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

Change Order. § 22.4 BASIS OF GUARANTEED MAXIMUM PRICE The Construction Manager shall include with the Guaranteed Maximum Price propose! a written statement of its basis, which shall include: 1 A list of the Drawings and Specifications, including al] addenda thereto and the Conditions of the Contract, which were used in preparation of the Guaranteed Maximum Price proposal. 2 A list of allowances and a statement of their basis. 3 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price propossl to supplement the information contained in the Drawings and 4 The proposed Guaranteed Maximum Price, including a statement of the estimated cost organized by trade categories, allowances, contingency, and other items and the Fee that comprise the Guaranteed Maximum Price. 5 = The Date of Substantial Completion upon which the proposed Guaranteed Maximum Price is bused, and a schedule of the Construction Documents issuance dates upon which the date of Substantial Completion is based. § 22.5 The Construction Manager shell meet with the Owner and Arhiteot to review the Guaranteed Maximum Price proposal and the written statement of its basis. In the event that the Owner or Architect discover any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Construction Manager, who shall make appropriste adjustments to the Guaranteed Maximum Price proposal, its basis, or both. § 2.2.6 Unless the Owner accepts the Guaranteed Maximum Price proposal ja writing on or before the date specified in the proposal for such acceptance aud so notifies the Construction Manager, the Guaranteed Maximum Price proposal ghall not be effective without written acceptance by the Construction Manager. § 2.2.7 Prior to the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal and issuance of a Notice to Proceed, the Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work, except as tho Owner may specifically authorize in writing. § 2.2.8 Upon acceptance by the Owner of the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price and its basis shall be set forth in Amendment No. 1. The Guaranteed Maxiroum Price shall be subject to additions and deductions by a change in the Work as provided in the Contract Documents, and the Date of Substantial Completion shall be subject to adjustment ss provided in the Contract Documents. § 2.28 The Owner shall authorize and cause the Architect to revise the Drawings and Specifications to the extent necessary to reflect the agreed-upon assumptions snd clarifications contained in Amendment No. 1. Such revised Drawings and Specifications shall be furnithed to the Construction Manager in accordance with schedules agreed to by the Ownor;Arohiteet and Construction Manager. The Construction Manager shall promptly nétify the Architect and Owner if such revised Drawings ‘anil Specifications are inconsistent with the agreed-upon assumptions and clarifications. § 2.2.10 The Guarantsed Maximum Price shall include in the Cost of the Wark only those taxes which are enacted at the time the Guaranteed Maximum Price is established. AIA Document A121™CMc = 2003 and AGC Document 58%. Gopyright © 1891 and 2003 by The American Institute of Architects and The Aasoclatad Genera) Contractors of America. Ail rights reserved. WARNING: This document ls protected by U.S, Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this document, or any portion of , may result In savers elvil and criminal peneltics, end will be prosecuted to the meudmum extent possible under the law. Purchasers are permitied to maproduce tan (10) coplan of this document when completed. To report copytight violations of ALA Contract Documents, e-mail The American Inalituta of Architects’ legal counsel, copyrightéele.org. § 2.3 CONSTRUCTION PHASE § 2.3.1 GENERAL $ 2.3.4.1 The Constroction Phase shall commence on the earlier of: (1) the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal and issuance of a Notice to Proceed, or (2) _ the Owner's first authorization to the Construction Manager to: {a) award a subcontract, or (b) undertake construction Work with the Construction. Manager's own forces, or (c) iseue a purchase order for materials or equipment required for the Wark. § 2.3.2 ADMINISTRATION § 2.3.2.1 Those portions of the Work that the Construction Manager does nn customarily perform with the Construction Manager's own personne! shall be performed under aybvontracts or by other appropriate agreements with the Construction Manager. The Construction Manager shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated to a special design for the Work from the list previously reviewed and, after analyzing such bids, shall deliver such bids to the Owner and-Arebitect, The Owner will then determine, with the accepted. The Owner may designate specific persons or entities from whom the Construction Manager shall obtain bids; however, if the Guarenteed Maximum Price has been established, the Owner may not prohibit the Construction Manager from obtajuing bids from other qualified bidders, The Construction Manager shail not be required to contract with anyone to whom the Construction Manager has reasonable. objection. § 23.22 If the Guaranteed Maximum Price has been established and a specific bidder among those whose bids are delivered by the Construction Manager to the Owner end-Architoct-(1) is recommended to the Owner by the Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid which conforms to the requirements of fhe Contract Docympnts without reservations or exceptions, but the Owner requires that another bid be eccepted, then the Constenntjtin Manager may require that a change in the Work be issued to adjust the Contract Time and the Guarantéed Maximum Price by the difference between the bid df the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 2.3.23 Subcontracts and agreements with suppliers furnizhing materials or equipment fabricated to a special design shall conform to the payment provisions of Sections 7.1.8 sud.7.1.9 and shalf not be awarded on the basis of cost plus a fee without the prior consent of the Owner. § 2.3.24 The Construction Manager shall schedule and conduct meetings at which the Owner, Architect, Construction Manager and appropriate Subcontmctors can discuss the status of the Work. The Construction Manager shall prepare and promptly distritute meeting minutes, § 2.32.5 Promptly after the Owner's acceptance of the Guaranteed Maximum Price proposal, the Construction Manager shall prepare a schedule in accordance with Section 3.10 of A201™_-1997, including the Owner's occupancy requirements. § 23.2.6 The Construction Manager shall provide monthly written reports to the Owner sad-Architect on the progress of the entire Work, The Constriction Manager shall maintzin a daily log containing 4 record of weather, Subcontractors working on the site, number of workers, Work accomplished, problems encountered and other similar relevant data aa the Owner may reasonably requite: The log shall be available to the Owner aad Arebiteet: § 2.3.2.7 The Construction Manager shall develop a system of cost control for the Work, inclndjng regular monitoring of actual costs for activities in prégress and estimates for uncompleted tasks and proposed changes. The Construction ‘Manager shail identify variances Between actual and estimated costs and report the verianded to the Owner and Architect at regular intervals, . § 2.4 PROFESSIONAL SERVICES ; Section 3.12.10 of A201™ 1997 shall apply 1o both the Preconstruction and Construction Phases. AIA Dacument A121™ CMe - 2003 and AGC Document 565, Copyright © 1991 and 2603 by The American Insttuts of Architects and Tho Associeted Ganoral Contractors of Americe. All rights maerved, WARNING: This document !z protected by U.8, Copyright Law and 6 Intemetions! Treaties, Unauthorized roproduction or distribution of this document, or any portion of It, may recut in severe civil and ertminal ponaities, and wit! be pronecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (40) copies of this document when completed. To report copyright viciatlons of AIA Contract Documents, e-mail The American insthuts of Architects’ legal counsal, copyright@ala.org. § 2.5 HAZARDOUS MATERIALS Section 10.3 of A201™.1997 shall apply to both the Preconstruction and Construction Phases. ARTICLE 3 OWNER'S RESPONSIBILITIES § 3.4 INFORMATION AND SERVICES § 3.1.4 The Owner shall provide full information in a timely manner regarding the requirements of the Project, inclnding a program which sets forth the Owner's objectives, constraints and criteria, including space requirements and relationships, flexibility and expaudebility requirements, special equipment and systems, and site requirements. § 3.1.2 The Owner shall, st the written request of the Construction Manager pricr fo commencement of the Construction Phase and thereafter, furnish to the Construction Manager reasonabic evidence that financial arrangements have been made to fulfill the Owner's obligations under'the Contract. Fumishing of such evidence shalt be a condition precedent to commencement or continuation $f the Work. After such evidence has been furnished, the Owner shall not materially vary such financial arrangements without prior notice to the Construction Manager. § 3.1.3 The Owner shall establish and update an overall budget for the Project, based on consultation with the Construction Manager and-Axebitect, which shall include contingencies for changes in the Wosk and other costs which are the responnibility of the Owner. § 3.1.4 STRUCTURAL AND ENVIRONMENTAL TESTS, SURVEYS AND REPORTS In the Preconstruction Phase, the Owner shall furnish the following with reasonable promptness end et the Owner's expense. Except to the extent that the Construction Manager Jatows of any inaccuracy, the Construction Manager shall be entitled to rely upon the accuracy of any such information, reports, suryeys, drawings and tests described in Sections 3.1.4.1 through 3.1.4.4 but shall exercise custampry precautions relating to the performance of the Wark. § 3.1.4.1 Reports, surveys, drawings and tests cgnverning the conditions of the site which are required by law. § 3.1.4.2 Surveys describing physical charncteristics, legal limitations and utility locations for the dite of the Project, and a written legal description of tlie site. The surveys and legal information shall include, as applicable, grades and lines of streets, alloys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; aod information conceming available utility servicea and lines, both public and private, ebove and below grade, including inverts and depths. All information on the survey shall be referenced to a project benchmark. $ § 3.1.4.3 The services of a geotechnical engineer when such services are requested by the Construction Manager. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. $ 3.1.4.4 Structural, mechanical, chemical, air and woter