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

construction. -2 Costs of materials described in the preceding Section 6.1.4.1 in excess of thase actually installed but Tequired to provide reasonable allawance for waste and for spoilage. Unused excess materials, if any, shal] be handed over to the Owner at the completion of the Work or, at the Owner's option, shall be sald by the Construction Manager; amounts realized, if any, from such sales shal! be credited to the Owner as & deduction from the Cost of the Work. § 6.1.5 COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND RELATED ITEMS -1 Costa, including transportation, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment, and hand tools not customarily owned by the construction workers, which are provided by the Construction Manager at the site and fully consumed in the performance of the Work; and cost less salvage value on such items if not fully consumed, whether sold to others or retained by the Construction Manager. Cost for items previously used by the Construction Manager shall mean fair market value. 2 Rental charges for temporary facilities, machinery, equipment and hand tools not custamarily owned by the construction workers, which are provided by the Construction Manager at the site, whether rented from the Construction Manager or others, ‘and costs of transportation, installation, minor repairs gad replacements, dismantling and removal-thereof. Rates and quantities of equipment rented shall be subject to the Owner's prior approval. Costs of removal of debris fron the site. Reproduction costs,.costs oftelegrams, facsimile transmissions and long-distance telephone calls, postage and expréss-delivery charges, telephone at the site and reasonable peity cath expenses of the alte office.: - ; 5 That portion of the reasonable travel and subsistence expenses of thé Construction Manager's personnel incurred while traveling in discharge of duties connected with the Work. ab ALA Documant A121"*CMc ~ 2603 and AGG Document S45, Copyright © 1981 and 2003 by The Amarican Inatitute of Architects and The Assodated General Contractors of America. AH rights reserved. WARNING: This docuntsnt Is protected by U.6, Copyright Law and international Treaties. Unauthorized reproduction or distribution of this document, or any partion af It, tay renult In severe civil and criminal ponaitics, and will be prosecuted to the maximum extent possible under the jaw. Purchasers are pesmiiited to reproduce ten (10) copies of this document when completed. Ta report copyright Vioiations cf AIA Contracl Documents, ©-mail The American Insitute of Architects’ legal counsel, aopyright(peia.org. 10 @ § 6.1.6 MISCELLANEOUS COSTS , 1 That portion directly attributable to this Contract of premiums for insurance and bonds, (if charges for self-insurance are to be included, specify the basis of reimbursement.) rs) Sales, use or similar taxes imposed by a governmental authority which are elated to the Work and for which the Construction Manager is lisble. Fees and assessments for the building permit and for other penuits, licenses and inspections for which the Construction Manager is required by the Contract Dooumsnts to pay. Fees of tosting laboratories for tests required by the’Centract Documents, except those related to nonconforming Work other than that for which payment is permitted by Section 6.1.8.2. Royalties and license fees paid for the use of a particular design, process or product required by the Contrect Documents; the cost of defending suits or claims for infringement of patent or other intellectual property rights arising from such requirement by the Contrect Documents; payments made in accordance with legal judgments against the Construction Manager resulting from euch suits or claims and payments of settlements made with the Owner's consent; provided, however, thet such costs of legal defenses, judgment and settlements shall not be included in the celculation of the Construction Manager's Fee or the Guaranteed Maximum Price and provided that such royalties, fers and costs are not excluded by the last sentence of Section 3.17.1 of A2HE™—1997 or other provisions of the Contract Documents. «6 Data processing costs related to the Work. .7 Deposits lost for causes other than the Consirtiction Managet’s negligence or failure to fulfill a apecific responsibility to the Owner set forth in this Agreement. : 8 Legal, mediation and arbitmtion costs, other than those arising from disputes between the Owner and Construction Manager, reasonably incurred by the Construction Manager in the performance of the Work and with the Oxmet*s written permission, which permission ehell not be unteasonebly withheld. 9 Bxpenses incurred in eccordance with Construction Manager's standard perspanel policy for relocation and temporary living allowances of personnel required for the Worl, in case it is neceasary to relocate such personnel from distant locations. > w in § 6.1.7 OTHER COSTS 1 Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by the Owner. § 6.1.8 EMERGENCIES AND REPAIRS TO DAMAGED OR NONCONFORMING WORK The Cort of the Work ahall also include costs described in Section 6.1.1 which are incurred by the Construction Manager: .1 In taking ection to prevent threatened damage, injury or logs in case of an emergency affecting the safety of persona and property, as provided in Section 10.6 of A201™1997, 2 In repairing or correcting damaged or nonconforming Work executed by the Construction Manager or the Construction Manager's Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence or failure to fulfill a specific responsibility to the Owner set forth in this agreement of the Construgiion Manager or the Construction Manager's foremen, engineers or superintendents, or other supervixoty, administrative or managerial personnel of the Construction Manager, or the failure of the Construction Manager’s personnel to supervise adequately the Work of the Subcontractors or suppliers, and only to the extent that the cost of repair or cortection is not recoverable by the Construction Manager from insurance, Subcontractors or duppfiers. § 8.1.9 The coats described in Sections 6.1.1 through 6.1.8 shall be included in the Coat of the Work notwithstanding any provision of ALA-or A201™_1997 other Conditions of the Contract wtih may require the Construction Manager to pay such costs, unless such costs are excluded by the provisions of Section 6.2. ASA Document A1Z1™CMo - 2003 and AGC Document 565. Copyright © 1091 and 2003 by The American Institute of Architects and The Astoclaind Genera! Contractors of America. All rights maarved. WARNING: Thie document Is protected by U.S. Copyright Law and 44 International Treaties, Unauthorized reproduction or distribution of this document, or any portion of It, may recut In severe civil and eriminal ponzitios, and will be prosecuted to the maximum extent possible under the lew. Purchasers are permitted to reproduce ten (10) copies of this doournenl when compisted, To report copyright violations of AIA Contrect Documents, 6-mail The Amotican insitiute of Architects’ fagal counsel, copyrigh@ala. org. . § 6.2 COSTS NOT TO BE REIMBURSED § 6.2.1 The Cost of the Work shall not include: -1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office, except as specifically provided in Sections 6.1.2.2 and 6.1.2.3. Expenses of the Construction Manager's principal office and offices other than the site office, except as specifically provided in Section 6.1. 3 Overbead and general expenses, except as may be expressly included in Section 6,1. -4 The Construction Manager's capital expenaca, including interest on the Construction Manager’s capital employed for the Wark. +5 Rental costs of machinery and equipment, except as specifically provided in Section 6.1.5.2. -6 Except as provided in Section 6.1.8.2, costs due to the negligence of the Construction Manager or to the failure of the Construction Manger to fulfill a specific responsibility to the Owner set forth in this Agreement, -7 Costs incurred in the performance of Preconstruction Phase Services. 8 Except as provided in Section 6.1.7.1, any cost not specifically and expressly described in Section 6.1. 93 Costs which would cause the Guaranteed Maximum Price fo be exceeded. § 6.3 DISCOUNTS, REBATES AND REFUNDS § 6.3.1 Cash discounts obtained on payments mede by the Construction Manager shall accrue to the Owner if (1) before making the payment, the Construction Manager included them in an Application for Payment and received payment therefor from the Owner, or (2) the Owner has deposited funris with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall meke provisions so that they can be secured. § 6.3.2 Amounts which accrue to the Owner in accordance with the provisions of Section 6.3.1 shall be credited to the Owner 2s a deduction from the Cost ef the Work. § 6,4 ACCOUNTING RECORDS § 64.1 The Construction Manager shall keep full and detailed accounts and exercise such controls es may be necessary for proper financial management under this Contract; the accounting and contro] systems shall be satisfactory to the Owner, The Owner and the Owner’s accountants shall be afforded access to the Construction Manager's records, books, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project, and the Construction Manager shall preserve these for a period of three years after final payment, or for such longer period as may be required by law. ARTICLE 7 CONSTRUCTION PHASE § 7.1 PROGRESS PAYMENTS § 7.1.1 Based upon Applications for Payment submitted-te-the Azebiitect by the Construction Manager and priificetes for Payment issued-by-thovirehitest, the Owner shall make progress payments on account of the Contract Sum to the Construction Manager as provided below and elsewhere in the Contract Documents, § 7.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or ss follows: § 7.1.3 Provided an Application for Payment is received by the Architect not later than the 25th day of a month, the Owner shell make payment to the Construction Manager not later titan the 20th day of the following moxth. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than twenty ( 26 _) days after the Architect receives the Application for Payment, AIA Document A121™CMc = 2003 and AGC Document 565. Copyright © 4801 and 2003 by The American institute of Architects and The Associated General Contractors of Amorioa, All rights reserved. WARNING: This dacument ls protected by U.S. Copyright Law and 12 International Treaties. Unauthorized reproduction or distribution of this document, or any portion of It, Muay result In sevare civil and criminal penalties, and will be prosecuted to the maximum extent possible under the lew. Purchasers em perniited to reproduce ten (10) copies of this document when Completed. To report copyright violations of ALA Contrac! Documents, e-mail The American Institute of Architects’ fogal counsel, Copyright@ela.org, : § 7.1.4 With each Application for Payment, the Construction Manager shall submit payrolls, petty.cash accounts, receipted invoices or invoices with check vouchers attached dnd any other evidence required by the Owner ez Arehitest to demonstrate thst cash