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

Guaranteed Maximum Price Amendment, as it is amended from time to time, To the extent the Cost of the Work exceeds the Guaranteed Maximum Price, the Construction Manager shall bear suoh.costs in excess of the Guaranteed Maximum Price without reimbursement or additional compensation from the Owner. (Insert specific provisions if the Construction Manager is to participate in any savings.) | TBD — Note: all project’s savings are returned to the Owner. § §.2.2 The Guaranteed Maximum Price is subject to additions and deductions by Change Order as provided in the Contract Documents and the Date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents. § 5,3 Changes in the Work § §.3.1 The Owner may, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions. The Owner shall issue such changes in writing. The Architect may make minor changes in the Work as provided in Section 7.4 of ALA Document A201 2007, General ASA Document A133™ = 2009 {formerly A124 CMic ~ 2003). Capyright @ 1981, 2003 and 2008 by The American Insitute of Architects. All rights reserved, init. WARNING: This AIA’ Document le protected by U.S. Copyright Law and Internatlonal Treaties. Unauthorized reproduction or distribution of this Ala? Qecument, or any portion of It, may result In severe civil and criminal ponattles, ard will be prosecuted to the maximum extent possible under the law. ! This document wae produced by AIA software at 16.04:17 on 10/15/2012 under Order No.6082324330_1 which expires on 01/16/2013, and is not for resate, User Hotes: (1482324325) LOL Conditions of the Contract for Construction, The Construction Manager shall be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work. § 5.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Section 7.3.3.0f 000. ATA Document A201-2007, General Conditions of the Contract for Construction. § 5.3.3 In calculating adjustments to subcontracts (except those awarded with the Owner’s prior conscnt on the basis of cost plus a fee), the terms "cost" and "fee" as used in Section 7.3.3.3 of ALA Document A201-2007 and the term “costs” as used in Section 7.3.7 of ALA Document A201-2007 shall have the meanings assigned to them in AIA Decurnent A201-2007 and shail not be modified by Sections 5.1 and 5.2, Sections 6.1 through 6.7, and Section 6.8 of this Agreement. Adjustments to subcontracts awarded with the Owner's prior consent on the basis of cost plus a fee shail be calculated in accordance with the terms of those subcontracts. § 5.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and “costs” as used in the above-referenced provisions of AIA Document A201--2007 shall mean the Cost of the Work as defined in Sections 6.1 to 6.7 of this Agreement and the term “fee” shall mean the Construction Manager’s Fee as defined in Section 5.1 of this Agreement. § 5.3.5 Ifno specific provision is made in Section 5.1.2 for adjustment of the Construction Manager's Fee in the case of changes in the Work, or if the extent of such changes is such, in thé aggregate, that application of the adjustment provisions of Section 5.1.2 will cause substantial inequity to the Owner or Construction Manager, the Construction Manager’s Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work, and the Guaranteed Maximum Price shall be adjusted accordingly. ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE § 6.1 Costs to Be Reimbursed § 6.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work, Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Cwner. The Cost of the Work shall include only the items set forth in Sections 6.1 through 6.7. § 6.14.2 Where any cost is subject to the Owner's prior approval, the Construction Manager shall obtain this approval prior to incurring the cost. The parties shall endeavor to identify any such costs prior to executing Guarantced Maximum Price Amendment. § 6.2 Labor Costs § 6.2.1 Wages of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner's prior approval, at off-site workshops. § 6.2.2 Wages or salaries of the Construction Manager’s supervisory and administrative personne] when stationed at the site with the Owner’s prior approval. (Of it is intended that the wages or salaries of certain personnel stationed at the Construction Manager's principal or other offices shall he included in the Cost of the Work, identify in Section 11.5, the personnel to be included, whether Sor ail or only part of their time, and the rates at which their time will be charged to the Work.) § 6.2.3 Wages and salaries of the Construction Manager's supervisory or administrative personnel engaged at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. § 6.2.4 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for personne] not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 6.2.1 through 6.2.3. § 6.2.5 Bonuses, profit sharing, incentive compensation and any other discretionary payments paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor, with the Owner’s prior approval. AIA Document A133™ = 2009 (formerly Ai2?™GMc ~ 2003), Copyright © 1001, 2003 and 2009 by The American institute of Architects, All ights reeerved, Init, WARNING: This AIA” Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA’ Decunvent, or any portion of it, may resuit in severe civil end criminal ponattics, and will be prosecuted to the maximum extent possible under the law, r] ‘This document was produced by AIA software at 18:06:11 on 10/15/2042 under Order No.6092324330_1 which expires on 01/16/2013, and Is foe mna05) User Noten: Kat § 6.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts. 564 Costs of Materials and Equipment incorporated in the Completed Construction _ ~ § 8.4.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the completed construction. § 6.4.2 Costs of materials described in the preceding Section 6.4.! in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner's property at the completion of the Work or, at the Owner's option, shall be sold by the Construction Manager. Any amounts realized from such sales shail be credited to the Owner as a deduction from the Cost of the Work. § 6.5 Costs of Other Materials and Equipment, Temporary Facilities and Related items § 6.5.1 Costs of transportation, storage, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipment and tools that are not fully consumed shall be based on the cost or value of the item at the time it is first used on the Project site fess the value of the item when it is no longer used at the Project site, Costs for items not fully consumed by the Construction Manager shall mean fair market value. § 6.5.2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and costs of transportation, installation, minor repairs, dismantling and removal. The total rental cost of any Construction Manager-owned item may not exceed the purchase price of any comparable item. Rates of Construction Manager-owned equipment and quantities of equipment shall be subject to the Owner's prior approval. § 6.8.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § 6.5.4 Costs of document reproductions, facsimile transmissions and long-distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office. § 6.5.5 That portion of the reasonable expenses of the Construction Manager’s supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. § 6.5.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner's prior approval. § 6.6 Miscellaneous Costs § 6.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract, Self-insurance for either full or partial amounts of the coverages required by the Contract _ Documents, with the Owner's prior approval. ee on § 6.6.2 Sales, use or similar taxes imposed by a governmental authority that are related to the Work and for which the Construction Manager is liable. § 6.6.3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Construction Manager is required by the Contract Documents to pay. § 6.6.4 Fees of laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded by Section 13.5.3 of AIA Document A201-2007 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 6.7.3. § 6.6.5 Royalties and license fees paid for the use of a particular design, process or product required by the Contact Documents; the cost of defending suits or claims for infringement of patent rights arising from such requirernent of the Contract Documents; and payments made in accordance with legal judgments against the Construction Manager AIA Document A133™ ~ 2009 {fontnerly A124 CMe ~ 2603). Copyright © 1291, 2003 and 2009 by The American inafitute of Architects. All rights reserved, tat, WARNING: This AIA” Document fs protected by U.S. Copyright Law and international Treatles. Unauthortzed reproduction or distribution of thia AIA’ 44 Document, or any portion of ft, may regult in severe civil and erimina! penaitios, and will be prosecuted to the maximum extent poositle under the few, i This document was produced by AIA software at 48:04:11 on 10/15/2012 under Order No.6092324330_1 which expires on 01/16/2015, and is not for resele. User Notes: (4482324325) eee resulting from such suits or claims and payments of settlements made with the Owner’s consent. However, such costs of lega! defenses, judgments and settlements shall not be included in the calculation of the Construction Manager’s Fee or subject to the Guaranteed Maximum Price. If such royalties, fees and costs are excluded by the last sentence of Section 3.17 of AIA Document A201~2007 or other provisions of the Contract Documents, then they shall not be _._dncluded in the Cost of the Work. . . cactus a § 8.6.6 Costs for electronic equipment and software,