The county board approved a contract with Karr Tuckpointing of Vinton, Iowa on Tuesday, April 12, 2011 for repairs to be done this summer on the outside of the courthouse building. Some of the cost will be covered by grant funding.
The contract includes some very customer-friendly wording. Among some of the services included in the $35,237 price are listed on the right.
The county board also approved a contract with ORB Management for management of the Grand Marais Library addition, which will be funded through the 1% county sales and use tax. In contrast to the county’s contract with Karr Tuckpointing, the contract with ORB outlines in detail responsibilities that will be kept in the hands of the county. One difference to note between the two contracts is that the contract with Karr is with the company that will be doing the work, and the contract with ORB is with the company that will be overseeing the contractors who do the work.
The library contract states, “The county shall not hold the construction manager liable for any error in judgment or any mistake of fact or law, or for anything that the construction manager may do or refrain from doing, except in cases of willful misconduct or gross negligence. … Either party may suspend or terminate this library construction management agreement upon 60 days written notice to the other party.”
The contract outlines the many ways ORB will oversee and coordinate the design and implementation of the project.
The county agreed to pay an “administrative multiple” of 1.12 for things paid directly by ORB and reimbursed by the county, such as permits, licenses, governmental fees, office supplies, first aid supplies, postage, express delivery or courier, blueprint and duplication costs, a temporary field office, job site signage, fencing, temporary toilet facilities, phone service, cell phone charges, construction related utility costs, site cleanup, dumpster and disposal fees, snow removal, and costs related to delays or damage caused by weather, material, or labor availability, acts of God, decisions by the county, or any unforeseen conditions, and “mileage (at current IRS rate), lodging, perdiem for onsite field personnel, and any other travel expenses (excluding meals while traveling and travel time) incurred by the construction manager in performance of its contractual responsibilities.”
The county entered an agreement with the City of Grand Marais, which owns the library building, to act as the owner during the project so that the county could work directly with ORB in overseeing the project. The county has an ongoing joint powers agreement with the city to share the cost of operating the library.
An amendment to the joint powers agreement with the city, which will end when the project is finished, states that the county “desires to retain the services of a construction manager to ensure the quality and cost-effectiveness of the project on behalf of the public….”
The contract with Karr Tuckpointing includes the following:
. Fencing around the work site “to discourage children or other passersby from coming into contact with tools or equipment.”
. 24-hour-a-day, seven-day-a-week access to Karr staff. . Employee travel, meals, and lodging expenses. . Adherence to state and federal regulations requiring worker safety. The contract goes further, however, saying, “While these regulations are valuable in protecting workers from most hazards, they often fail to address basic safety needs of others using the facility. Each work site is unique and addressing those unique needs will be the responsibility of Karr Tuckpointing. We request the owner’s assistance in identifying and eliminating all possible hazards. . “…The construction site will be made ready and work will stop on short notice for funerals, weddings, social activities, and other community observances. In keeping with our commitment to serving your entire community, the site will be cleaned and work stopped without additional cost.
. “…The entire premises will at all times be kept free from accumulation of waste materials. … Any cost associated with trash removal and landfill charges will be the responsibility of the contractor.
. “…No down payment or payments during the course of the project are required. After the project has been inspected and accepted by the owner, an invoice will be mailed and payment shall be made within 10 days of the invoice date unless other arrangements have been made.
. “…Karr Tuckpointing would like to give special attention to patronizing business establishments with direct ties to … your community. While we reserve the right to make normal business considerations a part of our decision to patronize any business, we are requesting a list of businesses represented within your community.
. “…Completion of this contract shall be contingent on strikes, acts of God, or any other conditions beyond the control of the contractor.”
The contract with ORB Management stipulates that ORB:
. “Will not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the work on the library project, which shall be solely the rights and responsibilities of contractors (and their respective subcontractors) hired by the county.
. “Will not be responsible for any contractor’s failure to perform the work in accordance with the plans and specifications.
. “Will not have control over or charge of and will not be responsible for acts or omissions of the architect, engineer, contractors, subcontractors, or their agents or employees, or any other persons or entities performing portions of the library project.
. “Does not represent itself as a provider of any legal or accounting services and shall not provide such services to the county.”
The county will pay ORB:
. Five percent of the total cost of construction.
. Hourly fees for work done during the construction phase at the following rates: $105/hour for a project manager; $87/hour for a site manager; and $62/ hour for a project coordinator.
. The contract stipulates that the county and ORB can agree before the construction phase begins to substitute a lump sum payment instead of the 5 percent fixed fee and hourly construction phase rates.
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