HomeMy WebLinkAboutMcKinsey Management Services, Inc.MCKINSEY MANACEMENT SERViCES′:NC.
Deslgn - Build - ProJect & Conslructlon Monogemenl
40O Tapltlo Drlve
Idaho Falls, Idaho 83401
Phone l2OEf 681-6516
CONTRACT AGREEMENT
THIS AGREEMENT, made and entered into this ZU day of .-Jn uury+V , 2016,
by and between McKinsey Management Service., Io", of iOO f-upit-ilEr3, la*,o
Falls, ID 83401, hereinafter referred to as the "O\YNER'S REP RESENTATIVE', and
Bonneville Joint School District #93, of 3497 North Ammon Road, Idaho Falls, ID
83401, hereinafter called the *OIYNER".
WITNESSETH: That for and in consideration of the mutual agreements and covenants
herein set forth, it is hereby stipulated, promised and agreed by and between the parties
hereto as follows:
I.
INDEPENDENT CONTRACTOR STATUS
The parties to this contract intend that the relation between them created by this contract
is that the O\4/NER'S REPRESENTATIVE is the independent contractor of the OWNER
and in no way an employee or agent of the OI4/NER. Nothing in this agreement shall
constitute or be construed as a creation of parhrership orjoint venture between the
OWNER'S REPRESENTATIVE ard the OIYNER. Further, no agent or employee of the
OWNER'S REPRESENTATIVE shall be deemed to be the employee or agent of the
OryNER. The OIINER shall have no control over the performance of this agreement by
the OIINER'S REPRESENTATIVE, exceptto speciff the time and place of performance
and the goals to be accomplished . OIVNER'S REPRESENTATIVE shall determine how
to accomplish the goals. None of the benefits of employment provided by the OWNERIo
its employees, including, but not limited to, worker's compensation and unemployment
insurance, are available from the OIVNERto OWNER'S REPRESENTATIVE or any of its
employees or agents. The OWNER'S REPRESENTATIZE shall assume full
responsibility for payment ofall federal, state, and local taxes or contributions imposed
or required with respect to the OIYNER'S REPRESENTATIZE S employees engaged in
the performance of the agreement. The OIINER'S REPRESENTATIIIE will solely and
entirely be responsible for his acts and for the acts of the OIYNER'S
REPRESENTATIVE'S agents, employees and subcontractors during the performance of
this contract. T\e OIINER'S REPRESENTATIVE has ro authority to enter into contracts
or agreements, or to incur any expenses, obligations, or liabilities, on behalf of OILNER.
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MCKiNSEY MANACEMENT SERV:CES,iNC.
Deslgn - Bulld - ProJecl & Conslrucllon Monogement
I
THE WORK OF THIS CONTRACT
The OWNER'S REPRESENTATIVE agrees to perform Owner's Representative services
in connection with the design and construction ofthe New Bonneville Joint School
District #93 High School project, as required by the Contract Documents. The work
scope to be performed includes, but is not limited to, the following:
e Coordination and problem resolution of design work with architects,
engineers, and OWNER.
o Constant monitoring of budget and schedule with updates to the OWNER.
o Coordination of construction documents, bid schedule and evaluations of
same, with architects, engineers , ar:,d, OllNER.
o Coordination ofbuilding permits issuance.
. Coordination and problem resolution of construction activities with
architect, engineers, inspection agencies, general contractor,
subcontractors, and' O IV N E R.
o Coordination ofdesign and construction meetings on behalf of the
OWNER and regularly update the OIVNER with information received at
those meetings.
o Coordination of project completion and tumover to OWNER.
III.
TIⅣIE OF COPlⅣIENCEMENT
ne wsrk tO be perfo.1lled under this Contract shall conlmcncc on the date ofthis
Agreement,as flrst wntten abovc,unless a difLrent date is stated below by thc O″りヽER
IV.
COMPENSAT10N
neο ″wER agrecsto pay to thc O″ⅣER S REPRES夕 ヽ1ル 4爾 /E for the duties
perfo.11led under this Agreement a fee notto exceed S385.000
v.
PROGRESS PAYMENTS
Invoices fot the OWNER'S REPRESENTATIVE'S fee shall be submitted monthly to the
OlyNER. The invoices will be based on a mutually agreed upon schedule ofpayments.
Payment will be made within 30 days of receipt of a properly formed invoice for services
rendered.
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MCK:NSEY MANACEMENT SERViCES,:NC.
Design - Bulld - Projecl & Conslrucllon Monogemenl
The acceptance ofeach monthly payment shall constitute a waiver ofall claims by the
OWNER'S REPRESENTATIVE except those previously made in writing and identified by
the OWNER'S REPRESENTATIZE as unsettled at the time of the Final Payment request.
vI.
ENUMERATION OF CONTRACT DOCUMENTS
The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
o This Agreement betweenthe OWNER and OIINER'S REPRESENTATIVE.
o The Agreements between the OIINER and the DESIGN PROFESSIONALS.
o The Agreements between the OIYNER and lhe Clul/GC or GC.
o Specifications and Drawings for the new HIGH SCHOOL project.
vII.
INDEMNIFICATION
The OWNER'S REPRESENTATIVE agrees to indemnifr and hold the OIVNER harmless
from any liability, loss, claims, actions, or damages based upon or arising out ofor in any
way connected wilh the OWNER'S REPRESENTATIZE S performance of the contract or
by conditions created thereby.
vm.
TERJVIINATION
fu-Q , In the event of a breach by the OWNER'S REPRESENTATIVE of any
of the provisions ofthis contract, or in the event of inattention, incompetency, or
carelessness in the performance ofany particular job or work contracted for by
this contract, or in the event that the OWNER'S REPRESENTATIIIE shall conduct
the work in any manner as, in the sole discretion of the Board of Trustees, shall
endanger the OIINER'S ptoperty or surrounding property, the OWNER shall have
the right to terminate this contract immediately.
Without Cause: Either party may, in its sole discretion, terminate this agreement
by giving the other party written notice thirty (30) days prior to the effective date
of such termination.
2.
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MCKiNSEY MANACEMENTSERⅥCES,:NC.
Design - Bulld - Prolect & Construclion Monogemenl
IX.
ENTIRE AGREEMENT
This document shall constitute the entire agreement between the parties. Any prior
understanding or representation ofany kind preceding the date of this agreement shall not
be binding upon either party except to the extent incorporated in this agreement.
vronrrrtiuoxs
Any modification ofthis agreement or additional obligation assumed by either party in
corurection with this agreement shall be binding only ifevidenced in writing signed by
each party or an authorized representative ofeach party.
xr.
INSURANCE
The OWNER'S REPRESENTATIVE shall procure and maintain workers' compensation
insurance as required by Idaho law, and Commercial General Liability Insurance in the
sum ofnot less than $1,000,000.00. T"he OIINER shall be listed as an "additional
insured" under the OWNER'S REPRESENTATIVE'S insurance policies. Certificates of
insurance showing required coverage to be in force shall be filed with the OIYNER upon
execution of this Agreement.
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MCKINSEY MANACEMENT SERV:CES,iNC.
Design‐Bυ ∥d‐PrOleCI a cons,『uc∥on Managemeni
IN WITNESS WIIEREOF,the said partics have cxecuted this agreemcnt the day and
year flrst wntten abovc
ATTEST:
OWNER
BONNEViLLE JOINT SCH00L D:STR:CT#93
ATTEST:
OWNER'S
REPRESENTATIVE
MCK:NSEY MANACEMENT SERViCES,:NC
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