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

under the lav. 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) PAGE 2 David Alsop Sam Marshall Architects 325 S. Palafox Street Pensacola, Florida 32502 Office (} /Fax(__)} /Mobile( __) PAGE 4 § 2.1.3 Wheri Project requirements in Section 3.1.1 have been sufficiently identified, the Construction Manager shall prepare and periodically update a Project schedule for the Architect?s-review-and-the-Owner’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 shall 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 shall include the following: submission. of thé Guaranteed Maximum Price proposal; components of the Work; times of comihéncéement and completion required of each Subcontractor; ordering and delivery of products, including those that must be otdéréd well.in advance of construction; and the occupancy requirements of the Owner. § 2.1.5.1 Based on the preliminary design and other design criteria prepared by the Architect, the Construction Manager shall préepate preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or sitnilat coricepttial éstimating techniques for the Architeet’s review-and- 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. § 2.4.5.2 Asthe Architect j progresses with the preparation of the Schematic Design, Design Development and Construction Doeumeiits, 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 of the design until such time as the Owner and Construction Manager agree ot. 4 Guaraiitéed Maxinium Price for the Work. Such estimates shall be provided for the Architect’s review andthe Owner’s approval. The Construction Manager shall inform the Owner and Architect when estimates of the Cost of the Work exceed the latest approved Projéct budget and make recommendations for corrective action. PAGE 5 The Construction Manager shall exercise reasonable care in preparing schedules and estimates. The Construction Manager, however, does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximurn Price. The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require. (See Article 11) § 2.2.1 Ata time to be mutually agreed upon by the Owner and the Construction Manager and in consultation with the Architect; the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner’s review and acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager’s estimate of the Cost of the Work, including contingencies described in Section 2.2.4, and the Construction Manager’s Fee:Fee, including approved Design fees.. PAGE 8 Additions and Deletions Report for AIA Document A133™ — 2009 (formerly A121 ™CMic ~ 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Desument is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this. Ala® Document, or any portion of if, may result in severe civil and criminal penalties, and will be prosecuted ta the maximum extent possibis 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: (1784294242) 2 The Owner-Construction Manager shall retain an Architect to provide services, duties and responsibilities as described in AIA Document B403™2007,-B143™_2004, Standard Form of Agreement Between QwnerDesign-Builder and Architect, including any additional services requested by the Construction Manager that are necessary for the idea thea C 3 Preconstruction and Construction Phase services under this Agreement. Fhe-Ov nell provid struction The greater of $80,000.00.or 1% of the total construction budget, not including Design Fees. Design fees included in the Construction Manager’s Scope of Preconstruction Services Scope of Work are defined in Article 11. § 4.1.3 Ifthe Preconstruction Phase services covered by this Agreement have not been completed within twelve ( 12) months 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. PAGES § 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 fromi timé to tinié at the principal place of business of the Construction Manager. Construction Manager’s Construction Phase Fee will total 5% of the Total Construction Cost, excluding any Construction Phase Design / Administrative Fees payable to the Architect and/or their sub-consultants. Design Fees included in the Constructio# Manager’s Scope of Work are defined in Article 11. Refer‘ to Article 5.1. above. None. § 5.1.4 Rental rates for Cotistruction Manager-owned equipment shall not exceed pereent-{—%)-efthe standard rate paid at the place of the Project, § 5.1.5 Unit prices, if any: n/a § 5.2 Guaranteed Maximum Price (GMP) Owner and Construction Manger shail share in any cost savings generated and returned to the Owner from within the GMP at a ratio of 95% to Owner and 5% to Construction Manager. PAGE 11 Additions and Deletions Report for 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 ALA” Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This dacument was produced by AIA software at 17:38:42 on 04/22/2014 under Order No.8569967243_1 which expires on 09/16/2014, and is not for resale. User Notes: (1784294242) Payments made by. the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts. For the purposes of this Project, the Architect will be considered a subcontractor and Architectural Construction Phase Fee as defined in Exhibit C will be billed and paid as such. PAGE 13 § 7.1.3 Provided that an Application for Payment is received by the Architect not later than the 25th day of a month, the Owner shall make payment of the certified amount to the Construction Manager not later than the 20th day of the following month. ifan Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than twenty ( 20 ) days after the Architect receives the Application for Payment. PAGE 14 °§ 7.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maxiniuni Prité among the various portions of the Work, except that the Construction Manager’s Fee shall be shown ag.a single separate item. The schedule of values: shall be prepared i in such form and supported by such data to substantiate i us Owner may require. This schiedule shall be used a asa a basis for reviewing, gthe Construction Manager’ s Applications for Payment. 3 Add the Construction Manager’s Fee, less retainage of ten percent (10 %). The Construction Maniagér’s Fee.shall be computed upon the Cost of the Work at the rate stated in Section 5.1 or, if the Constrtiction, Manager’s Fee is stated as a fixed sum in that Section; shall be an amount that bears the sane ratio to that fixed-sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost ofthé Work upon its completion; A Subtract rétainage of ten percent ( 10 %) from that portion of the Work that the Construction Manager self perfonstis; § 7.1.10 In taking actio#i on the Coristruction Manager’s Applications for Payment, the Architeet-Owner shall be etititled to rely on the accuracy and completeness of the information furnished by the Construction Manager and shall fot bé déemed to répresent that the Architect-Owner has made a detailed examination, audit or arithmetic verification of thé documentation submitted in accordance with Section 7.1.4 or other supporting data; that the ArchiteetOwner has made. exhaustive or contiriuous on-site inspections; or that the Arehiteet-Owner has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Coritract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner’s auditors acting in the sole intérést of the Owner. PAGE 45 3 a final Certificate for Payment has been issued by the Arehiteet--Owner. The Owner’s final payment to the Construction Manager shall be made no later than 30 days after the issuance of the Arehitect’s-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 to the Arehiteet-Owner 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, the Arebiteet Owner will, within seven days after receipt of the written report of the Owner’s auditors, either issue te-the-Owner-a final Certificate for Payment with-e eepy-to the Construction Manager, or notify the Construction Manager and Owner-in writing of the Architect*s reasons for withholding a certificate as provided in Section 9.5.1 of the AIA Document A201-2007. The time periods Additions and Deletions Report for AIA Document A133™ — 2009 (formerly A121 ™CMic — 2003}. Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This ALA’ Document is protecied by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA” Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum exient 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: (1784294242) 4 § 7.2.3 Ifthe 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