Okaloosa County BOCC — May 6, 2014 — AJAX Contract Documents with Exhibits 4-29-2014 — reading text

Init. AIA 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 AGREEMENT made as of the 5" day of May in the year 2014 (in words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status and address) Okaloosa County: Board of County Commisioners 302.N. Wilson. St. Suite 302 -- Crestview, Florida 32536 andthe Construction Manager: (Name, legal status and address) Ajax Building Corporation 1080 Conimerée Blvd, Midway, Florida 32343 for the followiiiz Project: (Namé arid address or location) Qkaloosa Coiinty Courthouse Addition and Renovation 101 Jaivies Lee Blvd., Crestview, Florida 32536 The Architect: (Name, legal status and address) Sait Marshall Architects 325 S, Palafox, Street Pensacola, Florida 32502 Office (850)433-7842 / Fax (850)433-0510 / Cell (850)982-2231 The Owner’s Designated Representative: (Name, address and other information) Donald Turner Director of Facilities Maintenance 5489 Old Bethel Road Crestview, Florida 32536 Office (850)689-5790 / Fax (850)689-5630 The Construction Manager’s Designated Representative: (Name, address and other information) Allan Wooden ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original 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 left 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 legal consequences. Consultation with an attorney is encouraged with respect toits completion or modification. AIA Document A201 ™-2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document Ai 33™ = 2009 (formerly A121 ™CMic - 2003}. Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA’ Documeni is protected by US. Copyright Law and International Treaties. Unauthorized reproduction or distribution of thie AIA” Document, of any portion of it, may result in severe civil and criminal penalties, and will he prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:38:42 on 04/22/2014 under Order No.8569967243_1 which expires on 09/16/2014, and is not for resaie. User Notes: (1784294242) it. Operations Manager 1080 Commerce Blvd. Midway, Florida 32343 Office (850)224-9571 / Fax (850)224-2496 / Mobile (850)251-3534 The Architect’s Designated Representative: (Name, address and other information) David Alsop Sar Marshall Architects 325 S. Palafox Street Pensacola, Florida 32502 Office ( ) /Fax( ) /Mobile( ) The Owner arid Consttuction Manager agree as follows. AIA Document A133™ — 2009 (formerly A121™CMc ~ 2003). Copyright © 1991, 2003 and 2009 by The American institute of Architects. All rights reserved. WARNING: This AIA” Gocument is protected by U.S. Copyright Law and Internationa! Treaties. Unauthorized reproduction or distribution of this AIA” Document, or any portion of it, may result in severe ci This document was produced by AIA software at 11:38:42 on 04/22/2014 under Order No.8569967243_1 which expires on 09/16/2014, and is not for resale, User Notes: (1784294242) Land criminal penalties, and will be prosecuted te the maximum exient possible under the law. 2 * Init. B ag g TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 CONSTRUCTION MANAGER’S RESPONSIBILITIES 3 OWNER’S RESPONSIBILITIES 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 6 COST OF THE WORK FOR CONSTRUCTION PHASE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 8 INSURANCE AND BONDS 9 40 TERMINATION OR SUSPENSION 11, MISCELLANEOUS PROVISIONS 12 SCOPE OF THE AGREEMENT ARTICLE 1 GENERAL PROVISIONS ‘he. Contract Doctiments ntact Docunients 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 ate as fully a part of the Contract as if attached to this Agreement or repeated herein. Upon the Owner’s acceptance of the Construction Manager’s Guararitéed Maximum Price proposal, the Contract Documents will also include the documents described in Sectiori 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 agreements, either-written of oral. If anythitig iti the other Contract Documents, other than a Modification, is inconsistent with this Agiéement, 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 thé 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 all times 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 nianner; 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 thé Preconstruction Phase, ALA Document A201™ 2007, General Conditions of the Contract for Construction, shall apply only as specifically provided in this Agreement. For the Construction Phase, the general conditions of the coritract shall 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 AIA Document A133™ — 2009 (formerly A121™CMc ~ 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA” Document, or any pertion of it, may result in severe civil and criminal penalties, and wii! be prosecuted fo the maximum extent possible under the law. This document was produced by AIA software at 11:38:42’ on 04/22/2014 under Order No.8569967243_1 which expires on 09/16/2014, and is not for resale. User Notes: (1784284242) 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. § 2.4 Preconstruction Phase § 2.4.1 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and constriction budget requirements, each in terms of the other. § 2.1.2 Consultation The Construction Manager shall schedule 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 shall also provide recommendations consistent with the Project requirements to the Owner afid Architect of consttuctability; availability of materials and labor; time requirements for procurement, installation and construction; aid factors telated to construction cost including, but not limited to, costs of alternative designs or iiaterials, preliminary budgets, life-cycle data, and possible cost reductions. § 2.1.3 When Project requireinents in Section 3.1.1 have been sufficiently identified, the Construction Manager shall prepare arid periodically update a Project schedule for the Owner’s acceptance. The Construction Manager shall obtaitt the Architect’s approval for the portion of the Project schedule relating to the performance of the Architect’s services. The-Project schedule:shall coordinate and integrate the Construction Manager's services, the Architect’s services, other Owriai éotisultants’ services, and the Owner’s responsibilities and identify items that could affect the Projéct’s:titnely ¢ompletion:'The updated Project schedule shall include the following: submission of the Guaranteed Maxiriium Price proposal; components of the Work; times of commencement and completion required of each Subcontractoi; orderiiis and delivery of products, including those that must be ordered well in advance of constriiction; and the occtipancy requirements of the Owner. § 24.4Phased Constructi The Construction Manager shall provide recommendations with regard to accelerated or fast-track scheduling, procurement, of 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 Preliminaty Cost: Estimates § 2.1.5.1 Based on thé preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare prelimitiary estimates of the Cost of the Work or the cost of program requirements using area, volume of similar conceptual estimating techniques for the Owner’s approval. If the Architect or Construction Mariager suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative-materials and systéitis.. § 2.1.5.2 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 aid Architect, estimates of the Cost of the Work of increasing detail and refinement and allowing for the further dévélopment of the design until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work. Such estimates shail be provided for the Owner’s approval: The Construction Matiager shall inform the Owner and Architect when estimates of the Cost of the Work exceed the latest approved Project budget and make recommendations for corrective action. § 2.1.6 Subcontractors and Suppliers The Construction Manager shall develop bidders’ interest in the Project. § 2.1.7 The Construction Manager shall prepare, for the Architect’s review and the Owner’s acceptance, a procurement schedule for items that must be ordered well in advance of construction. The Construction Manager shall expedite atid coordinate the ordering and delivery of materials that must be ordered well in advance of construction. If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price, the Owner