CONSTRUCTION MANAGEMENT AGREEMENT
BETWEEN
THE NEW YORK TIMES BUILDING, LLC,
OWNER,
and
AMEC CONSTRUCTION MANAGEMENT, INC.,
CONSTRUCTION MANAGER
TABLE OF CONTENTS
|
ARTICLE 1 DEFINITIONS |
|
|
|
|
|
ARTICLE 2 GENERAL PROVISIONS |
|
|
|
|
2.1 |
RELATIONSHIP OF THE PARTIES |
|
2.2 |
CONTRACT DOCUMENTS |
|
2.3 |
CONSTRUCTION MANAGER’S GENERAL OBLIGATIONS |
|
2.4 |
ETHICAL OBLIGATIONS |
|
2.5 |
EQUAL OPPORTUNITY |
|
2.6 |
COOPERATION WITH INTERIOR CONSTRUCTION MANAGER, TRADE CONTRACTORS AND ARCHITECT |
|
|
|
ARTICLE 3 PRE-CONSTRUCTION PHASE |
|
|
|
|
3.1 |
PRE-CONSTRUCTION PHASE SERVICES |
|
|
|
ARTICLE 4 CONSTRUCTION PHASE |
|
|
|
|
4.1 |
PERFORMANCE OF THE WORK |
|
4.2 |
COORDINATION WITH INTERIORS WORK |
|
4.3 |
BIDDING PROCESS |
|
4.4 |
TRADE CONTRACTS |
|
4.5 |
CONSTRUCTION PHASE SCOPE OF WORK |
|
4.6 |
WARRANTIES |
|
4.7 |
COMPLIANCE WITH AFFIRMATIVE ACTION REQUIREMENTS |
|
|
|
ARTICLE 5 MANAGEMENT OF THE WORK |
|
|
|
|
5.1 |
KEY EMPLOYEES |
|
5.2 |
SUPPORT STAFF |
|
5.3 |
AUTHORIZED REPRESENTATIVES |
|
|
|
ARTICLE 6 PAYMENT |
|
|
|
|
6.1 |
PHASES |
|
6.2 |
PAYMENTS |
|
6.3 |
PAYMENT DOES NOT CONSTITUTE ACCEPTANCE |
|
6.4 |
INCENTIVE BONUSES |
|
|
|
ARTICLE 7 GUARANTEED MAXIMUM PRICE |
|
|
|
|
7.1 |
GMP |
|
7.2 |
TRADE CONTRACT COSTS |
|
7.3 |
GENERAL CONDITIONS COSTS |
|
7.4 |
CONSTRUCTION CONTINGENCY |
|
7.5 |
CONSTRUCTION MANAGER ACKNOWLEDGMENT OF INCOMPLETE DESIGN DOCUMENTS |
|
|
|
ARTICLE 8 COSTS OF THE WORK |
|
|
|
|
8.1 |
LIMITATION ON COSTS OF THE WORK |
|
8.2 |
TRADE CONTRACT COSTS |
|
8.3 |
GENERAL CONDITIONS COSTS |
|
8.4 |
BACK-UP DOCUMENTATION |
|
8.5 |
CONTROL OF COSTS OF THE WORK |
|
|
|
ii
|
ARTICLE 9 NON-REIMBURSABLE COSTS |
|
|
|
|
9.1 |
NON-REIMBURSABLE COSTS |
|
|
|
ARTICLE 10 CHANGES IN THE WORK |
|
|
|
|
10.1 |
CHANGE ORDERS |
|
10.2 |
MATERIAL CHANGE |
|
10.3 |
FIELD DIRECTIVE |
|
10.4 |
EMERGENCY CHANGE ORDER |
|
10.5 |
FULL PAYMENT FOR CHANGE ORDERS |
|
10.6 |
BACKCHARGES |
|
10.7 |
CHANGE ORDER-RELATED TIME EXTENSIONS |
|
|
|
ARTICLE 11 SCHEDULE OF THE WORK AND OCCUPANCY |
|
|
|
|
11.1 |
PROJECT SCHEDULE |
|
11.2 |
CPM SCHEDULE |
|
11.3 |
UPDATES TO CPM SCHEDULE |
|
11.4 |
TIME OF THE ESSENCE |
|
11.5 |
REQUIREMENTS FOR SUBSTANTIAL COMPLETION |
|
11.6 |
REQUIREMENTS FOR FINAL COMPLETION |
|
11.7 |
TIME EXTENSIONS |
|
11.8 |
COMPENSATION FOR DELAY |
|
11.9 |
ACCELERATION OF THE WORK |
|
11.10 |
MODIFICATIONS TO PROJECT SCHEDULE |
|
|
|
ARTICLE 12 SEPARATE CONTRACTORS |
|
|
|
|
12.1 |
OWNER’S RIGHT TO ENGAGE SEPARATE CONTRACTORS |
|
12.2 |
COOPERATION AND COORDINATION WITH SEPARATE CONTRACTORS |
|
12.3 |
SEPARATE CONTRACTOR-RELATED SUSPENSIONS |
|
12.4 |
DAMAGE TO WORK |
|
|
|
ARTICLE 13 ACCOUNTING RECORDS |
|
|
|
|
13.1 |
PROJECT ACCOUNTING RECORDS |
|
13.2 |
MAINTENANCE OF PROJECT ACCOUNTING BOOKS AND RECORDS |
|
13.3 |
AUDITS |
|
13.4 |
PRESERVATION OF PROJECT RECORDS |
|
|
|
ARTICLE 14 BONDS AND INSURANCE |
|
|
|
|
14.1 |
BOND REQUIREMENTS |
|
14.2 |
INSURANCE REQUIREMENTS |
|
|
|
ARTICLE 15 HAZARDOUS MATERIALS |
|
|
|
|
15.1 |
GENERAL REQUIREMENTS |
|
15.2 |
HAZARDOUS MATERIALS BROUGHT TO SITE OR GENERATED BY CONSTRUCTION MANAGER AND/OR TRADE CONTRACTORS |
|
15.3 |
HAZARDOUS MATERIALS IDENTIFIED IN CONTRACT DOCUMENTS |
|
15.4 |
UNIDENTIFIED HAZARDOUS MATERIALS |
|
|
|
ARTICLE 16 TERMINATION AND SUSPENSION |
|
|
|
|
16.1 |
TERMINATION FOR DEFAULT |
|
16.2 |
TERMINATION FOR CONVENIENCE |
|
16.3 |
SUSPENSION |
|
16.4 |
TERMINATION OF OWNER BY CONSTRUCTION MANAGER |
|
|
|
iii
|
ARTICLE 17 DISPUTE RESOLUTION |
|
|
|
|
17.1 |
LITIGATION |
|
17.2 |
CONTINUATION OF WORK |
|
17.3 |
PREVAILING PARTY AT TRIAL |
|
|
|
ARTICLE 18 MISCELLANEOUS PROVISIONS |
|
|
|
|
18.1 |
PRACTICE OF ARCHITECTURE AND/OR ENGINEERING |
|
18.2 |
EFFECTIVENESS OF AGREEMENT |
|
18.3 |
SURVIVAL OF OBLIGATIONS |
|
18.4 |
ASSIGNMENT |
|
18.5 |
CONFIDENTIALITY |
|
18.6 |
TRUST ACCOUNT |
|
18.7 |
NOTICES |
|
18.8 |
CONSTRUCTION OF LANGUAGE |
|
18.9 |
CAPTIONS AND TITLES |
|
18.10 |
NO WAIVER |
|
18.11 |
INDEMNIFICATION |
|
18.12 |
SEVERABILITY |
|
18.13 |
ARCHITECT AND OWNER CONSULTANTS |
|
18.14 |
RIGHTS AND REMEDIES |
|
18.15 |
GOVERNING LAW AND CONSENT TO JURISDICTION |
|
18.16 |
INTERPRETATIONS IN WRITING |
|
18.17 |
INDEPENDENT CONTRACTOR |
|
18.18 |
LIMITED RECOURSE |
|
|
|
iv
|
EXHIBIT A |
Project Description |
|
|
|
|
EXHIBIT B |
Trade Contract Form |
|
|
|
|
EXHIBIT C |
Preliminary Schedule |
|
|
|
|
EXHIBIT D |
General Conditions Items |
|
|
|
|
EXHIBIT E |
Not Used |
|
|
|
|
EXHIBIT F |
Preliminary List of Drawings and Specifications |
|
|
|
|
EXHIBIT G |
Affirmative Action Requirements |
|
|
|
|
EXHIBIT H |
Waiver of Lien and Release Forms |
|
|
|
|
EXHIBIT I |
Consultants |
|
|
|
|
EXHIBIT J |
OCIP Manual |
|
|
|
|
EXHIBIT K |
Project Website Guidelines |
|
|
|
|
EXHIBIT L |
Key Employee Affidavit |
|
|
|
|
EXHIBIT M |
Key Employees |
|
|
|
|
EXHIBIT N |
Not Used |
|
|
|
|
EXHIBIT O |
Qualifications and Assumptions |