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HomeMy WebLinkAboutKoll Construction Company; 1990-03-24; 3006SedgwPck dames of CaliFco.rnia 18201 Von Karman, Ste. 860 Prvinel Ca. 82795-1005 C3MPANY r! ~~~~~~W~ INSURANCE Ct3MPAMY j 3 LETTER h I I SUB-CODE 1 1 COMPANY Fa i LETTER b,3 e ~~~~~~~~~I~~ , 3 VON ~~~~~~ AVENWE POLICY EXPIRATION 1 PRODUCTS-COMP/OPS AGGREGATE PERSONAL 8 ADVERTISING INJURY IFiW DAMAGE (ANY ONE FIR0 NON-OWNED AUTOS GARAGE LIABILITY ALL f)$ERt%T H QNS CITY OF GARLSBAD 2flSTgfJ DAY XEWEBF, XZ IS CLERK'S QFFHCE 1226 ELPI AVENUE CAFaLSBADl CA 82008 *. Fed. s. damtS!s % CO. Q4! 282QI Van Karman, Sts. 8QO Irtrinel Ca. 92715-3005 KQLL CQNSTRWCTPON COMPANY 4:343 VCN KARMAN AVENUE NEdJPQRT BEACH$ CA. $12660 ER'S8CQNTMC ALL BPERAT sards CITY OF CARLSBAfZ CLERK'S OFFICE 1220 ELM AVENUE CkRhSBAD, ea 92008 HWPG CERTWCATE IS ISIMED AS A MATTER OF INFORMATION ONLY ANI Fred. S. James & CQ. Q+ California 2415 Campus DT.~ Suite 100 Ervine' CA 92715-7688 KOLL CONSTRUCTION COMPANY 4343 VON KARMAN AVENUE NEWPORT BEACH, CA. 92660 e~20462114402 FRODUCTSlCOMPLEED OPERATIONS INDEPENDENT COtURACTORS EROAO FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY CA2U462.1 14401 NON-OWMEO AUTOS GMGE LIABILITY BE 1320730 CITY C3F CARLSBAIS 1220 ELM AVENUE CITY eLEwvs OFFICE CARLSBAIP, CA. 92008-1989 Fred. 8. Jarnets &. Co. of Ca 1 i farnia 2415 Campus Dr.t Suite 100 Isvine, CA 92715-9688 4343 VON KARMAN AVENUE NEWPORT BEACH, CA. 926,60 COMPREHENSIVE FORM CL20462114402 PREWllSESlOPERATlOMS PRWUCTS/COMPLETEO OPEMTIOMS IHOEPENDENT COMWCTORS BROAD FOW PROPERTY OMAGE PERSONAL INJURY PERSONAL INJURY CA20462114401 NON-OWNEO AUTOS GARAGE LIABILITY ALL OPERATIffNS 1200 ELM STREET' CARLSBADs CA. 92008 Fred. S. James % Co. of California 2415 Campus Dr.# Suite 100 Irvine# Ca. 92715-9688 The Koll Company 4343 Yon Karman Avenue Newpart Beach) Ca. 92660 PREMISESIOQERATIOMS PRODUCTS/COMQLETED OPERATIONS INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY ALL OWNED AUTOS (~~~{R&~~N) MQN-OWNED AUTOS GAPAGE LIABILITY UMBRELLA FORM City of Carlsbad SHOULD AN?' QF THE ABOVE DESCRIBES POLICIES BE CANCELLED BEF City Clerk's Office 1220 Elm Avenue Carlsbad, CA 92008-1989 NO RPQS-JBS U?ON %ME CERTBFBCWTE HOLDER. PHI8 CERTIFICATE DOES iu EXTERD Om ALTER THE GOVEWGIGE AFFORDED BV THE POLICES BEL5 Frc?d. S. James ;SI. Co. 0.F California 2415 Campus Dr.* Suite 100 Irviner Ca. 92715-9688 The K~ll Company 4343 Von Karman Avenue Newport Beach, Ca. 92660 PREMISESIOPEFtATIQNS EXPLOSION & COLLAPSE HAZARD PRODUCTS/COMPLETEO OPERBTIONS INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY ALL OWNED AUTOS (PRIV PASS ) ALL OWNED AUTOS (FAT$Rd&N) NON-OWNED AUTOS GAWGE LIABILITY UMBRELLA FORM EMFPLOYERS’ LlABlhlVV RE: Job 322 - Carlsbad Operations Center City of Carlsbad City Clerk’s Office 1220 Elm Avenue Carlsbad, CA 92008-1989 -HI," CERTQFZCAX 1S EIIEBED AS A PdAT8ER OF ~~S~~~A~~~~ ONLY AN NO WBGNTI UPOK -@!E CEWTEFBCWTE HOLDER. BWlS CERT'IFICATE DOES P Fred. 8. James & CQ. Qf Calif"ornia 2415 Campus Dr.$ Suite 100 fr~in~~t CA 92715-9588 The Koll Company 4343 Van Karman Avenue N@QJpQFt B@dCl)t CA 92460 PREMISESIOPEIWTIONS PRODUCTSICOMPLETED OPERATIONS INDEPENDENT CONTMCTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY ALL OWNED AUTOS (BRIV PASS) ALL OWNED AUTOS ($$$!!R&tN) MON-OWNED AUTOS &4RAGE LIABILITY ~~~~~~$' ~~~~~~$A~~~~ ad Operations Center Carlsbad, Ca. 92008-1989 TN&S CERZIFICAX E ISSUED AS A >!b%TT&R OF ~~~~~~~~~~~~~ ONLY AN Fred. S. dames Zt CQ. 0.f California 2425 Campus Dr.# Suite ZOO Irvines CA 92715-9488 4343 Van Karman Avenue Newport Beach, CA 92660 PRODUCTS/COMPLETED OPERATIONS INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY ALL OWNED AUTOS (PRIV PASS ) ALL OWNED AUTOS (&~R,.$$N) NON-OWNED AUTOS GARAGE LIABILITY Carl sbad Operations Center Carlsbad, Ca. 92008-1989 Fred. s. JafRes & co. Of CalifoT-nia The Mol3 Cc\mpamy 0 COMPREHENSIVE FORM PREMISES-OPERATIONS BODILY INJURY AND 0 CONTRACTUAL INSURANCE PROPERTY DAMAGE COMBINED BODILY INJURY PROPERTY DAMAGE COMBINED UMBRELLA FORM RE: Job 3225 Carlsbad Operations Center Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the Issuing con etwkwer-le mail 30 days written notice to the below named certificate holder, batfarhnattrmXit~Iln0)ttC ~e9eFre eMtgahen e~~tt~e+~~knd- aporrthecampary DATE ISSUED NAME AND ADDRESS OF CERTIFICATE HOLDER City of Carlsbad City Clerk’s Office 1220 Elm Ave. Carl sbad, Ca e 92008-1989 2415 CAMPUS DR., SUlTE IO P.O. BOX 19592 THE KOLL COMPANY 4490 VON KARMAN AVENUE NEWPORT BEACH, CA 92660 PRODUCTSICOMPLETED OPERATIONS SG 859-7256 lNDEPENDf NT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY ALL OWNED AUTOS (PRIV PASS ] ALL OWNED AUTOS (~&~$R&,#NN) SG 859-7256 NON-OWNED AUTOS GARAGE LIABILITY CJ 857-5830 CITY OF CARLSBAD CITY CLERK’S OFFICE 1220 ELM AVE. Fred. S. dames %. Co. af Catlifopnia COMPREHENSIVE FORM 0 PREMISES-OPERATIONS BODILY INJURY AND PROPERTY DAMAGE COMBINED BODILY INJURY AND PROPERTY DAMAGE COMBINED RE: Job 3225 Carlsbad Operations Center *sa RO ebllcgak QR e L Wl tty Q C my- k Rd. tl p-t-the -&e mpmy- NAME AND ADDRESS OF CERTIFICATE HOLDER City of Carlsbad City Clerk's Office 1200 Elm Ave. Carlsbad, Ca. 92008-1989 THE KOLL COMPAKY COMPREHENSIVE FORM EXPLOSION & COLLAPSE HAZARD PRODUCTS/CDMPLETED OPEPATIONS SG 859-7256 INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY ALL OWNED AUTOS (PRIV PASS) ALL OWNED AUTOS ($$~!Rp~~NN) SG 859-7256 NON-OWNED AUTOS GARAGE LIABILITY UMB 1693912 RE: JOB 3225 CARLSBAD OPERATIONS CENTER CARLSBAD, CA 92008-1989 The Koll Company 4490 Von Karrnan Avenue Newport Beach, CA 92660 PRODUCTSKOMPLETED BODILY INJURY AND COMBINED SG 855-2075 COMPREHENSIVE FORM SG 855-2075 BODILY INJURY AND UMBRELLA FORM UMB 008450037 JOB 3225 CARLSBAD OPERATIONS CENTER ~~Ik~~pC~~k~lJ~~~~~~~~~~~~l~l~~~~~~l~~~~~~~~~~~~~ JUNE 1, 1984 NAME AND ADDRESS OF CERTIFICATE HOLDER DATE ISSUED CITY OF CARLSBAD CITY CLERK OFFICE 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008-1989 @ e a THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document B807 Standard Form of Agreement Between Owner and Construction Manager 1980 EDITION THIS DOCUMENT HAS IMPORTAM LEGAL CONSEQUENCES; CONSULTATION WlTH AN ATTORNEY IS ENCOURAGED. This document IS intended to be used In conjunction with AIA Documents AlOlICM, 1980; 8141/CM, 1980; and AZOlICM, 1980. AGREEMENT 1 made as of the 15th day of May in the year of Nine Hundred and eighty four. BETWEEN the Owner: The Cit) of Carlsbad, a California Municipal Cor1 and the Construction Manager: L Koll Construction Company For the following Project: City of Carlsbad Public Safety and Service Cent as described in the master plan - site development report prepared H. Wendell Mounce A.Z.A. and Associates on file with the Cfty and incorporated by reference herein the Architect: Ruhnau, McGavin, Ruhnau Associates The Owner and the Construction Manager agree as set forth below. (Include detailed descrrptton of Propct location and stood Copyright 1973, 0 1980. by The American Institute of Architects, 1735 New York Avenue, N W, Washington, D c. 20006 Reproduction of the material herein or substantial quoration ot 11s proviwons without written 1,ermission of the AIA \ iOh1CS the copyright laws ot the United States and will be sublect to legal prosecution. AM DOCUMENT BOOl OWNER-COhSTRUCTION MANAGER ACREEhtE\T IUNE 1980 EDITION AlA* a1980 THE AMERICAN INSTITUTE OF ARCH11 ECTS, 1735 NEW YORK AVE N \V WASHINGTON D C 2ooo6 6801 - 19 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER hr this AgmMnt, will end 0 30 days after find 33.4 Review the sa 1, etv programs developed by ea plymt to ail Contracton is due. the Contractors as required bv their Contract hur . lAl Unies &rwiW p&&d in t)lir Agremt and and coof'dinate tk sfeh' Programs for thc PrOjCa. i~o~rat~ in thr Cocrtna Documents, the Constmc- 1.23 bGst in obtaining building permits and y tion mnager, in cooo.(rtior, with the Architect, shall pennits for Wmanent improvements, excluding pc prov* administratian d thc Contracts for Construction requid to bc obtained directly by the various CO as et forth bdw ton. Verify that the Owner has paid applicable fee assessments. Assist in obtaining approvals from authc having jurisdiction over the Project. 153 ?+<de idministrati&. managtment and r&kd 1.2.6 If requid. assist the Owner in sefecting af swim as muired to coordinate Work of the Contncton binin8 tk professional services of survcyor~, Ipccia with each Other and with tht activitie and mponsibilities SUlbnts and tnting Iabontories. CWrdiMte their K of thc Construction Manager, the Owner and the Archi- 127 Determine in general that the Work of eact teci to complete the Project in accordance with-the own- tractor is being performed in arcordance with the re &s objKtivrs for cost, time and qualitv. Provide ~ufficient mcnts of the Contract Documents. Endeavor to gua organization, personnel and management to carry Out tf~ Owner ayinst defects and deficiencies in the Wa requirements of this Agreement. * appropriate, require special inspection or testing, 01 122.1 Schedule and conduct pre-construction. construc- recommendations to the Architect regarding spcc tion and progms meetings to discuss such matters a5 pro- spection or testing, of Work not in accordance w cedum, progms, problems and scheduling. Prepare and provisions of the Contract Documents whether ~ promptly distribute minutes. such Work be then fabriuttd, installed or corn1 1.2.2.2 Consistent with the Project Construction khcd- Subicct lo mim bv Che Architm~ *& work ulc issued with the Bidding Documents, and utilizing the dotJ not conform to the quirments Of * G Contracton' Construction Schedules provided by the q- DMumnts- rate Contracton, update the Project Construction khcd- 1.2.7.1 The Construction Manager ha11 not be re' ule incorporating thc activities of Contractors on the ble for construction means, methods, techniqu Project, including activity sequences and durations, ab quences and proccdum employed by Contracton cation of labor and materials, processing of Shop Dnw- performance of thtir Contracts, and shall not be re he, Product Data ad Samples, and delivery of products ble for the failure of any Contractor to any out Y requiring long lead time procurement. Include the Own- accordance with the Contract Documents. efs occupancy rcquirehmts shming portions Of the 12.8 Consult with tht Architect and the OWMi Projta hving mmpanq prior it^. Update and reissue the Contractor rtquests interpretations of the muni Project Construction Schedule as required to &OW Current intent of thc Drawing a& Sptcjfiutiocts, ad u&r conditions and reisions required by actual experience. resolution of questions which may arise. 33.23 EndtlWt to achieve satisfactory performance 129 ~~6~ Gfiifiutes of ~nsura~c from & from each of the Contractors. Recommend COUM of tracton, ad fornard h to h mr k& 4 action to the Owner when requirements of a Contract are h Archit- not btiq fulfilled, and the nonpcrforming party will not ,2,0 Rcctivc frwn tk C,,,tnctors ind rcvicw, Drawings, Product Data, Samples and other tu1 rake satisfactory corrective action. 1.23 Rtvi~ and refine the approved estimate of Con- Coordinate hm with infomution conbid in StNCa Cat, incoprate apF)rOVtd changes a5 thcv OC- documents and transmit to h Archit- tha Cur# and hlOP Cash flow Wflsand foret35tsas needed- mended for approval. In collaboration with the AI 133.1 Provide regular monitoring of the approved esti- establish and implement procedures for expcdil mate of Construction Cost, showing actuaf costs for activi- processing and appmval of Shop Drawingr, Rodul ties in progress and estimates for uncompieted tasks. I&- Samples and other submittals. tify variances between actual and budgeted or estimated 1211 RMord t)le progms of the projtct. Submil c(psts* and a*iK d~ OMKr urd the A&itca whcncver progress reports to the Owner and the Architect if proiected costs exceed budgets or estimates. infonation on each Contractor and each Con 13.3.2 minuin cost accounting ricords on authorized work, 1s well s thc tntin Project, showing pen Work pcdorrncd under unit costs, additional Work per- of completion and the nombet and amounts of formed on the basis of awl mts of labor and materials, Or&rs. Keep a &ily log containing a record of b or othtr Work requiring ~wnting records. Contractors' Work on the site, number of workei 1333 Recmmmd necessary or dewable changes to accomplished, problems encountered, andothe the Architect ad the Owncr, mi- requests for changes, relevant data as thc Owner rruy ftguin. Make assist in negotiating Contraaors' propowis, submit recorn- available to the Owner and the Architect mcndations to the Architect and the Owner, and if they 1211.1 minuin at the Project site. on a curre are atptcd, PW~ and Ggn Change OKkrr for the mord copy of ail Contracts, Drawings, Sped Architect's signature and the Owner's authorization. Addenda, Change Orders arfd other Modifiutioni 1.23.1 orvdop and implement ptacedum for the re- order and marked to record all changes made du view ad processing of Applications by Contractors for st~ctton; Shop Drawings; Product Data; Smp progrtss and final payments. Make recommendations to mittak; purchases; materials; cquipmt; applical the Architect for certification to the Owner for payment. boolrr; maintenance and operating manuals ad 3 )#t-l¶m .no nit AMERICAN itwiruit of AUCMITECTS, 1% NEW tou AM.. N w , wrwtncrw . *Uvm DW~~R~~WC~~O~~MAIIACLRAUEEM~N~ IUNLWEDltK) _- . 0 0 tions; other related documents and revisions which arise- 1.3.3 Services for tenant or rental spaces. out of the Contracts or Work. Maintain records, in duPli- 1.3.4 Consultation on replacement of WO& damage ate, of principal building layout lines, elevations of h fire or other cause during construction, and furnis bottom of footings, floor levels and key site elevations services in conjunction with the replacement of certified by a qualified rurvWOr Or Professional drier. Work. Make all records available to the Owner and the Archi- 1.35 Services made necesrary by the default of a ( tect. At the completion of the Project, deliver all such tractor. 1.3.6 Preparing to serve or serving as a witness in records to the Architect for the Owner. 1.2.12 Arrange for delivery and storage. Protection and nstion with any arbitration procee security for Owner-purchad materials, Vstems and or legal proceeding. items are incorporated into the Project. 1.2.13 With the Architect and the Owner's maintenance personnel, observe the Contracton' checkout of'utilities, operational systems and equipment for readiness and as- sist in their initiat start-up and testing. 1.2.14 When the Construction Manager considers each 1*4 nME Contractor's Work or a designated portion thereof sub- stantially complete, the Construction Manager shall pre- pare for the Architect a list of incomplete or unsatisfactory items and a schedule for their completion. The Construc- tion Manager shall assist the Architect in conducting in- spections. After the Architect certifies the Date of Substan- tial Completion of the Work, the Construction Manager shall coordinate the correction and completion of the Work. 2.1 The Owner shall provide information rey the requirements of the Project, including a pro! 1.2.15- Assist the Architect in determining when the Proj- which shall set forth the Owner's objectives, consti ect or a designated portion thereof IS substantially corn- and criteria, including sp;lce quirements and rela plete. Prepare for the Architect a summary of the status of sh,ps, flexlbllitV and expandability requirements, sc the Work of each Contractor, listing changes in the previ- equ,pment and systems and site rcquirements. ously issued Certificates of Substantial Completion of the Work and recommending the times within which Contrac- 2.2 The Owner shall Provide a budget for the Pn tors shall complete uncompleted items on their Certificate bad on consultation with the Con5truction Manage of Substantial Completion of the Work. the Architect, which shall include contingencies for ding, changes during construction and other costs v 1.2.16 Following the Architect's issuance of a Certificate are the responsibility of the Owner. of Substantial Completion of the Project or designated portion thereof, evaluate the completion of the Work of the Contractors and make recommendations to the Archi- tect when Work is ready for final inspection. Assist the 2-3 The Owner shall designate a representative au Architect in conducting final inspections. Secure and trans- 'zed to act in the Owner's behalf with resFt tC mit to the Owner required guarantees, affidavits, releases, ProJect. The Owner, Or such authorized rePre**t# bonds and waivers. Deliver all keys, manuals, record shall examine document5 submitted bY the Constru drawings and maintenance stocks to the Owner. Manager and shall render decisions pertaining th promptly to avoid unreasonable delay in the progre 1.2.17 The extent of the duties, responsibilities and limi- the Construction Manager,s services. tations of authority of the Construction Manager as a rep- resentative of the Owner during construction shall not be 2.4 The Owner shall retain an architect whose modified or extended without the written consent of the services, duties and responsibilities are de- Owner, the Contractors, the Architect and the Construc- scribed in the agreement between the Owner and ion Manager, which consent shall wt be unreasonably the Architect, AIA DOCument BlWCM, 1980 Editi as modified. The Terms and Conditions of the with held. Owner-Architect Agreement wi1.l be furnished to the Construction Manager, and will not be modif 1.3 ADDITIONAL SERVICES without written consent of the Construction Mar which consent shall not be unreasonably withhel Actions taken by the Architect as agent of the Ovner shall be the acts of the Dvner and the Construction hnager shall not be responsible - quiprnent which are a part Of the Projectp unti1 such 1.3.7 Recruiting or training maintenance perronnel, 1-3-9 in this Agreement. 1.4.1 The Construction Manager shall perform Basic Additional Services as expeditiously as is consistent reasonable skill and care and the orderly progress 01 Project. Providing any other KrviCeS'nOt otherwise incll ARTICLE 2 THE OWNER'S RESPONSJBILITIES . The following Additional Services shall be per- formed upon author,zat;on in wr,t,ng from the Owner and shall be paid for as provided in this Agreement. for them. 1.3.1 Services related to investigations, appraisals or eval- 2.5 The Owner shall furnish structural, mecha uations of existing conditions. facilities or equlpment, or chemical and other laboratory tests. inspections ar verification of the accuracy of existing drawings or other ports as required by law or the Contract Document! information furnished by the Owner. 2.6 The Owner shall furnish such legal, accountin 1.3.2 Services related to Owner-furnished furniture. fur- insurance counseling services as may be necessary fc nishings and equipment which are not a part of the Project, including such auditing services as the C Project. may require to verify the Project Applications for Pal AM WCUMEHT Un ObVKER.CO'&TRUCI ION MAhACER ACREEME%T IbNE 1#I) EOlTlOY AIA. &.l% THE AMERICAN IKSTITUTE Of A@3IITEC?S. IT35 NEW YORK AVE.. N \V , WASHINGION. D C. 2ooo6 8801 - 19; 0 ~ or t3 ascertain how or for what D ses the by or on - ~ contractors have used the monies !B behalf of the Ovner. 2.7 me mner shall furnish the Construction mnager a sufficient quantity of construction documants. 2.8 The services, information and WpOrtS'required bY Paragraphs 2.1 through 2.7, inclusive, shall be furnished at the Owner's expense, and the Construction Manager shall be entitled to rely upon their accuracy and Completeness- 2.9 If the Owner observes or otherwise becomes aware of any fault or defect in the Project, or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the Owner to the Construction Manager and the Architect. 2.10 The Owner reserves the right to periorm.work re- lated to the Project with the Owner's own forces, and to award contracts in connection with the Project which are not part of the Construction Manager's responsibilities un- der this Agreement. The Construction Manager shall notify the Owner if any such independent action will in any way compromise the Construction Manager's ability to meet the Construction Manager's responsibilities under this Agreement. 2.11 The Owner shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Construction Manager's services and the Work of the Con- tractois. ARTICLE 3 CONSTRUCTION COST 3.1 Construction Cost shall be the total of the final Con- tract Sums of all of the separate Contracts, actual Rcim- bursable Costs relating to the Construction Phase as de- fined in Article 6, and the Construction Manager's com- pensation. 3.2 Construction Cost does not include 4.1 Construction support activities, if provided bi the cost of the land or riahts- Construction Manager, shall be governed by seF of-way. contractual Jrrangements unless othenvise providt Article 16. shall consult with the Architect to de?ermine wh materials, equipment, component system and type of construction are to be included in the contra Documents I to suggest reasonabh adjustments in scope Of the Pmjecte and to s'goest a1ternate E in the Construction Documents to adjust the Conrtruction costs to the project budget. - 3.4.2 If the project bdget is exceeded by' the Of the lowest iigures from bona 'Ide Bids plus the Construction Manager's estima other elements of Construction Cost for the Projec Owner shll '1) give written approval of an increa such budget (2) authorize rebidding or renegoti of the Project & portions of the Pro,ect within a re able time, (3) if the Project is abandoned, termina this a-t or (4) cooperate in ing the scope and quality oi the Work as required I duce the Construction Cost. In the case of item (4' Construction Manager, without additional compens, shall cooperate.with the Architect as necessary to the Construction Cost within the -1- bWf ARTICLE 4 CONSTRUCTION SUPPORT ACTIVITIES 3.3 Evaluations of the Owner's Project budget and cost estimates prepared by the Construction Manager represent the Construction Manager's best judgment as a profes- sional familiar with the construction industry. It is recog- nized, however, that neither the Construction Manager nor the Owner has control over the cost of labor, mate- rials or equipment, over Contractors' methods of de- termining Bid prices or other competitive bidding or ne- gotiating conditions. Accordingly, theaconstruction Man- ager cannot and does not warrant or represent that Bids will not vary from the Project budget proposed, established or approved by the Owner, or from any cost estimate or evaluation prepared by the Construc- tion Manager. 3.4 No fixed limit of Construction Cost shall be estab- lished as a condition of this Agreement by the furnishing, proposal or establishment of ;1 Project budget under Sub- paragraph 1.1.1 or Paragraph 2.2, or otherwise, The Constructim -mpr shall incltde in the project hdpt amtingencies for design, bidding anl pri~ escalatim am3 AI4 DOCUMENT ull O\\\tK.CO%STRUC7lO\ UA\ACER ACREEuE\T 1C\E 1Wl EDITION 31wD 0 THE AHLKICA4 i%ST111 TE Of ARCHITECTS. lT3j >EL\ jORK A\'€ , \ \\ . \\ASHl\CTOS, D.C 5 B801--1980 -- e 0 '. 6.2 Trade dtscounts, rebates and refunds and returns from gle of surplus materials and equipment shall accrue to the Owner, and the Constructton Manager shall make pm\lsions 50 that th can be secured AITlctE 7 PAYMENTS TO THE CONSTRUCTION MANAGER 7.1 IAYMENTS ON ACCOUHT OF WIC SERVIcfs ARTICLE 8 CONSTRUCTION MANAGER'S ACCOU NTl NC RECORDS 8.1 Records of Reimbursable Costs and costs pe to seTvIces pcrformed on the basis of a Mu,t,p,e *~ accepted account,ng prlnclplw and sha,l bc avall the Owner or the Owners authorized representi mutually conven,cnt tlmes. 7.1.3 if and to the extent that the time initially estab- ceded or extended through no fault of the Construction Manager, compensation for Basic Services required for such extended period of Administration of the Construc- tian Cbntract shall be quitably adjm. lished for the COnStrUCtlon Phase of the PrOJeCt 1s ex- personnel E~~~~ shail be kept on !he basis of gr 73 lAYMENfS ON ACCOUNT OF ADDITIONAL SERViCES AND REiMBUUSMlE COSTS 7.2.1 Payments on account of the ConstructBon Man- ager's Additional Services, as defined in Paragraph 1.3, shall be made monthly upon presentation of the Construction Manager's statement of sewices rendered or costs in- curred 7.3 MYMENTS WITHHELD 9.3.1 No deductions shall be made from the Construc- tion Manager's cornpensation on account of penalty, Iiq- utdated damages or other sums withheld from payments to Contractors, or on account of the cost of change in Work other than tho* for which the Construction Man- ager is held legally liable. 7.4 PROJEcr SUSPENSION OR ABANDONMENT 7.4.1 If the Project is suspended or abandoned in whole or in part for more than three months, the Construction Manager shaft be compcnutcd for ail services performed prior to receipt of written notice from tbcDwner of such suspension or abandonment, in -* with Article 16 :f the Project is resumed after being suspended for more than rhree months, the Construction Manager's comcwnsation shall be equitably adjusted Uor - UA DOCVMCNT - O\h'NEX~ONSlKU~ION MANbGLI AZ;UfEMfNT WNf 1- fDITK)N Am* OlrO Tn€ AMERICAN IMTiTUTE Of ARCMiTLffS. 1735 NfW VO&K AVt . N W WAW(INC1ON 0 C ZOQlb a MITlcLL 12 SUCCESSORS AND ASUCNS 12.1 The Owner and the Construction mnager, N tively, bind themselves, their partners, successors, a and legal representatives to the other party to this Ir ment, ind to the partners, successors, assigns and representatives of such other party with respect covenants of this Agreement. Neither the Owner nf Construction Manager shaH assign, sublet or transfc interest in this Agreement without the written cons the other. 0 '* ARTlCtE 13 EXTENT OF AGREEMENT 13.1 Thls Agreement represents the entire and inte: agreement between the Owner and the Constri Manager and SuWrWdes dl Prior neWtiatiOnS# rep tations or agreements, either written or Od. This I mnt may be amended only by written instrument by both the Owner and the Construction Manager. 13.2 Nothing contained herein shall be ckemed 1 ate any contractual relationship between the Constr Manager and the Architect or any of the Contractor! contracton 01 material SUP PI^^^^ on the W-; no anything conbind in this Agrrtment k deemed ' any third wm any claim Or 'Rh' Of laion 'eir Owner Or the Construct'on *Mger which doc otherwise exist without ward to *is A8mmen*- ARTKLE 11 MISCELLANEOUS PROVISIONS 11.1 Unless othenvise specified, this Agreement shall bc governed by the law in &MI at tk loution of the Protect. 113 AS htwwn the partie to this Agrctment: as to a~l acts 01 failures to act by either party to this AEmmnt, any applicable statute of limiutions s)ull comwnce to run, and any alleged cause of action shalt be &ern4 to )uwe accmd, in any and 111 CYentS M)t later than the dewant Date of Substantial Completion of the Project, and as to any acts or failures to act occurring after the relevant Date of Substantial Completion of the Project, not later than the date of issuance of the final Project Certificate for Payment. 11.4 The Owner and the Construction Manager waive all rights against each other, and against the contractors, consultants, agents and employes of the other, for dam- ages cowered by any property insurance during construc- hon. as set forth in the 1980 Edition of AIA Document A201IC.M, General Conditions of the Contract for Con- strucrion, Construction Management Edition. The Owner and the Constructron Manager shall tach require appro- prPate similar wawers from their contractors, consultants and agents. *u -NT - ~fR-C~lRUCTION WACCR ACREEMENT WNf W fDnION 0- WE AIA(R1CAN IhSTllUT~ Of ARCMITEOS, 1YJS MEW *OR1 A%., N.W.. W~I~oN, 1 7 -1-1- e 0 -. ARTICLE 15 Basis of Compensation The Owner shall compensate the Construction Manager fo the Scope of Services provided, in accordance with Article 7, Payments to the Construction Manager, and the other Terms and Conditions of this Agreement, as follows: "The project covered within this contract is defined by the Final Site Development Plan for the City of Carlsbad Public Safety Service Center prepared by H. Wendell Mounce A.I.A. Associates on July 12, 1983 and covering basic site development police headquarters/f ire administration building and the vehicl - maintenance and fuel station. The total fee for this scope of services will be an amount not to exceed five hundred thousand dollars ($500,000). The fee will cover the cost of the Construction Manager's office overhead, profit and personnel fo the preconstruction and construction phases, excluding any extraordinary delays not the result of any fault of the Construction Manager. upon selection of the architect and within one month o the architectural agreement being signed by the City, the Construction Manager, the Project Administrator and Architect will agree to a schedule to complete the preconstruction and construction work required to produce the above described work. 15.1 Basic Compensation 15.1.1 For basic services, as described in paragraphs 1.1 and 1.2, and any other services included in Article 16 as part of Basic Services, Basic Compensation shall be computed as follows: .- For preconstruction phase services the total compensation within the schedule agreed to above, and subject t Article 15.3.2, shall be one hundred twenty thousand dollars ($120,000). The preconstruction phase shall be divided into four subphases and these subphases shall be titled and valued i the following way: schematic design ($30,000), design development ($30,000), construction documents ($40,000) and bidding ($20,000) .. On a monthly basis, the Construction Manager and Project Administrator shall determine the percentag of completion on each of the subphases, and the Construction Manager shall submit a bill for that amount to be paid on a monthly basis. within the schedule agreed to above and subject to Article 15.3.2, shall be three hundred eighty thousand dollars ($380,000). The Construction Manager shall be paid monthly for construction phase services on the basis of, and in proportion to, the percent of total completion of construction as determin and approved by the Project Administrator. In making such For construction phase services, the total compensatio 0 0 a- progress payments, there shall be no retainages held on the Construction Manager's fee. 15.3 Compensation for Additional Services 15.3.1 For additional services of the Construction Manager, as described in paragraph 1.3, and delays in the projel as described in Article 15.3.2, and any other services included in Article 16 Additional Services, compensation shall be computc and paid to the Construction Manager in an amount equal to the Construction Manager's additional direct personnel expense on tl Project. completion of the project, which are not the result of any faull of the Construction Manager, Article 15.3.1 shall apply providec agreed schedule and the Construction Manager can document that such delays have materially increased his costs. 15.3.2 In the event of the following delays in the * such delays cannot be accommodated by adjustments within the .2.1 In the event and to the extent that the approval: of the bid documents are not given by the Owner and result in a delay in completion of the Project. in the Project requested by Owner result in the delay of the completion of the Project. completion is delayed by the architect's failure to perform his services in accordance with the agreed schedule 15.3.3 Direct personnel expenses are defined as the actual salary expense, including all overhead, payroll taxes, fringe benefits and other employee benefits of Construction Manager's personnel to be defined as 30% burden on direct salaries. People to be included in direct personnel expense shall be as mutually agreed upon by Construction Manager and Owner. .2.2 In the event of and to the extent that any changc .2.3 In the event and to the extent that the project 15.3.4 Any claim by Construction Manager for additiona compensation shall be submitted in writing to the Project Administrator within thirty (30) days of the occurrence of the event upon which cOmpensation is claimed, setting forth in detai the complete basis for the claim. No claim shall be valid unles so made. The Project Administrator shall review the claim and i he finds the claim valid in its entirety or in part, he shall process it in accordance with Owner's procedures. Rejection of any claim shall not be grounds for termination of this agreement. 15.4 If the scope of the Project or the Construction Manager's services is changed materially, the amount of compensation shall be equitably adjusted. It is hereto agreed that Owner change orders will not be assessed a Construction Manager fee on the work applicable to site development, police headquarters/f ire administration building and the vehicle 2. 0 0 -'. maintenance and fuel facility excluding time extensions as previously described. 15.5 If the services covered by this agreement have nc been completed within thirty six (36) months of the date hereof, through no fault of the Construction Manager, the amount of compensation, rates and multiple set forth herein shall be equitably adjusted. ARTICLE 16 Other Conditions or Services 16.1 The Owner shall be responsible for all construction costs incurred in the Project. The Construction Manager will supply all miscellaneous off ice supplies, xeroxing and personnel (including secretaries) necessary to execute the services described in this contract. If the Owner so chooses the Construction Manager will provide the Owner with monthly computer scheduling and management reports for actual costs. 16.2 The following applies to Article 1. 16.2.1 At the request of Owner the Construction Manager shall be represented by appropriate staff at all designated conferences including meetings of the City Council and other public meetings held for receiving status reports and other information as requested by Owner. 16.2.2 Construction Manager in reviewing bids shall prepare a cost comparison analysis and establish the lowest responsible bidder to be accepted by Owner. In assisting Owner with construction contracts the Construction Manager shall prepare drafts of their specific terms. administer the processing of change orders, including applications for extensions of time from the contractors in accordance with Owner's procedures. Evaluate the cost features of all change orders and, where necessary, negotiate with the contractors to obtain a fair price and time for the work. Owner's maintenance personnel, coordinate the checkout of utilities, operational systems and equipment; assist in the training and transfer of operating responsibilities to Owner an( assist Owner with the development of any occupancy program. 16.2.5 Add paragraph 1.2.18: In the event any claim made or any action brought in any way relating to the construction of the Project, render all assistance which Owner may require during the course of the Project, including preparation of written reports with supporting information necessary to resolve the disputes. 16.2.6 Add paragraph 1.2.19: Administer the material: equipment, systems, and labor warranty program and expedite and supervise any corrective work required during the warranty period . 16.2.7 Add paragraph 1.2.20: Ensure that contractor, within fifteen (15) days after date of Certificate of Substanti; 3. 16.2.3 Add to paragraph 1.2.3.3: Document and 16.2.4 Add to paragraph 1.2.13: In cooperation with e e Completion, provides to architect a marked set of contract documents showing all final construction as-built conditions suI that architect can prepare a complete set of reproducible final as-built plans. 16.3 The following applies to Article 2. The Project budget is established in the amount of $9,376,000 including sit( work, police/fire/administration building and the vehicle maintenance facility as described in phases 1, 1A and 1B of the final site plan. The budget shall include architect's fee, landscaping, communication system, furnishings, construction management fee and a contingency. Owner contemplates that the project will be completed within the project budqet. The projec . budget shall not be adjusted for the purposes of this agreement without prior authorization of the Owner. Construction Manager will use his best efforts to see that no such adjustment are necessary. 16.4 The following paragraph is added to Article 11 - Miscellaneous Provisions, 11.5 Should any action be brought relating to this agreement, the prevailing party shall be entitled to reasonable attorneys fees and costs. 16-5 Arbitration and Attorneys Fees 16-5.1 Upon mutual agreement of the parties, all questions in dispute under this agreement may be submitted to arbitration. Such arbitration shall be conducted in accordance with the rules of the American Arbitration Association insofar as the same are not in conflict with the laws of the State of California, 16.5.2 If either party petitions to confirm, correct or vacate the award as provided by Chapter 4 or Title 9 of the Code of Civil Procedures (commencing with Section 1285), the prevailing party shall be entitled as part of its costs, to a reasonable attorney's fee to be fixed by the court. or interpret this agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs. 16-5.3 Should any legal action be brought to enforce 16.6 Indemnification. 16.6 , 1 Construction Manager has the expertise necessai to perform the services and duties agreed to be performed by a construction manager under this agreement, and Owner, not being skilled in such matters, relies upon the skill and knowledge of Construction Manager to perform said services and duties consist with skills prevalent in the industry. Therefor, Construction Manager agrees to indemnify, hold harmless and defend Owner, Cit Council and each member thereof, and every officer and employee Owner, from any and all liability or financial loss, including k not limited to, liability or loss which injury, damage or disruption or loss results from any suits, claims, losses or actions brought by any person or persons and from all costs and expenses of litigation brought against Owner, City Council and E member thereof, or any officer or employee of Owner, by reason c 4. a e injury to any person or persons, including but not limited to, officers and employees of Construction Manager or damage, destruction, or loss of property of any kind whatsoever and to whomsoever it may belong, including but not limited to that of Construction Manager resulting from any or all negligent activities or negligent operations of Construction Manager or ai person employed by Construction Manager in the performance of this agreement. The Construction Manager shall not be liable fc the negligent acts of any trade contractors or suppliers, 16.7 Insurance. 16.7.1 Construction Manager shall at all times during the term of this agreement carry, maintain, and keep in full force and effect, in a form and with an insurance company . acceptable to, and approved by, the City Attorney, policies of motor vehicle liability insurance with minimum limits of $100,000/$300,000 personal injury and $50,000 property damage ar Comprehensive General Liability Insurance, with minimum limits ( $500,000 combined single limit in aggregate, against any injury, death, loss or damage as a result of negligent acts or omission: by the Construction Manager, together with an endorsement in substantially the form set forth below. ENDORSEMENIT - It is hereby understood and agreed that owner, its Cit Council and each member thereof and every officer and employee c Owner shall be named as additional named insureds with severability of interests assured as respects claims arising out of the construction management services in connection with development of the project. It is further agreed that the following Indemnity Agreement between the Owner and the named insureds is covered under the policy: Construeion Manager agrees to indemnify, hol harmless and defend Owner, its City Council and each member thereof, and every officer and employee of Owner from any and al liability or financial loss resulting from any suits, claims, losses, or actions brought against any employee of Owner which results from the negligent actions of Construction Manager's officers, employees, agents or others employed by Construction Manager while engaged by Construction Manager in the performance of this agreement. It is further agreed that the inclusion of more than or assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to owner. above coverage, the company will give forty-five (45) days written notice of cancellation or material change to the certificate holder. at all times during the term of this agreement, Workers' Compensation Insurance as required by law. or as otherwise provided herein, Construction Manager shall maintain on file with the City Clerk of Owner a certificate of 5. In the event of cancellation or material change in the 16.7.2 Construction Manager agrees to maintain in forc 16.7.3 At all times during the term of this agreement, 0 0 the insurance carrier or carriers showing that the aforesaid policies are in effect in the amount above provided, the insurec are named therein as specified herein and that the policies cannot be cancelled or reduced by Construction Manager except 01 forty-five (45) days notice to Owner. Construction Manager shal not have the right to receive compensation under this agreement until such certificate or certificates are filed with the City Clerk. Construction Manager shall not cancel said insurance coverage without the Owner having been given forty-five (45) daj prior notice thereof by Construction Manager. 16.8 Independent Contractor. 16.8.1 The Construction Manager is and shall at all times remain as to the Owner a wholly independent contractor. - Neither the Owner nor any of its agents shall have control over the conduct of the Construction Manager or any of the Construction Manager's employees, except as herein set forth. The Construction Manager shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the Owner. 16.9 Fair Employment Practices/Equal Opportunity Acts. 16.9.1 In performance of this agreement, the Construction Manager shall comply with all applicable provision2 of the California Fair Employment Practices Act (California Lab( Code Sections 1410 et. seq.) and the applicable equal employmeni provisions of the CFilxghts Acts of 1964 (42 U.S.C. 200e - 217), whichever is more restrictive. 16.10 Termination of Agreement. 16.10.1 Owner may cancel this agreement at any time upon fifteen (15) days written notice to Construction Manager. Construction Manager agrees to cease all work under this agreement on or before the effective date of such notice. 16.10.2 Owner reserves the right to amend the service: to be performed by and, accordingly the fee to be paid to, the Construction Manager, or to discontinue all further work at the end of any phase. 16.10.3 In the event of termination of this agreement by Owner, due to no fault or failure of performance by Construction Manager, Construction Manager shall be paid full compensation for all services and duties performed by Construction Manager, an amount to be determined as follows: (A) Construction Manager shall be entitled to retain any payments which may have been made to Construction Manager under the provisions of this agreement prior to said termination. terms and provisions of this agreement and for which payment is not yet due, Construction Manager shall be paid an amount equal to the amount of service performed prior to the effective date termination; provided, however, that in no event shall the amoui of money to be paid under the foregoing provisions of this paragraph exceed the amount which would be paid Construction Manager for the full performance of said items of service. (B) For work done in accordance with all of the 6. e e 16.11 Notice. 16.11.1 Whenever it shall be necessary for either part to serve notice on the other respecting this agreement, such notice shall be served by certified mail addressed to the City Manager of Owner, 1200 Elm Avenue, Carlsbad, California, 92008; or to Construction Manager, Koll Construction Company 7330 Engineer Road, San Diego, California 921 11-1464, unless and until different addresses may be furnished in writing by either party to the other, and such notice shall be deemed to have beer served within seventy-two (72) hours after the same has been deposited in the United States Post Office by certified mail. This shall be valid and sufficient service of notice for all purposes. 16.12 Conflict of Interest. 16.12.1 The Construction Manager agrees not to accept any employment during the term of this agreement by any other person, firm or corporation which employment is or may likely develop a conflict of interest between City's interest and the interests of third parties. "Conflict" as used herein shall be defined and interpreted in accordance with Section 1090 of the California Government Code. 16 . 13 Cost Reporting . 16.13.1 Any documentation or written report shall contain in a separate section the numbers and dollars amount of all contracts and subcontracts relating to the preparation of tl document or report unless less than $5,000 . 16.14 Prohibited Interest. 16.14.1 No official of the Owner who is authorized in such capacity on behalf of the Owner to negotiate, make, accept or approve, or take part in negotiating, making, accepting, or approving of any construction management, engineering inspectioi construction, or material supply contractor, or any subcontractc in connection with the construction of the project, shall becomc directly or indirectly interested personally in this contract 01 in any part thereof. No officer, employee, architect, attorney engineer, or inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any executive, supervisory, or other similar functions in connectioi with the performafice of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 16.15 Verbal Agreement or Conversation. 16.15.1 No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor such verba agreement or conversation entitle the Construction Manager to a' additional payment whatsoever under the terms of this contract. 16.16 Covenant Against Contingent Fees. 7. 0 0 I. 16.16.1 The Construction Manager warrants that the Construction Manager has not employed or retained any company o person, other than a bona fide employee, or consultant working for the Construction Manager to solicit or secure this agreemen and that Construction Manager has not paid or agreed to pay any company or person, other than a bona fide employee, or consultai any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from the awarc or making of this agreement. For breach or violation of this warranty, the Owner shall have the right to annul this agreemeni without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the ful. amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 16.17 Responsibility of the Construction Manager. 16.17.1 The Construction Manager is hired to render a professional service only and any payments made to the Construction Manager are compensation solely for such services the Construction Manager may render and recommendations the Construction Manager may make in the course of this project. 16.18 Construction Manager's Compliance. 16.18.1 The Construction Manager shall comply in all work under this agreement including but not limited to bidding and construction document preparation with all applicable federal, state and local laws. 16.19 Construction Limitation. 16.19.1 Construction Manager,or any of its subsidiaries, is prohibited from bidding on, performing with Construction Manager's own forces or otherwise financially participating in any construction or other activities regarding this project except as set forth in this agreement. 16.20 Examination of Records. 16.20.1 Construction Manager agrees that Owner shall, until the expiration of three (3) years after the final payment under this agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Construction Manager and of all the transactions relating to this agreement. 16.21. Findings Confidential. 16.21.1 Any reports, information, data or similar writings given to or prepared or assembled by the Construction Manager under this Agreement, which the Owner requests to be kept as confidential, shall not be made available to any individual or organization by the Construction Manager without prior written approval of the Owner. 16.22. Conformity to Legal Requirements. 16.22.1 Construction Manager shall review all documents to verify that Architect made every effort to conform to all applicable federal, state, county and local laws and a. ' * 0 0 ,I agencies whose approval must be obtained, and shall ensure that all work on the site is performed as required by all agencies such as Cal OSHA, the State Industrial Accident Commission, and any other duly recognized authority. 16.23. Ownership of Documents. 16.23.1 Any documents produced by the construction 16.24 Conflict. 16.24.1 In the event of any conflict between the terms of this article and either other provisions of this agreement or the general conditions of the contract for construction the term of this article shall control. manager pursuant to this agreement shall belong to Owner. CITY OF CARLSBAD, a municipal corporation By : 9hy LL! &LL MARY H. CYLER, Mayor ATTEST: ( KOLL CONSTRUCTION COMPANY, a division of The Koll Company, a California Corporation By : /-lzz2LsaL.> ATTEST: 7 qk-,uA/M, 9.