CONSTRUCTION PROJECT MANAGEMENT AGREEMENT
THIS CONSTRUCTION PROJECT MANAGEMENT AGREEMENT (the “Agreement”) is made on xxxxx (the "Effective Date") by and between xxxxxxxxx (the “Client”) and Baumeister Inc. of xxxxxxxxxxxxxxxx (the “Project Manager”).
WHEREAS the Client intends to undertake the renovation
project described as follows:
xxxxxxxxxxxx (the “Project”) on xxxxxxxxxx (the “Premises”);
WHEREAS the Project Manager provides services for the overseeing, execution and managing of construction projects for its clients;
WHEREAS the Client desires to obtain the services of the Project Manager to assist with the overseeing, execution and managing of the Project; and
WHEREAS the Client and the Project Manager wish to enter into this Agreement to provide for the terms and conditions of the services to be offered and obtained by the Client and the Project Manager.
NOW THEREFORE in consideration of the mutual promises and agreement contained in this Agreement, and other good and valuable consideration, the parties hereto agree as follows:
1.00 SCOPE OF MANAGEMENT SERVICES
1.01 The Project Manager shall perform the Management Services which are outlined on Schedule “A” annexed hereto (the “Management Services”), as amended from time to time, by the mutual written authorization of the Client and the Project Manager.
1.02 The Project Manager shall perform the Management Services in a timely and professional manner and in accordance with industry standards.
1.03 All of the Management Services to be performed by the Project Manager contemplated herein shall be performed by experienced personnel capable of managing the Project from beginning to end including, without limitation, planning, execution, implementation and completion.
2.01 The term of this Agreement will be for the completion of the “Project” (the “Term”) and such Term will commence on xxxxxxxxxx. The expected construction duration is x - x months.
3.01 The Client
agrees to the pay to the Project Manager the sum of xxxxx Dollars (xxxxxxx-dollars)
(the “Management Fee”) for all stages of the Project, from the planning stage
Any substantial changes to the initial Scope shall be governed via a separate Agreement.
The Management Fee shall be payable by way of cash, check, bank draft or money order and shall be payable as follows:
$xxxxxxx Retainer at Signing of Agreement to begin the permit process, obtain and evaluate bids and organize project commencement.
$xxxxxxxxx Payable in x monthly payments of $ xxxxxx each, due on the 1st of very month beginning on xxxxxxx
$ xxxxxx Holdback amount until all final building inspections have passed.
Any out-of-pocket expenses or additional costs the Project Manager may incur as a direct result of performing the Management Services shall be reimbursed by the Client to the Project Manager within 30 days of the Project Manager providing an invoice to the Client for same.
3.02 The actual
cost of Construction will be funded directly by client.
4.00 EMPLOYEES OF PROJECT MANAGER
4.01 The Project Manager represents and warrants to the Client that the Project Manager will be solely liable for any and all wages due and owing to any employee of the Project Manager. The Project Manger shall be solely responsible for the remittance of any and all taxes which are due and owing to the appropriate governmental authority and shall indemnify the Client in respect to same.
5.00 BOOKS AND RECORDS
5.01 The Project Manager shall at all times keep accurate and up-to-date books and records regarding the Project and shall have such books and records readily available for inspection by the Client upon the Client providing 3 days advance written notice of its intention to review such books and records.
5.01 The Project Manager shall keep all books and records for a period of 5 year(s) after the expiration date of this Agreement.
6.00 INSURANCE, LICENSES, LIEN WAIVERS
6.01 Prior to the Project Manager commencing any of the Management Services contemplated herein, the Project Manager shall provide to the Client copies of all required licenses, general commercial liability and Workers Compensation coverage of all contractors working on the project. Such insurance policies shall be kept in good standing throughout the duration of the construction and shall be maintained in such amounts in accordance with industry standards.
6.02 The Project Manager shall provide Lien Waivers Prior to payment of any Holdback Payments to contractors.
7.01 The Project Manger agrees to indemnify and hold the Client harmless from and against any and all costs, attorneys’ fees, and damages arising out of any bodily injury or death to persons or damages to property which may be caused by or may result from the negligence of the Project Manager, its agents or employees. This provision shall survive the termination of this Agreement.
7.02 The Client hereby agrees to indemnify and hold the Project Manager, its agents and employees, harmless from and against any costs, attorney fees’ and damages arising out of any bodily injury or death to persons or damage to property which may be caused by or results from the negligence of the Client. This provision shall survive the termination of this Agreement.
8.01 In the event either party violates any terms or conditions of this Agreement and fails to remedy such violation within 30 days after receiving notice from the other party, then the aggrieved party shall be entitled to terminate this Agreement.
9.01 Each party agrees to keep secret and to treat with confidentiality each other party’s information and, except as required by applicable law (upon advise of legal counsel) or with the disclosing party’s prior written consent, not to disclose any of any other party’s information for any purpose whatsoever other than in connection with its consideration, evaluation and performance. Each party agrees to limit dissemination of each other party’s information to such persons within the party receiving such information who need to know such information for purposes of evaluating or performing the transaction, are informed of the confidential nature of the information, and agree to be bound by the terms and conditions of this Agreement. Each party shall be responsible for any and all breaches of this Agreement by such party’s officers, directors, agents, employees and representatives. Further, each party agrees, except as required by applicable law or with the other party’s prior written consent, not to disclose to any person or entity whatsoever; (a) any proposed terms, conditions or other information relating to the Project, or (b) the existence of this Agreement.
10.01 Any notices to be delivered pursuant to this Agreement shall be delivered to:
In the case of the Project Manager to:
In the case of the Client to:
11.00 GENERAL PROVISIONS
11.01 This Agreement constitutes the entire agreement between the Project Manager and the Client and supersedes all prior agreements whether oral or written.
11.02 Neither party hereto may assign any or all of its rights and obligations provided for or referred to in this Agreement without the prior written approval of the other party.
11.03 This Agreement shall be construed and governed by the laws of the State of Connecticut.
11.04 Should any provision or provisions of this Agreement and/or its conditions be illegal or not enforceable, it or they shall be considered separate and severable from this Agreement and its remaining provisions and conditions shall remain in force and be binding upon the parties hereto as though the said provision or provisions or conditions had never been included.
11.05 Whenever throughout these presents there is any mention of or references to the Project Manager or the Client, such mention or reference shall be deemed to extend to and include the heirs, executors, administrators, successors and assigns of the Project Manager and of the Client.
11.06 Arbitration. Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.
IN WITNESS WHEREOF the Project Manager and the Client have hereunto set their hands and seals as of xxxxxxxx
DUTIES OF Project MANAGER
Subject to the direction and control of the Owner, the Project Manager shall on behalf of the Client:
1. Provide administrative, management and related services to coordinate scheduled activities and responsibilities of the various Contractors with each other and with those of the Manager and the Owner to endeavor to manage the Project in accordance with the latest approved estimates of construction cost, the Project schedule and the Contract Documents (as defined in the agreements between the Owner and the Contractors);
2. Represent and supervise all aspects of construction while the work is being performed;
3. Schedule and coordinate the sequence of construction in accordance with the plans, specifications and the latest approved Project construction schedule;
4. Schedule utilities and their installation;
5. Report and consult with the Owner for construction decisions;
6. Receive bids, prepare bid analysis and make recommendations to the Owner for the Owner's award of contracts or rejection of bids;
7. Assist the Owner in obtaining building permits and special permits for permanent improvements, except for trade permits required to be obtained by the various Contractors;
8. Review requests for changes, assist in negotiating Contractor's proposals, submit recommendations to the Owner, and, if they are accepted, prepare appropriate Change Orders;
9. Coordinate the sequence of construction and assignment of space in areas where the Contractors are performing work and/or storing materials;
10. Maintain accounting records on all authorized work and develop and implement procedures for the review and processing of applications by Contractors for progress and final payments. In addition, based upon the Manager's observations and evaluations of each Contractor's Application for Payment, review and certify amounts due the respective Contractors;
11. Schedule and conduct meetings with the Contractors and the Owner to discuss such matters as procedures, progress and scheduling;
12. Photograph the work as it progresses and retain for reference;
13. Make known to all Contractors that each Contractor shall he responsible to remove all debris and keep site in a clean, safe condition;
14. Maintain at the Project site for the Owner, one record copy of all Contract Documents, drawings, specifications, addenda, Change Orders and other modifications, in good order and marked currently to record changes and selections made during construction, and in addition, approved Shop Drawings, product data, samples and similar submittals;
15. Determine in general that the work of each Contractor is being performed in accordance with the requirements of the Contract Documents, endeavoring to guard against defects and deficiencies in the work. As appropriate, the Manager shall have authority, upon written authorization from the Owner, to require additional inspection or testing of the work, whether such work is fabricated, installed or completed. The Manager, in consultation with the Owner, may reject work which does not conform to the requirements of the Contract Documents;
16. Endeavor to obtain satisfactory performance from each of' the Contractors. The Manager shall recommend courses of action to the Owner when requirements of the Contract are not being fulfilled.
17. It shall be the obligation of the Project Manager to endeavor that the project stay within the established budget by Owner approved bids, based on approved scope of work. Project Manager shall monitor expenses and any subsequent items over budget shall be discussed with Client and have items over budget approved or disapproved.