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

nullified a Certificate for Payment as provided int Section 9.5 of AIA Document 4201-2007. § 7.1.8 The Owner and Construction Manager shall agree upon (1) a mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Construction Manager shall execute subcontracts in accordance with those agreements. § 7.1.9 Except with the Owner’s prior approval, the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 7.1.10 In taking action on the Construction Manager’s Applications for Payment, the Owner shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager and shall not be deemed to represent that the Owner has made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Section 7.1.4 or other supporting data; that the Owner has made exhaustive or continuous on-site inspections; or that the Owner has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner’s auditors acting in the sole interest of the Owner. 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 hy U.8. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ala” 14 Document, or any portion of it, may result in severe civil and criminal penalties, and will he prosecuted to the maximum extent possible under the iaw. 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 Hotes: (1784294242) Mb § 7.2 Final Payment § 7.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Construction Manager when 1 the Construction Manager has fully performed the Contract except for the Construction Manager’s responsibility to correct Work as provided in Section 12.2.2 of AIA Document A20i~2007, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final Application for Payment; and 3 a final Certificate for Payment has been issued by the Owner. The Owner’s final paymént to the Construction Manager shall be made no later than 30 days after the issuance of the final Certificate for Payment, or as follows: § 7.2.2 The Owner's auditors: sill review and report in writing on the Construction Manager’s ‘final accounting within 30 days ; after delivery of the finial accounting to the Owner by the Construction Manager. Based upon such Cost of the Workas thé Owtier’s aiiditors teport to be substantiated by the Construction Manager’s final accounting, and provided the. other conditions o ection 7.2.1 have been met, the Owner will, within seven days after réceipt of the written report of thé Owiier’s atidifors, either issue a final Certificate for Payment to the Construction Manager, or notify the Construction Manager in wi itiig of the reasons for withholding a certificate as provided in Section 9.5.1 ofthe AIA Document. A201-2007. The time periods stated in this Section supersede those stated in Section 9.4.1 of the AIA Docushent A201-2007, |: § 7.2.3 Lf the Owner’s auditors. report the Cost of the Work as substantiated by the Construction Manager’s final Accounting t to be legs than claimed by the Construction Manager, the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Section 15.2 of A201-2007. A réqtiest for mediation shall-bé made by the Construction Manager within 30 days after the Construction Manager’s receipt of a copy of thé: firial Certificate for Payment. Failure to request mediation within this 30-day period shall ” gegult.in the substantiated aniount reported by the Owner’s auditors becoming binding on the Construction Manager. in of the disputed amount, the Owner shall pay the Construction Manager the amount certified in the final Certificate for Payment, : § 7.2: 4 If subsequent to final paymient and at the Owner’s request, the Construction Manager incurs costs described in Section 6.1.1 and not exchided by Section 6.8 to correct defective or nonconforming Work, the Owner shal] reimburse thé Constructiofi Manager such costs and the Construction Manager’s Fee applicable thereto on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. Ifthe Construction Managet has participated i in savings as provided in Section 5.2.1, the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Construction Manager. ARTICLE 8 INSURANCE AND BONDS For all phases of the Project, the Construction Manager and the Owner shall purchase and maintain insurance, and the Construction Manager shall provide bonds as set forth in Article 11 of A[A Document A201-2007. (Siate bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A201-2007.) The Construction Manager shall furnish bonds covering faithful performance of the Contract and payment of obligations atising thereunder. Bonds may be obtained through the Construction Manager’s usual source, and the cost thereof shall be included in the Cost of the Work. The amount of each Bond shall be equal to 100% of the Contract Sum, excluding design fees. Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) Worker’s Comp & Employers’ Liability ; Each Accident $1,000,000 Disease — Each Emp. $1,000,000 ASA Document A1 337 = 2008 (formerly A121™CMc — 2003). Copyright © 1994, 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 An 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.8569967 243_1 which expires on 09/16/2014, and is not for resale. User Notes: (1784294242) 15 Disease — Policy Limit $1,000,000 Commercial General Liability Each Occurrence $1,000,000 General Aggregate. $2,000,000 Personal & Advertising Injury ~ $1,000,000 Products — Completed Operations Aggreg. $2,000,000 Automobile Liability — Each Accident $1,000,000 Combined Single Limit Umbrella Excess Liability Each Occurrénce $10,000,000 Aggregate $10,000,000 ARTICLE 9 DISPUTE RESOLUTION § 9.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article’ and Article 15 of A201—2007. § 9.2 For any Claini subject to, but not resolved by mediation pursuant to Section 15.3 of ALA Document A201-2007, the method of bin isptité: resolution shall be as follows: (Check the appropriate box.df the Owner and Construction Manager do not select a method of binding dispute resolution below, oF do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ ] Arbiitation pursuant to Section 15.4 of AIA Document A201-2007 [LX] Litigation ina court of competent jurisdiction [ 1 Other: Speeigy) (f the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than. the Architect.) | (Paragraphs deleted) ARTICLE 10 TERMINATION OR SUSPENSION § 10.1 Termination Prior to: Establishment of the Guaranteed Maximum Price § 10.4.1 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this Agréeinent upon not less thanseven days’ written notice to the Construction Manager for the Owner’s convenience and without cause, aiid the Construction Manager may terminate this Agreement, upon not less than seven days’ written notice to the Owner, for thé reasons set forth in Section 14.1.1 of A201—2007. § 10.1.2 In the event of termination of this Agreement pursuant to Section 10.1.1, the Construction Manager shall be equitably compensated for Preconstruction Phase services performed prior to receipt of a notice of termination. In no event shall the Construction Manager’s compensation under this Section exceed the compensation set forth in Section 41. § 10.1.3 If the Owner terminates the Contract pursuant to Section 10.1.1 after the commencement of the Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment, the Owner shall pay to the Construction Manager an amount calculated as follows, which amount shall be in addition to any compensation paid to the Coiistruction Manager under Section 10.1.2: 1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; 2. Add the Construction Manager’s Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 5.1 or, if the Construction Manager’s Fee is stated as a fixed sum in that i AIA Document A133™ ~ 2009 (formerly A121™CMc — 2003}. Copyright © 1994, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. | This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of thie AIA ig 16 y any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. WARNING nL pes User Notes: (1784294242) ent was. produced by AIA software at 11:38:42 on 04/22/2014 under Order No.8569967 243_1 which expires on 09/16/2014, and is not for resale. Init. Section, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and 3 Subtract the aggregate of previous payments made by the Owner for Construction Phase services. The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager which the Owner elects to retain and which is not otherwise included in the Cost of the Work under Section 10.1.3.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, asa condition of receiving the payments referred to in this Article 10, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may. require. for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. All Subcontracts, purchase orders and rental agreements entered into by the Construction Manager will contain provisions allowing for assignment to the Owner as described above. ifthe Owner accepts assignment of subcontracts, purchase orders or rental agreements as described above, the Owner will reimbutse or inderinify the Construction Manager for all costs arising under the subcontract, purchase order or rental agreement, if those cdsts-would have been reimbursable as Cost of the Work if the contract had not been inated.