AGREEMENT BETWEEN OWNER & CONTRACTOR Construction Manager at Risk This AGREEMENT is made as of the ____ day of ________, 20___ between the OWNER:
Round Rock Independent School District 1311 Round Rock Avenue Round Rock, Texas 78681 512/464-5010
and the CONSTRUCTION MANAGER AT RISK (“Contractor”): NAME ADDRESS CITY, STATE ZIP CODE for the following PROJECT: CAMPUS NAME-CAMPUS ADDRESS, CITY, STATE ZIP CODE PROJECT
1. THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement and any Attachments and Exhibits attached hereto, Amendments, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, all Addenda issued prior to execution of this Agreement and all Change Orders and written Modifications issued subsequent thereto. These form the Contract, and all Documents are as fully a part of the Contract as if attached to this Agreement or repeated herein. Unless otherwise specified, definitions set forth in this Agreement and the General Conditions apply to all other Contract Documents. In the event of any conflict between any of the Contract Documents, the following order of priority shall govern the interpretation of the Contract Documents: Change Orders, this Agreement, the Supplementary General Conditions, General Conditions, Addendum(s), Drawings, Specifications and Written Modifications. Where specific Contract Documents modify other portions of Contract Documents, such modifications shall govern. II. THE WORK The Contractor shall perform all of the Work for the Project set forth herein. The Contractor shall act in the capacity of Construction Manager at Risk and General Contractor for Construction of the Project (the “Work”). The Work included in this Agreement consists of all Work described in the Construction Documents and described herein. It is intended that this Agreement, with any future Amendments includes the Work for the entire Project. The Project is located on the site (“Site”) described in the request for proposals to which this Contract corresponds or is described in the Documents.
Owner & CMR Agree. – Revised 9/2015
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III. PRE – CONSTRUCTION SERVICES Pre-Construction Services by the Contractor involves a cooperative undertaking with the Architect and the Owner to develop a project schedule and budgets as the design progresses including constructability review and value engineering for the success of the Work with emphasis on quality design providing the “best value” for the District. Pre-Construction Services fee for this portion of the Work is $_________________. Construction Services are not a part of the Guaranteed Maximum Price.
The Pre Construction Services phase commences with the signing of the Agreement and ceases with the approval of the final Guaranteed Maximum Price ("GMP") for the Project. The Contractor shall provide the District with a breakdown of all billing costs for Pre-Construction Services including: (a) Hourly rate by title of the Contractor’s personnel that will be attending meetings, developing cost estimates and scheduling. (b) Any ancillary cost associated with the support function of Contractor. Billing statements will be submitted on a monthly basis.
IV. PROJECT SCHEDULE
Schematic Design Phase
Design Development Phase
Contract Document Phase
V. COST OF THE WORK The Contractor’s fee (“CMR Fee”) shall be ____ percent (____%) of the Actual Cost of the Work as the term Actual Cost of the Work is defined in the Supplementary General Conditions and the Actual General Conditions. VI. COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall be commenced upon issuance of the Notice to Proceed, and, subject to authorized adjustments, and Amendments, and the Substantial Completion Date for the Project as stipulated in the Amendment(s) ("Contract Time"). A site Owner & CMR Agree. – Revised 9/2015
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development permit shall be obtained on or prior to the date Owner issues a notice to proceed with construction. All permits shall be in place so that once construction starts it can proceed uninterrupted to completion. Liquidated Damages. In the event the Contractor does not achieve Substantial Completion within the Contract Time, including approved extensions, the Contractor shall pay the Owner, as liquidated damages and not as a penalty, the sum of $__________ Dollars per each consecutive calendar day that the performance exceeds the authorized Contract Time. This sum is agreed upon as a reasonable and proper measure of damages which the Owner will sustain per day by failure of the Contractor to complete the Work within the time stipulated; it being recognized by the Owner and the Contractor that the injury to the Owner, including the lost use of the facilities, the disruption to the educational process, and the extended administrative resources, which could result from a failure of the Contractor to complete on schedule, is uncertain and cannot be computed exactly. At the sole option of Owner, Owner may elect liquidated damages or may elect any other legal remedy available to Owner in the event of default by Contractor.
VII. CONTRACT SUM The Owner shall pay the Contractor for the performance of the Work, subject to additions and deductions by Change Order as provided in the Conditions of the Contract, in current funds, an amount not to exceed the GMP, as stipulated in an amendment to this Agreement.
VIII. PAYMENTS Based upon applications for payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the GMP to the Contractor as provided in the General Conditions of the Contract as follows: On or about the last day of each month, ninety-five percent (95%) of the portion of the GMP properly allocable to labor, materials, and equipment incorporated in the Work, and properly allocable to materials and equipment suitably stored at the Site or at some other location agreed upon in writing by the parties up to ten (10) days prior to the date on which the application for payment is submitted, less the aggregate of previous payments made by the Owner. No progress payment shall be due to Contractor until: 1) the payment has been approved by the Architect of the Work, and 2) fifteen (15) calendar days have elapsed since receipt by Owner of the request for payment. Final payment, constituting the entire balance of the GMP, shall be paid by the Owner to the Contractor thirty (30) days after Substantial Completion, provided the Work has then been completed, the Contract fully performed, Certificate of Occupancy is received and final Certificate of Payment has been issued. Any monies not paid when due to either party under the Contract shall bear interest at the legal rate in force at the place of the Project or at the rate established by Tex. Rev. Civ. Stat. art. 601f, whichever is less. ROUND ROCK INDEPENDENT SCHOOL Owner & CMR Agree. – Revised 9/2015
COMPANY NAME 3 of 4
Construction Manager at Risk
Randy Staats Chief Financial Officer
Attachments: General Conditions to the Contract for Construction (Attachment 1) Notice of Prevailing Wage Rate Compliance (Attachment 2) Schedule of Special Conditions (Attachment 3) Supplementary General Conditions (Attachment 4) Subcontractor Form (Attachment 5) Certification of Project Compliance (Attachment 6) Directive to Contractor-Owner Contingency Authorization (Attachment 7) Amendment No. 1 (GMP) (Attachment 8)
Reviewed: _______ Director, Construction Department Reviewed: _______ Chief Operating Officer
Owner & CMR Agree. – Revised 9/2015
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