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

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 ALA Document AZO! 2007, General ‘AIA Dogumont A133"™ ~ 2000 (formerly A121 "CMe ~ 2003), Copyright © 1981, 2003 and 2009 by The American institvis of Architects. All ights reaarved, Init. WARNING: This AIA® Document is protected by U.S. Copyright Law end international Treatlee, Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result In severe civil and criminal panalties, and wiil be p: te the max extent te under the lew. f This document was produced by AIA software at 16.04:41 on 10/15/2012 under Order Ne.S082324330_1 which expires on 01/16/2073, and is not for resale. User Notes: (1482324325) LOGE 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. § 5.3.2 Adjustments to the Guaranteed Maximum Price on.account of changes in the Work subsequent to the execution of the Guarante mum Price Amendment may be determined by any of the methods listed in Section 7.3.3.0f 0... IA Document 07, General Conditions of the Coritract for Construction. § 5.3.3 In calculating adjustments to subcontracts (except those awarded with the Owner’s prior conscnt 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 “costs” 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 AIA Document A201~2007 shall mean the Cost of the Work as defined in Sections 6.1 to 6.7 of this Agreement and the term “fee” shall mean the Construction Manager’s Fee as defined in Section 5.1 of this Agreement, § 5.3.5 Ifno specific provision is made in Section 5.1.2 for adjustment of the Construction Manager’s Fee in the case of changes 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 Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work, and the Guaranteed Maximum 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 the Work shail mean costs necessarily incurred by the Construction Manager in the proper performance of the Work, Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the 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. The parties shall endeavor to identify any such costs prior to executing Guaranteed Maximum Price Amendment. § 6.2 Labor Costs § 6.2.4 Wages of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner’s prior approval, at off-site workshops, § 6.2.2 Wages or salaries of the Construction Manager's supervisory and administrative personne] when stationed at the site with the Qwner’s prior approval. (Of it is intended that the wages or salaries of certain personnel stationed at the. Construction Manager's principal or other offices shall be included in the Cost of the Work, identify in Section 11.5, the personnel to be included, whether Sor ail or only part of their time, 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. § 8.2.4 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 te any Subcontractor or vendor, with the Owner’s prior approval. AIA Document A133™ ~ 2008 (formerly AfZ?™GMic = 2003). Copyright © 1991, 2603 and 2009 by The American instiute of Architects, All rights reserved, init. WARNING; This AIA” Document io protected by U.8. Copyright Lew and International Treaties. Unauthorized reproduction or distribution of this AA" 49 Document, or any porticn of it, may result in severe clvil and criminal pansities, and will be prosscuted to the maximum extent possible under the law. } This document wes produced by AJA software st 16:04:11 on 10/15/2012 under Ordar No.6082324330_1 which expires on 01/16/2013, and fs not for resale. ‘User Notea: (1482324325) ae t= § 6.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts. § 64 Costs of Matoriais 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. § 8.4.2 Costs of materials described in the preceding Section 6.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, ifany, shal! become the Owner's property at the completion ofthe Work or, at the Owner's option, shall be sold by the Construction Manager. Any amounts realized ffom such sales shall be credited to the Owner as a deduction from the Cost of the Work. § 6.5 Costs of Other Materials and Equipment, Temporary Facilities and Related items § 6.5.1 Costs of transportation, storage, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, 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 materials, supplies, temporary facilities, machinery, equipment and tools that are not fully consumed shall be based on the cost or value of the item 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 valuc. § 6.5.2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and costs of transportation, installation, minor repairs, dismantling and removal. The total rental cost of any Construction Manager-owned item may not exceed the purchase price of any comparable item. Rates of Construction Manager-owned equipment and quantities of equipment shall be subject to the Owner’s prior approval. § 6.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § 5.5.4 Costs of document reproductions, facsimile transmissions and long-distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable peity cash expenses of the site office, § 6.5.5 That portion of the reasonable expenses of the Construction Manager’s supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. § 6.5.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner’s prior approval. § 6.6 Miscellaneous Coste § 6.8.1 Premiums for that 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. nee ae § 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. § 6.8.5 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 A121 ™ CMe — 2003). Copyright © 1991, 2003 and 2009 by The American institute of Architects, All rights reuerved., int WARNING: This AIA” Document is protected by U.3. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AlA’ 44 Document, or any portion of ft, may reouit in severe clvil and criminal penuities, end wil be prosecuted to the maximum extent possible under the lew, t This nt was pr by AIA @ at 18:04:51 on 10/16/2012 under Order No.6092324330_1 which expires on 01/16/2013, and is not for resale. User Notes: (1482324325) e484 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 AIA Document A20I~2007 or other provisions of the Contract Documents, then they shall not be ___dncluded in the Cost of the Work, 7 be weer § 6.6.6 Costs for electronic equipment and software, directly related to the Work with the Owner’s prior approval. § 6.8.7 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific tesponsibility 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 Agreement in the performance of the Work and with the Owner’s prior approval, which shail not be unreasonably withheld. § 6.6.9 Subject to the Owner’s prior approval, expenses incurred in accordance with the Construction Manager's standard written personnel policy for relocation and temporary living allowances of the Construction Manager's personnel required for the Work. § 6.7 Other Costs and Emergencies § 6.7.1 Other costs incurred in the