This project management agreement template has 26 pages and is a MS Word file type listed under our real estate documents.
PROJECT MANAGEMENT AGREEMENT This Project Management Agreement (the "Agreement") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the "Owner"), a company organized and existing under the laws of the [State/Province] of [YOUR STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [COMPANY NAME] (the "Manager"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] For good and valuable consideration, the receipt and legal sufficiency of which are hereby expressly acknowledged, the parties hereto agree as follows: WHEREAS the Owner plans to acquire land in order to establish thereon a [SPECIFY], which is to be completed and fully operational no later than by [DATE], which land will be located in one of the sectors indicated in Schedule [SPECIFY] hereto; WHEREAS the Owner plans in particular to cause to be constructed on such land a building enabling it to install a [SPECIFY] (hereinafter referred to as the "Project"); WHEREAS the Manager made an offer of services on [DATE]; WHEREAS the Owner accepted the offer of services. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: DEFINITIONS For purposes of interpreting this agreement and the schedules hereto, the following words and expressions will have the meanings set out herein below: Approval or Approve means the Owner's prior approval given in writing; such Approval will also be valid if it is given in advance and verbally provided it is subsequently confirmed in writing; Contract Administrator means the administrator of the contract, who may be designated from time to time by the Owner, or its authorized representative, who will have the authority to require that the Manager comply with all provisions of the contract and who will have the authority to: interpret the various contract documents; prescribe the measures that he deems necessary in order to coordinate the services of the Manager with those of the Owner; Contractor means the physical or legal person to whom the execution of the construction work or a Contract Unit is entrusted or any other person than a Supplier or Professional with whom the Owner signs a contract with respect to the Project; Contractor's Contract means a contract between the owner and a Contractor; Contract Term means the period running from the date hereof until one year after the signature of the final acceptance certificates or, as the case may be, from the date of delivery to the Owner of the attestations mentioned in section [NUMBER]; Contract Unit means part of the construction work to be the subject of a Contractor's Contract or a Purchasing Contract; Construction Budget means the budget that will be verified and recommended by the Manager in accordance with the provisions of section 2.1.9 and approved by the Owner, as well as any revision thereof; Cost of Construction Work means all of the real costs of the Project construction work incurred by the Owner for the development, construction and commissioning of the Project, including the following costs: the amounts paid or costs incurred to obtain public services (water, sewer, electricity) required for the Project; the payments made to the Contractors and Suppliers; Cost Plan means the table identifying for each Contract Unit the budget limits available and identifying, among other things, the approximate quantity of work to be performed, its design criteria and the unit costs used; Delivery Date means [EFFECTIVE DATE] for the building and [EFFECTIVE DATE] for the site design; Fees means the fees payable to the Manager by the Owner for services rendered pursuant hereto, namely an amount of [AMOUNT], an amount which such fees may not exceed; such fees include all salaries, benefits, overhead expenses, profits and expenditures required for the complete performance of the services described herein as well as the fees of the Professionals who will be remunerated directly by the Manager and at its expense, but excluding Reimbursable Costs. Where the Manager, upon the express request of the Owner, renders additional services that are not included in the services that it undertakes to render pursuant to the provisions hereof, the Owner will pay to the Manager fees calculated on the basis of an hourly rate of [AMOUNT] for all the time devoted exclusively by the Manager's Representative (and by no other employee, representative or mandatory of the Manager, whose time was taken into consideration in the determination of the said hourly rate) for the performance of such services in accordance with the provisions hereof; Manager means Manager or its representative; Manager's Representative means the representative of the Manager, [INDIVIDUAL NAME], to act as Project Manager, who will have full authority to act for and on behalf of the Manager with regard to any matter pertaining to the contract; such Project Manager shall be available at all times for all questions pertaining to the Project, for the Contract Term; Master Schedule means the construction work schedule verified and recommended by the Manager taking into account the Project objectives and the constraints of the method of execution chosen, in accordance with section 2.1.8, which will include a bar chart showing each construction stage graphically and monthly, and will identify the critical activities and the interrelations or incidences that may have repercussions on Project development; Owner means Owner, represented by any person whom it may designate from time to time as Contract Administrator; Professional means the architects and engineers (civil and structural, mechanical and electrical) who will be chosen in accordance with the provisions of section 2.1.13; Program means all of the Owner's general requirements for the Project, including the general building characteristics set out in Schedule C hereto, which program will be established by the Manager in accordance with the provisions of section 2.1.1; Project means the construction, interior design and site design on the Site of a building destined for the installation [SPECIFY] equipment, as well as the layout and installation of structures destined to accommodate the cables and other equipment of the Owner; Purchasing Contract means a contract or an order between the Owner and a Supplier for the supply or rental of machinery, equipment, materials or services for the Project; Reimbursable Costs means the costs identified in Schedule B hereto; Site means the location of the land that will be chosen and acquired by the Owner in its entire discretion; Sub-Contractor means any physical or legal person having signed a contract with a Contractor or a Professional; Supplier means any physical or legal person having signed a Purchasing Contract with the Owner; SERVICES PROVIDED BY THE MANAGER The Manager will be obliged, independently and not as mandatory or agent of the Owner, to provide all services and personnel required for Project management; such obligation shall include the obligation to plan, coordinate, organize, supervise and monitor all activities in view of Project execution, from the preliminary phases of design and planning to delivery of the Project to the Owner after completion of the construction and the commissioning of its mechanical components. The purpose of such services will be to enable the Owner to possess and operate a high-quality building in accordance with the stated requirements, the plans and specifications, the Budget and the time limits set forth. The Manager will do everything useful or necessary for the proper management of the Project and the protection of the Owner's interests. Such services shall include construction management. Without limiting the generality of the foregoing, the Manager will be responsible for the services described herein below: Preliminary Phase
This project management agreement template has 26 pages and is a MS Word file type listed under our real estate documents.
PROJECT MANAGEMENT AGREEMENT This Project Management Agreement (the "Agreement") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the "Owner"), a company organized and existing under the laws of the [State/Province] of [YOUR STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [COMPANY NAME] (the "Manager"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] For good and valuable consideration, the receipt and legal sufficiency of which are hereby expressly acknowledged, the parties hereto agree as follows: WHEREAS the Owner plans to acquire land in order to establish thereon a [SPECIFY], which is to be completed and fully operational no later than by [DATE], which land will be located in one of the sectors indicated in Schedule [SPECIFY] hereto; WHEREAS the Owner plans in particular to cause to be constructed on such land a building enabling it to install a [SPECIFY] (hereinafter referred to as the "Project"); WHEREAS the Manager made an offer of services on [DATE]; WHEREAS the Owner accepted the offer of services. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: DEFINITIONS For purposes of interpreting this agreement and the schedules hereto, the following words and expressions will have the meanings set out herein below: Approval or Approve means the Owner's prior approval given in writing; such Approval will also be valid if it is given in advance and verbally provided it is subsequently confirmed in writing; Contract Administrator means the administrator of the contract, who may be designated from time to time by the Owner, or its authorized representative, who will have the authority to require that the Manager comply with all provisions of the contract and who will have the authority to: interpret the various contract documents; prescribe the measures that he deems necessary in order to coordinate the services of the Manager with those of the Owner; Contractor means the physical or legal person to whom the execution of the construction work or a Contract Unit is entrusted or any other person than a Supplier or Professional with whom the Owner signs a contract with respect to the Project; Contractor's Contract means a contract between the owner and a Contractor; Contract Term means the period running from the date hereof until one year after the signature of the final acceptance certificates or, as the case may be, from the date of delivery to the Owner of the attestations mentioned in section [NUMBER]; Contract Unit means part of the construction work to be the subject of a Contractor's Contract or a Purchasing Contract; Construction Budget means the budget that will be verified and recommended by the Manager in accordance with the provisions of section 2.1.9 and approved by the Owner, as well as any revision thereof; Cost of Construction Work means all of the real costs of the Project construction work incurred by the Owner for the development, construction and commissioning of the Project, including the following costs: the amounts paid or costs incurred to obtain public services (water, sewer, electricity) required for the Project; the payments made to the Contractors and Suppliers; Cost Plan means the table identifying for each Contract Unit the budget limits available and identifying, among other things, the approximate quantity of work to be performed, its design criteria and the unit costs used; Delivery Date means [EFFECTIVE DATE] for the building and [EFFECTIVE DATE] for the site design; Fees means the fees payable to the Manager by the Owner for services rendered pursuant hereto, namely an amount of [AMOUNT], an amount which such fees may not exceed; such fees include all salaries, benefits, overhead expenses, profits and expenditures required for the complete performance of the services described herein as well as the fees of the Professionals who will be remunerated directly by the Manager and at its expense, but excluding Reimbursable Costs. Where the Manager, upon the express request of the Owner, renders additional services that are not included in the services that it undertakes to render pursuant to the provisions hereof, the Owner will pay to the Manager fees calculated on the basis of an hourly rate of [AMOUNT] for all the time devoted exclusively by the Manager's Representative (and by no other employee, representative or mandatory of the Manager, whose time was taken into consideration in the determination of the said hourly rate) for the performance of such services in accordance with the provisions hereof; Manager means Manager or its representative; Manager's Representative means the representative of the Manager, [INDIVIDUAL NAME], to act as Project Manager, who will have full authority to act for and on behalf of the Manager with regard to any matter pertaining to the contract; such Project Manager shall be available at all times for all questions pertaining to the Project, for the Contract Term; Master Schedule means the construction work schedule verified and recommended by the Manager taking into account the Project objectives and the constraints of the method of execution chosen, in accordance with section 2.1.8, which will include a bar chart showing each construction stage graphically and monthly, and will identify the critical activities and the interrelations or incidences that may have repercussions on Project development; Owner means Owner, represented by any person whom it may designate from time to time as Contract Administrator; Professional means the architects and engineers (civil and structural, mechanical and electrical) who will be chosen in accordance with the provisions of section 2.1.13; Program means all of the Owner's general requirements for the Project, including the general building characteristics set out in Schedule C hereto, which program will be established by the Manager in accordance with the provisions of section 2.1.1; Project means the construction, interior design and site design on the Site of a building destined for the installation [SPECIFY] equipment, as well as the layout and installation of structures destined to accommodate the cables and other equipment of the Owner; Purchasing Contract means a contract or an order between the Owner and a Supplier for the supply or rental of machinery, equipment, materials or services for the Project; Reimbursable Costs means the costs identified in Schedule B hereto; Site means the location of the land that will be chosen and acquired by the Owner in its entire discretion; Sub-Contractor means any physical or legal person having signed a contract with a Contractor or a Professional; Supplier means any physical or legal person having signed a Purchasing Contract with the Owner; SERVICES PROVIDED BY THE MANAGER The Manager will be obliged, independently and not as mandatory or agent of the Owner, to provide all services and personnel required for Project management; such obligation shall include the obligation to plan, coordinate, organize, supervise and monitor all activities in view of Project execution, from the preliminary phases of design and planning to delivery of the Project to the Owner after completion of the construction and the commissioning of its mechanical components. The purpose of such services will be to enable the Owner to possess and operate a high-quality building in accordance with the stated requirements, the plans and specifications, the Budget and the time limits set forth. The Manager will do everything useful or necessary for the proper management of the Project and the protection of the Owner's interests. Such services shall include construction management. Without limiting the generality of the foregoing, the Manager will be responsible for the services described herein below: Preliminary Phase
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