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Home My WebLink AboutMcKinsey Management Services 2018-19MCKINSEY MANAGEMENT SERVICES, INC. Design -Build • Project & Constructloo Management 400 Tapitio Drtve Idaho Falls, Idaho 83401 Phone (208) 681-6516 O\VNER'S RF..PRF..SF.NTATIVF.. AGRRF..:\:fF..'JT THIS AGJU:E!VIBNT, 1m1de and entered into this 13 day of .::fV,..1:!' ,2018, by and between J.VlcKinsey Management Scrvjccs, Inc., ol' 400 Tapitio Drive, 1d.aho Falb, TD ~3401, hereinafter referred to as the "OWNER'S REPRESENTATIVE', aml Donncvillc Joint School District #93, of3497 No1th .4..trunon Road, Idaho falls, ID 8340 I, hereinafter ci11led the "OWNJtR". WlTNESSETII: That for and in consideral ion oI' them ulual agreements ·<md covenants herein set forth, it i.s hereby stipulated, promised aml agi:ee<l by and between ilie parties hereto us follows: l. JNl>El'l{N'DEl'\T CONTRACTOR STATUS TI1e parties to this contract intend that the relation between them created by iliis contract is that the O'WNRR 'S REPRJiSENTA11VE is the independent contractor ofthe OWNER and in no wi~y 1m employee or agent ofthe OW/VliR. Nothing in this agreement shall constitute or be construed iis a cttmlion orpartnership or joint venture between the 01fNf,R 'S REPRJ:;sENTATIVE imd the OWNRR. further, no agent or empl(lyee orthe OWN.F:R 'SR HPllESEN1'A'J'IVE shall be deemed to be the employee or agent ofthe OWNER. The OWNF,R shall have no control over the performance ofthis agreement by the OWNER~')RE.PR RS!';NTATIVE, cxe<...--pt to specify the time and place ofperformance and tltc goa!s to be accomplbhed. OWNRR 'S REPRESF.N'l'.lfTIVE shall delcnninc how to accomplish the goals. )Tone ofthe bene:l:ils oremployment provided by the OWNRR to its en1ployees, including, but not limited to, worker's «.:·ompen$ation mid unemployment insurance, 11re available from the OWN.liR to OWNER ;c:; REI'REi':IE1\TATIVE or any of its employees or agen(s. The OWNER. 'S R1!.PR1£SEN1'.111Vli shall assume full responsibility for payment orall ledernl, state, and local taxes or contributions imposed or,.equircd with respect to the OWNF:R'S.RF,PRRSF:lvTAT/VR'Semployees engaged in tht! perfonnancc ofthe agreement. The OWNER'S RET'RRSRNTATIVR will ~o]ely imd entirely be responsible for his acts and for the acts ofthe OWNER'S REPRESElv7ATTVE'S agents, employees and subcontractors during the performance of this contract. The OWNRR'S RRPRHSli:VTA'/1VEhas no autJ1ority to enter into contracts or agreements, or to incu( any exptmses, obligations, or liabilities, on behalf ofOWNER. PAGE-1 MCKINSEY MANAGEMENT SERVICES, INC. Design • Build • Project & Construction Management JI. THE \\'ORK OF THIS COJ'iTRACT T11c OWN.t;R 'S lllil'RESE1\IATTVF: agree.s to perform Owner's l:{cprcscntative services in conncction with the design ~nd con:;lruclion ofthe New Bonneville Joint Schoo[ District #93 YlidcUc .School pl'Oject, a~ required by the Contract Documents. The work scope Lo he p~rfomtcd·iucludes, bt1t is not limited lo, the following: • Coordinalion and problem resolutiou ofdesign work with architects, engineer~, and 0 WNER. • Constant ruouitori.ng ofbudget and :;chedule with update~ to the OIYNliR. • Assistance in crcatiug and monitoring compliance with Conlrncl Documents, bid schcd11lc and evaluations ofsi1me, with an:hiLecls, e11gineers, and OWNJiR. • Coordination ofb\tilding pem1its issuance. • Coordination and problem resolution ofconstruclio•l activities with architect, engineers, i..nspe<..'tion agencies, genernl contractor, subcomTactors. aud OWNER. • Coordi1mlion ofdesign a11d construction meetings on behalf ofthe OTf'NER and regularly \1rdate the OWNER with information received at those meetings. • Coordinatiou of pr(ljcct completion and turnover to OWNRR. llT. Tl)1E OF COJ\11\.11\.NCEMF:NT The work to be performed under this Contrnd shall commence 011 the date ofthis A1:,<reeme11t, as tirst written above, unless <1 di nerenl dale is slated hclow by the OWNER. IV. COMPF.JllSATION The OWNliR agrees to pay to lhe OWNF,R 'S REPRESliN1'.111V.t; for the duties performed under this Agreement a lee or$250,000 to be fully paid no later than 30 days following the completion and turnover ofhuildi11g and premises to OWNli.R. v. PROGRESS PAY.\11£NTS Invoices for lhe Olf'NF,R 'S REPRliSEN'l'.11'1VE S fee shall be subxnilted monthly to the O WN.t:R. The invoice$ wi 11 be ha~cd on a mutually agreed upon scheduk ofpu.yment~. Payment will be made wilhin 30 days ofreceipt of a properly formed invoice for services rendered. f'J\ClF.. 2 MCKINSEY MANAGEMENT SERVICES, INC. Design • Build • Project & Consf\'uctlon Monogement The acceptance ofeach monthly payn:u:mt ~hall conslitute a waiver ofall claims by the OWNF,R 'S REP RJi.SliNT ATIVE except those previously n\ade in wri ling and identiffod by tlie OWNF.R 'S REPRESEN'JA1lVE as unsettled at the time ofthe Final Payment request. VI. ENUMl!:RATION OF CONTRACT DOCUMENTS The Contract Documents, except for Modifi.cu1ioris issued aller execulion ortbis Ai,,rn::emenl, are enumerated as follows: • This i\grccmcnt between the OW!VRR and 01f'NF,R 'S RF,PRF:.'iRNT4T/VF,. • The Agn:ements between the OWNliR and the lJJJSIGN 1'1{0F'ESS10NALS. • The Agreements between. the OfVlliRR and lhe Cit4/(1C. • Speci fiealions and Drawings for the new MlDDLE SCIIOOL project. VTJ. lNDEMNIFICATION The OWNF,R 'S Rt::PRES£Nl'ATIVE agrees to indemnify imd hold the OWNER harmless from uny Jiabilily, loss, claims, actions, or damages based upon or misi.ng out ofor in any way connected wilh the OWNli.R S REPR.t:St:N1'.11'1V£'S performance of the contract or hy conditions created thereby. VIII. Tf:RMlNATION 1. l<'or Cause: In the eventofi1 brei1ch by the OW:VF.R·s RRPRRSF,NTATIVF. oJ'any ol' the provisions of this contract, or in the event orinattention, incompeteucy, or careles.~ness in the performance ofany paitic11larjob or work c;-0nt.ra(.,ied for by this conlracl, or in the event that the OWNER'S J{El'RESENTATIVE shall conduct the work in any manner as, in the sole discretion of the Board ofTmstces.• shall cndan~er the OW'NER'S properly ot surrounding property, the OWNER shall have the right to terminate this contrl!CI immedii1tel y. 2. \\'itlmut Cause: Either party may, in its sole discretion, terminate this agreement by i,,ri.ving the other party written notice thirty (30) days prior to the effective date of such tem1inulion. PAGTI-3 MCKINSEY MANAGEMENT SERVICES, INC. Design -Build -Project & Construction Management IX. lf.N'Jlllli AGREEM:ENT This document shall constitute the eutire agree1IJent belw<::en the parties. i\ny prior under>tan<ling (>r noprcscntation ofany kind preceding the date of this agreement shall not be binding upon either party except to the extent incorpornted in this agreement. x. :YIOJ>TFICATlQ:"(S Any modi lication ofdlis agreement or additional obligation a'{Swncd by either party iu connl:Vtion \•i lh this agrecrueut shnl.I ti<: bindit:1g only it'e>idenccd in writing si&ncd by each party or an authorized representative ofem:h party. XI. l!'IS\:-RANCJ: Tbe OJ'VNF;R 'S Rli.PRJ;SJJ.!v"JATIVE shall pr~icure and maintain workers' compensation insurnut'e as required by Idaho !Aw, aniJ Co1\1mercial General Liability l.nsuran.cc in the sum ofnot less than $1,000,000.00. The Olr"NER shall he lisle<l as an "additil)Jtal insured" uuder tl1e OWNRR '8 R£P ll£.SJ::J.VrATIVE 'S il1>urance policies. Certi licatcs of insurance showing requir~ c~•"eraic to b;: in force sbaU be filed ...,?lh th:~ Off/ll'F,R upon o::x~ulion ofthis AgreemeI1t XII. :-!OTfCES Any 11oticc 11uder this Agreement sh.all be in writing natl sh1ill be dfoc.:tive when aelually <leHvcrcd or three (3) days aller being deposited in the U.S. muil, regi~!t11•ti<l or cerlilled, postage prepaid and addre~sed to lhe party at the address stated in this Agteemem or ~uch tither address as either p11rty may designate by \vTitlcn 11otice to the other. XIU. LA\V GOVERNING This Agreement shall be governed by ll!ld cooslnte<l in accordance with the laws ofthe State ofIdttho. XIV. ATTORNRY FEES Jn the c.::vcnt an arbitration, ~uit ~·r action is brought by either party under th.i:; Agr~rnenl t.o enlbrue any of its terms, or in any uppeal Lhercfrom, it is agreed tlult the prev11ili.ng 1'1\C'iF.-4 MCKINSEY MANAGEMENT SERVICES, INC. Design • Build. Project & Construction Management piuty sh111l be entilled to rca.~onablc attorney foes to be fixed by the arbitrator, trial court and/or appellate courl. xv. GOOD FAITH, COOl'ERATlV.I:: ANO l>Ol!: l>lLlGBJ\C.1£ The parties covenant, warrant and represent to each other good faith, complete cooperntio11, du<:i diligence and honesty in fact in the performance ofall obligations of the parties pursuant to thi~ Agreement. J\11 promises and covenants arc mutual and dependent. IN WITN"F.SS \VHERl£0.F, the said parties have executed this agreement the day and year first wrill<:in above. ATTF.ST: O'WNER BONNEVILLE JOINT SCHOOL DISTRICT #93 Ry~/F Title t"A!tt~lt"lrlif,.,_ -F"rN~lJ:,11A..1::1> ATTEST: OWNER'S REPRESENTA TIVI!: MCKINSEY MANAGEMENT SERVICES, INC I'/\GE·5