Okaloosa County BOCC — January 30, 2013 — Lord Son Contract on Shalimar Annex with Exhibits — reading text

BATA Document A133" — 2009 Standard Form of Agreement Between Owner and Construction Manager as _ Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price 16th, BCC approval AGREEMENT made as of the 9th-day of October in the year 2012 {In words, indicate day, month and year) BETWEEN the Owner: (Name, legal status and address) Okaloosa County Board of County Commissioners 1804 Lewis Turner Blvd, Suite 100 Fort Walton Beach, FL 32547 and the Construction Manager: (Name, legal status and address} Lord & Son Construction, Inc. 19 David Street Fort Walton Beach, FL 32547 for the following Project: {Name and address or location) Shalimar Courthouse Annex Renovations 1250 Eglin Parkway Shalimar, FL 32579 The Architect: (Name, legal status and address) DAG Architects Inc. 1223 Airport Road Destin, FL 32541 The Owner's Designated Representative: (Name, address and other information) Don Amunds 1804 Lewis Turner Blvd, Suite 100 Fort Walton Beach, FL 32547 Telephone Number: 850.651.7105 Fax Number: 850.651.7142 ADDITIONS AND DELETIONS: The author of this document has added information neaded for its completion, The author may aiso have ravised the text of the original AIA standard form. An Additions and Oeiefions Report that notes added information es well as ravisions to the standard form text is availabie from the author and shoutd be reviewed. A vertical line In the left margin of this document indicates where the author has added necessary information end where the author has added to or deleted from the original AIA text. This document has important legal consequences, Consuftation with an attomey is encouraged with respect fo ifs completion or modification. AIA Document A201™-2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other generat conditions unless this document Is modified. | Email Address: damunds@co.ckaloosa.fl.us The Construction Manager's Designated Representative: (Name, address and other information) AIA Document A123 ~ 2009 (formerly A121™CMic ~ 2003}. Copyright © 1891, 2003 and 2009 by The Amancan Inattute of Architects. All rights: reserved, init, = WARNING: Thie AIA® Oocument is protected by U.S. Copyright Law and inter ai Tr Unauth rapr of distribution of this AlA Document, o7 any portion of #t, may result in severe civil and criminal penatties, and will be prosecuted to the maximum extent poseible uncer the law. 1 This documant was produced by AIA software et 96:04:11 on 10/19/2012 under Order No.5062324330_1 which expires an 01/16/20 13, and ia nottor resale. User Notes: (1482324325) pte ink. Spike Lord 19 David Street Fort Walton Beach, FL 32457 Telephone Number: 850.863.5158 Fax Number: 850.862.4904 Mobile Number:850.259.9591 ——_ Email Address: spike@lordandson.com The Architect's Designated Representative: (Name, address and other information) Pat Ballasch 1223 Airport Road Destin, FL 32541 Telephone Number: 850.837.8152 Fax Number: 8$0,654.4276 Mobile Number: 850.217.4970 Email Address: pballasch@dagarchitects.com The Owner and Construction Manager agree as follows. AlA Document A13$™ ~ 2008 {formerly A217 CMe = 2003). Copyright © 1991, 2003 and 2009 by The Amarican institute of Architects. All rights reserved. WARNING: Thia AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ALA 2 Document, o7 sny portion of It, may reek in severe civil and crimbrad a m extant posalble under te law. This document was produced by AIA software at 16:04:11 on 10/45/2012 under Order No.6002324330_1 which expires an 01/16/2043, and is not for resale. ‘Uaor Notes: (1482324325) Ao Inf. TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 __ CONSTRUCTION MANAGER'S RESPONSIBILITIES 3 _—sOWNER'S RESPONSIBILITIES 4 _ COMPENSATION AND PAYIENTS FOR PRECONSTRUCTION PHASE SERVICES 5 _ COMPENSATION FOR CONSTRUCTION PHASE SERVICES 6 COST OF THE WORK FOR CONSTRUCTION PHASE 7 _ PAYMENTS FOR CONSTRUCTION PHASE SERVICES 8 _ {NSURANCE AND BONDS 9 DISPUTE RESOLUTION 10 TERMINATION OR SUSPENSION 41 ‘MISCELLANEOUS PROVISIONS 42 SCOPE OF THE AGREEMENT ARTICLE 1 GENERAL PROVISIONS § 1.1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract and areas fully a part of the Contract as ifattached to this Agreement or repeated herein. Upon the Owner's acceptance of the Construction Manager’s Guaranteed Maximum Price proposal, the Contract Documents will also include the documents described in Section 2.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 2.2.8, The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. § 1.2 Relationship of the Parties The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager’s skill and judgment in furthering the interests of the Owner; to furnish efficient construction administration, management seryices and " supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner’s interests. The Owner agrees to furnish or approve, in atimely manner, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents, § 1.3 General Conditions For the Preconstruction Phase, AIA Document A201™—2007, General Conditions of the Contract for Construction, shall apply only as specifically provided in this Agreement. For the Construction Phase, the general conditions of the contract shall be as set forth in A201-2007, which document is incorporated herein by reference. The term "Contractor" as used in A201-2007 shall mean the Construction Manager. ARTICLE 2. CONSTRUCTION MANAGER'S RESPONSIBILITIES The Construction Manager’s Preconstruction Phase responsibilities are set forth in Sections 2.1 and 2.2. The Construction Manager’s Construction Phase responsibilities are set forth in Section 2.3. The Owner and Construction Aida Document A133™ — 2009 formerly A121™CMic - 2003}. Copyright © 1981, 2003 and 2006 by The American Inatitute of Architects. All rights raserved. WARNING: This AIA® Document ie protected by U.S. Copyright Lew and International Treaties. Unauthorized reproduction or distribution of this aua® Document, or any portion of it, may result in severe clvil end criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document wes produced by AIA software at 16:04:11 on 10/16/2012 under Order No.5002324330_1 which expires on 01/16/2013, and is not for resale. User Notes: {1462324325} 3 Manager may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 2.1 Preconstruction Phase § 2.1.1 The Canistriction Manager shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other. § 2.1.2 Consultation The Construction Manager shall schcdule and conduct mectings with the Architect and Owner to discuss such matters as procedures, progress, coordination, and scheduling of the Work. The Construction Manager shall advise the Owner and the Architect on proposed site use and improvements, selection of materials, and building systems and equipment. The Construction Manager shall also provide recommendations consistent with the Project requirements to the Owner and Architect on constructability; availability of materials and labor; time requirements for procurement, installation and construction; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life-cycle data, and possible cost reductions. § 2.1.3 When Project requirements in Section 3.1.1 have been sufficiently identified, the Construction Manager shall prepare and periodically update a Project schedule for 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 shali 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 shal! include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered well in advance of construction; and the occupancy requirements of the Owner. § 2.1.4 Phased Construction The Construction Manager shall provide recommendations with regard to accelerated or fast-track scheduling, procurement, or phased construction. The Construction Manager shall take into consideration cost reductions, cost information, constructability, provisions for temporary facilities and procurement and construction scheduling issues. § 2.1.5 Preliminary Cost Estimates § 2.1.5.4 Based on the preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or similar conceptual estimating techniques for the 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. § 2.1.8.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall preparc 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 _ ~ gw W Guaranteed Maximum Price for the Work. Such estimates shall be provided for the Owner’s approval. The Construction Manager shall inform the Owner and Architect when estimates of the Cost of the Work exceed the latest approved Project budget and make recommendations for corrective action. § 2.1.6 Subcontractors and Suppllers The Construction Manager shall develop bidders’ interest in the Project. § 2.4.7 The Construction Manager shall prepare, for the Architect's review and the Owner’s acceptance, a procurement schedule for items that must be ordered well in advance of construction. The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered well in advance of construction. If the Qwner agrees to procure any items prior to the establishment of the Guaranteed