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

individual policies or bya combination of primary policies and Umbrella and/or Excess Liability policies. If Project Management Protective Liability Insurance is to be provided, state the limits here.) Each Occurence $10,000,000 Aggregate $10,000,000 § 6.2 INSURANCE REQUIRED OF THE OWNER During both phases of the Project, the Owner shall pprohese and maintain liability and property insurance, inoluding waivers of subrogation, as set forth in Sections 11.2 and 11.4 of A201™-1997. Such insurance shall be written for not less than the following limits, or greater if required by law: § 8.2.1 Property Insurance: $ 5,000. Deductible Per Occurrence $ 5,060 Aggregate Deductible AA Document A121™CMe — 2005 and AGG Document 565, Copyright © 1991 and 2003 by The American Institute of Architects and The Associated General Contractore of Amarica. All rights reserved, WARNING: This document ls protected by U.S. Copyright Law and 15 Internationa! Treaties. Unauthorized roproduction or distribution of this document, or any portion of It, may roault In severe civil and criminal penalties, and wil ba prosecuted fo the maximum extent possible under the law. Purchasers are permitted to reproduce len {10) coples of thls document! whan compioted. To report copyright violations of AIA Contract Documents, e-mail The Amartoan Institute of Architects: legal counsal, copyright@ale.org, § 8.2.2 Boiler and Machinery insurance with a limit of § N/A (If not a blanket policy, list the objects to be insured.) § 8.3 PERFORMANCE BOND AND PAYMENT BOND § 6.3.1 The Construction Manager shall (Insert “shall” or ‘‘shall not”) furnish bends covering faithful performance of the Contract and payment of obligations arising thereunder. Bonds may be obtained through the Construction Manager’s usual source, and the cost thereof shall be included in the Cost of the Work. The amount of cach bond shall be equat toone hundredpercent ( 100 %) of the Contract Sum. * *Excluding Design fees § 8.3.2 The Construction Manager shalt deliver the required bonds to the Owner at least three days before the commencement of any Work at the Project site, ARTICLE 9 MISCELLANEOUS PROVISIONS § 9.1 DISPUTE RESOLUTION § 9.1.1 During both the Preconstruction and Construction Phases, Claims, disputes or other matters in question between the parties to this Agreement shall be resolved as provided in Sections 4.3 through 4,6 of A201™4_1997 except that, during the Preconstruction Phase, no decision by the Architect shall be 2 condition precedent to mediation or arbitration. § 9.2 OTHER PROVISIONS § 9.2.4 Unless otherwise noted, the terms used in this Agreement shall have the same meaning as those in A20]T™#. 1997, General Conditions of the Contract for Construction. § 9.22 EXTENT OF CONTRACT This Contract, which includes this Agreement and the other documents incorporated herein by reference, represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral, This Agrecment may be amended only by written instrument signed by both the Owner and Construction Manager, If anything in any document incorporated into this Agreement is inconsistent with this Agreement, this Agreement shall govern. § 9.2.3 OWNERSHIP AND USE OF DOCUMENTS Article 1.6 of A20}™-1997 shall apply to both the Preconstruction and Construction Phases, § 9.2.4 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located. § 9.2.5 ASSIGNMENT The Owner and Construction Manager respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2 of A201™-1997, neither party to the Contract shall assign the Coutract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless reroain legally responsible for all obligations under the Contract. ARTICLE 10 TERMINATION OR SUSPENSION § 10,1 TERMINATION PRIOR TO ESTABLISHING GUARANTEED MAXIMUM PRICE § 10.1.1 Prior to execution by both parties of Amendment No. 1 establishing the Guaranteed Maximum Price, the Owmer may terminate this Contract at any time without cause, and the Construction Matuger may terminate this Contract for any of the reasons described in Section 14.1.1 of AZ0I™ 1997. § 10.1.2 If the Owner or Construction Manager terminates this Contract pursuant to this Section 10.1 prior to cormmencement of the Construction Phase, the Construction Manager shall be equitably compensated for AIA Document A121™CMc ~ 2603 and AGC Documant 585, Copyright © 1694 and 2003 by The Amatioan Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING: Thle document |e protected by U.S. ‘Copyright Law and International Treaties. Unauthorized roproduction or dlateioution of this document, or any portion of it, may result in severe clyil and criminal paneltles, and will be prosecuted (o the meximum extent possible under tive law, Purchasers are permitted to reproduca ten (10) copiea of this document when completed. To rapart copyrigh! violationa of ALA Contract Documenta, e-nail Tha American Institute of Architects’ fegal counsel, copyrighi¢Qala.org. Preconstruction Phase Services performed prior to receipt of notice of termination; provided, however, that the compensation for such services shai] not exceed the compensation set forth in Section 4.1.1. § 10.1.3 If the Owner or Construction Manager terminates this Contract pursuant to this Section 10.1 after commencement of the Constniction Phase, the Construction Manager shall, in addition to the compensation provided in Section 10.1.2, be paid an amount calculated as follows: 1 Take the Cost of the Work incurred by the Construction Manager. 2 Add the Construction Manager's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 5.1 or, if the Construction Manager’s Fee is stated as a fixed sum in that Section, an amount which bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probsble Cost df the Work upon its completion. 3 = Subtract the aggregate of previous payments made by the Owner on account of the Construction Phase. The Owner shall also pay the Construction Maneger fair compensation, cither by purchase or rental at the election of the Owner, for any equipment owned by the Construction Marlager which the Owner elects to retain and which is not otherwise included in the Cost of the Work under Section 10.1.3.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a condition of receiving the payments referred to in this Article 10, execute and deliver all such papers and take all Such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may require for the purpose of fally vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. Subcontracts, purchase orders and rental agreements entered into by the Construction Manager with the Owner's written epprova! prior to the execution of Amendment No, 1 shill contain provisions permitting assignment to the Owner a8 described above. If the Owner accepts such assignment, the Owner shall reimburse or indemnify the Construction Manager with respect to all costs arising under the subcontract, purchase order or rental agreement except those which would not have been reimbursable as Cost of the Work if the contract had not been tetatinated. If the Owner elects not to accept the assigament of any subcontract, purchase order or rental agreement which would have constituted a Cost of the Work had this agreement not been terminated, the Construction Manager shall terminate such subcontract, purchase order or reatal agreement and the Owner shall pay the Construction Manager the costs necessarily incurred by the Construction Manager by reason of such terttination. § 10.2 TERMINATION SUBSEQUENT TO ESTABLISHING GUARANTEED MAXIMUM PRICE Subsequent to execution by both parties of Amendment No. 1, the Contract may be terminated as provided in Article 14 of A201™-1997. § 10.2.1 In the event of such termination by the Owner, the amount payable to the Construction Manager pursuant to Section 14.1.3 of A201™~1997 shall not exceed the amount the Construction Manager would have been entitled to receive pursuant to Sections 10.1.2 and 10.1.3 of this Agreement. § 10.2.2 In the event of such termination by the Construction Manager, the amount to be paid to the Construction Manager under Section 14.1.3 of A201™-—1997 shall not exceed the amount the Construction Menager would have been entitled to receive under Sections 10.1.2 and 10.1.3 above, except that the Construction Manager's Fee shall be calculated as if the Work had been fully completed by the Construction Manager, including a reasonable estimate of the Cost of the Work for Work not actually completed. § 10.3 SUSPENSION The Work may be suspended by the Owner as provided in Article 14 of A201™_1997; in such case, the Guaranteed Maximum Price, if established, shall pe incréased as provided in Section 14.3.2 of A201™-1997 except that the term “cost of performance of the Contract” in that Section shall be understood to mean the Cost of the Work and the term “profit” shall be understood t» mean the Construction Manager's Fee as described in Sections 5.1.1 and 5.3.4 of this Agreement. . AIA Document A121 Clic = 2003 and AGC Document 885. Copyright © 1961 and 2003 by The American Institute of Architects and The Associated Genaral Contractors of America. All rights reserved. WARNING; This document Is protected by U.8. Copyright Law and Internationel ‘Treaties. Unauthorized reproduction or distribution of thle document, or any portion of it, may resuit In severe civil snd criminal ponaitles, and will be prosecuted to the maximum extent posalble under the law. Purchasers are panmitied to reproduce tan (10) coples of thls document when completed. To repart copyright violetions of AIA Contract Documents, e-mail Tha American tnatituta of Archilects' legal 17 ARTICLE 11 OTHER CONDITIONS AND SERVICES Design fees AIA B143-2004 (copy attached) AIA B143-2004 Exhibit A (copy attached) AIA B143-2004 Exhibit B (copy attached) Exhibit C - Fee Basis per Florida Department of Management Services Fee Curve (copy attached) Choctaw Engineering proposal dated September 25, 2012 (copy attached). The contract may be terminated by the Owner for any reason during Phase I services per Exhibit C with no liability for services beyond Phase 1, Owner, as a political subdivision of the State of Florida, has sovereign immunity for liability for torts. This immunity has been waived subject to those limits specified in Section 768.28, Florida Statutes. Nothing in this Agreement or in any agreement referenced herein shall require Owner to be liable or responsible for any tort liability in excess of the statutory limits specified in Section 768.28, Florida Statutes. Owner does not and shal] not indemnify any other party for liability in excess of the limits specified in Section 768.28 (5), Florida Statutes. This Agreement entered into as of the day and year first written above. OWNER CONSTRUCTION MANAGER (Signature) (Signature) Don Amunds, Chairman, Okaloosa BCC Leven D. Lord II, President (Printed name and title) (Printed name and title) 21 September 2012 Date Date ATTEST ATTEST CAUTION: You should sign an