Construction file # 0812
This agreement, entered into this 13th day of august, 2008 for the Proposed (Fifty) 50 Bed Hospital between:
Architect Randy A. Amonoy
Hereinafter the construction manager at risk
Mr. and Mrs. Rolando Belas
Hereinafter the owner:
Whereas the owner has published a Request for proposals seeking the submission of competitive proposals to act as a construction manager at risk to furnish professional construction management services during the design and construction of project identified and described in that request for proposals; and
Whereas, the undersigned Construction Manager submitted a competitive proposal that was evaluated by the owner, and,
Whereas, the Owner, through its awarding authority, has made an award of the work to the undersigned Construction Manager, and pursuant to the terms of the Request for Proposals this form is to be executed to form and memorialize the contractual relationship between the parties;
Now, therefore, the Construction Manager and the Owner agree as follows:
1. This firm of contract hereby shall be incorporated and accompanied by: Owner’s recommendation for award letter ( Aug. 1, 2008), Owner’s request for proposal ( Aug. 3, 2008 ), Contractor’s (CM @ Risk) response to proposal (date), contractor’s HUB plan approved by the owner ( Aug. 12,2008). Designer’s drawing and specification lists(Aug. 12,2008 ). Contractor’s payment and performance bond (Aug. 20, 2008 ), Power of Attorney, insurance Certificate ( Aug.12, 2008 ), Statement of GMP including schedule of values for cost of the work and federal conditions ( Aug. 12,2008 ), and incorporate herein by reference the contract for pre-construction services dated Aug. 12, 2008.
2. for the sums set forth in the Construction Manger’s fee proposal (or any subsequently amended fee agreement), the Construction manager undertakes to act as the Owner’s fiduciary (GS143-128.1) and to furnish professional construction management services during the design and construction of the Project.
3. the providing of Construction Managers services shall be in compliance with he requirements of the RFP (including all its appendices and attachments) and the Construction Manager’s proposal (hereinafter, together: the Contract Documents). To the extent that any term, requirement, or specification in the Construction manager’s proposal shall be in conflict with the RFP, the terms, requirements, and specifications of the RFP shall control and the conflicting contents of the Construction Manager’s proposal shall be deemed surplussage except where provided otherwise.
4. that the Construction Manager shall commence provision of construction phase services under this agreement on he date to be specified in a written order of the Owner and shall fully complete all services hereunder and accomplish the final completion of the project within 300 consecutive calendar days from the date of Notice to Proceed. The Construction Manager shall furnish to the Owner various schedules as provided in he Contract Documents setting forth planned progress of the project broken down by the various divisions or part of the work and by calendar days. If the Construction Manager fails to begin the work under the contract within the time specified, or the progress of the work is not maintained on schedule, or the work is not completed within the time above specified, or shall allow the work, or if the Construction Manager shall become insolvent or be declared bankrupt or commit any act of bankruptcy or insolvency, or allow any final judgment to stand against him unsatisfied for a period of forty-eight (48) hours, or shall make an assignment for the benefit of creditors, or for any other cause whatsoever shall not carry on the work in an acceptable manner, the Owner may give notice in writing, sent by certified mail, return receipt requested, to the Construction...