Courthouse Square Agreements (compiled notebook)

Home Browse Search

~ 6.2 Change order autbo~•iry limited to ,510,000. This is still subject to some debate. 6.8 Substituted Owner to co~ jonn to agreement between owner and architect. 7.2 Although last sentence deleted, this does not imply that Manager is responsible for cost to cure. That would not be the case except in cases ojnegligence by Manager. 7.5 Added back the paragraph on public reports. I see county and h•ansit relying on Manager to monitor this area and be sure reports are filed. If any. 7.8 Added section for additional services. Allows jor aniendntettt ij needed to provide for ext~•a services not covered in contract. 8.1 Deleted sentence limiting liabiliry to amount ojinsurance. We set insurance at levels likely to cover losses. But indemnity is promise to stand up jor damages Ma~tage~• causes, insured or not. IJ limit to insurance levels, indemniry is virtually meaningless. 8.2.3 1 assume E and O coverage wil! be a claims made policy. Added back tl~e one year pe~•iod. It gives owner a change to discover and make clai»1 up to one year after Manager's work complete. l1. Changed language to apply only to FI'A contract requirements in addendum app/icable to Manager and Project. This is done to reflect transit's view that FTA will not accept modifrcation ojt{re addendum as you have proposed. Given F7'A's heightened scr-utiny, I can't argue with this position. I think we need to return to original addendum in Ezhibit A. Exhibit B 1 modrfred provisions to incorpo~-ate recent legislative cl~anges concerning wages and hours, which ~r should be »rore javorable to you. Schedule 2 Major changes. 2.1.01 1 assume sonre consb~uction managenrent services have been perjonned and paynrent will be due when we get this contract done. 2.1.02 Transit does question t/~e S% cost for change orders. 1 paraphrased w/~at you told me, that the basic fee was not based on any assumed change orders because you never know how many there will be. My example was $50,000 on 51,000,000 iri total change orders. This is a number I wauld consider based on the likely contin- gency fund for the project. 2.1.0.? Transit and I agree that reinrbursable expenses a~~e easier to pay when based on costs jor identified items rather than a,lat fee. I've reir~d•oduced section 2.2. 2.1.04 There is a statutory provision for pronrpt payment. It frzes the interest amount, when payment must be made, and other provisions when tl~e owner is tardy. It seemed simpler to just rely on the statute. 2.3 1 added a section for additional se~vices to ident~ rates oJpay for services. As we discussed, it is my hope that you can establish a rate that will compensate your company, although 1 understa~ld you do not ordinarily bill in this jashion. f1MENDMEIV7' I am stil! drajtir~g a jonn of amendme»t for p~•e-construction services. 1 pulled the list of services Jrom your listing. I'll add sections jor payment a»tourrt, and some rneans of determining when services finished. ~ cc: Rebecca Tom, esq. [503-585-3978J