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

general scope of the Contract consisting of additions, deletions or other revisions. The Owner shall issue such changes in writing. The Architect may make minor changes in the Work as provided in Section 7.4 of AIA Document A201-2007, General Conditions of the Contract for Construction. The Construction Manager shall be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work. 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 document was produced by AIA software at 11:38:42 or: 04/22/2014 under Order No.8569967243_1 which expires on 09/16/2014, and is not for resale. User Notes: (1784294242) Sab § 5.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Section 7.3.3 of AIA Document 4201-2007, General Conditions of the Contract for Construction. § 5.3.3 In calculating adjustments to subcontracts (except those awarded with the Owner’s prior consent on the basis of cost plus a fee), the terms "cost" and "fee" as used in Section 7.3.3.3 of ALA Document A201-2007 and the term "eosts" as used in Section 7.3.7 of AIA Document A201-2007 shall have the meanings assigned to them in AIA Document A201—2007 and shall not be modified by Sections 5.1 and 5.2, Sections 6.1 through 6.7, and Section 6.8 of this Agreement. Adjustments to subcontracts awarded with the Owner’s prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. § 5.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terms “cost” and "costs" as used in the above-referenced provisions of ALA Document A201—2007 shall mean the Cost of the Work as defined in Sections 6.1 to6.7 of this Agreemerit anid the term “fee” shall mean the Constraction Manager’s Fee as defined in Section 5.1 of this Agreement. § 5.3,5 If no specific provision: is made in Section 5.1.2 for adjustment of the Construction Manager’s Fee in the case of changés i in. the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of Section 5.1.2-will cause substantial inequity to the Owner or Construction Manager, the Construction Manager’ 's Feé shall be-équitably adjusted on the same basis that was used to establish the Fee for the original Work, aiid the Guaranteed Mi ium, Price shall be adjusted accordingly. ARTICLE 6 cost OF THE WORK FOR CONSTRUCTION PHASE § 6:1 Costs to Be Reimbursed § 6.1.1 The term Cost’ of thé Work shall mean costs necessarily incurred by the Construction Manager in the proper performaice of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior conseiit of thé Owner. The Cost of the Work shall include only the items set forth in Sections 6.1 through 6.7. § 6.1.2 Where any cost is subject to the Owner’s prior approval, the Construction Manager shall obtain this approval prior to incurring the cost: ‘hie parties shall endeavor to identify any such costs prior to executing Guaranteed Maximum Price Amendment. § 6.2 Labor Costs § 6.21 Wages of constriction workers directly employed by the Construction Manager to perform the construction of the: Work at the site 6, with the Owner’s prior approval, at off-site workshops. § 6.2.2 Wages or salaries of the Construction Manager’s supervisory and administrative personnel when stationed at the site with the Ownet’s prior approval. : ff it is intended that the wages or salaries of certain personnel stationed at the Construction Manager’s principal or other offices shall be. inchided in the Cost of the Work, identify in Section 11.5, the personnel to be included, whether for all or only part of their timé, and the rates at which their time will be charged to the Work.) § 6.2.3 Wages and salaries of the Construction Manager’s supervisory or administrative personnel engaged at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. § 6.2.4 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 6.2.1 through 6.2.3. § 6.2.5 Bonuses, profit sharing, incentive compensation and any other discretionary payments paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor, with the Owner’s prior approval. AIA Document A133™ — 2009 (formerly A121 ™GMc ~ 2003). Copyright © 1991, 2003 and 2009 by The American institute of Architects. All rights reserved. WARNING: This AIA” Document is protected by US. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this aa Document, or any portion of it, may result in »: This document was produced by AIA software at 1 on 04/22/2014 under Order No.8569967243_1 which expires on 09/16/2014, and is not for resale. User Notes: (1784294242) vil and criminal penalties, and will be prosecuted i the maximurn extent possible under the law. 10 § 6.3 Subcontract. Costs 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. § 6.4 Costs of Materials and Equipment incorporated in the Completed Construction § 6.4.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the completed construction. § 6.4.2 Costs of materials described in the preceding Section 6.4.1 in excess of those actually installed to allow for rédsonable waste and spoilage. Unused excess materials, if any, shall become the Owner’s property at the completion of the Work or, at the Owner’s option, shall be sold by the Construction Manager. Any amounts realized from such sales shall be credited.to the Owner as a deduction from the Cost of the Work. : § 6.5 Costs. of Othei Materials and Equipment, Temporary Facilities and Related items § 6.5.1 Costs of transportation, storage, installation, maintenance, dismantling and removal of materials, supplies, temporaty faciliti . inachinéry, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the Work. Costs of matérials, supplies, t rary facilities, machinery, equipment and tools that are not fully consumed shall be based on the cost or value of éi_at the time it is first used on the Project site less the value of the item when it is no longer used ‘at the Project site: Costs for items not fully consumed by the Construction Manager shall mean fair market value. § 6 5.2 Reiital charges for temporary facilities, machinery, equipment and hand tools not customarily owned by Construction worker's that ate provided by the Construction Manager at the site and costs of transportation, installation, idinor fépairs, dismantling and removal. The total rental cost of any Construction Manager-owned item may not éxceed the purchase price of any comparable item. Rates of Construction Manager-owned equipment and quantities of equipinieiit shall, be subject to thé Owner’s prior approval. § 6.5.3 Costs of retiioval of debris from the site of the Work and its proper and legal disposal. § 6.5.4 Costs of document Feproductions, facsimile transmissions and Jong-distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office. § 6.5.5 That portion of the reasotiable expenses of the Construction Manager’s supervisory or administrative petsonnel incurted while travelirig in discharge of duties connected with the Work. § 6.5.6 Costs of tiaterials and équipitient suitably stored off the site at a mutually acceptable location, subject to the Owiier’s prior approval. § 6.6 Miscellaneous Costs § 6.6.1 Premiums for tliat portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. Self-insurance for either full or partial amounts of the coverages required by the Contract Documents, with the Owner’s prior approval. § 6.6.2 Sales, use or similar taxes imposed by a governmental authority that are related to the Work and for which the Construction Manager is liable. § 6.6.3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Construction Manager is required by the Contract Documents to pay. § 6.6.4 Fees of laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded by Section 13.5.3 of ALA Document A201—2007 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 6.7.3. § 6.6.5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent rights arising from such requirement of the Contract Documents; and payments made in accordance with legal judgments against the Construction Manager AIA Document A133™ - 2009 {formerly A1241™CMc — 2003). Copyright © 1991, 2003 and 2009 by The American institute of Architects. All rights reserved. WARMING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Aia® Document, ot any partion of it, may result in severe civil and criminal penalties, and will be prosecuted tothe maximurn extent possible under the jaw. This document was produced by. AJA 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) resulting from such suits or claims and payments of settlements made with the Owner’s consent. However, such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Construction Manager’s Fee or subject to the Guaranteed Maximum Price. If such royalties, fees and costs are excluded by the last sentence of Section 3.17 of ALA Document A201-2007 or other provisions of the Contract Documents, then they shall not be included in the Cost of the Work. § 6.6.6 Costs for electronic equipment and software, directly related to the Work with the Owner’s prior approval. § 6.6.7 Deposits lost for causes other than the Construction Manager’s negligence or failure to fulfill a specific responsibility in the Contract Documents. § 6.6.8 Legal, mediation and arbitration costs, including attorneys’ fees, other than those arising from disputes between the Owner and Construction Manager, reasonably incurred by the Construction Manager after the execution of this Agrééinent in the performance of the Work and with the Owner’s prior approval, which shall not be litteasonably withheld. § 6.6.9 Subject tothe Owner’s prior approval, expenses incurred in accordance with the Construction