Okaloosa County BOCC — June 3, 2014 — LORD AND SON A — reading text

CONTRACT & LEASE INTERNAL COORDINATION SHEET Contract/Lease Number: Tracking Number: Contractor/Lessee Names) Zi La ¢. wea Grant Funded: YES NO_¢~ Purpose S shad J Ne, ws buh Le te =) ye lemin Alny We ¥ } ~ bs ana Date/Term: Aik 23 dey 1. [Uy GREATER THAN $50,000 a ly Amount: 4) fi g¢tt » él (&aiat Ce, + 2. [7] GREATER THAN $25,000 a Department: #7) 3. L] $25,000 or Less Dept. Monitor Name! / (4/7 L904 _ Document has been reviewed and includes any attachments or exhibits. Purchasing Review ¢fmouement requirements are-met: ‘ , 5 > y / f ey PF of eet | rs as Date:_ SO "4 / Ly Purchasing Director or Designee Risk Management Review Approved as written: MMM Date: sfilg Risk Manager or designee uckkKea{ a County Attorney Review joO%. Y -w0er’ Approved as written: Date: County Attorney Following Okaloosa County approval: Contracts & Grants Document has been received: Date: Contracts & Grants Manager Joanne Kublik From: Greg Stewart Sent: Sunday, May 25, 2014 4:48 PM To: Joanne Kublik Subject: RE: LORD AND SON AGREEMENT; However, I need a contract review form sn't have Don ners hand written no Gregory T. Stewart County Attorney Okaloosa County, Florida Please note: Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure. From: Joanne Kublik Sent: Sunday, May 25, 2014 1:50 PM To: Greg Stewart Subject: LORD AND SON AGREEMENT; Here is the agreement. I will probably be here for a little while if you need anything. Jo Joanne Kublik, Contracts and Lease Coordinator Okaloosa County Purchasing Department 602-C North Pearl Street Crestview, Florida 32536 (850) 689-5968 jkublik@co.okaloosa.fl.us Please note: Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure. Agreement Between: Owner and Construction Manager Contract Type: Construction Manager as Constructor, payment is based on the Cost of the Work Plus a Fee with a Guaranteed Max Price Contract Agreement Date: 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 The Project is (Name, address and location) Page | of 19 Document No.OCM133 New Office Addition at the Okaloosa County Sheriff's Office in Shalimar 50 2™ Street Shalimar, FL 32579 The Architect is: (Name, legal status and address) DAG Architects, Inc. 1223 Airport Road Destin, FL 32541 The Owner's Designated Representative: (Name, address and other information) Donald L. Turner, Director Facilities Maintenance 5489 Old Bethel Road Crestview, Florida 32536 Phone: (850) 689-5790 Fax: (850) 689-5630 facinfo@co.okaloosa.fl.us The Construction Manager's Designated Representative: (Name, address and other information) Leven D. Lord II, President Lord & Son Construction, Inc. 19 David Street Fort Walton Beach, FL 32547 850-863-5158 (P) spike@lordandson.com Agreement Between: Owner and Construction Manager Contract Type: Construction Manager as Constructor, payment is based on the Cost of the Work Plus a Fee with a Guaranteed Max Price The Architect's Designated Representative: (Name, address and other information) Pat Ballasch, AIA, LEED AP DAG Architects, Inc. 1223 Airport Road Destin, FL 32541 850-837-8152 (P) pballasch@dagarchitects.com The Owner and Construction Manager agree as set forth below: Page 2 of 19 Document No.OCM133 Agreement Between: Owner and Construction Manager Page 3 of 19 Contract Type: Construction Manager as Constructor, payment is based on Document No.OCM133 the Cost of the Work Plus a Fee with a Guaranteed Max Price TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES 3 OWNER'S RESPONSIBILITIES 4 COMPENSATION AND PAYMENTS 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 INSURANCE AND BONDS 9 DISPUTE RESOLUTION 10 TERMINATION OR SUSPENSION 11 MISCELLANEOUS PROVISIONS 12 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 are as fully a part of the Contract as if attached 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 services 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 a timely manner, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. § 1.2 General Conditions For the Construction Phase, Document GCG201, 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 shail be as set forth in the Document GCC201, which document is incorporated herein by reference. The term “Contractor as used in GCC201 shall mean the Construction Manager. ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES Agreement Between: Owner and Construction Manager Page 4 of 19 Contract Type: Construction Manager as Constructor, payment is based on Document No. OCM133 the Cost of the Work Plus a Fee with a Guaranteed Max Price 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 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 Construction 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 schedule and conduct meetings 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 budget, 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 Architect's review and the Owner's acceptance. The Construction Manager shall obtain the Architect's approval of the portion of the Project schedule relating to the performance of the Architect's services. The Project schedule shall 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 shall 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 § 2.1.5.1 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 Architect's review and Owner's approval. If the Architect or Construction Manager suggest alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems. § 2.1.5.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare 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 on a Guaranteed Maximum Price for the Work. Such estimates shall be provided for the Architect's review and the Owner’s approval. The Construction Manager shall inform the Owner and Architect when estimates of the Cost of the Work exceed the budget and make recommendations for corrective action. § 2.1.6 Subcontractors and Suppliers The Construction Manager shall develop bidders’ interest in the Project. Agreement Between: Owner and Construction Manager Page 5 of 19 Contract Type: Construction Manager as Constructor, payment is based on Document No.OCM133 the Cost of the Work Plus a Fee with a Guaranteed Max Price § 2.1.7 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