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

actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect and 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. § 2.5 Hazardous Materials Section 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 § 3.4.1 The Owner shall provide information with reasonable promptness, regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, constraints, and criteria, including schedule, space requirements and relationships, flexibility and expandability, special equipment, systems sustainability and site requirements. § 3.1.2 Prior to the execution of the Guaranteed Maximum 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 Owner’s obligations under the Contract. Thereafter, the Construction Manager may only request such evidence if(1) the Owner fails to make payments to the 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 es a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangernents without prior notice to the Construction Manager and Architect. § 3.4.3 The Owner shall establish and periodically update the Owner’ s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1.1, (2} the Owner’s other costs, and (3) reasonable contingencies if the Owner significantly increases or decreases the Owner's budget for the Cost of the fy the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree 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 shail exercise proper precautions relating to the safe performance of the Work. § 3.1.41 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 AT33™ - 2608 (formerly A121 ™CMéc ~ 2083}. Copyright © 1891, 2003 and 2009 by The American instituie of Architects, All rights reserved, init, WARNING: This AIA” Documunt is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction of distribution of this AlA’ 7 Cocument, or any portion of it, may reeult in severe civil and criminal penalties, and will be prouecuted to the maximum extent posslbie under the law, t This document was produced by AIA software at 16:04:11 on 10/15/2012 under Order No.5002324530_1 which expires on 01/16/2013, and Is nat for resale. User Notes: {1482324325} <ert § 3.1.4.2 The Owner shall furnish surveys describing physical characteristics, legal {imitations 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, grades 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 the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services arid 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. § 3.1.44 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 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. § 3.2 Owner's Designated Representative The Gwner shail identify a representative authorized to act on behalf of the Owner with respect to the Project. The Owner’s representative shall render decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the 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. § 3.2.1 Legal Requirements. The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably 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 AIA Document B143™-2004, Standard Form of Agreement Between Design-Builder and Architect, including any additional services requested 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 § 4.1 Compensation § 4.1.1 For the Construction Manager’s Preconstruction Phase services, the Owner shall compensate the Construction Manager as follows: § 4.1.2 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.) 1% of total construction budget for the project, not including Design Fees. _[—.—Phase 1... $22,000. Phase 2 $48,000 Phase | services include Schematic Design Estimate and materials review for renovated area, Owner may terminate the agreement at any time during pre-construction phase services and be liable only for completed work as of that date, § 4.1.3 if the Preconstruction Phase services covered by this Agreement have not beett completed within 30 days { 1 ) month 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, : § 4.1.4 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. a AIA Document A133™ ~ 2009 {formerty A127 ™OMc ~ 2003). Copyright @ 1991. 2003 and 2008 by The American institute of Architects. All rights reserved. init. WARNING: This AIA® Document Is protected by U.8. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA’ 8 Document, or any postion of ft, may reauit In sevare civil and crimina! penaities, and will be prosecuted to the maximum axtent posible undar the taw. i This document was produced by AIA software at 18:04:11 on 10/15/2012 under Order No.6092324330_1 which expires on 01/16/2013, and is not for resaia. User Notes: eZ § 4.2 Payments § 4.2.4 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. § 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 prevailing from time to time at the principal place of business of the Construction Manager. (insert rate of monthly or annual interest agreed upon) | 12% % monthly ARTICLE § 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, percentage of Cost of the Work or other provision for determining the Construction Manager's Fee.) Construction Manager's fee will total 5% of the total construction cost, excluding any Design fees. Design fees included in the Construction Manager's scope of work are defined in Article 11 § 5.1.2 The method of adjustment of the Construction Manager’s Fee for changes in the Work: § 5.4.3 Limitations, ifany, on a Subcontractor’s overhead and profit for increases in the cost of its portion of the Wark: § 5.1.4 Rental rates for Construction Manager-owned equipment shall not exceed percent (_ %) of the standard rate paid at the place of the Project. § 5.1.5 Unit prices, if any: (identify and state the unit price; state the quantity limitations, if any, to which the unit price will be applicable.) tem Units and Limitations Frice per Unit ($0.00) § 5,2 Guaranteed Maximum Price § 5.2.1 The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment, as it is amended from time to time, To the extent the Cost of the Work exceeds the Guaranteed Maximum Price, the Construction Manager shall bear such costs in excess of the Guaranteed Maximum Price without reimbursement or additional compensation from the Owner. {insert specific provisions if the Construction Manager is to participate in any savings.) | TBD ~ Note: all project's savings are returned to the Owner. § 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 adjustrnent 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 general scope of the Contract consisting of additions,