Okaloosa County BOCC — May 6, 2014 — Change Order #2 - Fee Adjustment - Shalimar Annex Project

AIA Document G701/CMa™ — 1992 Change Order - Construction Manager-Adviser Edition oe PROJECT (Name and address): CHANGE ORDER NUMBER: 002 OWNER: x] Shalimar Courthouse Annex Repurpose INITIATION DATE: 04/28/2014 CONSTRUCTION MANAGER: Now known. as: Okaloosa County ARCHITECT: Bd Administration Building CONTRACTOR: L_] Shalimar; FL. FIELD: 1 TO CONTRACTOR (Name and address): PROJECT NUMBERS: 12009 / 1217 OTHER: [1] Lord. & Son Construction, Inc. CONTRACT DATE: 10/16/2012 19 David Street CONTRACT FOR: General Fort Walton Beach, FL 32547 Construction THE CONTRACT IS CHANGED AS FOLLOWS: Revisions to orginal. contract. scope (see attached Change Order 2 Breakdown and Exhibits A - F) The original Contract Sum was $ 904,667.00 Net change by previously authorized Change Orders $ 170,854.54 The Contract Sum ptior to this Change Order was $ 1,075,521.54 The Contract Sumi. will be increased by this Change Order in the amount of $ 558,880.00 The new Contract Sum including this Change Order will be $ 1,634,401.54 The Contract Time will be increased by Zero (0) days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized. by Construction Change Diréctive.. NOT VALID UNTIL SIGNED BY THE OWNER, CONSTRUCTION MANAGER, ARCHITECT AND CONTRACTOR. Lord & Son Construction, Inc. DAG Architects, Inc. CONSTRUCTION MANAGER (Firm name) ARCHITECT (Firm a 19. David Street. Eort Walton Beach, FL_32547_» 1223 Af Régad, Pestin, if s0541 BY (Signature) BY (Signature) Charles W. Clary ID, FAIA (Typed name) DATE: (Typed name) DATE/4/29/2014 Okaloosa County Board of County Commissioners CONTRACTOR (Firm: name) OWNER (Firm name} 1804 Lewis Turner Blvd, Ste. 100, Fort Walton Beach, FL 32547 ADDRESS ADDRESS BY (Signature) BY (Signature) (Typed name) DATE: (Typed name) DATE: AIA Document G701/CMa™ — 4992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Documentis protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted te the maximum extent possible under the taw. This document was produced by AIA software at 16:40:38 on 04/28/2014 under Order No.5773739723_1 which expires on 01/15/2015, and is not for resale. User Notes: (1398953081) 1 Revised 4/29/2014 Change Order 002 - Breakdown Design Services New Fee for Basic Design Services $655,000.00 New Additional Services Audio/Visual Consulting Engineers $18,000.00 Credits Returned from Original Budget Payments Applicable design work completed and paid ($51,633.18) Subtotal - Design Services $621,366.82 Build Services New CM Preconstruction Services Fee $113,000.00 New CM Construction Services Fee $508,500.00 New Additional Services Civil Design $17,500.00 Geotech Services $2,950.00 Landscape Design $8,500.00 Credits Returned from Original Budget Payments CM Services Preconstruction Fees - Phase | and Phasell ($46,000.00) Subtotal - Build Services $604,450.00 Credits Returned from Unused Budget Landscape Design - Phase I ($2,000.00) CM Services Preconstruction Fee - Phase II ($26,500.00) A/E Design - Phase Il ($43,983.82) A/E Construction Documents ($191,235.00) A/E Construction Administration ($95,618.00) A/E Landscape Design - Phase II ($20,500.00) A/E Interior Design for Judicial Facility ($28,060.00) A/E Security Planning ($19,040.00) CM Fee for Build Services - Phase Il ($240,000.00) Subtotal - Credits from Unused Original Budget ($666,936.82) Total Change Order 002 $558,880.00 | Exhibit A Comparison of Original Contract to Revised Contract Original Approved Contract Besign Phase! Revised New Contract Amount Revised 4/29/2014 (Includes Work Performed and Paid Under Original Contract and New Fees/Services Required} Design Total Basic Service Fee hased:on State of Florida DMS Curve Schematic Design $95,617.06 Okaloosa County. Admin: Bldg: Budget =540,000. Complexity D,6:55% $655,000.06 Additional Services Prograraming Services for Judicial Facility Programming and design services performed $23,980.00 and paid for-on the original courthouse complex Landscape Design $2,000.00 {sea Application for Payment: #10) $196,220.18 Measured Drawings of Existing Facilities $15,000.00 Facility Analysis $10,600.00 Additional Services Total Phase | Design $146,597.00 Audio/Visual - Humber Garick Consulting Engineers - New Phase li Credit for applicable work completed and paid Phase It Design $95,617.00 Construction Documents $191,235.00 Construction Administration $95,618.00 Total Phase li Design $382,470.00 Additional Services Landscape Design $20,500.00 Interior Design for Judicial Facility $28,060.00 Security Planning $19,040.00 Total Phase II Additional Services $67,600.00 Total Original Design Budget $596,667.00 Total New Design Budget $817,597.00 New Design Budget Less Previous Payments ($817,597 - $196,230.18) $621,366.82 Build Build Phase | CM Services Preconstruction Fee CM Services - 20% of Preconstruction Fee 1% of Construction Budget ($66,000 x .20) $12,000.00 {$11,300,000 .02} $113,000.00 Additional Services CM Services Construction Fee. Survey of campus with grades $8,000.00 4.5% of Construction Budget {$11,300,000 .045) $508,500.00 Total Phase | $26,000.00 CM Preconstruction Services Completed/Paid $33,500.00 Phase il CM Services - 80% of Precon Fee $48,000.00 Additional Services CM Services - Construction Fee $240,000.00 Survey of carpus w/grades - Completed/Paid $8,000.00 Total Phase Il $288,000.00 Civil Design {Choctaw $17,500.00 Engineering} Geotech (NOVA Engineering) $2,950.00 Landscape Design (Chad Horton} $8,500.00 Credit for CM Pracon fee completed and paid {$46,000.00} [Total Original Build Budget $308,000.00 | _—[ Total New Build Budget $645,950.00 | New Build Budget Less Previous Payments ($645,950.00 - $33,500.00 - $8,000.00) $604,450.00 (Tota! Original Approved Budget $904,567.00 Total New Budget (New Design + New Build Budgets) $1,463,547.00 Application for Payment. #10 Summary Total New Budget $1,463,547.00 Total amount paid thru #10 $237,730.18 Less Total Original Approved Budget $904,667.00 Unused portion of approved, original budget $666,936.82 $904,667.00 Change Order 002 Amount[__ $558,880.00 | EXHIBIT B Civil Design Quote CHOCTAW ENGINEERING, INC. CIVIL ENGINEERING * LAND SURVEYING CONTRACT FOR PROFESSIONAL SERVICES CLIENT Name Sieve Christopher Company Lord & Son Construction Inc. Address P.O. Box 1808 Ft. Walton Beach, FL 32549 Date 12 March 2014 Job No. 2011-141 Telephone 850-863-5158 Fax 850-862-4904 Project Title | Okaloosa County Administration Building Location 1250 Eglin Parkway, Shalimar FL PROFESSIONAL SERVICES (Also see any attached letters) SCOPE OF WORK: _ Site improvement plans; Cit ly Checklist; NWFWMD Stormwater permit app; Stormwater Management Plans (City and State); Traffic concurrency report; coordinate with landscape architect and geotech; attend meetings. ESTIMATED TIME: TYPE OF FEE a. HOURLY RATES AS FOLLOWS (EFFECTIVE 1 May 2013): Adminjstration @$45.00/hour Drafter @$65.00/hour Project Coordinator @$65.00/hour Technician @$70.00/hour Senior Technician @$85.00/nour Project Engineer @$90.00/nour Total Estimate: b. LUMP SUM FEE AS FOLLOWS: NOTES: Registered Engineer Registered Surveyor Project Manager Principat Two Man Field Crew, Equipment and Supplies Three Man Field Crew, Equipment and Supplies Professional Testimony / Court Appearances $17,500.06 1. All work may be terminated and 1.5% per month charged on accounts more than 30 days overdue. 2A retginer of 30% may be required prior to start of work when estimated fee is more than $2,000.00. 3. Estimated hours are not guaranteed. Final cost will depend upon actual time spent on the project. CHOCTAW ENGINEERING, INC.: BY: Mark C. Siner, P.E. THE TERMS AND CONDITIONS ON PAGE 2 OF THIS F PART OF THE CONTRACT. @$115.00/hour @$100.00/hour @$100.00/hour @$175.00/hour @$100.00/hour @$125.00/hour @$150.00/hour OWNER/AUTHORIZED REPRESENTATIVE: BY: Steve Christopher {12 Truxton Avenue, Fort Walton Beach, Florida 32547 * Phone: (850) 862-6611 Fax: (850) 863-8059 E-mail: cei @choctaweng.com ORM AND ANY ATTACHED LETTERS ARE A EXHIBIT C Shalimar Administration Complex Goetech Services Quote February 13, 2014 Lord & Son Construction NOVA Proposal Number 16205-G NOVA will inform you of any obvious odors or materials seen during completion of our study. However, the assessment of site environmental conditions, the detection of pollutants in the soil, rock or groundwater, or laboratory-testing of samples, wetlands evaluation, or a site-specific seismic study are beyond the scope of this exploration. However, if requested, NOVA can also provide these services. SITE UTILITIES Prior to beginning field activities, NOVA will contact the underground locator service. They require 72 hours notice to mark utilities along roadway right of ways adjacent to the site. Beyond normal due-diligence and working with the owner's personnel, we cannot be responsible for encountering utilities. Please note that NOVA has assumed that any permits for access, land and/or wetlands disturbance, tree cutting, etc. will be obtained by the CLIENT prior to our mobilization on site. No site restoration is planned and no monies have been budgeted for such. If NOVA is responsible for site clearing to access specific boring location, any aforementioned permits, fees, site restoration, etc. are assumed to be our Client’s responsibility unless we are specifically made aware of such at the time of authorization, which will result in adjustments in our budget and schedule. COMPENSATION The fee for our proposed scope of services will be as noted below: ¢ Geotechnical Services: Complete 7 PTBs (up to 125 LF of drilling), DRI test if feasible, Site cleanup (i.e. backfilling of boreholes with soil cuttings), Laboratory analysis, Engineering evaluation and Reporting. $ 2,950 Lump Sum The noted cost includes the electronic submittal of the written report to our client, or to other parties specified by you. If requested, we will submit up to two “hard copies” of the report to you as well. Final costs will be based on the actual completed scope of work (if adjustments are required) and the NOVA geotechnical unit rate schedule. We will not exceed the authorized budget without prior approval. SCHEDULE AND AUTHORIZATION Based upon our current schedule, we can begin work on the project immediately after receiving written authorization to proceed. Our field crew can likely mobilize to the site within a few days of the utility locates being completed. We anticipate that fieldwork will take approximately 1 working day to complete. We will provide verbal findings as the field data is gathered and evaluated, and an initial engineering evaluation (absent consolidation data) can be made. The final report will be submitted within 1 week of the completion of the field work. If the report is needed sooner, NOVA will make every reasonable effort to accommodate your schedule. NOVA ENGINEERING AND Page 4 of 5 ENVIRONMENTAL . EXHIBIT D Amendment 1 Fee Basis Construction Budget = $10,000,000 Total Basic Service Fee based on State of Florida DMS Curve Okaloosa County Administration Bldg Budget = $10,000,000 Complexity D, 6.55% Less credit for applicable work to date billed and paid for: Total Basic Service Fee Additional Services Fee Audio/Visual Design - Humber Garick Consulting Engineers Total Amendment 1 Fees Total $655,000.00 ( 51,633.18) $603,366.82 $ 18,000.00 $621,366.82 EXHIBIT E Landscape Design Quote sorte OF or, O Vers WOPkS 100 Barracuda Street Destin, Florida 32541 c. (850) 699-1297 email: chorton@hortonkw.com Flosida License Number LA 6666971 March 47, 2014 Steven Christopher — Lord & Son - V.P. Operations Okaloosa County Annex Shalimar, Florida Subject — Okaloosa County Annex - Landscape Architectural Design Services Proposal Dear Mr. Christopher, Thank you for the request to submit a proposal to provide the Landscape Architectural Design Services for your new project, The Okaloosa County Annex in Shalimar, Florida. in response to my phone discussion with you review of the current architectural site plan, | have outlined the following scope of services and deliverables to be provided by Horton Land Works (HLW}. SCOPE OF SERVICES: A. Schematic Design Phase — Using the current digital survey provided by the project Civil Engineering & Architect as a point of departure, HLW will complete the Land Development Code due-diligence and research for required perimeter landscape buffers, applicable utility setbacks, parking lot landscape requirements, etc. to ensure all county landscape requirements are met. HLW will create a schematic hardscape & planting plan for review by all team members that reflects the overall design intent and allotted budget for planting & irrigation. ~ 8B, Design Development Phase — Following the Schematic Design Review meeting, HLW will take the information gathered and further develop the planting plan. The Design Development Phase drawings and deliverables will be created in AutoCAD software to further aid in providing accurate calculations for construction cost estimating. C. Construction Dacument Phase — Following the final Design Development Phase review, final construction drawings will be created that fully address all of the owner's review comments. HLW will provide all necessary base material to the project Architect, Civil Engineer, Lighting Consultant, etc. as needed for coordination of the drawing sets. Additionally the final plans and specifications will clearly identify all improvements, materials, specifications, plantings and irrigation performance specifications for a complete working set that can be accurately bid to pre-approved contractors. D. Construction Administration & Observation ~ Due to the nature of construction, on site observation and construction administration may be needed and requested by the owner or contractor(s) throughout the duration of the construction phase, These services can be provided on an hourly basis as needed and when requested (rate listed below}. It is highly recommended to have a pre-construction meeting with the general contractor and all sub-contractors to ensure a full understanding of the construction set, answer any questions and express the level of quality expected. The pre-construction meeting is included in the fee below £. | Schedule and Deliverables — HLW will endeavor to meet the schedule as established by the owner. Schematic drawings can be completed within two weeks of the notice to proceed, the receipt of a signed contract & commencement/retainer fee. Construction Documentation schedule will be dependent upon the owner's expectations and time necessary for the various other team consultants. Deliverables will be transmitted by email as PDFs or as printed hardcopies if requested. F. Compensation and Expenses — invoicing from HLW will take piace on a percentage of completion up to 100% and will be billed on a bi-monthly basis. 1. Scope A, B & C - Schematic Design, Design Development & Construction Documentation ----- 2. Scope D - Construction Administration & Observation —- $8,500 --~ Principal Hourly @ $125/hr. & Associate @ $95/hr. If this proposal is acceptable, piease sign and return a copy of this agreement as our authorization to proceed with a check for the commencement/retainer fee. By signing below, you also agree to the attached Terms & Conditions for Horton Land Works LLC. We appreciate the opportunity and fook forward to working with you through successful completion of your project. Sincerely, Chadwick D. Horton, RLA Accepted by: Date: ” EXHIBIT F Pages from Original Contract § 31.4.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, anda legal description of the site. The Surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and Structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed testrictions, boundaries and: contours of the site; locetions, dimensions and necessary data wi i i and information concerning available including inverts and depths. All the i § 3.1.4.3 The Owner, when such services are requested, shall furnish services of. geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. under the Owner's control and relevant to the Construction Manager’s performance of the Work with reasonable Promptness after receiving the Construction Manager’s written request for such information or services. § 3.2 Owner's Designated Representative . The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project. The Owner’s representative shall render decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager. Except as otherwise provided in Section 4.2.1 of A201~2007, the Architect does not have such authority. The term "Owner" means the Owner or the Owner’s authorized representative. § 3.2.1 Legal Requirements. The Owner shall furnish ail legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 3.3 Architect The Construction Manager shall retain an Architect to Provide services, duties and responsibilities as described in AIA Document B143™_2004, Standard Form of Agreement Between Design-Builder and Architect, including any additional services requested by the Construction Manager that are necessary for the Preconstruction and Construction Phase services under this Agreement. ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES § 4.1 Compensation § 4.1.1 For the Construction Manager’s Preconstruction Phase services, the Owner shall compensate the Construction Manager as follows: § 4.1.2 For the Construction Manager’s Preconstruction Phase services described in Sections 2.1 and 2.2: (Insert amount of, or basis for, compensation and include a list of reimbursable vost items, as applicable.) 1% of total construction budget for the project, not including Design Fees. —[._Phase 1. $12,000 00 Phase2 $48,000 Phase 1 services include Schematic Design Estimate and materials review for renovated area. Owner may terminate the agreement at any time during pre-construction phase services and be Hable only for completed work as of that date. § 4.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within 30 days (1) month of the date of this Agreement, through no fault of the Construction Manager, the Construction Manager's compensation for Preconstruction Phase services shall be equitably adjusted, : § 4.1.4 Compensation based on Direct Personnel Expense includes the direct salaries of the Construction Manager's Personnel providing Preconstruction Phase services on the Project and the Construction Manager’s costs for the mandatory and customary contributions and benefits related thereto, such as employment taxes and other Statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. AlA Document A133™ ~ 2008 {formerly A121 ™CHic — 2093), Copyright © 1981, 2003 and 2009 by The American inciituts of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.8. Copyright i.ow and Intemational Tresties. Unauthorized reproduction or distribution of thie A a Document, or any portion of it, may result in sevare civil and criminad penalties, and will be prosecuted to the maximum extant pospible under the law. t This document was produced by AIA software at 16:04:11 on 10/48/2012 under Order No.S082324330_1 which expires on 01/18/2013, and ig not for resale, Uaer Notes: {1482324325) j lak . | Tweaty (20 ) days after the invoice date shall § 4.2 Payments § 4.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. § 4.2.2 Payments are due and payable upon presentation of the Construction Manager's invoice. Amounts unpaid bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. (Insert rate of monthly or annual interest agreed upon) | 12% % monthly ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 5.4 For the Construction Manager's performance of the Work as described in Section 2,3, the Owner shall pay the Construction Manager the Contract Sum in current funds. The Contract Sum is the Cost of the Work as defined in Section 6.1.1 plus the Construction Manager’s Fee. § 5.4.4 The Construction Manager’s Fee: Gtate a lump sum, percentage of Cost of the Work or other provision for determining the Construction Manager's Fee.) Construction Manager's fee will total 5% of the total construction cost, excluding any Design fees. Design fees included in the Construction Manager's scope of work are defined in Article 11 § 5.1.2 The method of adjustment of the Construction Manager’s Fee for changes in the Work: § 5.1.3 Limitations, ifany, on a Subcontractor’s overhead and profit for increases in the cost of its portion of the Work: § 5.1.4 Rental rates for Construction Manager-owned equipment shall not exceed percent (_ %) of the standard rate paid at the place of the Project. § 5.1.5 Unit prices, if any: (Identify and state the unit price; state the quantity limitations, if any, to which the unit price will be applicable.) item Units and Limitations Price per Unit {$0.00} § 5.2 Guaranteed Maximum Price § 5.2.1 The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maxiraum Price set forth in the Guaranteed Maxinrnum Price Amendment, as it is amended from time to time. To the extent the Cost of the Work exceeds the Guaranteed Maximum Price, the Construction Manager shall bear such costs. in excess of the Guaranteed Maximum Price without reimbursement or additional compensation from the Owner. (Insert specific provisions if the Construction Manager is to participate in any savings.) | TBD — Note: all project’s savings are returned to the Owner. § 5.2.2 The Guaranteed Maximum Price is subject to additions and deductions by Change Order as provided in the Contract Documents and the Date of Substantial Completion shail be subject to adjustment as provided in the Contract Documents. § 5.3 Changes in the Work § 5.3.1 The Owner may, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions. The Qwner shall issue such changes in writing, The Architect may make minor changes in the Work as provided in Section 7.4 of ALA Document A201 2007, General AIA Document A133™ - 2008 (formerly A24™ Chic — 2003), Copyright © 1801, 2003 and 2008 by The American institute of Architects. All rights reserved, WARNING; This AIA’ Document ie protocted by U.S. Copyright Law and Internatione! Treaties. Unsuthorized reproduction or distribution of this AIA’ Document, or sny portion of h, may reauit In Gevore civil and criminal pensities, and wilt be prosecuted to the maximum extent possible under the few, This WEE by AIA re et 16.04:41 on 40/18/2012 under Order No.$082524330_1 which expires on 01/16/2013. and is not for reaie. User Notes: (4482324325) | 9