HomeMy Public PortalAbout12-8394 Lawrence Wright & Partners LLC Sponsored by: City Manager
Resolution No. 12-8394
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER
TO ENTER INTO A RETROACTIVE EXTENSION AGREEMENT
WITH LAWRENCE WRIGHT & PARTNERS, LLC., FOR A PERIOD
OF SEVEN MONTHS, FOR PERFORMANCE OF ALL ESSENTIAL
SERVICES NECESSARY TO CLOSE OUT THE PROJECT, AS
PROJECT MANAGEMENT, COMMENCING FROM DECEMBER
2011 AND ENDING JUNE 2012, FOR COMPLETION OF THE
SHERBONDY PARK VILLAGE INITIATIVE, AT A COST OF
$7,142.86 A MONTH, PAYABLE FROM ACCOUNT NUMBER 44-
541802; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, pursuant to Resolution 10-8040, the City of Opa-locka issued an RFQ for
qualified construction management services, and pursuant to Resolution 10-8143, approved an
agreement with Lawrence Wright and Partners, LLC; and
WHEREAS, several construction items have not been completed on the Sherbondy Park
Village Project; and
WHEREAS, the seven (7) month extended agreement with Lawrence Wright and
Partners, LLC, will cost the city $7,142.86 a month, for services to include 1) organizing and
finalizing close out of property with contractor, 2) review and final close out of Change Order, 3)
installation of wireless communication infrastructure, 4) Attendance at public meeting if
required, 5) Coordination of all furniture, fixtures and equipment purchase, and 6) training of
staff on building maintenance; and
WHEREAS, the City of Commission of the City of Opa-locka desires to authorize the
City Manager to enter into a retroactive extension agreement with Lawrence Wright & Partners,
Resolution No. 12-8394
LLC., for a period of seven months, for the performance of all essential services necessary to
close out the project, as project management of the Sherbondy Park Village.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka directs and authorizes the
City Manager to enter into an extension agreement with Lawrence Wright & Partners, LLC, for a
period of seven months, for the performance of all essential services necessary to close out the
project, as project management of the Sherbondy Park Village, retroactive to December 2011
and ending June 2012, for completion of the Sherbondy Park Village Initiative, at a cost of
$7,142.86 a month, payable from Account Number 44-541802.
Section 3. This resolution shall take effect immediately upon adoption.
this 25th day of April, 2012.
MOTION FAILED
'
TAYLOR
MAYOR
Attest to:
qt,
J•anna Flores
terim City Clerk
Approved as to form and legal sufficiency:
/
, Iu f
Jos.p S. r eller
Ci Atto ey
Resolution No. 12-8394
Moved by: COMMISSIONER MILLER
Seconded by: VICE MAYOR JOHNSON
Commission Vote: 4-1
Commissioner Holmes: NO
Commissioner Miller: NO
Commissioner Tydus: NO
Vice-Mayor Johnson: YES
Mayor Taylor: NO
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City of Opa-Locka
Agenda Cover Memo
Commission Meeting April 25, 2012 Item Type: Resolution Ordinance Other
Date: X
(EnterX in box)
Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading
(EnterXin box) Yes No (EnterX in box)
X Public Hearing: Yes No Yes No
(Enter X in box) X X
Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No
(Enter Acct No.) 44-541802 (EnterX in box) X
Contract/P.O.Required: Yes No RFP/RFQ/Bid#:
(Enter X in box) X N/A
Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the
(Enter X in box) X specific objective/strategy this item will address)
Enhance Organizational 0
Bus.&Economic Dev 0 1)Work towards close out of
Public Safety p Sherbondy Village Project
Quality of Education
Qual.of Life&City Image •
Communcation El
Sponsor Name: City Manager Department: Office of the City Manager
Short Title:
APPROVAL OF RESOLUTION TO AUTHORIZE THE CITY MANAGER TO EXTEND LAWRENCE WRIGHT, LIP'S
CONTRACT FOR SEVEN (7) MONTHS FOR A PERIOD RETROACTIVE TO DECEMBER 2011 AND ENDING JUNE 2012.
Staff Summary:
The contract for Lawrence Wright and Partners, LLC will be for seven (7) months for retroactive at a monthly rate
of$7,142.86. As per the project description section the Lawrence Wright and Partners, LLC group will perform all
the essential services necessary to close out this project the scope of services will incorporate the information in
the description section. However, what LWP, LLC Group brings to the table is its institutional history of this
project. This knowledge base will allow us to close out this project in a responsible and cost effective manner.
Lawrence Wright, LLC 1
Agreement Extension
Proposed Action:
Extending Lawrence Wright, LLC staff recommends existing contract for a period of seven (7) months in
accordance with the previously mentioned scope of services.
Attachment(s):
1) Resolution#10-8040
2) Resolution#10-8043
3) LWP, LLC Agreement 2010
Lawrence Wright, LLC 2
Agreement Extension
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Memorandum
TO: Mayor Myra L. Taylor
Vice Mayor Dorothy Johnson
Commissioner Timothy Holmes
Commissioner Rose Tydus
Commissioner Gail Mille
FROM: Bryan K.Finnie,Cit Hager
DATE: April 18, 2► "
RE: La -nce Wright and Partners,LLC Agreement Extension,Project Management
'herbondy Park Village
Request: APPROVAL OF RESOLUTION TO AUTHORIZE THE CITY
MANAGER TO EXTEND LAWRENCE WRIGHT, LLP'S CONTRACT
FOR SEVEN (7) MONTHS FOR A PERIOD RETROACTIVE TO
DECEMBER 2011 AND ENDING JUNE 2012. THIS PROJECT
MANAGEMENT CONTRACT IS IN CONNECTION WITH THE
SHERBONDY PARK VILLAGE INITIATIVE.
Description: The Sherbondy Park Village Project is nearly complete based on the current
numbers the total project cost is estimated to be $ 4,000,000. Never the less,
there are several construction items which remain to be completed. These are the
following:
1. Low Voltage Wiring: Installing the wireless infrastructure throughout
the entire building. The cost of this infrastructure is $46,000. LPW
negotiated down to this number from $96,000. This all comes under low
voltage wiring category.
2. Installation of Kitchen: Coordinated the purchase and potential
installation of a commercial kitchen. Market price at $120,000. LWP
recommended a purchase price estimated of $40,000. Will assist in
coordinating relocation, installation of electrical upgrades and plumbing.
3. Pool Cover: Measure and ordered pool cover. Will coordinate
installation.
4. Final Furniture Fixtures and Equipment (FF&E): Coordinate/negotiate
pricing for FF&E items such as bleachers, weight room equipment dance
studio equipment, computer lab equipment, break room furniture, sports
equipment and most importantly signage.
Lawrence Wright, LLC Agreement Extension 1
5. Final Punch List Review (Approximately 60 items): Review the entire
building to identify imperfections of contracted work which must be
immediately corrected prior to the contractor being released from the
project. This assures that the City gets the end product promised.
In addition to the items remaining to be completed, directly linked to the project
is the completion of the Lift Station 11A. Work has begun on the lift station and
it is anticipated that it will be completed in five (5) months. Staff will be
working with the contractor and Miami-Dade County to determine the quickest
path of completion.
The contract for Lawrence Wright, LLC will be for seven (7) months at a
monthly rate of$7,142.86. As per the project description section the Lawrence
Wright and Partners, LLC group will perform all the essential services necessary
to close out this project the scope of services will incorporate the information in
the description section. However, what LWP, LLC Group brings to the table is
its institutional history of this project. This knowledge base will allow us to
close out this project in a responsible and cost effective manner.
Account Number: 44-541802
Financial Impact: The funds will be used to complete the project and conduct the final close-
out phase, and approved Lawrence Wright and Partners, LLC shall be paid
$7,142.86 per month for seven (7) months for a total cost of$50,000.
Implementation Time Line: Immediately
Legislative History: Resolutions#10-8040 and#10-8043
Recommendation(s): Extending Lawrence Wright, LLC staff recommends existing contract
for a period of seven (7) months in accordance with the previously
mentioned scope of services.
Analysis: Utilization of this company will assist the City of Opa-locka in the completion
and close out of the project.
Attachments: 1) Resolution#10-8040
2) Resolution#10-8043
3) LW&Partners Agreement 2010
Prepared by: Office of the City Manager
End of Memorandum
Lawrence Wright, LLC Agreement Extension 2
Sponsored by: City Manager
Resolution No. 10-8040
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE
CTTY MANAGER TO ISSUE A REQUEST FOR
QUALIFICATIONS (RFQ) FOR PROFESSIONAL
CONSTRUCTION MANAGEMENT SERVICE TO PROVIDE
OVERSIGHT OF THE CONSTRUCTION AT SHERBONDY
VILLAGE, AND RESCINDING ANY RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT THEREWITH;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Opa-locka desires to have a Professional
Construction Management Service to oversee the City's major development at Sherbondy Village;
and
WHEREAS, the City of Opa-locka will benefit by having a Professional Construction
Management Service to oversee the construction of Sherbondy Village:
WHEREAS, the Request for Qualification will be issued within thirty (30) days and the
procurement process is expected to be completed by May 2010:
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka directs and authorizes the City
Manager to create and issue a Request for Qualifications for Professional Construction Management
Services for the construction of Sherbondy Village.
Resolution No. 10-8040
Section 3. Any resolution or part of resolutions in conflict with this resolution are hereby
rescinded.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this le day of April, 2010.
gir
JOSEPH H L 4i. LEY
MAYO'
Approved as to form and legal sufficiency.
}fittest to:
- .rah S. Irby Jig eph '. Geller
City Clerk /(to • City Attorney
Moved by: JOHNSON
Seconded by: HOLMES
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Tydus: YES
Vice-Mayor Taylor: YES
Mayor Kelley: YES
Sponsored by: City Manager
Resolution No. 10-8143
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, APPROVING AN
AGREEMENT WITH LAWRENCE WRIGHT&PARTNERS,
LLC.FOR CONSTRUCTION INSPECTION SERVICES FOR
SHERBONDY PARK_ COMMUNITY CENTER AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREEMENT; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,the City Commission of the City of Opa-locka approved Resolution 10-8101,
selecting Lawrence Wright & Partners, LLC for Construction Inspection Services for Sherbondy
Park Community Center; and
WHEREAS,the firm of Lawrence Wright,LLC is a full-service general contractor offering
general construction, construction management and design build services; and
WHEREAS, Lawrence Wright & Partners, LLC, will provide construction
management/inspections services for Sherbondy Park; and
WHEREAS, the proposed agreement with Lawrence Wright &Partners, LLC, is attached
hereto:
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of Opa-locka directs and authorizes the City Manager
to execute an agreement with Lawrence Wright & Partners, LLC, and the City of Opa-locka for
Resolution No. 10-$143
construction management/inspection services for Sherbondy Park Community Center in substantially
the form attached hereto.
Section 3. This resolution shall take effect immediately upon adoption.
NOW,THEREFORE,BE IT DULY RESOLVE])BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA:
PASSED AND ADOPTED this 13th day of October, 2010.
II
JOS ' a L. KELLEY
MA` OR
Attest:
I3 ah Irby -
City Clerk --
Approved as to form and legal sufficiency:
4 11 ,
L - ■
Jos10 .. t eller, Esq.
Ci Atto sey
Moved by: HOLMES
Seconded by: JOHNSON
Commission Vote: 4-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Tydus: YES
Vice-Mayor Taylor: NOT PRESENT
Mayor Kelley: YES
1817077 vl
TOTAL DEVELOPMENT MANAGEMENT SYSTEM AGREEMENT
Project: RFQ-10-0524 Construction Management Services For
Sherbondy Village Community Center/Miscellaneous Projects.
THIS AGREEMENT is entered into and made effective on the latest date executed below, by and
between Lawrence Wright and Partners, LLC with its principal address located at 3827 NW 125'h Street,
Miami, FL 33054 ("Manager"), and City Of Opa-Locka with its principal address located at 780
Fisherman Street, 4'n Floor, Opa-Locka, FL 33054 ("Owner"). Separately, each may be referred to as
"Party"and together as"Parties".
WHEREAS, Manager has offered to provide management services under its Total Development
Management system("TDM")to Owner for the RFQ- 10-0524 as to Sherbondy Village("Project").
WHEREAS, Owner desires to have Manager provide management services under TDM to Owner for the
Project and as further agreed.
NOW THEREFORE, in consideration of the mutual promises and obligations contained herein, and for
other good and valuable consideration,the receipt of which is hereby acknowledged, the Parties agree as
follows:
ARTICLE I. SCOPE OF TRANSACTION
Section 1.01 Engagement of Manager. Owner engages Manager to utilize the TDM system to
manage and coordinate the work on the Project("Work") and to provide those management services as
contained herein. Manager shall furnish efficient business administration and supervision, use its best
efforts to guide the Project and provide its advice to achieve all of Owner's objectives within the budget
in the most expeditious and economical manner consistent with the interest and goals of Owner. Manager
shall be solely responsible for and have control over all management services provided under this
Agreement, unless otherwise agreed in writing. To the extent that construction services are rendered it
shall be included in Work herein.
Section 1.02 Designated Personnel. Owner shall designate one representative in writing to Manager,
who shall have full authority to accept instructions,make decisions, communicate for and act on behalf of
the Owner at all times. Manager shall designate in writing the lead contact and any specialists for
communication to Manager regarding the Work. Subject to proper written notice to the other Party, each
Party may add or replace from time to time any of its designated representatives.
Section 1.03 Contract Duration-The Term of this Agreement for any Project of the Owners shall be
for one(I)year,unless extended due to delays in completing the Project.
ARTICLE II. SCOPE OF SERVICES
Section 2.01 Scope of Services - TDM System(Exhibit A). Total Development Management system
allows for customization of services to be performed by the Manager based on the Owners' needs and the
project requirements. Further the TDM system allows the Owner to understand the costs and scope
without renegotiations, while maintaining control. The provision and payment for labor, materials,
equipment, tools, transportation and all other services necessary for proper execution and completion of
the Work shall be set forth in the Contract Documents.See Addendum#1 for detail scope of services.
_-Owner Page 1 of 10 Contractor-
ARTICLE IV. COMPENSATION AND TERMS OF PAYMENT
Section 4.01 Basis of Compensation for TDM System. For Manager's services herein, the Basis of
Compensation shall be as set forth in Addendum #1 (RFQ 10-0524) for Sherbondy Village—Phase 1.
(a) Consultant Fees As may be necessary during the life of the project, Owner and Manager
agree that consultant fees(if requested in writing)and/or reimbursable costs(including mark ups)shall be
pre-approved and duly authorized prior to being billed by Manager.
(b) Reimbursable expenses shall include all costs incurred by Manager in the performance
of the Work that are not included in Staff Costs or Consultant fees. Owner shall pay as part of Manager's
compensation, reimbursable expenses, including any out of pocket costs under the TDM,will be invoiced
as an itemized expense with a 15% markup. Reimbursable expenses should be pre-approved and duly
authorized by the City prior to being billed by the Manager.
(c) TDM System services shall be performed at 2.5% of the total cost/purchases for the
customized services (and products) selected by the Owner for the Projects as part of Manager's
compensation. Such mark-up excludes third party costs,which shall be paid per above,
Section 4.02 Application for Payment. Manager shall submit monthly applications for payment on
account of its services. Payments shall be made proportionally to completion of the job/project and
payments to general contractor. Upon payment by Owner, Manager shall promptly, but in no event later
than thirty (30) days after receiving Owner's payment, pay its consultants and any subcontractors the
amounts to which they are entitled. If there is a dispute or issue with the submission, the Owner shall
raise in writing said issue within 10 days of submission for a prompt resolution within the 30 days. Any
undisputed amounts shall be timely paid.
ARTICLE V. INSURANCE
Section 5.01 Insurance, During the Construction Phase, Manager shall provide for and maintain
Worker's Compensation insurance as provided in chapter 440, Florida Statutes and the Florida
Administrative Code. For the duration of this Agreement and for all other terms and requirements Exhibit
F Enumeration of Insurance Requirements shall govern.
ARTICLE VI. TERMINATION OR SUSPENSION
Section 6,01 Termination and Suspension by Owner. Owner may terminate and suspend the
Work or services of Manager only in accordance with this Article.
Section 6.02 Termination for Convenience by Owner. Termination under this Section shall
require sixty(60)days prior written notice to Manager.
Section 6.03 Termination Payment If this Agreement is terminated in part or whole for any
reason prior to completion of the Project, Manager shall receive all compensation and other monies due
under Article IV through the effective date of termination.
Section 6.04 Termination by Owner for Cause. Owner may terminate this Agreement upon thirty
(30) days prior written notice in the event of a material breach of the terms of this Agreement by
Manager, provided such material breach is not corrected within the thirty (30) day notice period and if
cure cannot be completed within 30 days that such curative action has not begun within third days.
Owner '
Page 3 of 10 Contractor-
_
Section 8.02 No Limitations for Coverage. In claims against any person or entity indemnified under
Section 8,01 by an employee of Manager, its subcontractor, anyone directly or indirectly employed by
them or anyone for whose acts they may be liable,the indemnification obligation under Section 8.01 shall
not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for
Manager or its subcontractor under workers' compensation acts, disability benefit acts or other employee
benefit acts.
Section 8.03 Independent Contractor. Manager is an independent contractor of Owner.
Section 8.04 Interpretation. Time is of the essence with respect to the performance of every provision
of this Agreement. All Parties acknowledge and agree that this Agreement has been freely negotiated and
that in any dispute over the meaning, interpretation,validity or enforceability of this Agreement or any of
its terms or conditions, there shall be no presumption whatsoever against either Party by virtue of that
Party having drafted this Agreement or any portion thereof. All references to"days" mean calendar days,
unless expressly defined otherwise.
Section 8.05 Severabiiity. in the event that any term or provision of this Agreement is held to be illegal,
invalid or unenforceable under law, regulations or ordinances of any federal, state or local governments to
which this Agreement is subject, such term or provision, or part thereof, shall be deemed severed from
this Agreement and the remaining term(s)and provision(s)shall remain unaffected thereby.
Section 8.06 Governing Law; Venue. The law of the State of Florida (without giving effect to its
conflicts of laws principles) shall govern all matters arising under or related to this Agreement. Proper
venue for any disputes resolution proceeding shall be Miami-Dade County, Florida. The prevailing party
in any proceeding shall be entitled to an award of its attorney's fees and costs.
Section 8.0? Successors and Assigns. The benefits and burdens of this Agreement shall inure to each
Party's successors and assigns.
Section 8.08 Multiple Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be enforceable to the same extent as an original.
Section 8.09 Amendment. This Agreement may only be amended by mutual consent and signature.
Section 8.10 Entire Agreement. This Agreement contains the entire agreement between the parties
concerning its subject matter and supersedes all oral or written agreements, negotiations, correspondence,
documentation,and statements made before its acceptance and execution.
-Owner Page 5 of'10 Contractor- `,,�;
LIST OF INCORPORATED DOCUMENTS
Exhibit A: FES Proposal for Professional Services
Exhibit B: Lien Waiver and Release Forms
Exhibit C: Final Payment Lien Waiver and Release
Exhibit D:General Contractors Accord Certificate
Exhibit E: Engineers Accord Certificate
Exhibit F: Enumeration of Insurance Requirements
EXHIBIT F: ENUMERATION OF INSURANCE REQUIREMENTS
I. MANAGER'S LIABILITY INSURANCE
A. If Manager is the General Contractor for the Project, Manager shall purchase from and maintain
in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is
located such insurance as will protect Manager from claims set forth below which may arise out of or
result from Manager's operations under the Contract and for which Manager may be legally liable.
B. The insurance required by Section A shall be written for not less than limits of liability specified
in the Contract Documents or required by law,whichever coverage is less. Coverages,whether written on
an occurrence or claims made basis,shall be maintained without interruption from date of commencement
of the Work until date of final payment and termination of any coverage required to be; maintained after
final payment.
C. Certificates of insurance acceptable to Owner shall be filed with Owner prior to commencement
of the Work. These certificates and the insurance policies required by this Section shall contain a
provision that coverages afforded under the policies will not be canceled or allowed to expire until at least
30 days'prior written notice has been given to Owner.
D. OWNER HEREBY WAIVES ANY AND ALL CLAIMS, DEMANDS, DISPUTES AND
CAUSES OP ACTION OF ANY NATURE WHATSOEVER AGAINST MANAGER AS OWNER'S
REPRESENTATIVE OR MANAGER, AND ANY OF MANAGER'S AGENTS AND EMPLOYEES,
FOR ANY AND ALL LIABILITY, DAMAGE OR CONTRIBUTION, WHENEVER CAUSED,
DIRECTLY OR INDIRECTLY RELATED TO THE PROJECT DESIGN, ARCHITECTURE AND
PLANS, INCLUDING BUT NOT LIMITED TO CHANGE ORDERS.
E. Owner assumes all liability and a direct relationship with any party retained or contracted by it or
as an accommodation to it for liability purposes and shall not in any way infer, impute, shift or in any way
transfer liability to Manager.
II. OWNER'S LIABILITY INSURANCE
A. Owner shall be responsible for purchasing and maintaining Owner's usual liability insurance,
B. Owner shall not require Manager to include Owner, Architect or other persons or entities as
additional insured's on Manager's Liability Insurance.coverage under this Section.
•
-Owner Page 7 of 10 Coatract.or ._ li•
1. If during the Project construction period Owner insures properties, real or personal or both, at or
adjacent to the site by property insurance under policies separate from those insuring the Project, or if
after final payment property insurance is to be provided on the completed Project through a policy or
policies other than those insuring the Project during the construction period, Owner shall waive all rights
for damages caused by fire or other causes of loss covered by this separate property insurance. All
separate policies shall provide this waiver of subrogation by endorsement or otherwise.
J. Before an exposure to loss may occur, Owner shall file with Manager a copy of each policy that
includes insurance coverages required by this Exhibit. Each policy shall contain all generally applicable
conditions, definitions, exclusions and endorsements related to this Project Each policy shall contain a
provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced,
until at least 30 days'prior written notice has been given to Manager.
K. Waivers of Subrogation. Owner and Manager waive all rights against (t) each other and any of
their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect,
Architect's consultants, separate contractors described herein, if any, and any of their subcontractors, sub-
subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent
covered by property insurance obtained pursuant to this Section or other property insurance applicable to
the Work, except such rights as they have to proceeds of such insurance held by Owner as fiduciary,
Owner or Manager, as appropriate, shall require of the Architect, Architect's consultants, separate
contractors described herein, if any, and the subcontractors, sub-subcontractors, agents and employees of
any of them, by appropriate agreements, written where legally required for validity,similar waivers each
in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by
endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though
that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not
pay the insurance premium directly or indirectly,and whether or not the person or entity had an insurable
interest in the property damaged.
L. A loss insured under Owner's property insurance, shall be adjusted by Owner as fiduciary and
made payable to Owner as fiduciary for the insureds; as their interests may appear, subject to
requirements of any applicable mortgagee clause. Manager shalt pay Subcontractors their just shares of
insurance proceeds received by Manager, and by appropriate agreements, written where legally required
for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner.
M. If required in writing by a party in interest, Owner as fiduciary shall, upon occurrence of an
insured loss, give bond for proper performance of Owner's duties. The cost of required bonds shall be
charged against proceeds received as fiduciary. Owner shall deposit in a separate account proceeds so
received, which Owner shall distribute in accordance with such agreement as the parties in interest may
reach, or in accordance with an arbitration award in which case the procedure shall be as provided in this
Agreement. If after such loss no other special agreement is made and unless Owner terminates the
Contract for convenience, replacement of damaged property shall be performed by Manager after
notification of a Change in the Work in accordance with this Agreement.
N. Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the
parties in interest shall object in writing within five days after occurrence of loss to Owner's exercise of
this power; if such objection is made, the dispute shall be resolved as provided in this Agreement. Owner
as fiduciary shall, in the case of arbitration, make settlement with insurers in accordance with directions
of the arbitrators.If distribution of insurance proceeds by arbitration is required, the arbitrators will direct
such distribution.
I
-Owner Page 9 of 10 Contractor-
Addendum#1 (RFC) 10-0524) for Sherbondy Village—Phase 1
This Addendum shall only apply to the following scope,which Is part of the Project, and not apply to the
balance of the Project or additional work selected by owner or as required under the contract.
A. Scope of Work
i. Sr.Project Manager-On site Project Management of all field operation,
Coordination of all construction personnel and activities.Cost control scheduled Vs
Actual, Document Control for receipt of all material used on site,labor relations,
Requisition and Change Order review,monitor all scheduled activities,maintain
meeting logs.Coordination of all QA/QC, Review of submittals and product
approvals,code compliance.
ii. General Superintendent-Field Supervision and Coordination of trades.
B.
C. Negotiated Rate for Work(Total$150,000)
i. Sr. Project Manager-negotiated to $83,333(for the Phase 1)
Ii, General Field Supervisor negotiated to$66,667(for the Phase 1)
III. Fee not applicable for phase 1
TDM Services/Donated
1. Construction Management
ii. Construction supervision
LEED—(Donated).
iv. Design and Plan Review(Donated).
v. Project Collaboration(Donated).
vi. Virtual Document Management(Donated).
vii. Training(Donated).
viii. Small Business Development(Donated).
ix, Community Planning and Outreach. (Donated)
(
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Owner Initials Contractor Initials
(847465 y)