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

fixed sum in that Section, shall be an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; 4 ~~ Subtract retainage of Ten percent ( 10.00 %) from that portion of the Work that the Construction Manager self-performs; Subtract the aggregate of previous payments made by the Owner; 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 auditors in such documentation; and 7 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201~2007. on iy § 7.1.8 The Owner and Construction Manager shall agree upon (1) a mutually acceptable procedure for reviewand approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Construction Manager shall execute subcontracts in accordance with those agreements. § 7.1.9 Except with the Owner’s prior approval, the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 7.4.10 In taking action on the Construction Manager's Applications for Payment, the Owner 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 Owner has made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Section 7.1.4 or other supporting data; that the Owner 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 i verifications, if required by the Owner, will be performed by the Owner’s auditors acting in the sole interest of the | Owner. AIA Document A133™ — 2008 (formerly A121 ™CRc — 2003). Copyright © 1981, 2003 and 2009 by Tha American inatitute of Architects. All righte reserved. init. WARNING: This AJA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA 44 Decument, crany portion of it, may ragult in severe civil and cr Penal and will be id to the maximury extent poesidie under the law. ! ‘This document was produced by AJA software at 18:04:11 on 10/15/2012 under Order Ne.6092924330_1 which expires on 01/16/2013, and is not for resale. User Notes: (1482324325) § 7.2 Final Payment § 7.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Construction Manager when <1 the Construction Manager has fully performed the Contract except for the Construction Manager’s responsibility to correct Work as provided in Section 12.2.2 of ATA Docurnent A201-2007, and to satisfy other requirements, if any, which extend beyond final payment; 2 the Construction Manager has submitted a final accounting for the Cost of the Work and a fina! Application for Payment; and | 3a final Certificate for Payment has been issued by the Construction Manager. The Owner’s final payment to the Construction Manager shall be made no later than 30 days after the issuance of the final Certificate for Payment, or as follows: § 7.2.2 The Owner’s auditors will review and report in writing on the Construction Manager’s final accounting within 30 days after delivery of the final accounting by the Construction Manager. Based upon such Cost of the Work as the Owner’s auditors report to be substantiated by the Construction Manager’s final accounting, and provided the other conditions of Section 7.2.1 have been met, within seven days after receipt of the written report of the Owner's auditors, wil! authorize the final Certificate for Payment will be issued. § 7.2.3 If the Owner’s auditors report the Cost of the Work as substantiated by the Construction Manager’s final accounting to be less than claimed by the Construction Manager, the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Section 15.2 of A201-2007. A request for mediation shall be made by the Construction Manager within 30 days after the Construction Manager's receipt ofa copy of the fina! Certificate for Payment. Failure to request mediation within this 30-day period shall result in the substantiated amount reported by the Owner’s auditors becoming binding on the Construction Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Construction Manager the amount certified in the final Certificate for Payment. § 7.2.4 If, subsequent to final payment and at the Qwner’s request, the Construction Manager incurs costs described in Section 6.1.1 and not excluded by Section 6.8 to correct defective or nonconforming Work, the Owner shall reimburse the Construction Manager such costs and the Construction Manager’s Fee applicable thereto on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If the Construction Manager has participated in savings as provided in Section 5.2.1, the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Construction Manager. ARTICLE & INSURANCE AND BONDS For all phases of the Project, the Construction Manager and the Owner shall purchase and maintain insurance, and the Construction Manager shall provide bonds as set forth in Article 11 of ALA Document 4261-2007. , Slate bonding requirements, if any, and limits of liability Jor insurance required in Article 11 of AIA Document A201-2007.) Type of Insurance or Bond Limit of Liability or Bond Amount (see limits below} Workers’ Comp & Employers’ Liability Each Accident $1,000,000 Disease — Each Emp $1,000,000 Disease-Policy Lim $1,000,000 Commercial General Liability Each Occurrence $1,006,000 General Aggregate $2,000,000 Personal & Advertising Injury $1,000,000 Products-Completed Operations Aggreg $2,000,000 Automobile Liability — Each Accident $1,000,000 Combined Single Limit Umbrella Excess Liability AIA Document A133" ~ 2009 (formarly A1217™Ciio ~ 2003). Copyright © 1993, 2003 and 2008 by The American institute of Architects. All rights reserved. tote. WARNING: Thie AIA” Document Is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AlA’ Document, or any portion of N, may raautt In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. i This document was produced by AIA software at 16:04:11 on 10/15/2012 under Order No.5092324330_1 which expires on 61/16/2013, and is not for resale. User Notes: (1482324325) K<etl- Each Occurrence $10,000,000 Agercgate $10,000,000 The Construction Manager shall furnish bonds 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 each bond shall be equal to 100% of the Contract Sum, excluding design fees. ARTICLE 9 DISPUTE RESOLUTION § 9.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 9 and Article 15 of A201-2007. However, for Claims arising from or relating to the Construction Manager’s Preconstruction Phase services, no decision by the Initial Decision Maker shall be required as a condition precedent to mediation or binding dispute resolution, and Section 9.3 of this Agreement shall not apply. § 9.2 For any Claim subject to, but not resolved by mediation pursuant to Section 15.3 of AIA Document A201-2007, the methed of binding dispute resolution shall be as follows: (Check the appropriate box. if the Owner and Construction Manager do not select a methad of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution methad other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction } { ] Arbitration pursuant to Section 15,4 of AIA Document A201-2007 | {X] Litigation in a court of competent jurisdiction ( ] Other: Specify) § 9.3 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Section 15.2 of ALA Document A201-2007 for Claims arising from or relating to the Construction Manager’s Construction Phase services, unless the parties appoint below another individual, not a party to the Agreement, to serve as the Initial Decision Muker. Uf the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) ARTICLE 10 TERMINATION OR SUSPENSION § 10.4 Termination Prior to Establishment of the Guaranteed Maximum Price § 10.1.1 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this Agreement upon not less than seven days’ written notice to the Construction Manager for the Owner’s convenience and without cause, and the Construction Manager may terminate this Agreement, upon not less than seven days” ‘written notice to the Owner, for the reasons set forth in Section 14.1.1 of A201-2007. § 10.1.2 In the event of termination of this Agreement pursuant to Section 10.1.1, the Construction Manager shall be equitably compensated for Preconstruction Phase services performed prior to receipt of a notice of termination. In no event shall the Construction Manager’s compensation under this Section exceed the compensation set forth in Section 4.1. AIA Document A133” ~ 2008 (formerly A121 ™Ciic ~ 2003). Copyright © 1991, 2003 and 2009 by The American institute of Architects. Ali rights roverved., init. WARNING: This AIA® Dacument is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA’ 468 Decument, or any portion of it, may result In severe civil and criminal panaities, and will be prosecuted to the maximutn extent poasibic under the law. f This document wae produced by AjA aoltware at 16:04:11 on 10/16/2012 under Onter No.5092324330_1 which expires on 01/16/2013, and is not for resale. User Notes: (1482324325) CKQSe— § 10.1.3 If the Owner terminates the Contract pursuant to Section 10.1.1 after the commencement of the Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment, the Owner shall pay to the Construction Manager an amount calculated as follows, which amount shall be in addition to any compensation paid to the Construction Manager under Section 10.1.2: ‘1 Take thé Cost oftie Work incurred by the Construction Manager to the date of termination; 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 that 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 probable Cost of the Work upon its completion; and 3 Subtract the aggregate of previous payments made by the Owner for Construction Phase services. The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager 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