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

submittal schedule in accordance with Section 3.10 of A201- 2007. _§ 2.3.2.7 The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information required by the Owner, The Construction Manager shall also keep, and make available to the Owner and Architect, a daily log containing a record for each day of weather, portions of the Work in progress, number of workers on site, identification of equipment on site, problems that might affect progress of the work, accidents, injuries, and other information required by the Owner. § 2.3.2.8 The Construction Manager shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect and shall provide this information in its monthly reports to the Owner and Architect, in accordance with Section 2.3.2.7 above, § 2.4 Professional Services Section 3.12.10 of A201-2007 shall apply to both the Preconstruction and Construction Phases. § 2.5 Hazardous Materials Section 10.3 of A201-2007 shall apply to both the Preconstruction and Construction Phases. ARTICLE 3 OWNER’S RESPONSIBILITIES § 3.1 Information and Services Required of the Owner § 3.4.1 The Owner shall provide information with reasonable promptness, regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, constraints, and criteria, including schedule, space requirements and relationships, flexibility and expandability, special equipment, systems sustainability and site requirements. § 3.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request in writing that the Ovmer provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract, Thereafter, the Construction Managet may only request such evidence if (1) the Owner fails to make payments to the Construction Manager as the Contract Documents require, (2) a change in the Work materially changes the Contract Sum, or (3) the Construction Manager identifies in writing a reasonable concern regarding the Owner's ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Construction Manager and Architect. § 3.4.3 The Owner shall establish and periodically update the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1.1, (2) the Owner’s other costs, and (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the “Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the Project’s scope and quality. § 3.1.4 Structural and Environmental Tests, Surveys and Reports. During the Preconstruction Phase, the Owner shail furnish the following information or services with reasonable promptness, The Owner shall also furnish any other information or services under the Owners control and relevant to the Construction Manager’s performance of the Work with reasonable promptness after receiving the Construction Manager’s written request for such information or services. The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 3.1.41 The Owner shall furnish tests, inspections and reports required by law and as otherwise agreed to by the parties, such as structural, mechanical, and chemical tests, tcsts for air and water pollution, and tests for hazardous materials. AIA Documant A133™ ~ 2009 (formerly A121 ™Ciic - 2002). Copyright @ 1991, 2003 and 2009 by The American institute of Architects, Ali rights reserved. nie, WARNING: This AIA” Documunt fe protected by U.S. Copyright Law and Inturnational 71 Unauthe repr or distr of thig AIA’ 7 Document, or any portion of it, may reeuit In severe civil and criminal penalties, and will bs prosscuted to the maximum extent possibile undar the law. f Thia document was produced by AIA software at 18:04:11 6n 10/15/2012 under Order No.5062924330_1 which expires on 01/18/2013, and Is not for resale. User Notes: (1482324325) wrt § 3.1.4.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, anda legal description of the site. The surveys and legal information shail include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary dat respect to existing buildings, other improvements and trees; and information concerning available utility servi iad lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 3.1.43 The Owner, when such services are requested, shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 3.1.4.4 During the Construction Phase, the Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Construction Manager’s performance of the Work with reasonable promptness after receiving the Construction Manager’s written request for such information or services. § 3.2 Owner's Designated Representative The Owner shail identify a representative authorized to act on behalf of the Owner with respect to the Project. The Owner’s representative shall render decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager. Except as otherwise provided in Section 4.2.1 of A201~2007, the Architect does not have such authority. The term "Owner" means the Owner or the Owner’s authorized representative. § 3.2.4 Legal Requirements. The Owner shal! furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests. § 3.3 Architect | The Construction Manager shail retain an Architect to provide services, duties and responsibilities as described in AIA Document B143™-2004, Standard Form of Agreement Between Design-Builder and Architect, including any | additional services requested by the Construction Manager that are necessary for the Preconstruction and Construction Phase services under this Agreement. ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PRASE SERVICES § 4.1 Compensation § 4.1.1 For the Construction Manager’s Preconstruction Phase services, the Owner shal! compensate the Construction Manager as follows: § 4.1.2 For the Construction Manager’s Preconstruction Phase services described in Sections 2.1 and 2.2: (insert amount of, or basis for, compensation and include a list of reimbursable cost items, as applicable.) 1% of total construction budget for the project, not including Design Fees. {Phase 312,000... 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. § 4.4.3 If the Preconstruction Phase services covered by this Agreement have not been completed within 30 days (1) month of the date of this Agreement, through no fault of the Construction Manager, the Construction Manager’s compensation for Preconstruction Phase services shall be equitably adjusted. : § 4.1.4 Compensation based on Direct Personnel Expense includes the direct salaries of the Construction Manager's personnel providing Preconstruction Phase services on the Project and the Construction Manager’s costs for the mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. 7 AIA Document A133™ — 2009 (formerly A121 ™CMc - 2003). Copyright @ 1991, 2003 and 2009 by The American inetitute of Architects. All rights reparved. init. WARNING: This AIA® Document Is protected by U.S. Copyright Lew and International Treaties. Unauthorized rapreduction or dletribution of this AIA’ 3 Document, or any portion of it, may resuit in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. } This decument was produced by AIA software at 16:04:11 on 10/15/2012 under Order No.9092324330_1 which expires on 01/18/2013, and is not for resale. User Notes: eZ § 4.2 Payments § 4.2.4 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. § 4.2.2 Payments are due and payable upon presentation of the Construction Manager's invoice. Amounts unpaid _|.Twenty (20 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. (Insert rate of monthly or annual interest agreed upon) | 12% % monthly ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 5.1 For the Construction Manager's performance of the Work as described in Section 2.3, the Owner shall pay the Construction Manager the Contract Sum in current funds. The Contract Sum is the Cost of the Work as defined in Section 6.1.1 plus the Construction Manager’s Fee. § 5.1.4 The Construction Manager's Fee: (State a lump sum, percentage of Cost of the Work or other provision for determining the Construction Manager’s Fee.) Construction Manager's fee will total 5% of the total construction cost, excluding any Design fees. Design fees included in the Construction Manager's scope of work are defined in Article 11 § 5.1.2 The method of adjustment of the Construction Manager’s Fee for changes in the Work: § 5.1.3 Limitations, if any, on a Subcontractor’s overhead and profit for increases in the cost of its portion of the Work: § 5.1.4 Rental rates for Construction Manager-owned equipment shall not exceed percent( %) of the standard rate paid at the place of the Project. § 5.1.5 Unit prices, if any: (Identify and state the unit price; state the quantity limitations, if any, to which the unit price witl be applicable.) Item Unite and Limitations Price per Unit ($0.00) § 5.2 Guaranteed Maximum Price § 5.2.1 The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the