Okaloosa County BOCC — August 6, 2013 — Lord & Son Contract with Exhibits & Internal Coordination Sheet — reading text

CONTRACT & LEASE INTERNAL COORDINATION SHEET Controct/Lease Number;_2/2 -/ G95 -fm Tracking Number: £3 SHf3 Contractor/Lessee Name: Lewd exd Son Costouglivals Grant Funded: YES No” Purpose: Design Lull ba Shale. eal” Aon tf Datefterm: _ Jatlokrat< 1. AYGREATER THAN $50,000 Amount: #/66,,597.02 2. 1 GREATER THAN $25,000 Department;_£, #. : 3. C) $25,000 or Less Dept. Monitor Name:_/Dread/ Jb rn er Document has been reviewed ond includes any attachments or exhibits. Phasing Revieg, veoh ze fore Xs 43 & 4B the Boned pe bie Procurement requirements ore met: Vai | CO 2g. Date: Sas F PoFchasifg Director or designee Risk Management Review Le County Afforney Review Date: ey oY, 13 County AHomey Following Okaloosa County approvol: Contracts & Grants Document has been received: Dote: Contracts & Grants Manager anit, MATA Document A133" — 2009 Standard Form of Agreement Between Owner and Construction Manager as _ Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price l6th, BCC approval AGREEMENT made as of the 9th- day of October in the year 2012 (in words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status and address) Okaloosa County Board of County Commissioners 1804 Lewis Turner Bivd, Suite 100 Fort Walton Beach, FL 32547 and the Construction Manager: (Name, legal status and address) Lord & Son Construction, Inc. 19 David Street Fort Walton Beach, FL 32547 for the following Project: (Name and address or location) Shalimar Courthouse Annex Renovations 1250 Eglin Parkway Shalimar, FL 32579 ‘The Architect: (Name, legal status and address) DAG Architects Inc. 1223 Airport Road Destin, FL 32541 The Owner's Designated Representative: (Name, address and other information) Don Amunds 1804 Lewis Turner Bivd, Suite 100 Fort Walton Beach, FL 32547 Telephone Number: 850.651.7105 Fax Number: 850.651.7142 Email Address: damunds@cc.okaloosa.fl_us The Construction Manager's Designated Representative: (Name, address and other information) ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. Tha author may also have revised the text of the orginal AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the Standard form text is available from the author and should be reviewed. A vertical line in the ieft margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important jegal consequences, Consultation with an attomey is encouraged with respect to its completion or modification. AlA Document A201™-—2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Oo not use with other general conditions untess this document Is modified. AIA Document A133™ ~ 2009 (formarty A1Z1™ Clic — 2063), Copyright @ 1891, 2003 and 2009 by The Amencan institute of Architects. Ali rights reserved. WARNING: This AIA* Document is protected by U.S, Copyright Law and international Treaties. Unauthorized reproduction or distribution of this, Ae Gecument, or any portion of it, may result in severe civil end criminal penaitles, and wit! be prosecuted to the maximum extent possible under the faw. This document was produced by AIA software et 16:04:41 on 10/15/2012 wnder Order No.5082324330_1 which expires an 01/16/2013, and ia not for resale. User Notes: (1482324325) ew 4 Galt, Spike Lord 19 David Street Fort Walton Beach, FL 32457 Telephone Number: 850.863.5158 Fax Number: 850.862.4904 Mobile Number:850.259.9591 ~ ~ Email Address: spike@lordandson.com The Architect's Designated Representative: (Name, address and other information) Pat Ballasch 1223 Airport Road Destin, FL 3254} Telephone Number: 850.837.8152 Fax Number: 850,654.4276 Mobile Number: 850.217.4970 Email Address: pballasch@dagarchitects.com The Owner and Construction Manager agree as follows. ALA Documant A133™ ~ 2008 (formerly AI217°CMc - 2003). Copyright © 1991, 2003 and 2008 by The American institute of Architects. Alf rights reserved. WARNING: Thia AIA® Document is protectad by U.S. Copyright Law and internotiona! Treaties. Unguthorized reproduction or distribution of this AIA’ 2 Document, or any portion of it, may result in severe civil and criminat penaities, and will be prosecuted to the maximum extant possible under tive law. This document was produced by AIA software at 18:04:14 on 10/16/2012 under Order No.§082324330_1 which expires on 01/18/2043, and ie not far resale. User Notes: (1482324325) Ao Init. TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 __ CONSTRUCTION MANAGER'S RESPONSIBILITIES 3 —_OWNER’S RESPONSIBILITIES 4 _ COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES $ COMPENSATION FOR CONSTRUCTION PHASE SERVICES § COST OF THE WORK FOR CONSTRUCTION PHASE 7 _ PAYMENTS FOR CONSTRUCTION PHASE SERVICES 8 INSURANCE AND BONDS 9 DISPUTE RESOLUTION 40 TERMINATION OR SUSPENSION 41 ‘MISCELLANEOUS PROVISIONS 42 SCOPE OF THE AGREEMENT ARTICLE 1 GENERAL PROVISIONS § 4.1 The Contract Decuments The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract and are as filly a part of the Contract as ifattached to this Agreement or repeated herein. Upon the Owner’s acceptance of the Construction Manager’s Guaranteed Maximum Price proposal, the Contract Documents will also include the documents described in Section 2.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 2.2.8, The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreemients, either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. § 4.2 Relationship of the Parties The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager’s skill and judgment in furthering the interests of the Owner; to furnish efficient construction administration, management services and ” supervision; to furnish at ali fimes an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner’s interests. The Owner agrees to furnish or approve, in a timely manner, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents, § 1.3 General Conditions For the Preconstruction Phase, AIA Document A201™-2007, General Conditions of the Contract for Construction, shail apply only as specifically provided in this Agreement. For the Construction Phase, the general conditions of the contract shail be as set forth in A201~2007, which document is incorporated herein by reference. The term "Contractor" as used in A201!-2007 shall mean the Construction Manager. ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES The Construction Manager’s Preconstruction Phase responsibilities are set forth in Sections 2.1 and 2.2. The Construction Manager’s Construction Phase responsibilities are set forth in Section 2.3, The Owner and Construction ASA Document A133™ — 2003 (formerly A121 ™CRic ~ 2003). Copyright @ 1991, 2003 and 2008 by The American inatitute of Architects. Al rights resarved. WARNING: This AIA” Document is protected by U.S. Copyright Lew and International Treaties. Unauthorized reproduction or distribution of this aa? Socumaent, or any portion of ft, may result In severe civil and criminal ponalties, end will be prosecuted to tha maximum extent possible under the law. This document was produced by AlA software at 16:04:11 on 10/15/2012 under Order No.5082324330_1 which axpires on 01/16/2013, and is not for resale. User Notes: (1482324325) 3 Manager may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 2.1 Preconstruction Phase § 2.4.1 The Coristruction Manager shall provide a preliminary evaluation of the Owner's program, schedule and =~ construction budget requirements, each in terms of the other. § 2.1.2 Consultation The Construction Manager shall schcdule and conduct meetings with the Architect and Owner to discuss such matters as procedures, progress, coordination, and scheduling of the Work. The Construction Manager shall advise the Owner and the Architect on proposed site use and improvements, selection of materials, and building systems and equipment. The Construction Manager shail also provide recommendations consistent with the Project requirements to the Owner and Architect on constructability; availability of materials and labor; time requirements for procurement, installation and construction; and factors related to construction cost including, but not limited to, costs of altemative designs or materials, preliminary budgets, life-cycle data, and possible cost reductions. § 2.1.8 When Project requirements in Section 3.1.1 have been sufficiently identified, the Construction Manager shall prepare and periodically update a Project schedule for the Ovmer's acceptance. The Construction Manager shall obtain the Architect’s approval for the portion of the Project schedule relating to the performance of the Architect's services. The Project schedule shal! coordinate and integrate the Construction Manager's services, the Architect's services, other Owner consultants’ services, and the Owner's responsibilities and identify items that could affect the Project's timely completion. The updated Project schedule shali include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered well in advance of construction; and the occupancy requirements of the Owner. § 2.1.4Phased Construction The Construction Manager shall provide recommendations with regard to accelerated or fast-track scheduling, procurement, or phased construction. The Construction Manager shall take into consideration cost reductions, cost information, constructability, provisions for temporary facilities and procurement and construction scheduling issues. § 2.1.5 Preliminary Cost Estimates &§ 2.1.5.4 Based on the preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or similar conceptual estimating techniques for the Owner's approval, If the Architect or Construction Manager suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems. § 2.1.8.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, estimates of the Cost of the Work of increasing detail and refinement |_and allowing for the further development