Okaloosa County BOCC — May 17, 2013 — Agenda — reading text

Insurance Required of the Owner § 8.3 Performance Bond and Payment Bond ARTICLES MISCELLANEOUS PROVISIONS § 9.1 Dispute Resolution § 9.2 Other Provisions ARTICLE 10 TERMINATION OR SUSPENSION. § 10.1 Termination Prior to Bstsblishing Guaranteed Maximum Price § 10.2 Termination Subsequent to Betabliching Guaranteed Maxinmum Price § 10.3 Suspension ’ , ARTICLE 11 OTHER-CONDITIONS AND SERVICES AMA Document A121™ Cie - 2003 and AGC Document 5€5. Copyright © 1991 and 2003 by The Americsn Institute of Architects and Ths Assodated General Contractors of America. All rights reservad. WARNING: This document ic protected by U.S, Copyright Law and International Treaties. Unauthoiized repreduction or distribution of thie document, or any portion of It, may result In severe civil and criminal penafiies, and will be prosecuted to the maximum extent possibis under the Law, Purchasers are permitted to coplas of this documant when completed. To report copyright vieiations of ALA Contracl Documents, emai The Amoricen counsel, copyrightfpela.org. reproduce tan (10) iInstttite of Architects’ | ARTICLE 1 GENERAL PROVISIONS § 1.1 RELATIONSHIP OF PARTIES The Construction Manager accepts the relationship of trust and confidence established with the Owner by this Agreement, and covenants with the Owner to furnish the Construction Manager's reasonable skill and judgment and to cooperate with the Architect in furthering the interests of the Owner. The Construction Manager shall fimish construction administration aud management services and use the Construction Manager's best efforts to perform the Project in an expeditious and economical manner consistent with the interests of the Owner. Tho.Owner shall endeavor to promote harmony and cooperation among the Owner, Architect, Construction Manager and other persons or ontities employed by the Owner for the Project. § 1.2 GENERAL CONDITIONS For the Construction Phase, the General Conditions of the contract shail be the AIA® Document A201™_1997, General Conditions of the Contract for Construction, which is integparated herein by reference. For the Preconstruction Phase, or in the event that the Preconstruction and Construction Phases proceed concurrently, A201™1997 shall apply to the Preconstruction Phase only as specifically provided in this Agreement. The term “Contractor” as used in A201™~1997 shall mean the Construction Manager. ARTICLE 2 CONSTRUGTION MANAGER'S RESPONSIBILITIES The Construction Manager shall perform the services described in this Article. The services to be provided under Sections 2.) and 2.2 constitute the Preconstruction Phase services, If the Owner and Construction Manager agree, after consultation with the Architect, the Construction Phase may commence before the Preconstruction Phase is completed, in which case both phases will proceed concurrently. § 2.1 PRECONSTRUCTION PHASE § 2.1.1 PRELIMINARY EVALUATION The Construction Manager shell provide a prelimisery evalustion of the Owner's program and Project budget fequirements, each in terms of the other, § 2.1.2 CONSULTATION The Construction Manager with the Architect shall jointly schedule and attend regular mectiias with the Owner. The Construction Manager shall consult with the Owner and Architect regarding site use and improvements and the selection of materials, building systems and equipment. The Construction Manager shall provide recommendations on construction feasibility: actions designed to minimize sdverse effects of labor or material shortages; time requirements for procurement, installation and construction completion; and factors related to construction cost, inoluding estimates of alternative designs or muatcrials, preliminary budgets and possible economics. § 2.1.3 PRELIMINARY PROJECT SCHEDULE When Project requirements described in Section 3.1.1 have been sufficiently identified, the Construction Manager shall prepare, and periodically update, a preliminary Project schedule for-the-Aschitest's-review-end the Owner's approval. The Construction Manager shall obtain the Architect's approval of the portion of the preliminary Project schedule relating to the performance of the Architect's services. The Construction Manager shall coordinate and integrate the preliminary Project schedule with the services and activities of the Owner, Architect and Construction Manager. As design proceeds, the preliminary Project schedule shall be updated to indicate proposed activity sequences anid durations, milestone dates for receipt and approval of pertinent information, submittal of a Guaranteed Maximum Price proposal, preparation and processing of sop drawings and samples, delivery of materials or equipment requiring long-lead-time procurement, Owner's occupancy requirements showing portions of the Project having occupancy priority, and proposed date.of Sulstantial Completion. If preliminary Project schedule updates indicate that previously approved schedules may not be met, the Construction Manager shall make appropriate recommendations to the Owver.umAachitect: § 2.1.4 PHASED CONSTRUCTION The Construction Manager shall make recommendations to the Owner and Architect reparding the phased issuance of Drawings and Specifications to facilitate phased construction of the Work, if.such phased construction is appropriste for the Project, taking into consideration such factors as econbmits, time of performance, availability of labor and materials, and provisions for temporary facilities. AIA Documant A121™ Clic — 2003 and AGC Document S65. Copyright © 1991 and 2603 by The American institute of Architects and The Associated Ganaral Contmetors of Amarin. All rights reserved. WARNING: This document is protected by U.8, Copyright Law and International Treaties. Unauthorized reproduction or distribution of this document, or any povtlon af ft, may reauit In severe civil and criminal ponaitios, and will be prosecuted to the maximum extent posaibie under the few, Purchasers ere pernitied to reproduen ten (10) coples of this doaument when comletad. To repost sopyight visations Wolations of AIA Contract Documents, e-mail The American trutitute of Architacts' tags! counsel, copyrightéal § 2.1.5 PRELIMINARY COST ESTIMATES © § 2.1.5.1 When the Owner has sufficiently identified the Project requirements and the Architeot has prepared other basic design criteria, the Construction Manager shall prepare, for the-review-of the-Architect-and approval of the Owner, a preliminary cost estimate utilizing area, volume or similar conceptual estimating techniques. § 2.4.5.2 When Schematic Design Documents have been prepared by the Architect and approved by the Owner, the Construction Manager shall prepare-for-th BArek and-epprovaloefthe Ownes-g more detailed estimate with supporting data. During the preparetion of the Design Development Documents, the Construction Manager shall update and refine this estimiste at appropriate intervals agreed to by the Owner, Architect and Construction Manager. § 2.1.5.3 When Design Development Documents have been prepared.by the Atchitect and approved by the Owner, the Construction Manager shall prepare a detailed estimate with supporting data for review-by-the-Architest-and approval by the Owner, During the preparation of the Constructlon Documents, the Construction Manager shall update and refine thie estimate at appropriate intervals agresd to by the Owner,Arehitect and Construction Manager, § 2.1.5.4 If any estimate submitted to the Owner exceeds previously approved estimates or the Owner's budget, the Construction Manager shail make appropriate recommendations to the Owner end-Architeot. § 2.1.6 SUBCONTRACTORS AND SUPPLIERS The Construction Manager shall seek t Owner Clop subcontractor interest in the Project and shall furnish to the Owner special design, from whom proposals will be requested for each principal portion of the isect will promptly reply in writing to the Construction Manager if the Architect-er Owner knew-ef knows of any objection to such subcontractor or supplier. The reeipt of uch list shall not require the Owner er-Arehitect-to investigate the qualifications of proposed subcoriiracters or suppliers, nor shall it waive the right of the Qwner-oz Architect later to object to or reject any proposed subcontractor or supplier. § 2.1.7 LONG-LEAD-TIME ITEMS The Construction Manager shall recommend to the Owner snd-Azehitect a schedule for procurement of long-lead- time iteme which will constitute part of the Work as required to meet the Project sghedale. If such long-lead-time items are procured by the Owner, they shal} be procured on terms and copditi¢ns acceptable to the Construction Mamager. Upon the Owner’s acceptance of the Construction Manager's Guaranteed Maximum Price proposal, all contracts for such items shall be assigned by the Owner to the Construction Manager, who shall accept responsibility for such items as if procured by the Construction Manager, The Construction Manager shall expedite the delivery of long-Iead-time items. § 2.1.8 EXTENT OF RESPONSIBILITY The Construction Manager does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The recommendations and advice of the Construction Manager conceming design alternstives shall be subject to the review and approval of the Owner and the Owner’s profesgional consultants. It is nat the Construction Manager's responsibility to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, building codes, rules and regulations. However, if the Construction Manager recognizes that portions of the Drawings and Specifications are at variance therewith, the Construction Manager shall promptly notify the Architeet and Owner in writing. (See Article 11) § 2.1.9 EQUAL EMPLOYMENT OPPORTUNITY AND. ARSIRMATIVE ACTION . The Construction Manager shall comply with applicable laws, regulations and special requirements of the Contract Documents regarding equal employment.opportunity and affirmative action programs. § 2.2 GUARANTEED MAXIMUM PRICE PROPOSAL AND CONTRACT TIME § 22.1 When the Drawings and Specifications are sufficiently complete, the Consiztittion Manager shall propose a Guaranteed Maximum Price, which shall be the sum of the estimated Cost, of the Work and the Construction Manager's Pee: including approved Design fees. ASA Document A121™CMe ~ 2003 and AGG Document 585, Copyright © 1804 and 2003 by Ths American instiute of Architects and The Associated Generel Contractors of Amorica. All rights reserved. WARNING: This document ts protected by U.S. Copyright Law and 4 Intemational Treaties. Unauthorized reproduction or distribution of this document, or any portion of It, may roault tn severe civil and sriminal panelties, and will be prosecuted to the maximum sxtent possible under the lew. Purchasers are pennitted to reproduoa isn (10) cope of this document when compiated. To reporl copyright viclallons of AIA Contrect Documenta, 6-mall The American Instituis of esi, Copyigni@ala. on, § 2.2.2 As the Drawings and Specifications may not be finished at the time the Guaranteed Maxinvum Price proposal is prepared, the Construction Manager shall provide in the Guaranteed Maximum Price for further development of the Drewings and Specifications by the Architect that is consistent with the Contract Documents and reasonably inferable therefrom, Such further development does not include such things as changes in scope, systems, kinds end quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order, § 2.2.3 The estimated Cost of the Work shall include the Construction Manager's contingency, a sum established by the Construction Manager for the Construction Manager's exclusive use to cover costs arising under Section 2.2.2 and other costs which are properly reimbursable as Cost of the Work but not the basis for a