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

pollution tests, tests for hazardous materials, and other laboratory and environmentel tests, inspections and reports which are required by law. § 3.1.4.5 The services of other consultants when such services are reasonably required by the scope of the Project and ere requested by the Construction Manager. . § 3.2 OWNER’S DESIGNATED REPRESENTATIVE The Owner shall designate in writing 4 representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization, This representative shall have the authority to make decisions on behalf af the Owner conceming estimates and schedules, construption Gaiigets, and changes in the Work, and shall render auch decisions promptly and furnish information expeditisusly, 80 as to avoid unreasonable delay in the services or- Work of the Construction Manager. Except as otheriyisé-provided in Section 4.2.1 of A201™_1997, the Architect does not have such authority. . AIA Document Ai21™ Cie — 2063 and AGC Document 665, Copyright © 1991 and 2003 by The American institute of Architects and The Associated Gensral Contractors of America. All rights reserved, WARNING: This document ls protected by U.S. Copyright Law and Internstions| Treatles. Unauthorized reproduction er distribution of this decument, or eny portion of it, may ranult In sevars cfvil and criminal penaitios, and will be prosecuted to the maximum extent posulble under the law. Purchasers ane permitied to reproduce tan (10) coplee of this document when completed. To report copyright Violations of AIA Contract Documents, e-mail The American Institute of Architects’ fagal counsel, copyright@ale.or. § 3.3 ARCHITE Construction Manager The nner ‘fell Tonia an Architect to provide Basic Services, including normal structural, mechanical and electrical engineering services, other than cost estimating services, described in the edition of AIA® Document B1S1™_1997 Abbreviated Standard Form of Agreement Between Owner and Architect current as of the date of this Agreement. The Owner shall authorize and cause the Architect to provide those Additional Services described in B151™-] 997, requested by the Construction Manager which must necessarily be provided by the Architect for the Preconstruction and Construction Phases of the Work. Such services shall be provided in accordance with time schedules agreed to by the Owner, Architect and Construction Manager. Upen-request-of the-Construction- Manases, the Owner-she! § 3.4 LEGAL REQUIREMENTS The Owner shall determine and advise the Architect and Construction Manager of any special legal requirements relating specifically to the Project which differ from those generally applicable to construction in the jurisdiction of the Project. The Owner shall furnish such legal services as are necessary to provide the information and services required under Section 3.1. ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES The Owner shall compensate and make payments to the Construction Manager for Preconstruction Phase services 2g follows: § 41 COMPENSATION 7 § 4.1.1 For the services described in Sections 2.1 and 2.2, the Construction Manager’s compensation shall be calculated as follows: (State basis of compensation, whether a stipulated sum, multiple of Direct Personnel Expense, actual cost, etc, Include a statement of reimbursable cost items as applicable) 1% of total construction budget for the project, not including Design Fees. Phase 1 $12,000 Phase 2 $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 liable only for completed work as of that date. § 4.1.2 Compensation for Preconstruction Phase Services shall be equitably adjusted if such services extend beyond thirty ( 30. ) days from the date of this Agreement or if the originally contemplated scope of services is significantly modified. H4A8 H pampensation is BeseG oh jae iple-a § 4.2 PAYMENTS § 4.2.1 Payments shall be made monthly following presentation of the Construction Manager's invoice and, where applicable, shall be in proportion to services performed. § 4.2.2 Payments are due and payable twenty ( 20 ) days from the date the Construction Manager's invoice is received by the Owner. Amounts unpaid after the date on which payment is due shall bear interest at the rate entered below, or in the absence thereof, at the legal mate prevailing from time to time at the place where the Project ig located, (insert rate of interest agreed upon.) 1/2% per month (Usury laws and requirements under the Federal Truth in Lending Act, similar atate and local consumer credit laws and other regulations at the Owner's and Contractor $ principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obiained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) AlA Document A121™ CMe ~ 2003 and AGC Dooument 565. Copyright © 1001 and 2003 by The American institute of Architects and The Assodated General Contractors of America. All rights reserved. WARNING: This document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distributian oJ thie documant, or any partion of It, may resull In severe civil and criminal penaities, and will be prosecuted to the maximum extent possible under the jaw. Purchasers am permitted to reproduce ten (10) copies of this document whan completed. To report copyright violations of AIA Contract Documents, e-mail The American Inatitute of Architects’ legal counsel, copyright@ala.crg, ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES The Owner shall compensate the Construction Manager for Construction Phase services as follows: § 5.1 COMPENSATION § 5.1.4 For the Construction Manager’s performance of the Work as described in Section 2.3, the Owner shall pay the Construction Manager in current finds the Contract Sum consisting of the Cost of the Work. as defined in Article 7 and the Constniction Manager's Fee determined as follows: (State a lump sum, percentage of actual Cost of the Work or other provision for determining the Construction Manager 's Fee, and explain how the Construction Manager's Fee is to be adjusted for changes in the Work.) Construction Manager's fee will total 5% of the total construction cost, exofuding any Design fees. Design fees included in the Construction Manager's scope of work are defined in Article | 5. § 5.2 GUARANTEED MAXIMUM PRICE § 5.2.1 The sum of the Cost of the Work and the Construction Manager's Fee are guaranteed by the Construction Manager not to exceed the amount provided in Amendment No. 1, subject to additions and deductions by changes in the Work es provided in the Contract Documents. Such maximum sum as adjusted by approved changes in the Work is referred to in the Contract Documents as the Guaranteed Maximum Price, Costs which would cause the Guasanteed Maximam Price to be excecded shall be paid by the Construction Maneger without reimbursement by 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. § 5.3 CHANGES IN THE WORK § 5.3.1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of Amendment No. 1 may be determined by any of the methods listed in Sectiqn 7.3.3 of A201™-1997. § 3.3.2 In caloulating adjustments to subcontracts (except those awarded with the Owner’s prior consent on the basis of cost plus a fee), the terms “cost” and “fee” as used in Section 7.3.3.3 of A201™-1997 and the terms “costs” and “a reasonable allowance for overhead and profit” as used in Section 7.3.6 of AZ01™-1997 shall have the meanings asaigned to them in that document and shall not be modified by this Article 5. Adjustments to subcontracts awarded with the Owner's prior consent on the basis of cost plus a fee shal! be calculated in accordance with the terms of those subcontracts. § §.3.3 In calculating adjustments to the Contract, the terms “cost” and “costs” as used in the above-referenced provisions of A201™-1997 shall mean the Cost of the Work as defined in Article 6 of this Agreement, and the term “and a reasonable allowance for overhead and profit" shall the Construction Manager's Feo as defined in Section 5.1.1 of this Agreement. § 6.34 If no specific provision is made in Section 5.1.1 for adjustment of the Construction Manager's Fee in the case of changes in the Work, or if the extent of such changes ix such, in the aggregate, that application of the adjustment provisions of Section 5.1.1 will cause substantial inequity to the Owner or Construction Manager, the Construction Manager's Fee shall be equitably adjusted on the basis of the Fee established for the original Work. ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE § 6.1 COSTS TO BE REIMBURSER § 6.4.4 The term “Cost of the Work” shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work, Such costs shall be at rates not higher than those custotnarily paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include énly the items set forth in this Article 6. AIA Document A121™ Cc - 2903 snd AGC Documant 885. Copyright © 1991 and 2003 by The Ametican Institute of Archilacta end The Associsted General Contractors of America, Ail rights reserved. WARNING: This document i= protected by U.S. Copyright Law end Internationa! Treaties. Unauthorized roproduction of distribution of this document, er any portion of it, may resuit In eavere civ end criminal penalties, and will be prosocuted to the maximum extent poselble under the fav. Purchassre are permitiad to reproduoa ten (10) copies of this document when completad, To report copyright violations of AIA Confrat! Documents, e-mail The American Institute of Architects’ legal counse!, copysight@pala. org, § 6.1.2 LABOR COSTS oL Wages of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner's agreement, at off-sits workehops. 2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site with the Owner's agreement. (if it is intended that the wages or salaries of certain persormel stationed at the Canstruction Manager ’ principal office or offices other than the site office shall be included in the Cost of the Work, such personnel shall be identified below.) * Estimators and Project Manager will work from Construction Manager's main office during pre-construction. 3 Wages and salaries of the Construction Manager’s supervisory or administrative personnel engaged, at factocies, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. 4 Costs paid or incurred by the Construction Manager for taxes, insurance, cantributions, assessments and bonefita required by law or collective bargaining agreements, and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided that such costs are based on wages and salaries included in the Cost of the Work under Sections 6.1.2.1 through 6.1.2.3, § 6.1.3 SUBCONTRACT COSTS Payments made by the Construction Manager to Subcentrectets in accordance with the requirements of the subcontracts. § 6.1.4 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION 1 Costs, including transpartation, of materials and equipment incorporated or to be invorporated in the completed