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

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