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

Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect aitd shall provide this information in its monthly reports to the Owner and Architect, in accordance with Section 2.3.2.7 above. § 2.4 Professional Services _ Section 3.12.10 of A201~2007 shall apply to both the Preconstruction and Construction Phases. § 2.5Hazardous Matefials ; Séction 10.3 of A201-2007 shall apply to both the Preconstruction and Construction Phases. ARTICLE 3 OWNER’S RESPONSIBILITIES § 3.1 Information and Services Required of the Owner § 3.4.4 The Owner shall provide information with reasonable prompiness, regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, constraints, and criteria, including schedulé, space requirements and relationships, flexibility and expandability, special equipment, systems sustaitiability and site requirements. § 3.4.2: Prior to the execution of the Guaranteed Maxinaum Price Amendment, the Construction Manager may request in, writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owitier’s obligations under the Coittract. Thereafter, the Construction Manager may only request such evidence if (D the Owner fails to make payments tothe Construction Manager as the Contract Documents require, (2) a change in the Work materially changes the Contract Sum, or (3) the Construction Manager identifies in writing a reasonable concern regarding the Owner's ability to make payment when due. The Owner shall furnish such evidence as a condition précédent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the éviderice, the Owner shall not materially vary such financial arrangements without prior notice to thé Coiistruction Maiiager atid Architect. § 3.1.3 The Owner shall establish and periodically update the Owner’s budget for the Project, including (1) the budget for the Cost of the Work a8 défined in Section 6.1.1, (2) the Owner’s other costs, and (3) reasonable contingencies related to all of these costs. Ifthe Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agrée to a corresponding change in the Project’s scope and quality. § 3.1.4 Structural and Environmental Tests, Surveys and Reports. During the Preconstruction Phase, the Owner shall furnish the following information or services with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Construction Manager’s performance of the Work with reasonable promptness after receiving the Construction Manager’s written request for such information or services. The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 3.1.4.1 The Owner shall furnish tests, inspections and reports required by law and as otherwise agreed to by the parties, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials, AIA Document A133™ — 2009 (formerly A121™CMc ~ 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. Al] rights reserved. WARNING: This AIA” Document is protected by U.S. Copyright Law and Internaticnal Treaties. Unauthorized reproduction or distribution of this AIA” Document, or any portion of if, 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) § 3.1.4.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The surveys and legal information shall include, as applicable, gtades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of thie site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 3.1.4.3 The Owner, when such services are requested, shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 3.1.4.4 During the Construction Phase, the Owner shall furnish information or services required of the Owner by the Contract Documents. with reasonable promptness. The Owner shall also furnish any other information or services under the Owtier’s coiitfol, anid relevant to the Construction Manager’s performance of the Work with reasonable prompthiess after receiving the Construction Manager’s written request for such information or services. § 3:2 Owner's Designated Representative The Owner shall identify afepresentative authorized to act on behalf of the Owner with respect to the Project. The Ownier’s representati shall render decisions promptly and furnish information expeditiously, so as to avoid tifireasonable delay inthe services or Work of the Construction Manager. Except as otherwise provided in Section 4.2.1 of A201-2007, the Architect does not have such authority. The term "Owner" means the Owner or the Owner’s authorized representative, § 3.24 Legal Requirements. The Owner shall furnish all legal, insurance and accounting services, including auditing * services, that may be reasoriably necessary at any time for the Project to meet the Owner’s needs and interests. § 3.3 Architect . The Construction Manager shall retain an Architect to provide services, duties and responsibilities as described in ALA Documerit B143™_2004, Standard Form of Agreement Between Design-Builder and Architect, including any additional services tequested by the Construction Manager that are necessary for the Preconstruction and Construction Phase services under this Agreement, ARTICLE. 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES = § 44 Compensation § 4.1.4 For the Construction Matiaget’s Preconstruction Phase services, the Owner shall compensate the Construction Manager as follows: § 4.4.2 For the Construction Manager’s Preconstruction Phase services described in Sections 2.1 and 2.2: (insert amount of, or basis for, compensation and include a list of reimbursable cost items, as applicable.) The greater of $80,000.00 of 1% of the total construction budget, not including Design Fees. Design fees included in the Construction Manager’ Scope of Preconstruction Services Scope of Work are defined in Article 11. § 4.1.3 If the 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. § 4,14 Compensation based on Direct Personnel Expense includes the direct salaries of the Construction Manager’s personnel providing Preconstruction Phase services on the Project and the Construction Manager’s costs for the mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. § 4.2 Payments § 4.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. AlA Document A133™ — 2009 (formerly A124 ™CMc = 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved, hig AIA” Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA” Y any portion of it, may result in sew vil and criminal geriaities, 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) § 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 prevailirig from time to time at the principal place of business of the Construction Manager. (Insert rate of monthly or annual interest agreed upon.) : ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 5.1 For the Construction Manager’s performance of the Work as described in Section 2.3, the Owner shall pay the Construction Manager the Contract Sum in current funds. The Contract Sum is the Cost of the Work as defined in Section 6.1.1 plus the Construction Manager’s Fee. § 5.1.1 The Construction. Manager’s Fee: (State a lump sum, peréentage of Cost of the Work or other provision for determining the Construction Manager's Fee.) Construction Managet*s Coiistruction 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 Cotisttuction Manager’s Scope of Work are defined in Article 11. § 5.4.2 The method of adjustment of the Construction Manager’s Fee for changes in the Work: “Refer to Articlé 5.1.1 above, 4 51.3 Limitations, if any, on a Subcontractor’s overhead and profit for increases in the cost of its portion of the Work: None: § 5 1.4. Rental tates for Coistriiction Manager-owned equipment shall not exceed the standard rate paid at the place of the Project. ” § 5.1.5 Unit prices, if any: n/a (identify and state the unit price; state the quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) § 5.2 Guaranteed Maximum Price (GMP) § 5.24 The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in thé Guaranteed Maximum Price Amendment, as it is amended from time to time. To the extent the Cost of - the Work exceeds thé Guaranteed Maximum Price, the Construction Manager shall bear such costs in excess of the Guatanteed Maximum Price without reimbursement or additional compensation from the Owner. (Insert specific provisions if the Construction Manager is to participate in any savings.) Owner and Conistruction Manger shall share in any cost savings generated and returned to the Owner from within the GMP at a tatio of 95% to Owner and 5% to Construction Manager. § 5.2.2 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 § 5.3.1 The Owner may, without invalidating the Contract, order changes in the Work within the