to remain WALLS FLOOR R&D existing flooring; install new 1x1 ceramic tile CEILING R&D existing dry area ceiling tile and grid; install new acoustical ceiling tile and grid TRIM Paint DOORS N/A NOTES Paint CAPITAL PROJECTS | SMITH COLLEGE | 126 WEST STREET, NORTHAMPTON MA 01063 BRANDY FAGAN | BFAGAN@SMITH.EDU | (O) 413.585.2423 | (C) 413.478.0203 Install non-porous material on vertical surfaces behind toilets Residential Summer Projects: 2016 REQUEST FOR PROPOSAL HOPKINS Residential Summer Projects: 2016 REQUEST FOR PROPOSAL HOPKINS 100K: KITCHEN R&D existing range; install new ADA electric cooktop R&D existing ventilation hood, install new ventilation hood R&D existing wall oven; install new ADA electric wall oven R&D existing toaster oven; place new toaster oven R&D existing (2) microwaves; place (1) new commercial grade microwave R&D existing faucet; install new pre-rinse style fixture R&D existing radius corner upper wall shelving; install new solid surface shelving R&D existing window treatments; install new window treatments R&D existing flooring; install new marmoleum flooring R&D existing lower cabinets; install new stainless steel lower cabinets R&D existing radius beadboard open cabinets; install new storage/trash cabinets R&D existing U-shape stainless steel countertop with integrated sink R&D existing pot rack; install new wall mounted cage pot rack Remove existing countertop with integrated induction plates and sink; return to customer Remove existing garbage disposal; return to customer Install retractable breadboard adjacent to wall oven Install new custom ADA stainless steel countertops Install pot filler adjacent to cooktop Reuse existing upper cabinets; remove all upper cabinet doors Reuse radius edge stainless steel coutertop Reconfigure pantry/cubby corner Install re-writable cabinet labels Lower existing upper cabinets WALLS FLOOR R&D existing flooring; install new marmoleum CEILING Paint TRIM Paint DOORS N/A NOTES Paint CAPITAL PROJECTS | SMITH COLLEGE | 126 WEST STREET, NORTHAMPTON MA 01063 BRANDY FAGAN | BFAGAN@SMITH.EDU | (O) 413.585.2423 | (C) 413.478.0203 Residential Summer Projects: 2016 REQUEST FOR PROPOSAL HOPKINS CAPITAL PROJECTS | SMITH COLLEGE | 126 WEST STREET, NORTHAMPTON MA 01063 BRANDY FAGAN | BFAGAN@SMITH.EDU | (O) 413.585.2423 | (C) 413.478.0203 100D1: DINING R&D existing fluorescent lamps; install new retrofit LED lamps/cans R&D existing cabinet door/drawer pulls; install new door/drawer pulls R&D existing glass cabinet doors; install open shelving Remove and store existing dining table; install new (largest allowable) granite dining table Install writable/magnetic whiteboard wall panels to right side of entry doors to “fish bowl” Install clear caps on existing bowl style light fixtures to prevent debris build up Install (2) counter height duplex receptacles in food serving area Install re-writable cabinet labels Relocate safety flood light over entry way to Fish Bowl Reuse existing cabinets Install new dining chairs to match existing WALLS FLOOR R&D existing flooring; install new marmoleum CEILING Paint TRIM Paint DOORS R&D existing door to “fish bowl”; install pocket doors NOTES Paint 100C1: HALL Install hardware to hang (1) 3-step ladder WALLS FLOOR R&D existing flooring; install new marmoleum CEILING Paint TRIM Paint DOORS N/A NOTES Paint CAPITAL PROJECTS | SMITH COLLEGE | 126 WEST STREET, NORTHAMPTON MA 01063 BRANDY FAGAN | BFAGAN@SMITH.EDU | (O) 413.585.2423 | (C) 413.478.0203 Residential Summer Projects: 2016 REQUEST FOR PROPOSAL HOPKINS 100D2: FISH BOWL R&D existing window treatments; install new window treatments R&D existing tables and chairs; place new tables and chairs R&D existing entry doors; install new pocket doors Install (2) counter height duplex receptacles Install (1) large forbo bulletin board/tackable surface Install supplementary overhead lighting Install new upholstered cushions on fixed benches Install clear caps on existing bowl style light fixtures to prevent debris build up WALLS FLOOR R&D existing flooring; install new marmoleum CEILING Paint TRIM Paint DOORS R&D existing door to “fish bowl”; install pocket doors NOTES Paint 100L: LAUNDRY Remove and demo existing cabinetry; install new cabinetry and closet style clothing rod Transom window remains WALLS FLOOR R&D existing flooring; install new marmoleum CEILING Paint TRIM Paint DOORS N/A NOTES Paint CAPITAL PROJECTS | SMITH COLLEGE | 126 WEST STREET, NORTHAMPTON MA 01063 BRANDY FAGAN | BFAGAN@SMITH.EDU | (O) 413.585.2423 | (C) 413.478.0203 Residential Summer Projects: 2016 REQUEST FOR PROPOSAL HOPKINS 100P: LIVING R&D existing window treatments; install new window treatments R&D existing furniture; install new furniture Remove existing piano; install new upright piano Reinstall existing TV over fireplace Install supplementary overhead lighting Install (3) hanging pieces of artwork Install clear caps on existing bowl style light fixtures to prevent debris build up WALLS FLOOR R&D existing carpet; install new carpet CEILING R&D existing plaster; install drywall and paint TRIM Paint DOORS Paint NOTES R&D existing plaster; install drywall and paint Existing alcove plaster to remain; patch and paint 100V: CLOSET Install shelving to accommodate bulk food storage containers WALLS FLOOR ETR CEILING ETR TRIM Paint DOORS N/A NOTES Paint CAPITAL PROJECTS | SMITH COLLEGE | 126 WEST STREET, NORTHAMPTON MA 01063 BRANDY FAGAN | BFAGAN@SMITH.EDU | (O) 413.585.2423 | (C) 413.478.0203 Residential Summer Projects: 2016 REQUEST FOR PROPOSAL HOPKINS 100E: ENTRY N/A WALLS FLOOR R&D existing carpet; install new carpet CEILING ETR TRIM Paint DOORS Paint NOTES Patch and paint existing plaster CAPITAL PROJECTS | SMITH COLLEGE | 126 WEST STREET, NORTHAMPTON MA 01063 BRANDY FAGAN | BFAGAN@SMITH.EDU | (O) 413.585.2423 | (C) 413.478.0203 Residential Summer Projects: 2016 REQUEST FOR PROPOSAL TALBOT CAPITAL PROJECTS | SMITH COLLEGE | 126 WEST STREET, NORTHAMPTON MA 01063 BRANDY FAGAN | BFAGAN@SMITH.EDU | (O) 413.585.2423 | (C) 413.478.0203 Residential Summer Projects: 2016 REQUEST FOR PROPOSAL TALBOT 300K: FLOOR 3 - KITCHEN R&D existing shelving; install new solid surface shelving R&D existing sink; install new dish sink and integral backsplash R&D existing faucet fixtures; install new single stream faucet/sprayer fixture R&D existing microwave; install new commercial grade microwave R&D existing lamps; install new retrofit LED lamps/fixture Install food catching drain fixture Reuse paper towel dispenser Install new soap dispenser WALLS FLOOR R&D existing wall tile R&D existing; install new 1x1 ceramic tile CEILING ETR TRIM Paint DOORS N/A NOTES Paint Residential Summer Projects: 2016 REQUEST FOR PROPOSAL GARDINER CAPITAL PROJECTS | SMITH COLLEGE | 126 WEST STREET, NORTHAMPTON MA 01063 BRANDY FAGAN | BFAGAN@SMITH.EDU | (O) 413.585.2423 | (C) 413.478.0203 Residential Summer Projects: 2016 REQUEST FOR PROPOSAL GARDINER 300K: FLOOR 3 - KITCHEN R&D existing shelving; install new solid surface shelving R&D existing countertop; install new solid surface countertop R&D existing sink; install new dish sink and integral backsplash R&D existing faucet fixtures; install new single stream faucet/sprayer fixture R&D existing microwave; install new commercial grade microwave R&D existing lamps; install new retrofit LED lamps/fixtures Install additional duplex receptacle on back wall over counter Housekeeping closet remains “as is” Install food catching drain fixture Reuse paper towel dispenser Install new soap dispenser CAPITAL PROJECTS | SMITH COLLEGE | 126 WEST STREET, NORTHAMPTON MA 01063 BRANDY FAGAN | BFAGAN@SMITH.EDU | (O) 413.585.2423 | (C) 413.478.0203 WALLS FLOOR Paint (Include Exterior of Housekeeping Closet Doors) R&D existing; install new 1x1 ceramic tile CEILING ETR TRIM Paint DOORS N/A NOTES Residential Summer Projects: 2016 REQUEST FOR PROPOSAL PARK ANNEX CAPITAL PROJECTS | SMITH COLLEGE | 126 WEST STREET, NORTHAMPTON MA 01063 BRANDY FAGAN | BFAGAN@SMITH.EDU | (O) 413.585.2423 | (C) 413.478.0203 Residential Summer Projects: 2016 REQUEST FOR PROPOSAL PARK ANNEX R&D existing window treatments; install new window treatments Install built in shelving in newly created wall to right of fireplace Install new overhead lighting Install wall hung artwork Install new furniture CAPITAL PROJECTS | SMITH COLLEGE | 126 WEST STREET, NORTHAMPTON MA 01063 BRANDY FAGAN | BFAGAN@SMITH.EDU | (O) 413.585.2423 | (C) 413.478.0203 100P: LIVING WALLS FLOOR Patch Plaster Cracks R&D existing; install new carpet CEILING Paint TRIM Paint DOORS N/A NOTES Paint Frame in (1) Existing Doorway Remove and demo existing window treatments; install new window treatments Install new overhead lighting Install wall hung artwork Install new furniture 100P: LIVING WALLS FLOOR Patch Plaster Cracks R&D existing; install new carpet CEILING Paint TRIM Paint DOORS N/A NOTES Paint Residential Summer Projects: 2016 REQUEST FOR PROPOSAL PARK ANNEX Install new overhead lighting Install built-in upholstered bench CAPITAL PROJECTS | SMITH COLLEGE | 126 WEST STREET, NORTHAMPTON MA 01063 BRANDY FAGAN | BFAGAN@SMITH.EDU | (O) 413.585.2423 | (C) 413.478.0203 TEL: TELEPHONE BOOTH/ALCOVE WALLS FLOOR Paint R&D existing; install new carpet CEILING Paint TRIM Paint DOORS N/A NOTES R&D existing coat hooks 100ST: STAIRWELL WALLS FLOOR Remove existing wall paper R&D existing; install new carpet CEILING Paint TRIM Paint DOORS N/A NOTES Paint N/A PORCH Refinish porch Brandy Fagan, 126 West Street, Smith College, Northampton, MA 01063 bfagan@smith.edu Tel (413) 585-2423 Cell (413) 478-0203 SCHEDULE A: INSURANCE REQUIREMENTS Smith College requires all contractors, vendors, and suppliers to carry appropriate insurance, to indemnify, defend and hold harmless Smith College for any loss resulting from bodily injury or property damage which may arise from their operations, employees, or agents, and to add Smith College as an additional insured to their General Liability, Employer’s Liability and Excess policies, as their interests may appear. Accordingly, prior to the acceptance of any bid or commencing to start work at Smith College, an individual or company is required to carry at his/her/its expense the following minimum insurance and file certificates of insurance evidencing said coverage with the College. The College may, at its discretion, require certified copies of any policies prior to the acceptance of any bid or permitting the commencement of work for the College. GENERAL LIABILITY $2,000,000 General Aggregate $1,000,000 Product/Completed Operations $1,000,000 Personal & Advertising Injury $50,000 Fire Damage Legal Liability $5,000 Medical Expense Coverage is to include Broad Form Property Damage, XCU hazard (if appropriate), Contractual Liability and be Occurrence Form unless otherwise agreed. AUTO LIABILITY $1,000,000 Combined Single Limit Coverage is to include All Owned Autos or Scheduled Autos and Hired Autos and Non-Owned Autos. WORKER’S COMPENSATION $1,000,000 Each Accident $1,000,000 Disease – Each Employee $1,000,000 Disease – Policy Limit EMPLOYER’S LIABILITY 1,000,000 Disease – Policy Limit 1,000,000 Disease – Each Employee 1,000,000 Each Accident Brandy Fagan, 126 West Street, Smith College, Northampton, MA 01063 bfagan@smith.edu Tel (413) 585-2423 Cell (413) 478-0203 Worker’s Compensation and Employer’s Liability is not required of proprietorships and partnerships which have NO employees. If any employees are subcontracted, coverage will be required, even if the employees are considered “independent contractors”. A statement via letter must be provided with the certificates or policy copies stating that the firm has no employees other than the proprietor or partners. A certificate showing coverage of Health Insurance is required of all-sole proprietor or partners. EXCESS LIABILITY 1,000,000 Each Occurrence 1,000,000 Aggregate Umbrella Form required unless otherwise agreed. You may substitute a higher amount of general liability coverage in lieu of a follow form umbrella, as long as the sum meets or exceeds the amount of general liability coverage as requested. You must indicate on your certificate the full amount of insurance carried, even if it is less than the amount requested. PLEASE NOTE: The following wording must appear on every insurance certificate submitted: The Trustees of Smith College and any present or former trustee, director, officer, administrator employee, student, volunteer worker or Agent, is added as an additional insured to the General Liability, Auto, Employers, Liability and Excess Policies, as their interests may appear. This insurance shall not terminate without at least twenty- (20) day’s prior written notice to the college. Certificates should be sent to: And a copy to: Smith College Smith Project Manager* The Trustees of the Smith College The Trustees of the Smith College Att: Purchasing Office 126 West Street 126 West Street Northampton, MA 01063 Northampton, MA 01063 *Smith College contact on the active project You will be required to maintain adequate insurance coverage throughout the entire period of your contract or supplier relationship with the college. The insurance agent must provide new original certificates directly to the college whenever new policies are issued or policies are changed or updated. Failure to have or maintain coverage or to provide original certificates may be cause for cancellation or non-renewal or your contract. "ALL RISK" BUILDER'S RISK PROPERTY INSURANCE: Smith College carries an "All Risk" Builder's Risk Property Insurance policy with a $10,000 deductible. The Contractor is responsible for any deductible amount applicable to claims resulting from the Contractor's acts or omissions. Brandy Fagan, 126 West Street, Smith College, Northampton, MA 01063 bfagan@smith.edu Tel (413) 585-2423 Cell (413) 478-0203 SCHEDULE B: PREFERRED VENDOR LIST PLUMBING/HVAC 1.) M.J. Moran 2.) T.J. Conway ELECTRICAL 1.) Graham Electric 2.) Collins Electric FLOORING 1.) Mercier Carpet Service Inc. 2.) Ayotte & King PAINT 1.) New England Painting Plus, Inc. 2.) Harry VanWart Painting, Inc.