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

shall procure the items on.terms and conditions acceptable to the Construction Manager. Upon the establishment of the Guaranteed Maximum Price, the Owner shall assign all contracts for these items to the Construction Manager and the Construction Manager shail thereafter accept responsibility for them. AIA Document A133™ — 2009 (formerly A121™CiMic ~ 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARHING: This AIA" Document is protected 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 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: (1784294242) init. iP d up § 2.1.8 Extent of Responsibility 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 Maximum 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 arequest for information in such form as the Architect may require. (See Article 11) § 2.4.9Notices and Compliance with Laws. The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to its performance under this Contract, and with equal employment opportunity programs; and other programs as may be required by governmental and quasi governmental authorities for inclusion i the Contract Documents. § 2.2.Guaranteed Maximum Price Proposal and Contract Time ‘Architect, the Constructidri, Manager shall prepare a Guaranteed Maximum Price proposal for the Owner’s review and acceptatice. ‘The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager’s estimate of the Cost of the. Work, iticluding contingencies described in Section 2.2.4, and the Construction Manager’s Fee, including approved Design feés.. § 2.2.2 To the extent that the Drawings and Specifications are anticipated fo require further development by the Architect, thé Constriiction Manager shall provide in the Guaranteed Maximum Price for such further development consistent with the. Contract Documents and reasonably inferable therefrom. Such further development does not incliide such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be ittcorporated by Change Order. § 2.2.3 The Cofistruction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following: A A list ofthe’ ‘Drawings, and.Specifications, including all Addenda thereto, and the Conditions of the : Cotitiact! 2 Alist of the clarifications-and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximuin Price proposal, including assumptions under Section 2.2.2, to supplement the information provided by the Owner and contained in the Drawings and Specifications; 3 A:statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost of the Work organized by trade categories or systems, allowances, contingency, and the Construction Managér’s Fee; 4 The atiticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based; and 5 A date by which the Owner must accept the Guaranteed Maximum Price. § 2.2.4 In preparing the Construction Manager’s Guaranteed Maximum Price proposal, the Construction Manager shall include its contingency for the Construction Manager’s exclusive use to cover those costs considered reimbursable as the Cost of the Work but not included in a Change Order. § 2.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal. In the event that the Owner and Architect discover any inconsistencies or inaccuracies in the information présetited, they shall promptly notify the Construction Manager, who shall make appropriate adjustments to the Guaratiteed Maximum Price proposal, its basis, or both. § 2.2.6 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price proposal shall be deemed effective without further acceptance from the Construction Manager. Following acceptance of a Guaranteed Maximum Price, the Owner and Construction Manager shall execute the Guaranteed Maximum Price Amendment amending this Agreement, a copy of which the Owner shall provide to the Architect. The AIA Document A133™ — 2009 (formerly A121™CMc ~ 2003). Copyright © 1994, 2003 and 2009 by The American Institute of Architects. Ail rights reserved. WARNING: This AIA” Document is protected by U.8. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this nia? Document, or any portion of #, may result in severe civil and criminal penalties, and will be 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 resafe. User Notes: (1784284242) 5 Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. § 2.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the commencement of the Construction Phase, unless the Owner provides prior written authorization for such costs. § 2.2.8 The Owner shall authorize the Architect to provide the revisions to the Drawings and Specifications to incorporate the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. The Owner shall promptly furnish those revised Drawings and Specifications to the Construction Manager as they are revised. The Construction Manager shall notify the Owner and Architect of any inconsistencies between the Guaranteed Maximurn Price Amendment and the revised Drawings and Specifications. § 2.2.9 The Construction Manager shall include in the Guaranteed Maximum Price all sales, consumer, use and similar taxes for the Work provided by the Construction Manager that are legally enacted, whether or not yet effective, at the time the Guaranteed’ Maximum Price Amendment is executed. § 2.3 Gonstruction Phase § 2.3.4 General § 2.3.1.1 For purposes of Section 8.1.2 of A201-2007, the date of commencement of the Work shall mean the date of commiéicenient.of thé,Construction Phase. § 2.312 The Construction Phase shall commence upon the Owner’s acceptance of the Construction Manager’s Guaranteed Maximutii Price proposal or the Owner’s issuance of a Notice to Proceed, whichever occurs earlier. § 2.3.2 Administration § 2. 3.2.1 Those portions of the Work that the Construction Manager does not customarily perform with the Cotistriiction Managet’s owit pérsonnel shall be performed under subcontracts or by other appropriate agreements with the Gonstriiction. Manager. The Owner may designate specific persons from whom, or entities from: which, the Construction Manager shall-obtain bids. The Construction Manager shall obtain bids from Subcontractors and from suppliers of matéials or equipment fabricated especially for the Work and shall deliver such bids to the Architect. The Owner shall then determine, with the advice of the Construction Manager and the Architect, which bids will be accepted. The, Cotistriction Manager. shall not be required to contract with anyone to whom the Construction Manager has-teasonable:< i § 2.3.2.2 Ifthe Guaratiteed Maximuri Price has been established and when a specific bidder (1) is recommended to the Owner by the Construction Manager, (2) is qualified to perform that portion of the Work, and (3) has submitted a bid that coriforms to the requiremeiits of the Contract Documents without reservations or exceptions, but the Owner requirés that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Contract Time and the Guaranteed Maximum Price by the difference between the bid of the person or entity recommerided to the Owner by the Construction Manager and the amount and time requirement of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 2.3.2.3 Subcontracts ot other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. If the Subcontract is awarded on a cost-plus a fee basis, the Construction Manager shall provide in the Subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Section 6.11 below. § 2.3.2.4 If the Construction Manager recommends a specific bidder that may be considered a "related party" according to Section 6.10, then the Construction Manager shall promptly notify the Owner in writing of such rélationship. and notify the Owner of the specific nature of the contemplated transaction, according to Section 6.10.2. § 2,3.2.5 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, scheduling, and status of the Work. The Construction Manager shall prepare and promptly distribute minutes to the Owner and Architect. 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® 6 Document, or any portion of it, may result in severe civil and criminal penaifies, and will be prosecuted to the maxirnum 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: (1784294242) § 2.3.2.6 Upon the execution of the Guaranteed Maximum Price Amendment, the Construction Manager shall prepare and submit to the Owner and Architect a construction schedule for the Work and 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 activitiés in progress and estimates for uncompleted tasks and proposed changes. The