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

disbursements already mads by the Construction Manager on account of the Cost of the Work equal or exceed (1) progress payments already received by the Construction Manager; less (2) that portion of those payments attributable to the Construction Manager's Fee; plus (3) payrolls for the period covered by the present Application for Payment. § 7.1.5 Bach Application for Payment shall be based upon the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work, except that the Construction Manager's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as > Cons Manger This schedule, unless ebjected-toby-the Aschitec Ons shall be used as a basis for reviewing the C: ction Manager's Applications for Payment. Omer § 7.1.6 Applications for Payment shall show the percentage completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed or (2) the percentage obtained by dividing (a) the expense which has actually been incurred by the Construction Manager on account of that portion of the Work for which the Construction Manager has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 7.1.7 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: -l Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values, Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.8 of A201™-1997, even though the Guaranteed Maximum Price has not yet been adjusted by Change Order. -2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing, -3 Add the Construction Manager’s Fee, less retainage of ten percent ( 10 %), The Construction Manager's Fee shall be computed upon the Cost of the Work described in the two preceding Sections at the rate stated in Section 5.1.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, shall be an amount which bears the same ratio to that fixed-sum Fee as the Cost of the Work in the two preceding Sections bears to a reasonable estimate of the probable Cost of the Work upon its completion. 4 Subtract the aggregate of previous payments made by the Owner. 5 Subtract the shortfall, if any, indicated by the Construction Manager in the documentation required by Section 7.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's accountants in such documentation. 6 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of A201™-1997, § 7.1.8 Except with the Owner's prior approval, payments to Subcontractors shall be subject to retention of not less than ten pereent( 10 %). The Owner and the. Construction Manager shall agree upon a mutually acceptable procedure for review and approval of payments and retention for subcontracts. § 7.1.9 Except with the Owner's prior approval, the Construction Manager shall not make advance psyments to suppliers for materials or equipment which have not been delivered and stored et the site. Owner § 7.1.40 In taking action on the Construction Manager's Applications for Payment, the iteot shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager and shall not be deemed to represent that the Architect has made a detailed examination, audit or arithmetic verification of the Owner AJA Document A121™CMe - 2003 and AGC Document 863. Copyright © 1251 and 2003 by The American Inaiituis of Architects and The Assotdaled Generel Contactor of America. AU rights reserved. WARNING: This document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction of distibution of thie document, or any portian of ti, may result in severe cfyil and criminal ponattiea, and will be prosecuted to the maximum axtent possible undar the law. Purchasers are permitted tp reproduce tan (40) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Inutiiute of Architects’ legal counsel, oopyright@ala.crg. 13 a Owner documentation submitted in accordance with Section 7.1.4 or other supporting data, that the has made exhaustive or continuous on-site inspections or that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's accountants acting in the sole interest of the Owner. § 7.2 FINAL PAYMENT § 7.2.1 Final payment shall be made by the Owner to the Construction Manager when (1) the Contrect has been fully performed by the Construction Manager except for the Construction Manager's raspousfbility to correct nonconforming Work, as provided in Section 12.2.2 of A201™-1997, and to satisfy other requirements, if any, which necessarily survive fine! payment; (2) a final Application for Payrment-arid-a final accounting for the Cost of the Work have been submitted by the Construction Manager and reviewed by the Owner's accountants; and (3) a final Certificate for Payment bas then been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the Arehiteot’s final Certificate for Payment,or-as-followa: Construction Manager § 7.22 The amount of ths final payment shall be calculated as follows: 1 Take the sum of the Cost of the Work substantiated by the Construction Manager's final sccounting and the Construction Manager’s Fee, but not more than the Guaranteed Maximum Price, 2 Subtract amounts, if any, for which the Architect withholds, in whole or in part, a final Certificate for Payment as provided in Section 9.5.1 of A20}"-1997 or other provisions of the Contract Documents, 3 Subtract the aggregate of previous payments mads by the Owner. If the aggregate of previous payments made by fle Owner cxceeds the amount due the Construotian Manager, the Construction Manager shall reimbursg the difference to the Owner. will authosize the § 7.2.3 The Owner's accountants will review and report in writing on the Cofistruction Manager's final accounting within 30 days after delivery of the final accounting to-the-Architect-b He Coastraction Manager. Based upon such Cost of the Work es the Owner's sccountants report to be substantiated by the Construction Manager's final § 7.24 If the Owner's accountants report the Cost of the Work as substantiated by the Construction Manager's final accounting to be less than claimed ty the Construction Manager, the Construction Manager shall be entitied to proceed in accordance with Article 9 witheut-e-further- decision-of the Architect, Unless agreed to otherwise, 8 demand for mediation or arbitration of the disputed amount shall be made by the Construction Manager within 60 days after the Construction Manager's receipt of e copy of the Arvhitect's-final Certificate for Payment, Pailure to make such demand within this 60-day period shall result in the substantiated amount reported by the Owner's accountants becoming binding on the Construction Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Construction Manager the emount certified in the Avehiteet’s final Certificate for Payment, § 7.2.5 If, subsequent to final payment and at thé Owner's request, the Construction Manager incurs ¢psts described in Section 6.1 and not excluded by Sestinn 6.2 (1) to correct nonconforming Work or (2) arising from the resolation of disputes, the Owner shall reimburse the Construction Manager such costs and the Construction Manager's Fee, if any, related thereto on the gine basis as if such costs had been incurred prior to final payrheiit, but not in excess of the Guaranteed Maximum Price. If the Construction Manager has participated in savings, the amount of such savings shell be recalculated and appropriate credit given to the Owner in determining the net emount to be paid by the Owner to the Construction Manager. AIA Document A121"™CMe ~ 2003 and AGC Document 568. Copyright © 1861 and 2003 by The American Institute of Architects and The Associated General Contractors of Amesice. All rights reserved. WARNING: This documnant Is profacted by U.S. Capyright Law and International Treaties. Unauthorized ruproduction or distribution of this document, or any portion of it, may reoult In severe elvil and criminal ponelties, and will ba prasscuted to the maximum extent possible under the law. Purchasers sre permitted to Feproduce ten {10} copia of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American inelitute af Architacts' Inga) counsal, copyright@ala.arg. : 14 ARTICLE 8 INSURANCE AND BONDS § 8,1 INSURANCE REQUIRED OF THE CONSTRUCTION MANAGER During both phases of the Project, the Construction Maneger shall purchase and maintain insurance as set forth in : Section 11.1 of A201™-1997, Such insurance shall be written for not less than the following limits, or greater if required by law: § 8.1.4 Workers’ Compensation and Employers’ Liability meeting statutory limits mandated by state and federal laws. If (1) limits in excess of those required by statute are to be provided, or (2) the employer is not atutorily bound to obtain such insurance coverage or (3) additional coverages are required, additional coverages and limits for such insurance shall be as follows: Employers’ Liability Each Accident 5500,000 Employers’ Liabiilty Disease - Each Employee $500,000 Employers’ Liability Disease - Policy Limit $500,000 § 6.1.2 Commercial General Liability including coverage for Premises-Operations, Independent Contractors’ Protective, Products-Completed Operations, Contractual Lishility, Personal Injury and Broad Form Property Damage (including coverage for Explosion, Collapse and Underground hazards): $ 1,000,000 Each Occurrence $ 2.000.000 General Aggregate $ 1,000,000 Personal and Advertising Injury $ 2,000,000 Products-Completed Operations Aggregate +1 The policy shall be endorsed to have the General Aggregate apply to this Project only. 2 Products and Completed Operations insurance shall be maintained for a minimum period of at least ( ) year(s) after either 90 days following Substantial Completion or final payment, whichever is earlier. 3 The Contractual Lisbility insurance shall include coverage sufficient to meat the obligations in Section 3.18 of A201™-1997, ; § 8.1.3 Automobile Liability (owned, non-owned and hired vehicles) for bodily-injury and property damage: $1,000,000 Combined Single. Limit Each Accident § 8.1.4 Other coverage: Of Umbrella Excess Liability coverage is required over the primary insurance or retention, Insert the coverage limits, Commercial General Liability and Automobile Liability limits may be attained by