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

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. § 7.4.10 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 Architect 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 Owmer, will be performed by the Owner’s auditors acting in the sole interest of the Owner, ASA Document A133™ — 2068 {formerty A121 ™CMc ~ 2003). Copyright © 1891, 2003 and 2009 by The ‘American Institute of Architects. All righte reserved. WARNING: Thia AIA® Document fe protected by U.S. Copyright Law and international Traatios. Unauthorized reproduction or diytribution of this Ala? 14 Borument, or any portion of it, may result in wavere civil and criminal penalties, and will be prosecuted So the maximurt extent possible under the law. This document was produced by AIA software at 18:04:11 on 10/15/2012 under Order No.$092324330_1 which expires on 01/18/2013, and is not for resale. ‘User Notes; (4482324325) ink, .. Slate bonding requireme § 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 ATA Document A201-2007, 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 3a final Certificate for Payment has been issued by the Construction Manager. The Owner’s final payment 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 will review and report in writing on the Construction Mandger’s final accounting within 30 days after delivery of the final accounting by the Construction Munager. Based upon such Cost of the Work as the Owner's auditors report to be substantiated by the Construction Manager’s final accounting, and provided the other conditions of Section 7.2.1 have been met, within seven days after receipt of the written report of the Owner’s auditors, will authorize the final Certificate for Payment will be issued. § 7.2.3 If the Owner's auditors report the Cost of the Work as substantiated by the Construction Manager's final accounting to be less 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 request for mediation shall be made by the Construction Manager within 30 days after the Construction Manager's receipt of a copy ofthe final Certificate for Payment. Failure to request mediation within this 30-day period shall result in the substantiated amount reported by the Gwner’s auditors becoming binding on the Construction Manager. Pending a final resolution 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 payment and at the Owner's request, the Construction Manager incurs costs described in Section 6.1.1 and not excluded by Section 6.8 to correct defective or nonconforming Work, the Owner shall reimburse the Construction 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. If the Construction Manager has participated 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 6 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 AIA Document A201-2007. ifany, and limits of liability for insurance require 1] of AlA Document A2G1-2007.) Type of Insurance or Bond Limit of Llability or Bond Amount (see limits below) Workers’ Comp & Employers’ Liability Each Accident $1,000,000 Disease — Each Emp $1,000,000 Disease-Policy Lim $1,000,000 Commercial General Liability Each Occurrence $£,000,000 General Aggregate $2,000,000 Personal & Advertising Injury $1,000,000 Products-Completed Operations Agereg $2,000,000 Automobile Liability - Each Accident $1,000,000 Combined Single Limit Umbrella Excess Liability AIA Document A133™ ~ 2009 (formariy A127™CMc = 2003). Copyright © 1997, 2003 and 2009 by The American institute of Architects. Adl rights. reserved. WARRING: This AIA” Document Is protected by U.S. Copyright Low and international Treatise. Unauthorized reproduction or distribution of this AlA’ 45 Document, or any portion of lt, may result In aevere civil and criminal penalties, and will be prosecuted to the maximum extent possible under the aw. This document was produced by AIA software at 16:04:11 on 10/18/2012 under Order No.6092324930_1 which expires on 01/16/2013, and ig not for rasaie. User Notes: (1482324325) Ket Each Occurrence $10,000,000 Agerceate $10,000,000 The Construction Manager shall furnish bonds covering faithful performance of _ the Contract and payment of obligations ~ ~ oe arising 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. 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 9 and Article 15 of A201-2007. However, for Claims arising from or relating to the Construction Manager’s Preconstruction Phase services, no decision by the Initial Decision Maker shall be required as a condition precedent to mediation or binding dispute resolution, and Section 9.3 of this Agreement shall not apply. § 9.2 For any Claim subject to, but not resolved by mediation pursuant to Section 15.3 of AIA Document A201-2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Construction Manager do not select a method of binding dispute resolution below, or 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.) { ] Arbitration pursuant to Section 15,4 of AIA Document A201-2007 | {X] Litigation in a court of competent jurisdiction { ] Other: (Specify) § 9.3 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Section 15.2 of AIA Document A201~2007 for Claims arising from or relating to the Construction Manager's Construction Phase services, unless the parties appoint below another individual, not a party to the Agreement, to serve as the Initial Decision Maker. (if the parties mutually agree, insert the name, address and other contact information of the initial Decision Maker, if other than the Architect} ARTICLE 10 TERMINATION OR SUSPENSION § 10.1 Termination Prior to Establishment of the Guaranteed Maximum Price § 10.1.1 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this Agreement upon not less than seven days’ written notice to the Construction Manager for the Owner's convenience and without cause, and the Construction Manager may terminate this Agreement, upon not less than seven days” written notice to the Owner, for the 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 shal] the Construction Manager’s compensation under this Section exceed the compensation set forth in Section 4.1. AIA Document Al Faled 2008 (formerly A124™Ciic = 2003). Copyright © 1991, 2003 and 2009 by The American institute of Architects. All rights reserved, init, WARNING: This AIA® Document ts protected by U.S. Copyright Lew and international Treaties. Unauthorized reproduction or distribution of this AA 16 Document, or any portion of ft, may result in severe civil end criminal penaities, and will be prosecuted to the maximum extent poraible undar the faw. 1 This documentwas produced by AIA software at 16:04:11 on 10/18/2012 under Order No.5092324330__1 which expires on 01/16/2073, and iz not for resale. User Notes: (1482324325) CFQSL— init. | __OWNER (Signanure) CONSTRUCTION MANAGER (Signature) This Agreement is entered into as of the day and year first written above, SEA wwe. Don Amunds, Chairman, Okaloosa BCC (Printed name and title} _ Leven D, Lord Ti, President {Printed name and title} ASA Document A133™ ~ 2009 (lonmerty A121 CMc = 2003). Copyright © 1821, 2003 and 2008 by The American institute of Architects. All rights reserved. WARNING; Tole AIA’ Document io protected by U.S. Copyright Law and international Trestlen, Unauthorized raproduction or dlatribution of this BA? 49 Document, or any portion of ft, may result in severe civil end ¢riminal penalties, and will be provectitad to the mazimum extent possible under the lew. This document was praduesd by AIA software at 16:04:11 on 10/15/2012 under Order No.5092324330_1 which expires on 01/16/2013, and is not for resale. User Notes: (1482324325) SOL Init. Initial information for the following PROJECT: (Name and location or address) Shalimar Courthouse Annex Repurpose 1250 North Eglin Pkwy, Shalimar, FL 32579 THE DESIGN-BUILDER: (Name, legal status and address) Lord & Son Construction, Inc. P.O. Box 1808 Fort Walton Beach, FL 32548 THE ARCHITECT: (Name, legal status and address) DAG Architects, Inc. 1223 Airport Road Destin, FL 32541 AIA Document B143" — 2004 Exhibit A ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attomey is encouraged with respect to its compietion or modification. Consultation with an attorney is also encouraged with respect to professional licensing requirements in the jurisdiction where the Project is located. AIA Document B143™ — 2004