~ , Sheri L. Wainscott From: Sent: To: Subject: Robbie Ferris Sunday, November 22, 2015 1229 PM Keith R. Powell Re: CORRECTED E: RF revisions to checked draft 11_20_2015 Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Awesome !!! will be home in about 30 minutes and will take a look at it, thanks Sent from my iPhone On Nov 22, 2015, at 12:04 PM, Keith R. Powell wrote: Sorry.Robbie —Iran the "final" off the wrong base document, which is why you had fewer changes. Try this one. Getting to Ex A separately. Keith R. Poweli Childs &Halligan, P.A. Columbia, South Carolina www.childs-halliean.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. From: Robbie Ferris [mailto:RFerris@sfla.biz] Sent: Saturday, November 21, 2015 7:10 PM To: Keith R. Powell Cc: Aaron Thomas (athomas@metconus.com); Michael Richter Subject: RE: CORRECTED E: RF revisions to checked draft 11_20_2015 Keith, When you make these changes I need to send the final to the bonding company for their approval. Here are my comments. just happened to find one item A.3.1.6 and A.3.1.7 that I thought were had agreed upon that was changed. If there are other substantial things that you changed please let me know where they are. Main Document • The weather delays and anticipated weather language I sent you thins morning or something like that needs to be included. Most of our subs plan on working Saturday and or Sunday to get the work done. To not allow rain days if they fall on the weekend would be to defeat the purpose. Also we are told getting a rain day out of HCS with their current language takes a supreme court judge, seriously! We don't want to have to hire a scheduling expert and a lawyer 1 PAPR - 003164 every time it rains. The language needs to be simple , if it rains more than 2 days per month we get the extra days. As I see it were are saving HCS a lot of embarrassment by making this concession. They unnecessarily delayed the procurement process not us. I would rather not recount the delays because it would be unproductive at this point. We are taking risk here. What if we have a dry year? Regardless of the time extensions they should know we will do everything in our power to finish these jobs when they need them. We would not be able to withstand the political pressure of kids not have a school to attend even if we contractually had the time. Exhibit A • A.1.5.1.3-exhibit f that you sent us from HCS says if we submit application for payment by the 25~d we get paid by the 15`h of the following month. The last blank is (30) days according to exhibit F • A.2.2 May 15t goes here I think • A,3.1.6- We need something like this, again, we don't need to argue about if our proposal complies with the conceptual design or any other project requirement. They accepted our proposal. ----The design builders proposal clarifies the design builders assumptions and clarifications. • A.3.1.7-The design builders proposal has been determined by the owner to be an acceptable interpretation of the RFP and the project requirements. From: Keith R. Powell Imailto:kpowellCa~childs-halligan.netl Sent: Saturday, November 21, 2015 4:14 PM To: Robbie Ferris Subject: CORRECTED E: RF revisions to checked draft 11_20_2015 Importance: High Forget prior. Here they are. Remote computer not as simple as being there. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803)254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected byattorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. From: Keith R. Powell Sent: Saturday, November 21, 2015 4:13 PM To: 'Robbie Ferris' Subject: RE: RF revisions to checked draft 11_20_2015 How are these? Wili make changes for MB and SMS issues. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803) 254-4035 2 PAPR - 003165 -. _ . _. ,_ i NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. From: Robbie Ferris jmailto:RFerris@sfla.biz] Sent: Saturday, November 21, 2015 1:17 PM 70: Keith R. Powell Subject: Fwd: RF revisions to checked draft 11_20_2Q15 Keith please see below, there are a few tweaks to what we sent you last night. It should simplify things a little and take some of the?'s that could arise later out Sent from my iPhone Begin forwarded message: From: Aaron Thomas Date: November 21, 2015 at 1:15:16 PM EST To: "Robert W. Ferris" Subject: FW: RF revisions to checked draft 11_20_2015 Robbie- I just read this again and realized we had made a mistake that could cause confusion. The attached revision made 2 minor changes to what we sent last night: 1. On weather delays I deleted the reference to the 10 year NOAA average being a baseline we would compare to. I did this because if we are already using 2 days per month as the baseline for adverse weather all we need NOAA for is to substantiate the days over 2 so it is not subjective in nature with the staff. Example If we have 5 days of rain in December 2015 that is over .10" then we would turn in the NOAH report for the project locale showing we had the 5 days over .10 and we would get an extension via change order for 3. <(5) days over .10" — (2) days expected in contract = (3) days extension> Z. I also added ACT OF GOD Language to the 8.2.1. We talked about it but forgot to add it. Must have been tired. Call me if you have any questions. I'.m at the office. Warm Regards, Aaron Thomas, MCM, LEED-AP ~ President Metcon, Inc. ~ 763 Comtech Drive (PO Box 1149 ~ Pembroke, NC 28372 office 910.521.8013 ~ mobile 910.734.0537 ~ email:athomasC~metconus.com website ( (inkedin ~ twitter ~ instagram 3 PAPR - 003166 :, Sheri L. Wainscott From: Sent: To: Subject: Robbie Ferris Sunday, November 22, 2015 129 PM Keith R. Powell RE: CORRECTED E: RF revisions to checked draft 11_20_2015 Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Keith These loolchilds-halligan.netl Sent: Saturday, November 21, 2015 4:14 PM To: Robbie Ferris Subject: CORRECTED E: RF revisions to checked draft 11_20_2015 Importance: High Forget prior. Here they are. Remote computer not as simple as being there. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halli~an.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. From: Keith R. Powell Sent: Saturday, November 21, 2015 4:13 PM To: 'Robbie Ferris' Subject: RE: RF revisions to checked draft 11_20_2015 How are these? Will make changes for MB and SMS issues. Keith R, Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803) 254-4035 2 PAPR - 003168 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. From: Robbie Ferris ~mailto:RFerrisCa~sfia.bizl Sent: Saturday, November 21, 2015 1:17 PM To: Keith R. Powell Subject: Fwd: RF revisions to checked draft 11_20_2015 Keith please see below, there are a few tweaks to what we sent you last night. It should simplify things a little and take some of the?'s that could arise later out Sent from my iPhone Begin forwarded message: From: Aaron Thomas Date: November 21, 2015 at 1:15:16 PM EST To: "Robert W. Ferris" Subject: FW: RF revisions to checked draft 11_20_2015 Robbie- I just read this again and realized we had made a mistake that could cause confusion. The attached revision made 2 minor changes to what we sent last night: 1. On weather delays I deleted the reference to the 10 year NOAA average being a baseline we would compare to. ►did this because if we are already using 2 days per month as the baseline for adverse weather all we need NOAA for is to substantiate the days over 2 so it is not subjective in nature with the staff. Example If we have 5 days of rain in December 2015 that is over .10" then we would turn in the NOAA report for the project locale showing we had the 5 days over .10 and we would get an extension via change order for 3. <(5) days over .10" — (2) days expected in contract = (3) days extension> 2. I also added ACT OF GOD Language to the 8.2.1. We talked about it but forgot to add it. Must have been tired. Call me if you have any questions. I'm at the office. Warm Regards, Aaron Thomas, MCM, LEED-AP ~ President Metcon, Inc. ~ 763 Comtech Drive ~ PO Box 1149 ~ Pembroke, NC 28372 office 910.521,$013 ~ mobile 910.734.0537 ~ email~athomas@metconus.com website ~ linkedin ~ twitter ~ instagram 3 PAPR - 003169 Sheri L. Wainscott From: Sent: To: Subject: Keith R. Powell Sunday, November 22, 2015 1:30 PM Robbie Ferris Re: CORRECTED E: RF revisions to checked draft 11_20_2015 Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category How about 3. I will need to make and print the 5 sets then drive to Conway Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. On Nov 22, 2015, at 1:28 PM, Robbie Ferris wrote: Keith These look great... am presenting at 4:00, would you lii Date: November 21, 2015 at 1:15:16 PM EST To: "Robert W. Ferris" Subject: FW: RF revisions to checked draft 11_20_2015 Robbie- I just read this again and realized we had made a mistake that could cause confusion. The attached revision made 2 minor changes to what we sent last night: 1. On weather delays I deleted the reference to the 10 year NOAA average being a baseline we would compare to. I did this because if we are already using 2 days per month as the baseline for adverse weather all we need NOAA for is to substantiate the days over 2 so it is not subjective in nature with the staff. Example If we have 5 days of rain in December 2015 that is over .10" then we would turn in the NOAA report for the project locale showing we had the 5 3 PAPR - 003172 days over .10 and we would get an extension via change order for 3. <(5) days over .10" — (2) days expected in contract = (3) days extension> 2. I also added ACT OF GOD Language to the 8.2.1. We talked about it but forgot to add it. Must have been tired. Call me if you have any questions. I'm at the office. Warm Regards, Aaron Thomas, MCM, LEED-AP ~ President Metcon, Inc. 1763 Comtech Drive ~ PO Box 1149 ~ Pembroke, NC 28372 office 910,521.8013 ~ mobile 910.734.0537 ~ emctil:athomas~metconus,com website ~ linkedin I twitter ~ instac3ram 4 PAPR - 003173 Sheri L. Wainscott From: Sent: To: Subject: Robbie Ferris Sunday, November 22, 2015 1:44 PM Keith R. Powell RE: CORRECTED E: RF revisions to checked draft 11_20_2015 Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category - Sounds good, will you contact the board chair to meet us, he could meet us at 3:30, that will give me a few minutes to double check all the allowances and contract amounts... From: Keith R. Powell {mailto:kpowell@childs-halligan.net] Sent: Sunday, November 22, 2015 1:30 PM To: Robbie Ferris Subject: Re: CORRECTED E: RF revisions to checked draft 11_20_2015 How about 3. I will need to make and print the 5 sets then drive to Conway Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halli~an.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. On Nov 22, 2015, at 1:28 PM, Robbie Ferris wrote: Keith These look great... am presenting at 4:00, would you like to meet before that to sign contracts. We could meet at 2:30 or 3:00 if you like... Robbie From: Keith R. Powell [mailto:kpowellCo~childs-halliwa l Sent: Sunday, November 22, 2015 12:17 PM To: Robbie Ferris Subject: RE: CORRECTED E: RF revisions to checked draft 11_20_2015 Keith R. Powell Childs &Halligan, P.A. 1 PAPR - 003174 Columbia, South Carolina www.childs-halli~an.com (803)254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. From: Robbie Ferris [mailto;RFerrisC~sfla.biz] Sent: Saturday, November 21, 2015 7:10 PM To: Keith R. Powell Cc: Aaron Thomas (athomas(a~metconus.com); Michael Richter Subject: RE: CORRECTED E: RF revisions to checked draft 11_20_2015 Keith, When you make these changes I need to send the final to the bonding company for their approval. Here are my comments. just happened to find ore item A.3.1.6 and A.3.1.7 that I thought were had agreed upon that was changed. If there are other substantial things that you changed please let me Know where they are. Main Document • The weather delays and anticipated weather language I sent you thins morning or something like that needs to be included. Most of our subs plan on working Saturday and or Sunday to get the work done. To not allow rain days if they fall on the weekend would be to defeat the purpose. Also we are told getting a rain day out of HCS with their current language tales a supreme courtjudge, seriously! We don't want to have to hire a scheduling expert.and a lawyer every time it rains. The language needs to be simple , if it rains more than 2 days per month we get the extra days. As I see it were are saving HCS a lot of embarrassment by making this concession. They unnecessarily delayed the procurement process not us. I would rather not recount the delays because it would be unproductive at this point. We are taking risk here. What if we have a dry year? Regardless of the time extensions they should know we will do everything in our power to finish these jobs when they need them. We would not be able to withstand the political pressure of kids not have a school to attend even if we contractually had the time. Exhibit A • A.1.5.1.3-exhibit f that you sent us from HCS says if we submit application for payment by the 25`d we get paid by the 15`h of the following month. The last blank is (30) days according to exhibit F • A.2.2 May 15t goes here I think • A.3.1.6- We need something like this, again, we don't need to argue about if our proposal complies with the conceptual design or any other project requirement. They accepted our proposal. ----The design builders proposal clarifies the design builders assumptions and clarifications. • A.3.1.7-'The design builders proposal has been determined by the owner to be an acceptable interpretation of the RFP and the project requirements. From: Keith R. Powell [mailto:kpowellCa~childs-halligan.net] Sent: Saturday, November 21, 2015 4:14 PM To: Robbie Ferris Subject: CORRECTED E: RF revisions to checked draft 11_20_2015 Importance: High z PAPR - 003175 Forget prior. Here they are. Remote computer not as simple as being there. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. From: Keith R. Powell Sent: Saturday, November 21, 2015 4:13 PM To: 'Robbie Ferris' Subject: RE: RF revisions to checked draft 11_20_2015 How are these? Will make changes for MB and SMS issues. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halli~an.com (803)254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosabie and protected byattorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. From: Robbie Ferris jmailto:RFerris@sfla.bizl Sent: Saturday, November 21, 2015 1:17 PM To: Keith R. Powell Subject: Fwd: RF revisions to checked draft 11_20_2015 Keith please see below, there are a few tweaks to what we sent you last night. It should simplify things a little and take some of the?'s that could arise later out Sent from my iPhone Begin forwarded message: From: Aaron Thomas Date: November 21, 2015 at 1:15:16 PM EST To: "Robert W. Ferris" Subject: FW: RF revisions to checked draft 11_20_2015 Robbie- I just read this again and realized we had made a mistake that could cause confusion. The attached revision made 2 minor changes to what we sent last night: 3 PAPR - 003176 1. On weather delays I deleted the reference to the 10 year NOAA average being a baseline we would compare to. I did this because if we are already using 2 days per month as the baseline far adverse weather all we need NOAA for is to substantiate the days over 2 so it is not subjective in nature with the staff. Example If we have 5 days of rain in December 2015 that is over .10" then we would turn in the NOAA report for the project loca{e showing we had the 5 days over .10 and we would get an extension via change order for 3. <(5) days over .10" — (2) days expected in contract = (3) days extension> 2. I also added ACT OF GOD Language to the 8.2.1. We talked about it but forgot to add it. Must have been tired. Call me if you have any questions. I'm at the office. Warm Regards, Aaron Thomas, MCM, LEED-AP ~ President Metcon, Inc. ~ 763 Comtech Drive ~ PO Box 1149 (Pembroke, NC 28372 office 910.521.8013 ~ mobile 910.734.0537 ~ email:athomasC~metconus,com website ~ linkedin I twitter I instagram 4 PAPR - 003177 Sheri L. Wainscott From: Sent: To: Subject: Robbie Ferris Sunday, November 22, 2015 324 PM Keith R. Powell Horry County Schools-contracts Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Keith, am sorry but the bonding company just sent me these two items: They promised they have no other comments... o In the A1A 312 Performance Bond, please remove section 16.2; and replace with: "In no event shall the surety be liable under this bond for any design services or design work furnished by the Principal, or its engineers, architects or consultants in connection with this contract." o In Exhibit B, and more specifically in in 8.2.2, please insert the following as was modified in the RFP: (they did not like what you had) "In no event shall the surety be liable under this bond for any design services or design work furnished by the Principal, or its engineers, architects or consultants in connection with this contract. Robert W. Ferris, AIA, REFP, LEED AP CEO/President SfL+a Architects 333 Fayetteville Street, Suite 225 Ratei~h, NC 27601 Cell: 919.610.2251 Fax: 919.573.6355 rferris~sfla. biz www.sfla.biz "I'd put my money on solar energy... I hope we don't have to wait till oil and coal run out before we tackle that." Thomas Edison, in conversation with Henry Ford and Harvey Firestone, March 1931. 1 PAPR - 003178 Sheri L. Wainscott From: Sent: To: Subject: Robbie Ferris Sunday, November 22, 2015 324 PM Keith R. Powell Horry County Schools-contracts Follow Up Flag: Fiag Status: Follow up Flagged Categories: Red Category Keith, am sorry but the bonding company just sent me these two items: They promised they have no other comments... o In the AIA 312 Performance Bond, please remove section 16.2; and replace with: "In no event shall the surety be liable under this bond for any design services or design work furnished by the Principal, or its engineers, architects or consultants in connection with this contract." o In Exhibit B, and more specifically in in 6.2.2, please insert the following as was modified in the RFP: (they did not like what you had) "In no event shall the surety be liable under this bond for any design services or design work furnished by the Principal, or its engineers, architects or consultants in connection with this contract. Robert W. Ferris, AIA, REFP, LEED AP CEO/President SfL+a Architects 333 Fayetteville Street, Suite 225 Raleigh, NC 27601 Celt: 919.610.2251 Far,: 919.573.6355 rferrisC~sfla.biz wwwsfla.biz "I'd put my money on solar energy... I hope we don't have to wait till oil and coal run out before we tackle that." Thomas Edison, in conversation with Henry Ford and Harvey Firestone, March 1931. i PAPR - 003179 Sheri L. Wainscott From: Sent: 70: Subject: Keith R. Powell Sunday, November 22, 2015 3:49 PM Robbie Ferris Re: CORRECTED E: RF revisions to checked draft 11_20_2015 Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category The board has to vote first at its meeting Monday night - he knows to not leave without signing Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halli~an.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disciosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. On Nov 22, 2015, at 1:44 PM, Robbie Ferris wrote: Sounds good, will you contact the board chair to meet us, he could meet us at 3:30, that will give me a few minutes to double check all the allowances and contract amounts... From: Keith R. Powell [mailto:kpowell(a~childs-halligan.net] Sent: Sunday, November 22, 2015 1:30 PM To: Robbie Ferris Subject: Re: CORRECTED E: RF revisions to checked draft il_20_2Q15 How about 3. I will need to make and print the 5 sets then drive to Conway Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halliean.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. On Nov 22, 2015, at 1:28 PM, Robbie Ferris wrote: i PAPR - 003180 Ichilds-halligan.netl Sent: Saturday, November 21, 2015 4:14 PM To: Robbie Ferris Subject: CORRECTED E: RF revisions to checked draft il_ZO_2015 Importance: High Forget prior. Here they are. Remote computer not as simple as being there. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-haili~an.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, nondisclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. From: Keith R. Powell Sent: Saturday, November 21, 2015 4:13 PM To: 'Robbie Ferris' Subject: RE: RF revisions to checked draft 11_20_2015 How are these? Will mace changes for MB and SMS issues. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, nondisclosableand protected by attorney-client privilege. If you have received this e-mail in 3 PAPR - 003182 error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. From: Robbie Ferris jmailto:RFerrisC~sfla.bizl Sent: Saturday, November 21, 2015 1:17 PM To: Keith R. Powell Subject: Fwd: RF revisions to checked draft 11_20_2015 Keith please see below, there are a few tweaks to what we sent you last night. It should simplify things a little and take some of the?'s that could arise later out Sent from my iPhone Begin forwarded message: From: Aaron Thomas Date: November 21, 2015 at 1:15:16 PM EST To: "Robert W. Ferris" Subject: FW: RF revisions to checked draft 11_20_2015 Robbie- I just read this again and realized we had made a mistake that could cause confusion. The attached revision made 2 minor changes to what we sent last night: 1. On weather delays I deleted the reference to the 10 year NOAA average being a baseline we would compare to. I did this because if we are already using 2 days per month as the baseline for adverse weather all we need N~AA for is to substantiate the days over 2 so it is not subjective in nature with the staff. Example If we have 5 days of rain in December 2015 that is over .10" then we would turn in the NOAA report for the project locale showing we had the 5 days over .10 and we would get an extension via change order for 3. <(5) days over .10" — (2) days expected in contract = (3) days extension> 2. I also added ACT OF GOD Language to the 8.2.1. We talked about it but forgot to add it. Must have been tired. Calt me if you have any questions. I'm at the office. Warm Regards, Aaron Thomas, MCM, LEED-AP ~ President Metcon, Inc. ~ 763 Comtech Drive ~ PO Box 1149 ~ Pembroke, NC 28372 office 910.521.SQ13 ~ mobile 910.734.0537 email:Athomas@metconus.com website I (inkedin ~ twitter ~ instagram 4 PAPR - 003183 Sheri L. Wainscatt From: Sent: To: Cc: Subject: Attachments: Keith R. Powell Sunday, November 22, 2015 3:56 PM Robbie Ferris Wiliam F. Halligan Re: Horry County Schools-contracts image002.png Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category We will have to see about that with the district. This is a significant change from what was published in the RFP and committed to in your comments. We issued an addendum on this because others did express concern and HCS arrived at a compromise that the bond would only be excess to the professional liability policies. In a design-build the HCS has one entity counterparty for design and build and wants both performed with security. Keith R. Powell Childs &Halligan, P:A. Columbia, South Carolina www.childs-halli~an.com (803)254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. On Nov 22, 2015, at 3:24 PM, Robbie Ferris wrote: Keith, am sorry but the bonding companyjust sent me these two items: They promised they have no other comments... o In the AIA 312 Performance Bond, please remove section 16.2; and replace with: "In no event shall the surety be liable under this bond for any design services or design work furnished by the Principal, or its engineers, architects or consultants in connection with this contract." o In Exhibit B, and more specifically in in B.2.2, please insert the following as was modified in the RFP: (they did not like what you had) "In no event shall the surety be liable under this bond for any design services or design work furnished by the Principal, or its engineers, architects or consultants in connection with this contract. i PAPR - 003184 Robert W. Ferris, AIA, REFP, LEED AP CEO/President SfLia Architects 333 Fayetteville 5treel, Suite 225 Raleigh, NC 27601 Cetl: 919.610.2251 Fax: 919.573,6355 rferrisC~sfla. biz www.sfla. biz "I'd put my money on solar energy... I hope we don't have to wait till oil and coal run out before we tackle that." Thomas Edison, in conversation with Henry Ford and Harvey Firestone, March 1931. PAPR - 003185 Sheri L. Wainscott From: Sent: Ta: Cc: Subject: Robbie Ferris Sunday, November 22, 2015 4:01 PM Keith R. Powell William F. Halligan RE: Hurry County Schools-contracts Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category actually did not see this as different than what was already in exhibit B. I am not a lawyer or an insurance guy and am likely missing something. I have sent your comment to the bonding company, lets see what they say. From: Keith R. Powell [mailto:kpowell@childs-halligan.net] Sent: Sunday, November 22, 2015 3:56 PM To: Robbie Ferris Cc: William F. Halligan Subject: Re: Hurry County Schools-contracts We will have to see about that with the district. This is a significant change from what was published in the RFP and committed to in your comments. We issued an addendum on this because others did express concern and HCS arrived at a compromise that the bond would only be excess to the professional liability policies. In a design-build the HCS has one entity counterparty for design and build and wants both performed with security. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halli~an.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error; please notify us by telephone as listed above immediately. On Nov 22, 2015, at 3:24 PM, Robbie Ferris wrote: Keith, am sorry but the bonding company just sent me these two items: They promised they have no other comments... o In the AIA 312 Performance Bond, please remove section 16.2; and replace with: "In no event shall the surety be liable under this bond for any design services or design work furnished by the Principal, or its engineers, architects or consultants in connection with this contract." i PAPR - 003186 o In Exhibit B, and more specifically in in 6.2.2, please insert the following as was modified in the RFP: (they did not like what you had) "In no event shall the surety be liable under this bond for any design services or design work furnished by the Principal, or its engineers, architects or consultants in connection with this contract. Robert W. Ferris, AIA, REFP, LEED AP CEO/President SfL+a Architects 333 Fayetteville Street, Suite 225 Raleigh, NC 27G01 Cell: 919.610.27.51 Fax: 919.573.6355 rferrisC~sfla. biz www cflahi~ "I'd put my money on solar energy... I hope we don't have to wait till oil and coat run out before we tackle that." Thomas Edison, in conversation with Henry Ford and Harvey Firestone, March 1931. PAPR - 003187 Sheri L. Wainscott From: Robbie Ferris Sent: To: Subject: Sunday, November 22, 2015 4:02 PM Keith R. Powell RE: CORRECTED E: RF revisions to checked draft 11_20_2015 Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category OI<, if possible, lets still meet at 3 so I can double check all amounts... From: Keith R. Powell [maiito:kpowell@childs-halligan.net] Sent: Sunday, November 22, 2015 3:49 PM To: Robbie Ferris Subject: Re: CORRECTED E: RF revisions to checked draft 11_20_2015 The board has to vote first at its meeting Monday night - he knows to not leave without signing Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halli~an.com (803)254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. On Nov 22, 2015, at 1:44 PM, Robbie Ferris wrote: Sounds good, will you contact the board chair to meet us, he could meet us at 3:30, that will give me a few minutes to double check all the allowances and contract amounts... From: Keith R. Powell [mailto:k~owellCa~childs-halligan.net] Sent: Sunday, November 22, 2015 1:30 PM To: Robbie Ferris Subject: Re: CORRECTED E: RF revisions to checked draft 11_20_2015 How about 3. I will need to make and print the 5 sets then drive to Conway Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halli~an.com (803)254-4035 1 PAPR - 003188 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. On Nov 22, 2015, at 1:28 PM, Robbie Ferris wrote: Keith These look great... am presenting at 4:00, would you like to meet before that to sign contracts. We could meet at 2:3Q or 3:00 if you like... Robbie From: Keith R. Powell [mailto;kpowell@childs-halligan.net] Sent: Sunday, November 22, 2015 12;17 PM To: Robbie Ferris Subject: RE: CORRECTED E: RF revisions to checked draft 11_20_2015 Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halli~an.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, nondisclosableand protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. From: Robbie Ferris [mailto:RFerrisCa)sfla,bizl Sent: Saturday, November 21, 2015 7:10 PM To: Keith R. Powell Cc: Aaron Thomas (athomasCc~metconus.com); Michael Richter Subject: RE: CORRECTED E: RF revisions to checked draft 11_20_2015 Keith, When you make these changes I need to send the final to the bonding company for their approval. Here are my comments. just happened to find one item A.3.1.6 and A.3.1.7 that I thought were had agreed upon that was changed. If there are other substantial things that you changed please let me know where they are. Main Document The weather delays and anticipated weather language I sent you thins morning or something like that needs to be included. Most of our subs plan on working Saturday and or Sunday to get the work done. To not allow rain days if they fall on the weekend would be to defeat the purpose. Also we are told getting a rain day out of HCS with their current language takes a supreme court judge, PAPR - 003189 seriously! We don't want to have to hire a scheduling expert and a lawyer every time it rains. The language needs to be simple , if it rains more than 2 days per month we get the extra days. As I see it were are saving HCS a lot of embarrassment by making this concession. They unnecessarily delayed the procurement process not us. I would rather not recount the delays because it would be unproductive at this point. We are taking risk here. What if we have a dry year? Regardless of the time extensions they should Know we will do everything in our power to finish these jobs when they need them. We would not be able to withstand the political pressure of kids not have a school to attend even if we contractually had the time. Exhibit A • A:1.5.1.3-exhibit f that you sent us from NCS says if we submit application for payment by the 25rd we get paid by the 15th of the following month. The last blank is (30) days according to exhibit F • A.2.2 May 15t goes here I think • A.3.1.6- We need something like this, again, we don't need to argue about if our proposal complies with the conceptual design or any other project requirement. They accepted our proposal. ----The design builders proposal clarifies the design builders assumptions and clarifications. • A.3.1.7- The design builders proposal has been determined by the owner to be an acceptable interpretation of the RFP and the project requirements. From: Keith R. Powell [mailto:kpowellCa~chiids-halligan.netl Sent: Saturday, November 21, 2015 4:14 PM To: Robbie Ferris Subject: CORRECTED E: RF revisions to checked draft 11_20_2015 Importance: High Forget prior. Here they are. Remote computer not as simple as being there. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (8Q3)254-40.35 NOTICE: This e-mail may contain information that is personal and confidential, nondisclosableand protected byattorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. From: Keith R. Powell Sent: Saturday, November 21, 2015 4:13 PM To: 'Robbie Ferris' Subject: RE: RF revisions to checked draft 11_20_2015 How are these? Will male changes for MB and SMS issues. Keith R. Powell 3 PAPR - 003190 Childs &Halligan, P.A. Columbia, South Carolina www.childs-halliQan.com (803) 254-4035 NOTICE; This e-mail may contain information that is personal and confidential, nondisciosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. From: Robbie Ferris [mailto:RFerrisCc~sfla.bizl Sent: Saturday, November 21, 2015 1:17 PM To: Keith R. Powell Subject: Fwd: RF revisions to checked draft 11_20_2015 Keith please see below, there are a few tweaks to what we sent you last night. It should simplify things a little and take some of the?'s that could arise later out Sent from my iPhone Begin forwarded message: From: Aaron Thomas Date: November 21, 2015 at 1:15:16 PM EST To: "Robert W. Ferris" Subject: FW: RF revisions to checked draft 11_20_2015 Robbie- I just read this again and realized we had made a mistake that could cause confusion. The attached revision made 2 minor changes to what we sent last night: 1. On weather delays I deleted the reference to the 10 year NOAA average being a baseline we would compare to. I did this because if we are already using 2 days per month as the baseline for adverse weather all we need NOAA for is to substantiate the days over 2 so it is not subjective in nature with the staff. Example If we have 5 days of rain in December 2015 that is over .10" then we would turn in the NOAA report for the project locale showing we had the 5 days over .10 and we would get an extension via change order for 3, <(S) days over .10" — (2) days expected in contract = (3) days extension> 2. I also added ACT OF GOD Language to the 8.2.1. We tali wrote: OI<, if possible, lets still meet at 3 so I can double check all amounts... From: Keith R. Powell [mailto:kpowellCa~childs-halligan.net] Sent: Sunday, November Z2, 2015 3.49 PM To: Robbie Ferris Subject: Re: CORRECTED E: RF revisions to checked draft 11_20_2015 The board has to vote first at its meeting Monday night - he knows to not leave without signing Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halli~an.com (803254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. On Nov 22, 2015, at 1:44 PM, Robbie Ferris wrote: 1 PAPR - 003193 Sounds good, will you contact the board chair to meet us, he could meet us at 3:30, that will give me a few minutes to double check all the allowances and contract amounts... From: Keith R. Powell [mailto:kpowellCo~childs-halligan.net] Sent: Sunday, November 22, 2015 1:30 PM To: Robbie Ferris Subject: Re: CORRECTED E: RF revisions to checked draft 11_20_2015 How about 3. I will need to make and print the 5 sets then drive to Conway Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803)254-4035 NOTICE: This e-mail may contain information that is personal and confidential, nondisclosableand protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. On Nov 22, 2015, at 1:28 PM, Robbie Ferris wrote: Keith These look great... am presenting at 4:00, would you like to meet before that to sign contracts. We could meet at 2:30 or 3:00 if you like... Robbie From: Keith R. Powell [mailto:kpowellCa~childs-halli qannet] Sent: Sunday, November 22, 2015 12:17 PM To: Robbie Ferris Subject: RE: CORRECTED E: RF revisions to checked draft 11_20_2015 Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803)254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege, If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material, If you receive this message in error, please notify us by telephone as listed above immediately. 2 PAPR - 003194 From: Robbie Ferris [mailto:RFerrisCc~sfla.biz] Sent: Saturday, November 21, 2015 7:10 PM To: Keith R. Powell Cc: Aaron Thomas (athomas@metconus.com); Michael Richter Subject: RE: CORRECTED E: RF revisions to checked draft 11_20_Z015 Keith, When you male these changes I need to send the final to the bonding company for their approval. Nere are my comments. just happened to find one item A.3.1.6 and A.3.1.7 that I thought were had agreed upon that was changed. If there are other substantial things that you changed please let me know where they are. Main Document • The weather delays and anticipated weather language I sent you thins morning or something like that needs to be included. Most of our subs plan on working Saturday and or Sunday to get the work done. To not allow rain days if they fail on the weekend would be to defeat the purpose. Also we are told getting a rain day out of HCS with their current language takes a supreme court judge, seriously! We don't want to have to hire a scheduling expert and a lawyer every time it rains. The language needs to be simple , if it rains more than 2 days per month we get the extra days. As I see it were are saving HCS a lot of embarrassment by making this concession. They unnecessarily delayed the procurement process not us. I would rather not recount the delays because it would be unproductive at this point. We are taking risk here. What if we have a dry year? Regardless of the time extensions they should know we will do everything in our power to finish these jobs when they need them. We would not be able to withstand the political pressure of kids not have a school to attend even if we contractually had the time. [xhibit A • A.1.5.1.3-exhibit f that you sent us from HCS says if we submit application for payment by the 25~d we get paid by the 15th of the following month. The last blank is (30) days according to exhibit F • A.2.2 May 15t goes here I think • A.3.1.6- We need something like this, again, we don't need to argue about if our proposal complies with the conceptual design or any other project requirement. They accepted our proposal. - • The design builders proposal clarifies the design builders assumptions and clarifications. A.3.1.7-The design builders proposal has been determined by the owner to be an acceptable interpretation of the RFP and the project requirements. From: Keith R. Powell [mailto:kpowellCc~childs-halligan,netl Sent: Saturday, November 21, 2015 4:14 PM To; Robbie Ferris 3 PAPR - 003195 Subject: CORRECTED E: RF revisions to checked draft 11_20_2015 Importance: High Forget prior. Here they are. Remote computer not as simple as being there, Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halli~an.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. if you receive this message in error, please notify us by telephone as listed above immediately. From: Keith R. Powell Sent: Saturday, November 21, 2015 4:13 PM To: 'Robbie Ferris' Subject: RE: RF revisions to checked draft 11_20_2015 How are these? Will make changes for MB and SMS issues. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halli~an.com (803 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. From: Robbie Ferris Lmailto:RFerris@sfla.bizl Sent: Saturday, November 21, 2015 1:17 PM To: Keith R. Powell Subject: Fwd: RF revisions to checked draft 11_20_2015 Keith please see below, there are a few tweaks to what we sent you last night. It should simplify things a little and take some of the?'s that could arise later out Sent from my iPhone Begin forwarded message: 4 PAPR - 003196 From: Aaron Thomas Date: November 21, 2015 at 1:15:16 PM EST To: "Robert W. Ferris" Subject: FW: RF recisions to checked draft 7.1_20_2015 Robbie- I just read this again and realized we had made a mistake that could cause confusion. The attached revision made 2 minor changes to what we sent last night: 1. On weather delays I deleted the reference to the 10 year NOAA average being a baseline we would compare to. I did this because if we are already using 2 days per month as the baseline for adverse weather all we need NOAH for is to substantiate the days over 2 so it is not subjective in nature with the staff. Example If we have 5 days of rain in December 2015 that is over .10" then we would turn in the NOAA report for the project locale showing we had the 5 days over .10 and we would get an extension via change order for 3, <(5) days over .10" — (2) days expected in contract = (3) days extension> 2. I also added ACT OF GOD Language to the 82.1. We talked about it but forgot to add it, Must have been tired. Call me if you have any questions. I'm at the office. Warm Regards, Apron Thomas, MCM, LEED-AP ~ President Metcon, Inc. ~ 763 Comtech Drive ~ PO Box 1149 (Pembroke, NC 28372 office 910.521.8013 ~ mobile 910.734.0537 email:athomas@metconus.com website ~ linkedin ~ twitter ~ instacLram 5 PAPR - 003197 Sheri L. Wainscott From: Sent: To: Cc: Subject: Keith R. Powell Sunday, November 22, 2015 4:12 PM Robbie Ferris William F. Halligan Re: Horry County Schools-contracts Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category FYI It's not extra liability insurance- the bond is there to ensure that the surety will pay for somebody whose design will meet the SC standard of care if the DB fails to do so. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halliean.com (803)254-4035 NOTICE: This e-mai! may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. On Nov 22, 2015, at 4:01 PM, Robbie Ferris wrote: actually did not see this as different than what was already in exhibit B. I am not a lawyer or an insurance guy and am likely missing something. I have sent your comment to the bonding company, lets see what they say. From: Keith R. Powell [mailto:kpowellCa~childs-hailigan.net] Sent: Sunday, November 22, 2015 3:56 PM To: Robbie Ferris Cc: William F. Halligan Subject: Re: Horry County Schools-contracts We will have to see about that with the district. This is a significant change from what was published in the RFP and committed to in your comments. We issued an addendum on this because others did express concern and HCS arrived at a compromise that the bond would only be excess to the professional liability policies. In a design-build the HCS has one entity counterparty for design and build and wants both performed with security. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halliaan.com (803)254-4035 1 PAPR - 003198 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. On Nov 22, 2015, at 3:24 PM, Robbie Ferris wrote: Keith, am sorry but the bonding company just sent me these two items: They promised they have no other comments... o In the AIA 312 Performance Bond, please remove section 16.2; and replace with: "In no event shall the surety be liable under this bond for any design services or design work furnished by the Principal, or its engineers, architects or consultants in connection with this contract." o In Exhibit B, and more specifically in in 6.2.2, please insert the following as was modified in the RFP: (they did not like what you had} "fn no event shall the surety be liable under this bond for any design services or design work furnished by the Principal, or its engineers, architects or consultants in connection with this contract. Robert W. Ferris, AIA, REFP, LEED AP CEO/President SfL+a Architects 333 Fayetteville Street, Suite 225 Raleigh, NC 27601 Cell: 919.b1D.2251 Fax; 919.573.6355 rferrisC~sfla.biz www.sfta.biz "I'd put my money on solar energy... I hope we don't have to wait till oil and coal run out before we tackle that." Thomas Edison, in conversation with Henry Ford and Harvey Firestone, March 1931. PAPR - 003199 Sheri L. Wainscott From: Sent: To: Cc: Subject: Robbie Ferris Sunday, November 22, 2015 4:14 PM Keith R. Powell William F. Halligan RE: Horry County Schools-contracts Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category am arguing that point as I type this. From: Keith R. Powell [mailto:kpowell@childs-hailigan.net] Sent: Sunday, November 22, 2015 4:12 PM To: Robbie Ferris Cc: William F. Halligan Subject: Re: Horry County Schools-contracts FYI It's not extra liability insurance- the bond is there to ensure that the surety will pay for somebody whose design will meet the SC standard of care if the DB fails to do so. Keith R. Powell Childs &Halligan, P,A. Columbia, South Carolina www.childs-halli~an.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. On Nov 22, 2015, at 4:01 PM, Robbie Ferris wrote: actually did not see this as different than what was already in exhibit B. I am not a lawyer or an insurance guy and am likely missing something. I have sent your comment to the bonding company, lets see what they say. From: Keith R. Powell [mailto:kpowell(c~childs-halligan.net] Sent: Sunday, November 22, 2015 3:56 PM To: Robbie Ferris Cc: William F. Halligan Subject: Re: Horny County Schools-contracts We will have to see about that with the district. This is a significant change from what was published in the RFP and committed to in your comments. We issued an addendum on this because others did express concern and HCS arrived at a compromise that the bond would only be excess to the 1 PAPR - 003200 professional liability policies. In a design-build the HCS has one entity counterparty for design and build and wants both performed with security. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halli~an.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected byattorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. On Nov 22, 2015, at 3:24 PM, Robbie Ferris wrote: Keith, am sorry but the bonding company just sent me these two items: They promised they have na other comments... o In the AIA 312 Performance Bond, please remove section 16.2; and replace with: "In no event shall the surety be liable under this bond for any design services or design work furnished by the Principal, or its engineers, architects or consultants in connection with this contract." o In Exhibit B, and more specifically in in 8.2,2, please insert the following as was modified in the RFP: (they did not like what you had) "In no event shall the surety be liable under this bond for any design services or design work furnished by the Principal, or its engineers, architects or consultants in connection with this contract. Robert W. Ferris, AIA, REFP, LEED AP CEO/President SfL+a Architects 333 Fayetteville Street, Suite 225 Raleigh, NC 27bD1 CeIL• 914.610.2251 Fax: 914.573.6355 rferrisC~sfla.biz www.sfla.biz "I'd put my money on solar energy... I hope we don't have to wait till oil and coal run out before we tackle that." Thomas Edison, in conversation with Henry Ford and Harvey Firestone, March 1931. PAPR - 003201 Sheri L. Wainscot# From: Sent: To: Cc: Subject: Keith R. Powell Sunday, November 22, 2015 4:17 PM Robbie Ferris William F. Halligan Re: Horry County Schools-contracts Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category And On the payment bond it is to ensure that designers get paid so the district does not have to worry about that. VWR have seen this as an issue with civil engineering services around post occupancy storm water systems covenants to DHEC, for example. SC law allows design professionals payment bond protection so I want the payment bond to mirror the statute and not have HCS drawn into a disputed engineer payment - legally or politically. Keith R. Powell Childs &Halligan, P.A._ Columbia, South Carolina www.childs-halli~an.com (803)254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. On Nov 22, 2015, at 4:12 PM, Keith R. Powell wrote: FYI It's not extra liability insurance- the bond is there to ensure that the surety will pay for somebody whose design will meet the SC standard of care if the DB fails to do so. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www:childs-halli~an.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. On Nov 22, 2015, at 4:01 PM, Robbie Ferris wrote: 1 PAPR - 003202 actually did not see this as different than what was already in exhibit B. I am not a lawyer or an insurance guy and am likely missing something. I have sent your comment to the bonding company, lets see what they say. From: Keith R. Powell [mailto:kpowell(a~childs-halligan.net] Sent: Sunday, November 22, 2015 3:56 PM To: Robbie Ferris Cc: William F. Halligan Subject: Re: Horry County Schools-contracts We will have to see about that with the district. This is a significant change from what was published in the RFP and committed to in your comments. We issued an addendum on this because others did express concern and HCS arrived at a compromise that the bond would only be excess to the professional liability policies. In a design-build the HCS has one entity counterparty for design and build and wants both performed with security. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.chiids-halli~an.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, nondisclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. On Nov 2Z, 2015, at 3:24 PM, Robbie Ferris wrote: Keith, am sorry but the bonding company just sent me these two items: They promised they have no other comments... o In the AIA 312 Performance Band, please remove section 16.2; and replace with: "In no event shall the surety be liable under this bond for any design services or design work furnished by the Principal, or its engineers, architects or consultants in connection with this contract." o In Exhibit B, and more specifically in in 6.2,2, please insert the following as was modified in the RFP: (they did not like what you had) "In no event shall the surety be liable under this bond for any design services or design work furnished by the Principal, or its engineers, 2 PAPR - 003203 architects or consultants in connection with this contract. Robert W. Ferris, AIA, REFP, LEED AP CEOlPresident SfLi-a Architects 333 Fayetteville Street, Suite 225 Raleigh, NC 276Q1 Cell: 419.610.2251 Fax: 919.573.6355 rferrisC~sfla.biz www,sfla. biz "I'd put my money on solar energy... i hope we don't have to wait till oil and coal run out before we tackle that." Thomas Edison, in conversation with Henry Ford and Harvey Firestone, March 1931. PAPR - 003204 Sheri L. Wainscott From: Sent: To: Cc: Subject: Robbie Ferris Sunday, November 22, 2015 4:59 PM Keith R. Powell William F. Halligan RE: Horry County Schools-contracts Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Keith, The bonding agent agrees that your language should suffice. He is trying to rally the lawyers. I think you want the same thing they want but they are stuck on their words. i don't quite get that. think this will get resolved no later than first thing in the morning..., The agent says he thinks he can help them thru the language. Your last two notes about your concerns were very, very helpful. Robbie From: Keith R. Powell [mailto:kpowell@childs-halligan.net] Sent: Sunday, November 22, 2015 4:17 PM To: Robbie Ferris Cc: William F. Halligan Subject: Re: Horry County Schools-contracts And On the payment bond it is to ensure that designers get paid so the district does not have to worry about that. VWR have seen this as an issue with civil engineering services around post occupancy storm water systems covenants to DHEC, for example. SC law allows design professionals payment bond protection so I want the payment bond to mirror the statute and not have HCS drawn into a disputed engineer payment - legally or politically, Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halli~an.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. On Nov 22, 2015, at 4:12 PM, Keith R. Powell wrote: FYI It's not extra liability insurance- the bond is there to ensure that the surety will pay for somebody whose design will meet the SC standard of care if the DB fails to do so. Keith R. Powell Childs &Halligan, P.A. 1 PAPR - 003205 Columbia, South Carolina www.childs-halli~an.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidentiai, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. On Nov 22, 2015, at 4:01 PM, Robbie Ferris wrote: actually did not see this as different than what was already in exhibit B. I am not a lawyer or an insurance guy and am likely missing something. I have sent your comment to the bonding company, lets see what they say. From: Keith R. Powell [mailta:kpoweliCa~childs-halligan.net] Sent: Sunday, November 22, 2015 3;56 PM To: Robbie Ferris Cc: William F. Halligan Subject: Re: Horry County Schools-contracts We will have to see about that with the district. This is a significant change from what was published in the RFP and committed to in your comments. We issued an addendum on this because others did express concern and HCS arrived at a compromise that the bond would only be excess to the professional liability policies. In a design-build the HCS has one entity counterparty for design and build and wants both performed with security. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, nondisclosableand protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. On Nov 22, 2015, at 3:24 PM, Robbie Ferris wrote: Keith, am sorry but the bonding company just sent me these two items: They promised they have no other comments... o In the AIA 312 Performance Bond, please remove section 16.2; and replace with: "In no event shall the surety be liable under this bond for any design services or design work z PAPR - 003206 furnished by the Principal, or its engineers, architects or consultants in connection with this contract." o In Exhibit B, and more specifically in in B.2.2, please insert the following as was modified in the RFP: (they did not like what you had) "In no event shall the surety be liable under this bond for any design services or design work furnished by the Principal, or its engineers, architects or consultants in connection with this contract. Robert W. Ferris, AIA, REFP, LEED AP CEO/President SfL+a Architects 333 Fayetteville Street, Suite 225 kaleigh, NC 27601 Cell: 919.610.2251 Fax: 919.573.6355 rferrisC~sfla. biz www.sfla.biz "I'd put my money on solar energy... I hope we don't have to wait till oil and coal run out before we tackle that." Thomas Edison, in conversation with Henry Ford and Harvey Firestone, March 1931. 3 PAPR - 003207 Sheri L. Wainscott From: Sent: To: Subject: Robbie Ferris Sunday, November 22, 2015 5:05 PM Keith R. Powell FW: Horry County to FFEP Contract and Allowance Values Follow Up Flag: F(ag Status: Follow up Flagged Categories: Red Category I Sunday, November 22, 2015 6:23 PM Keith R. Powell FW: HCS -Revised Invoices Invoice_#1_~arolina Forest_2.docx; Invoice_#1_Mrytle Beach MS_2.docx; Invoice_#1 _Socastee ES_2.docx; Invoice_#1_Socastee MS_2.docx; Invoice_#1_St. James_2.docx; Wire Instructions for FFEP LLC HCS Team 11172015.docx Follow Up Flag: Flag Status: Fol(ow up Flagged Categories: Red Category Keith, These are the invoices I plan on submitting. Since the school folks are not talking to us until we get a contract can you tell me what we need to do to officially submit these? If they do wire transfers that is always best for us so we can pay people faster. We have included wire transfer instruction in case they are able to do wire transfers. Robbie From: Rick Green Sent: Sunday, November 22, 2015 6:14 PM To: Robbie Ferris Subject: HCS -Revised Invoices Here you go!!! I've also attached the wire instructions to move funds into the Firstfloor Energy Positive (HCS Team) account at BB&T. Richard A. Green Firstfloor Inc. 4400 Silas Creek Parkway, Ste. 200 Winston Salem, NC 27104 Office: (336) 794-2325 Fax: (336) 768-7666 rgreen(c~firstfloor.biz 1 PAPR - 003210 i Sheri L. Wainscott From: Sent: To: Subject: Attachments: Robbie Ferris Wednesday, November 04, 2015 9:03 AM Keith R. Powell Fwd: 1415-91 Notices of Intent to Award ATT00001.htm; 1415-91 NOI CFM.pdf; ATT00002.htm; 1415-91 NOI MBM.pdf; ATT00003.htm; 1415-91 NOI SES.pdf; ATT00004.htm; 1415-91 NOT SJI.pdf; ATT00005.htm; 1415-91 NOI SMS.pdf; ATT00006.htm Follow Up Flag: Ftag Status: Follow up Flagged Categories: Red Category Sent from my iPhone Begin forwarded message: From: Ara Heinz Date: November 3, 2015 at 5:14:12 PM EST To: Robbie Ferris , "rferris _ firstfloor.biz° Cc: Danielle Davis Subject: 1415-91 Notices of Intent to Award Mr. Ferris, Please find attached the Notices of Intent to Award from Horry County Schools for the Design-Build Delivery of New School Facilities projects (# 1415-91}. Barring any protests or issues with providing the information listed in the NOI, the official contract could be executed and go into effect on November 19, 2015. (The NCI's have also been uploaded to our website at http://apps.hcs.kl2.sc.us/apps/protrac/. ) am sure that either our attorneys or someone from the District will be in contact with you soon to discuss the next steps, but if you have any questions or concerns about documents, communications, procedures, etc., please do not hesitate to contact me. Thank you for participating in this solicitation! We look forward to working with you and your team on this project! Regards, r~I YGti Ara Heinz J Pracuremeiit Services ~ ~ P: 843/488-6930 Homy Courifiy Schools ~ 335 Four Mile Rd. ~ Conway, SC 29526 Website:Procurement.horrvcountvschools.net 1 PAPR - 003211 Sheri L. Wainscott From: Sent: To: Subject: Robbie Ferris Thursday, November 05, 2015 10:50 AM Keith R. Powell Horry Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Any chance we can get owner to sign early site packages so we can formally submit Sent from my iPhone 1 PAPR - 003212 Sheri L. Wainscott From: Sent: To: Subject: Keith R. Powell Friday, November 06, 2015 10:25 AM Robbie Ferris RE: Horry Follow Up Flag: Flag Status: Follow up Flagged Does not sound like they are interested. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorneyclient privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. -----Original Message----From: Robbie Ferris [mailto:RFerris(a7sfla,biz] Sent: Thursday, November 05, 2015 10:50 AM To: Keith R. Powell Subject: Horry Any chance we can get owner to sign early site packages so we can formally submit Sent from my iPhone PAPR - 003213 Sheri L. Wainscott From: Sent: To: Subject: Keith R. Powell Wednesday, November 11, 2015 10:54 AM Robbie Ferris RE: Hcs new schools early site packages Follow Up Flag: Flag Status: Follow up Flagged Sentiment is not to do anything unusual. You should build your schedules from the 19th I guess, or maybe the 20th if that is when you will have business license, insurance and bonds. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-hailigan.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorneyclient privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. ----Original Message----From: Robbie Ferris [mailto:RFerris(a~sfla.biz] Sent: Monday, November 09, 2015 5:18 PM To: Keith R. Powell; Ara Heinz Cc: Danielle Davis; Mike Wawrcyniak; Ryan Parker; JOHN H.RICHARDS Subject: Hcs new schools early site packages Keith/ Ara, We would very much like to submit the early site packages for agency approval as soon as possible. Every day gained on the front end of the project is a day gained at the back end of the project. Please consider our request to have the owner sign the early site package applications so we can submit them sooner than later. We fully understand that our submission of these early site packages would be done at risk. Thank you for your consideration of this request, Robbie Sent from my iPhone PAPR - 003214 Sheri L. Wainscott From: Sent: To: Subject: Robbie Ferris Wednesday, November 11, 2015 5:01 PM Keith R. Powell Firstfloor Follow Up Flag: Flag Status: Follow up Flagged Keith, Firstfloor energy positive has 3 member managers. This allows any of the 3 managers to sign for the company. will be the primary Richard Green and Eric Lindstrom are also member managers and can sign for the company. Apparently some smart lawyer suggested this so that documents could still be signed if someone goes on vacation etc...Vacations are not common occurrences with me so it will not likely bean issue. Robbie ~~~~~~ .4L4t1117 C1'. Robert W. Ferris, AIA, REFP, LEED AP CEO/President 333 Fayetteville Street, Suite 225 Raleigh, NG 27b01 Cell: 919.610.2251 Fax: 919.573.6355 rferrisC~sfla. biz www.sfla.biz 1 PAPR - 003215 Sheri L. Wainscott From: Sent: To: Subject: Robbie Ferris Wednesday, November 11, 2015 9:08 PM Keith R. Powell HCS contracts Follow Up Flag: Flag Status: Follow up Flagged Keith, might have been looking at the wrong document but it looks like you made a lot of changes to the contract issued in the RFP. Most of the changes are fine but here are a few thoughts. Our insurance carriers are still reviewing the contract and I will get you their comments, if any asap: • 1.1.3-The projects physical characteristics should refer back to the design builders proposal • 1.1.9- This should also reference the design builders proposal • 1.4.1-The design build proposal should be attached to make it a part of the design build documents • 2.1- I would prefer to leave this article in the contract. Our team members relied on this provision being in the contract when developing the proposal. • 2.1.4.1- With this project moving as fast as it is supposed to move, paying within 30 days is far more reasonable than 45 days. Is there a reason HCS can't pay within 45 days. We usually try to pay contractors within 7 days on projects that we own and it is serious motivator. When you pay fast you have lots of leverage with subs. • 2.1.4.1-Some interest should be paid on late payments. 1%per month is normal. Do they have problems with paying their bills on time? • 5.7.2- Line 5 and line 7 -can we change 14 days to 7 days —this job needs to move fast. • 5.14.3- Why would the owner not be responsible to the DB if the owners consultant damage the work. For opens. Why should example-the ~~~~nPr~ +o~ti^^~^~•• ~--`~-- -' the owne gut and release of • 6.3.7- Car retainage. iless I am missing • 7.2.3-Is th something • 9.7 —Give at MB middle. • 10..3- Accc Should we ~ use the • 12.3.2- I d~ pct responsible for constructic that problE act. We could • 13.2.4.3- U define why • A.3.1.6- De ner to comply The design with the re • A.4.1.and A.4.2 We will get you the info to fill in blanks asap. ~. + .~ ~~ t . . - c, 7-4 t 7 - t. i _ 1 PAPR - 003216 Robert W. Ferris, AIA, REFP, LEED AP CEO/PresidenC SfL+a Architects 333 Fayeltevitle SCreet, Suite 225 Raleigh, NC 276O1 Celt: 919.610.2251 Fax: 919.573.6355 rferrisC~sfla.biz www.sfla. biz "I'd put my money on solar energy... I hope we don't have to wait till oil and coal run out before we tackle that." Thomas Edison, in conversation with Henry Ford and Harvey Firestone, March 1931. 2 PAPR - 003217 Sheri L. Wainscott From: Sent: To: Subject: Keith R. Powell Thursday, November 12, 2015 10:12 AM Robbie Ferris RE: HCS contracts Follow Up Flag: Flag Status: Follow up Flagged Thanks. I ran it in "variance check" mode this time, so as I told your colleagues, it looks quite different from the earlier version but I didn't actually change all that much in the text. I think a lot of these were in the one published in the addendum, but that does not mean we cannot male reasonable adjustments. However I'll have to do more discussions with HCS about anything that changes from the original that is not just filling in blanks. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. From: Robbie Ferris [mailto:RFerrisCa~sfla.biz] Sent: Wednesday, November 11, 2015 9:08 PM To: Keith R. Powell Subject: HCS contracts ' Keith, might have been looking at the wrong document but it looks dike you made a lot of changes to the contract issued in the RFP. Most of the changes are fine but here are a few thoughts. Our insurance carriers are still reviewing the contract and I will get you their comments, if any asap: • 1.1.3-The projects physical characteristics should refer back to the design builders proposal • 1.1.9- This should also reference the design builders proposal • 1.4.1-The design build proposal should be attached to make it a part of the design build documents • 2.1- I would prefer to leave this article in the contract. Our team members relied on this provision being in the contract when developing the proposal. • 2.1.4.1- With this project moving as fast as it is supposed to move, paying within 30 days is far more reasonable than 45 days. Is there a reason HCS can't pay within 45 days. We usually try to pay contractors within 7 days on projects that we own and it is serious motivator. When you pay fast you have lots of leverage with subs. • 2.1.4.1-Some interest should be paid on late payments. 1%per month is normal. Do they have problems with paying their bills on time? • 5.7.2- Line.S and line 7 -can we change 14 days to 7 days —this job needs to move fast. • 5.14.3- Why would the owner not be responsible to the DB if the owners consultant damage the work. For example- the owners technology contractor destroys the ceilings the day before the building opens. Why should the owner not be responsible to the design builder in this case? • 6.3.7- Can we add language that clarifies that the post occupancy services will not delay closeout and release of retainage. 1 PAPR - 003218 • • • • • • • 7.2.3-Is there a reason that you deleted zoning variances? I doubt a variance is required but unless I am missing something the owner is responsible for getting variances if required. 9.7 —Given the speed of this project can we change this back to 7 days 10.3- According to the addendum I recall that the owner is responsible for removal of Haz Mat at MB middle. Should we acknowledge this in the contract so that everyone is clear about this? 12.32- f don't think it's reasonable for the owner to be able to terminate the contract and then use the construction documents and, further, if there is a problem make the Design Builder and Architect responsible for that problem. I would leave this "as is" in the original contract. 13.2.4.3- Why is it not fair for the DB to make a reasonable profit if the owner cancels the contract. We could define what reasonable is if you would be more comfortable. A.3.1.6- Design Builders assumptions and clarifications: The design builders proposal dated xxx is acceptable to the owner and is determined by the owner to comply with the requirements of the RFP. A.4.1.and A.4.2 We will get you the info to fill in blanks asap. Robert W. Ferris, AIA, REFP, LEED AP C[0/President SfL+a Architects 333 Fayetteville Street, Suite 22a Raleigh, IdC '17GU1 Cell: 919.610,2251 Fax: 419.573.6355 rferrisC~sfla.biz www.sfla.biz "I'd put my money on solar energy... I hope we don't have to wait till oil and coal run out before we tackle that." Thomas Edison, in conversation with Henry Ford and Harvey Firestone, March 1931. 2 PAPR - 003219 Sheri L. Wainscott From: Sent: To: Subject: Robbie Ferris Thursday, November 12, 2015 5:20 PM Keith R. Powell Horry county schools Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Keith This relates back to Our proposal taking precedent over the RFP. We had additional allowances in our proposal that were not outlined in the RFP. For example we had $200,000 for landscaping in our proposal. Sent from my iPhone 1 PAPR - 003220 Sheri L. Wainscott From: Sent: To: Subject: Attachments: Robbie Ferris Thursday, November 12, 2015 9:06 PM Keith R. Powell Re: HCS contracts image001.png Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Ok understand, I will go back and look at my rfp version again do think many of my comments would accrue to the benefit of the district As well as to us Robbie Sent from my iPhone On Nov 12, 2015, at 10:12 AM, Keith R. Powell wrote: Thanks. I ran it in "variance check" mode this time, so as I told your colleagues, it looks quite different from the earlier version but I didn't actually change all that much in the text. I think a lot of these were in the one published in the addendum, but that does not mean we cannot make reasonable adjustments. However I'll have to do more discussions with HCS about anything that changes from the original that is not just filling in blanks. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-maid in error. this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. From: Robbie Ferris [mailto:RFerris@sfla.biz] Sent: Wednesday, November 11, 2015 9:08 PM To: Keith R. Powell Subject: HCS contracts Keith, might have been looking at the wrong document but it looks like you made a lot of changes to the contract issued in the RFP. Most of the changes are fine but here are a few thoughts. Our insurance carriers are still reviewing the contract and I will get you their comments, if any asap: • 1.1.3-The projects physical characteristics should refer back to the design builders proposal • 1.1.9- This should also reference the design builders proposal • 1.4.1-The design build proposal should be attached to make it a part of the design build documents 1 PAPR - 003221 • • • • • • • • • • • • • 2.1- I would prefer to leave this article in the contract. Our team members relied on this provision being in the contract when developing the proposal. 2.1.4.1- With this project moving as fast as it is supposed to move, paying within 30 days is far more reasonable than 45 days. Is there a reason HCS can't pay within 45 days. We usually try to pay contractors within 7 days on projects that we own and it is serious motivator. When you pay fast you have lots of leverage with subs. 2.1.4.1-Some interest should be paid on late payments. 1% per month is normal. Do they have problems with paying their bills on time? 5.7.2- Line 5 and line 7 -can we change 14 days to 7 days —this job needs to move fast. 5.14.3- Why would the owner not be responsible to the DB if the owners consultant damage the work. For example- the owners technology contractor destroys the ceilings the day before the building opens. Why should the owner not be responsible to the design builder in this case? 6.3.7- Can we add language that clarifies that the post occupancy services will not delay closeout and release of retainage. 7.2.3-Is there a reason that you deleted zoning variances? I doubt a variance is required but unless I am missing something the owner is responsible for getting variances if required. 9.7 —Given the speed of this project can we change this back to 7 days 10.3- According to the addendum I recall that the owner is responsible for removal of Haz Mat at MB middle. Should we acknowledge this in the contract so that everyone is clear about this? 12.3.2- I don't think it's reasonable for the owner to be able to terminate the contract and then use the construction documents and, further, if there is a problem make the Design Builder and Architect responsible for that problem. I would leave this "as is" in the original contract. 13.2.4.3- Why is it not fair for the DB to make a reasonable profit if the owner cancels the contract. We could define what reasonable is if you would be more comfortable. A.3,1.6- Design Builders assumptions and clarifications: The design builders proposal dated xxx is acceptable to the owner and is determined by the owner to comply with the requirements of the RFP. A.4.1.and A.4.2 We will get you the info to fill in blanks asap. Robert W. Ferris, AIA, REFP, LEED AP CE01President SfL-~a Architects 333 Fayetteville Street, Suite 725 Raleigh, PRC 27601 Cell: 979.610.2251 Fax: 919,573.6355 rferrisC~sfla.biz www.sfla.biz "I'd put my money on solar energy... I hope we don't have to wait till oil and coal run out before we tackle that." Thomas Edison, in conversation with Henry Ford and Harvey Firestone, March 1931. PAPR - 003222 Sheri L. Wainscott From: Sent: To: Subject: Robbie Ferris Friday, November 13, 2015 12:15 PM Keith R. Powell Horry allowance Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Keith, recall the board approving funds to restore the owner contingency. I assume that contingency will be held outside of our contract, however if we want it inside of our contract for some reason we can do that but we would have to increase The contract amount by the amount of the owner contingency. I am fine with it either way. Robbie Sent from my iPhone 1 PAPR - 003223 Sheri L. Wainscott From: Sent: To: Subject: Robbie Ferris Friday, November 13, 2015 3:10 PM Keith R. Powell HCS contracts Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Keith, Would it make sense if you set up a meeting for next Thursday where we go to Horry and I and the owner sign contracts? am told, by subcontractors, that the normal procedure in Horry County is that if applications for payment are received by the 23`d you get paid by the 10`h. You might want to confirm that the 23`d is there magic date for applications for payment. Here is the info for the remaining blanks: A2.2- Keith these are the days for each project per the schedule in our proposal: Carolina Forest MS Myrtle Beach MS St James IS Socastee ES Socastee MS Article A.4: Carolina Forest Middle School: Superintendent: Mark Branch Project Manager: Charlie Rollins Assistant Superintendent: Gary Pipkin Myrtle Beach Middle School: Superintendent: Ed Bruce Project Manager: Rusty Woolard Assistant Superintendent: Ray Carrino St. James Intermediate: Superintendent: Randall Jernigan Project Manager: Steve Bond Assistant Superintendent: Rodney Nichols Socastee ES: Superintendent: Dale McCoy Project Manager: Mike Dickman Assistant Superintendent: David Isham 1 PAPR - 003224 Socastee Middle School: Superintendent: Phil Asslynn Project Manager: Mike Dickman Assistant Superintendent: Bob Green Article A.4.2 SfL+a Architects: Architect, Raleigh NC Metcon/TA Loving joint venture: General Contractor, Pembroke NC Article 3.1.5.1 Keith In addition to the allowances in the RFO, listed below, we have a landscaping allowance of $200,000 for each school except that we have 250,000 for myrtle beach middle school. Our overhead and profit is outside this number. This is the amount that we can issue to subcontractors for the actual work. If we don't spend all of this HCS will get it back. You can list this in the allowance section or the contingency section, I don't think it matters... CF MB SJ SM SE total not including the landscape allowance 1030.000 -Owner Furniture Allowance $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 1,250,000 $ 1,000,000 $ 250,000 1031.000 -Owner Hardware Allowance $ 350,000 $ 350,000 $ 350,000 $ 350,000 $ 650,000 $ 650,000 $ 500,000 1032.000 -Owner Controls Allowance $ 650,000 $ 650,000 $ 750,000 $ 750,000 $ 600,000 1033.000 -Owner Fire Alarm Allowance $ 750,000 $ 750,000 $ 350,000 $ 150,000 1034.000 -Owner Playground Equip. All $ 150,000 $ 150,000 $ 150,000 1035.000 -Owner Special Inspections All $ 150,000 $ 150,000 $ 125,000 $ 125,000 $ 100,000 $ 125,000 $ 125,000 1036.000 -Owner Commissioning Allo 1037.000 -Owner Technology Allowance $ 1,865,000 $ 1,865,000 $ 1,865,000 $ 1,645,000 $ 1,275,000 $ 5 ,390,000 $ 5 ,390,000 $ 5 ,540,000 $ 4 ,920,000 $ 4 ,225,000 $ 25,465,000 Robert W. Ferris, AIA, REFP, LEED AP CEO/President SfL+a Architects 333 Fayetteville Street, Suite 225 Raleigh, NC.27601 Cell: 919.610.2251 Fir.: 919.573.6355 rferrisC~sfla.biz www.sfla.biz "I'd put my money on solar energy... I hope we don't have to wait till oil and coal run out before we tackle that." Thomas Edison, in conversation with Henry Ford and Harvey Firestone, March 1931. PAPR - 003225 Sheri L. Wainscott From: Sent: To: Subject: Attachments: Keith R. Powell Friday, November 13, 2015 3:42 PM Robbie Ferris Re: HCS contracts image002.png Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Not a bad idea. I have morning booked up Thursday but could probably arrive mid afternoon. Working on the owner rep issue. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halli~an.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. Ifyou receive this message in error, please notify us by telephone as listed above immediately. On Nov 13, 2015, at 3:10 PM, Robbie Ferris wrote: Keith, Would it make sense if you set up a meeting for next Thursday where we go to Horry and I and the owner sign contracts? am told, by subcontractors, that the normal procedure in Horry County is that if applications for payment are received by the 23`d you get paid by the 10th. You might want to confirm that the 23`d is there magic date for applications for payment. Here is the info for the remaining blanks: A2.2- Keith these are the days for each project per the schedule in our proposal: Carolina Forest MS Myrtle Beach MS St James IS Socastee ES. Socastee MS Article A.4: Carolina Forest Middle School: Superintendent: Mark Branch 1 PAPR - 003226 Project Manager: Charlie Rollins Assistant Superintendent: Gary Pipkin Myrtle Beach Middle School: Superintendent: Ed Bruce Project Manager: Rusty Woolard Assistant Superintendent: Ray Carrino St. James Intermediate: Superintendent:' Randall Jernigan Project Manager: Steve Bond Assistant Superintendent: Rodney Nichols Socastee ES: Superintendent: Dale McCoy Project Manager: Mike Dickman Assistant Superintendent: David isham Socastee Middle School: Superintendent: Phil Asslynn Project Manager: Mike Dickman Assistant Superintendent: Bob Green Article A.4.2 SfL+a Architects: Architect, Raleigh NC Metcon/TA Loving joint venture: General Contractor, Pembroke NC Article 3.1.5.1 Keith In addition to the allowances in the RFO, listed below, we have a landscaping allowance of $200,000 for each school except that we have 250,000 for myrtle beach middle school, Our overhead and profit is outside this number. This is the amount that we can issue to subcontractors for the actual work. If we don't spend all of this HCS will get it back. You can list this in the allowance section or the contingency section, I don't think it matters... CF MB SJ SM SE to tal not including the landscape allowance 1030.000 -Owner Furniture Allowance $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 1,250,000 $ 1,000,000 $ 350,000 $ 350,000 $ 250,000 1031.000 -Owner Hardware Allowance $ 350,000 $ 350,000 $ 650,000 $ 650,000 $ 500,000 1032.000 -Owner Controls Allowance $ 650,000 $ 650,000 $ 750,000 $ 750,000 $ 600,000 1033.000 -Owner Fire Alarm Allowance $ 750,000 $ 750,000 $ 350,000 $ 150,000 1034.000 -Owner Playground Equip. All $ 150,000 $ 150,000 $ 150,000 1035.000 -Owner Special Inspections All $ 150,000 $ 150,000 $ 125,000 $ 125,000 $ 100,000 $ 125,000 $ 125,000 1036.000 -Owner Commissioning Allo 1037.000 -Owner Technology Allowance $ 1,865,000 $ 1,865,000 $ 1,865,000 $ 1,645,000 $ 1,275,000 $ 5 ,390,000 $ 5 ,390,000 $ 5 ,540,000 $ 4 ,920,000 $ 4 ,225,000 $ 25,465,000 Robert W. Ferris, AIA, REFP, LEED AP 2 PAPR - 003227 CEO/President SfL+i Architects 333 Fayetteville Street, Suite 225 Raleigh, I~lC 2760'1 Cell: 914.510.2251 fax: 919.573.6355 rferrisC~sfla.biz www.sfla. biz "I'd put my money on solar energy... I hope we don't have to wait till oil and coal run out before we tackle that." Thomas Edison, in conversation with Henry Ford and Harvey Firestone, March 1931. 3 PAPR - 003228 Sheri L. W~inscott From: Sent: To:. Subject: Robbie Ferris Friday, November 13, 2015 3:43 PM Keith R. Powell Re: HCS contracts Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Ok Let me know Sent from my iPhone On Nov 13, 2015, at 3:42 PM, Keith R. Powell wrote: Not a• bad idea. I have morning booked up Thursday but could probably arrive mid afternoon. Working on the owner rep issue. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halli~an.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. On Nov 13, 2015, at 3:10 PM, Robbie Ferris wrote: Keith, Would it make sense if you set up a meeting for next Thursday where we go to Horry and I and the owner sign contracts? am told, by subcontractors, that the normal procedure in Horry County is that if applications for payment are received by the 23`d you get paid by the 10th. You might want to confirm that the 23`d is there magic date for applications for payment. Here is the info for the remaining blanks: A2.2- Keith these are the days for each project per the schedule in our proposal: Carolina Forest MS Myrtle Beach MS St James IS 1 PAPR - 003229 Socastee ES Socastee MS Article A.4: Carolina Forest Middle School: Superintendent: Mark Branch Project Manager: Charlie Rollins Assistant Superintendent: Gary Pipkin Myrtle Beach Middle School: Superintendent: Ed Bruce Project Manager: Rusty Woolard Assistant Superintendent: Ray Carrino St. James Intermediate: Superintendent: Randall Jernigan Project Manager: Steve Bond Assistant Superintendent: Rodney Nichols Socastee ES: Superintendent: Dale McCoy Project Manager: Mike Dickman Assistant Superintendent: David Isham Socastee Middle School: Superintendent: Phil Asslynn Project Manager: Mike Dickman Assistant Superintendent: Bob Green Article A.4.2 SfL+a Architects: Architect, Raleigh NC Metcon/TA Loving joint venture: General Contractor, Pembroke NC Article 3.1.5.1 Keith In addition to the allowances in the RFO, listed below, we have a landscaping allowance of $200,000 for each school except that we have 250,000 for myrtle beach middle school. Our overhead and profit is outside this number. This is the amount that we can issue to subcontractors for the actual work. If we don't spend all of this HCS will get it back. You can list this in the allowance section or the contingency section, (don't think it matters... MB CF SE total not including the landscape allowance 1030.000 -Owner Furniture Allowance $ 1,500,000 $ 1,500,000 ,000,000 1031.000 -Owner Hardware Allowance $ 350,000 $ 350,000 250,000 $ 650,000 $ 650,000 1032.000 -Owner Controls Allowance 500,000 1033.000 -Owner Fire Alarm Allowance $ 750,000 $ 750,000 600,000 SJ SM $ 1,500,000 $ 1,250,000 $ 1 $ 350,000 $ 350,000 $ $ 650,000 $ 650,000 $ $ 750,000 $ 750,000 $ `a PAPR - 003230 _ ,. -:-,= 1034.000 -Owner Playground Equip. All $ $ 150,000 350,000 1035.000 -Owner Special Inspections All $ 150,000 $ 150,000 $ 150,Od0 $ 150,000 $ 150,000 $ 1036.000 -Owner Commissioning Allo $ 125,000 $ 125,000 $ 125,000 $ 125,000 100,000 1037.000 -Owner Technology Allowance $ 1,865,000 $ 1,865,000 $ 1,865,000 $ 1,645,000 $ 1 ,275,000 $ 5 ,390,000 $ 5 ,390,000 $ 5 ,54Q,000 $ 4,920,000 $ 4 ,225,000 $ 25,465,000 Robert W. Ferris, AIA, REFP, LEED AP CEO/President SfL+a Architects 333 Fayetteville Street, Suite 225 Raleigh, P!G 27b01 Cell: 919. b10.2251 Fax: 919.573.6355 rferrisC~sfla.biz www.sfla.biz "I'd put my money on solar energy... I hope we don't have to wait till oil and coal run out before we tackle that." Thomas Edison, in conversation with Henry Ford and Harvey Firestone, March 1931. 3 PAPR - 003231 Sheri L. Wainscott From: Sent: To: Subject: Attachments: Robbie Ferris Friday, November 13, 2015 4:57 PM Keith R. Powell FW: Horry County School Schedule VS Proposal HCS - 4 School Combo -Schedule 09.01.15.pdf; HCS - 5 School Combo - 11.11.15 REV# 1.pdf Follow Up Fiag: Flag Status: Follow up Flagged Categories: Red Category Keith, have included the email chain with our project manager so in case I don't fully describe the dates were proposing you will have the benefit of the schedule in his words. We propose reducing the total duration from 575 days to 566 days in exchange for a bit of grace in how we get there. In our individual schedules ,in our proposal, we made a mistake. We scheduled pilings on the wrong school so we corrected that mistake here. We propose you use the "revised" dates below for the contract. As far as Socastee MS goes my ideas are as follows: Option 1:547 days from a notice to proceed if pilings are not needed and 566 days if pilings are needed. Option 2; A schedule will be determined once a site is selected but it is expected that the schedule will approximate the schedule for Socastee Elementary School Robbie From: Ryan Parker [mailto;rparker@metconus.com] Sent: Wednesday, November 11, 2015 7:13 PM To: Robbie Ferris Cc: Aaron Thomas; Sam Isham; David Philyaw (dphilyaw@taloving.com); Mike Mitchell (mmitchell@taloving.com); mrichter@taloving.com; rlangston@taloving.com Subject: RE: Horry County School Schedule VS Proposal Robbie, We need to discuss this tomorrow in depth so that everyone is on the same page before you submit to anyone with Horry County or their council. • Notes o St. James and Carolina Forest had the pile activities switched which accounts for the difference in their duration o The proposal asked for a schedule for the 4 school combo. An assumption was made that land would be bought and mass grading drawings could be prepared close to or before the 10/5 start date. That didn't happen so the elementary school took the place of the middle school. • Myrtle Beach Middle School o Original 10/5 thru 4/3 - 546 o Revised 11/19 thru 5/19 - 547 St. James Intermediate School o Original 10/5 thru 3/10 - 522 i PAPR - 003232 o Revised 11/19 thru 6/2 - 561 • Carolina Forest Middle School o Original 10/5 thru 4/25 - 568 o Revised 11/19 thru 5/5 - 533 • Socastee Elementary o Original 10/5 thru 5/2 - 575 o Revised 11/19 thru 6/7 - 566 • Socastee Middle School o No land at time of original subcontract o Original 4 School combo schedule didn't include elementary. With Regards Ryan Parker ~ Senior Project Manager Metcon, Inc. ~ 763 Comtech Drive ~ PO Box 1149 ~ Pembroke, NC 28372 office 910.521.8013 (mobile 910.374,2766 ~ email:rparker@metconus.com website ~ linkedin ~ twitter ~ instaaram From: Robbie Ferris [mailto:RFerrisCa)sfla.biz] Sent: Wednesday, November li, 2015 4:24 PM To: Ryan Parker Cc: Aaron Thomas; Sam Isham; David Philyaw (dphilyaw(a~talovina.com); Mike Mitchell (mmitchell@talovinq.com); mrichter@taloving.com; rlangston@taloving.com Subject: RE: Horry County School Schedule VS Proposal Ryan, We need the days for each individual project since we have 5 contracts. This would be the days "From the Schedule submitted with the proposal" From: Ryan Parker [mailto:rparkerCa~metconus.com] Sent: Wednesday, November 11, 2015 2:03 PM To: Robbie Ferris Cc: Aaron Thomas; Sam Isham; David Philyaw (dphilyawC~taloving.com); Mike Mitchell (mmitchell@taloving.com); mrichterCa>talovinq.com; rlangstonCa~taloving.com Subject: Horry County School Schedule VS Proposal Robbie, In response to your question via text. "The contract states the numbeY of calendar daysfrom a notice to proceed as opposed to a stipulated day. Ryan please tell me the number of calendar days in our proposal that wasfrom the date we had shown them signing the grading application until we had shown theproject being complete. " • From the Schedule submitted with the proposal o Civil Mas Grading Drawings in for review October 5th 2015 o Final Completion of a114 projects 5/2/17 z PAPR - 003233 o Total Calendar Days — 575 From the Updated Schedule — (conference call at 3:00 PM with Civil Engineer and Southern Asphalt) o Civil Mass Gradign Drawings in for Review— 11/19/2015 o Final Completion for a114 projects — 6/7/2015 ■ This doesn't include Socastee Middle which we don't have a site for. It is handled differently based on assumptions of when we will be given the site. o Total Calendar Days — 566 Days With Regards Ryan Parker ~ Senior Project Manager Meteon, Inc. ~ 763 Comtech Drive ~ PO Box 1149 ~ Pembroke, NC 28372 office 910.521.8013 ~ mobile 910,374.2766 I email:rparker@metconus.com website ~ linkedin ~ twitter ~ instagram 3 PAPR - 003234 Classic Schedule Layout CS -Combo Four SUools Panned Start Duratbn Actively Name Activity ID ~ ~0.Sep~15 HCS-Combo Four Schools HCS -COM64 ....~_.______'_'.._. .._._..__'...._'___.___~.......__._... ._...._ _ .. 135 10-SeP~S HCS-COMB4.1 DesignlPermiting ' A7560 'CND -Mass Grading Drawings 20. 10.Sap-15 A1080 ;Owner Deagn Revkw ~ A1540 ' Prefminary agenry revis~n-OSF,DOT,SCDHEC, lonl A1590 ; Civ9-Mass Gnding Pocmk Review ' A7580 ;ArdideduraVMEP Oeafgn A1900 ; Me~hankal Pent House Design aM SD A1640 ~SUUQurol Deslyn A1800 :Mass Grad6g PermR Issued ~ 20~ OSOc415 35 OSOW15 30.0q-15 •1PNov-75 ~A17b0 'SWGurol Shop Drawings-SteeYPre~est A1780 Sl James lntermedmte-Spa CbarNg 30: tt-Oeo15 .22.kri-16 40~. 76Jan-76 ~ 71•Mar-76 Prewar Fxb 392' 0&Now13 .02-May-17 30'02-Now13 ~71•Deo-'I5~ 35 ~ 18~Nov-15 -01Jan-16 15 14Dw15 ~01Jan-t6 25~74Dea'IS ;15.kn-16 40 14Dea15 ~ OSFeb-16 ~ 25 ~ 04Jao-16 OSFeb-i6 ; 25' 0/-Jan-16 ~ OSFeb16 20, 04Jan-16 ' 2~,larf16 A1840 ;Myrtle Bestlf MidCk - SRe Clearing and Balding Patl i :"-'A1790 ~Sl James lntermed'mle-Bud~n9 Pad .._..y'-'-'—_ ~ -415'1&Jan•'IB ..~.- OSFea18 -. ' 1&Feb~16 j 20 2SJao-16 A18B0 ; Carofma Forest MklEk - Imtal POes 306'07.F~b16 `^03Apr'~7 A7850 Myrlle 0eadi Mkldb-Foundatiom through Compation A7820 , Sl James IMertnedhle - &ecl Steel Through Completbn A1890 I Caro~ma Forest Mkdb • Foundations to CompeCbn j A1920 : Soastae Mkdb- Foundatbns to ComP~tbn :~ 285' 0&Fab-18 317 0&Fa~76 ' 10-MaM7 ~ ZSApn77 310' 24-Fab'I6 02-Msy-17 Summary O CrMical Rvnanhg Work r1 O Actual Work • INkrtone D Remaining Wale ♦ Mar Apr May Jun Jul Aug Sep Nov OC 41i 1, 2017 Dec Jan Qlr 2, 2077 Feb Mar Apr dlr 3, 2017 ~Ir 4, 2017 May Jun Jul Aug Sep Oct Nov Dec 02-May-17„HCS~COM84 HCS-Combo F, our Scho 74-Mar=16,HGS-C~M84.~ DesignlPermiling; nlre Negd~labn ; ~ ' .... ..,.. . r Desgn:Revkw ProGjninaryjagenq reviewsOSF,DOT;SCDHEC, Weal CIvN- Maa Grading Pertnh Review ; CMIy Final ~raw'ujgs i a{1Exewtetl i i ..: -.. . lvchReCuraVMEP Desgn i ' i i t t ~ '~~~ c c ~ ~ i i ~ i M¢ anial Penl House Deslpn and SD SWQ ral DCsign: Maas , radNg Pertpit Issued ~ VucIUnl ParmClny ~ Ciod- Final Permit ~teview. .;.. ~ ; Iulechsniral Penthouse Peimilting ~deduraVMEP Permilin9 AlchdequraVBYddin9 Parm4lasuec( 0.14Mar-~B--' "'— ~ Feb Qlr 4, 2016 ~ C'rvQ-Mass Grating Drawings; 27-Now15 2&Jan-16 A1870 ~ :Caro~ma Forest Middle •Ste Remedlatbns A7760 ' Sleel Fab Jon dtr 3, 2016 r 2, 2016 1 0 . 23Nov~15 _ _ 2SDeo-15 Al B60 :CaroYna Foresl Middb-SAe hnber OparaOom ^~~ ~ A1l30 ' Myrtb Beaeh Mkltlk -Demo A1770 ~ 18-Oct45 40: 30-Nov-~5 HCS -COM84.2 Construction i ~ 10 OSOc415 _ __`20.7dNov-15 CM-FInal Permd Review A7B10 ~Mechaniral PenMouae Perm~dny A7870 ; AnfiAedu~aVMEP Petmiing '! A1680 ~.ArcfiAatlu2V8u0dti9 Pamlt lsaued-----~"' ~ Sep 01Sep~1513:3 Qtr 7, 2016 ProjeG Award 760d-15 15'28~Otl-15 i ' .02.OcF75 10.OSOd-15 ._'_._' ^~._. A7010 ;SVudural Parmtling A163D pug 02-May-17 ... ___'.....____ 14Mar-16 d0 05~OG15 27-Nov~15 0 '19.Oi7.15 65 ~ 1&04-15 ~'- "i 1SJaM6 11-Oeo-15 40 ~ 19.Oci•'15 A1820 'CFA -Final Drawings A7550 : CoMnd Emanetl ~ Qtr a, 2075 Oct Nov Dec 3, 2015 0 OSOa45' .-.-~_._..'--...-. ~.'--' -... A7060 :RojedAward A1070 CoMra4 Ne Miaen ~ ' Finish ~ 02-Nlay-'17., HCS%COMB42 Construftbn .~ '... . FiroFna ~oresl Middk-SASTanbej Operatbns; j Myrtle Beath Midtlk - D'emo tSlructurel Shop L7rawings-SteeVPrecasl St James lntermetllale-Sine Ckavinp ~ Carolina Forest M'Mdb:- S8a [temedialbna: i i ~ i ~ ~ ..Skel Fabj Pr2rrst F06 Myrtle Beath Middle- She Cbering a~ld 8vikling Pad St JameslnUrrtied'ote=8uild'pg Pad Caro9na Forest MHdle -Instal P1es t . . .- . ~ - .~..Myr1k Beads Miadk-Fpundeyona ltyough CompeMlon ~ " St:lame5lntemfed'ule - Ered SteN'fhrough Carhplelb~ :Carolina Forest Mkldle - Foundatbns fo CompeAbn; ~ ~ Socastee MKidle= Foun~iationd to Corr~pktbh Page 1 of 1 ASK filler. AlI Activities O PAmeve~a Systems, Ina PAPR - 003235 Classic Schedule Layout HCS -Combo Four Schools Activity Name Activity ID HCS - COMB4 HCS - COI'T1I~0 FOUL HCS - COM64.1 Design/Permiting Planned Actual Duration duration SCF100IS A1560 Civil Mass Grading Drawings ProjectAward ~ ~ ~~ ~ A1060 ~~ A1070^ Contract Negotiaion ~ ~ `~ Owner Design Review ~ A1080 A1540 ~ Preliminary agency reviews-OSF,DOT,SCDHEC, local .-~.~_,__— A1550 Contract Executed A1580 ~ 'Architectural/MEP Design A1590~: Civil -Mass Grading Permit Review i ~ A1620 Civil -Final Drawings ---- A1640 'Structural Design Mechanical Pent House Design and SD A1900 v A1010 ;Structural Permiting A1600~ Mass Grading Permit Issued A1910~i Mechanical Penthouse Permitting A1630 :Civil -Final Permit Review Architectural/MEP Permiting A1670 A1680 : Architectural/Building Permit Issued `^ l ~ HCS - COMB4.Z A1930 A1940 A1950 A1960 SOCBStE@ MICICII@ i Socastee Middle- Mass Grading Drawings ? Socastee Middle -Mass Grading Permit Review ~ Socastee Middle -Site Clearing ~ Socastee Middle- Site Prep to Building Pad ~~ HCS COM64.3 Constructions ~^ Activity % Start Complete Finish 430 24; 01-Sep-15A 23-Jun-17 ~~s: 2a.. o~-se~-~s 0% 19-Nov-15 23-Dec-15 35 ` 0 0%':, 24Dec-15 ~ 10-Feb-16 30 0% 14Jan-16 ! 24Feb-16 0; r------:--30; 0; 0%~ 25-Feb-16u' 06-Apr-16 ao7 o ~~~ o~-~eo-~s ! 23-Jun-17 0 --{ J- J J 23-.tun-17„ 14Apr-16 20 ~ 24 ~ 100°/a ~ 01-Sep-15 ' 29-Sep-1E 0 ~ 0 ~ ~ 0%~ 02-Nov-15" 13' 0~^~0% : 02-Nov-15 : 18-Nov-15 13' ~0 _ 0%~ 02-Nov-15 78-Nov-15 20. 0`: 0% ~ 19-Nov-15 ^ 16-Dec-15~ --. .. -I--_ 0. 0~ 0% ~ 19-Nov-15 0% 19-Nov-15 ~ 17-Feb-16^ 65 ~ 0' 35 ` 0% 19-Nov-15 06-Jan-16 0 Oi 0°/a19-Nov-15 ;17-Feb-16 65i 0%S 19-Nov-15 23-Dec-15 25~ 0~, 0°/a 19-Nov-15 :13-Jan-16 ~ 40 ~~ 0 ~ 20; ~ 0 ^i 0%~ 24Dec-15 20-Jan-16 0 ~ ~ 0% 07-Jan-16 0; 30' ~0%; 14Jan-16 ^24Feb-16 0~ 30 ~ 0~ 0~ 18-Feb-16 ~; 30.Mar-16 40 0; 0%; 18-Feb-16 :13-Apr-16 0~ 0' 0%': 14Apr-16 0 19-Nov-15 ' 06-Apr-16 100. 25':~ ~ 11-Nov-1518:4 ; 1;4;Apr~1•,6„Hcs cbM~d.~ bgs~9~i~ ivil; Ni~ss grading L1r8wingS ; ;ProjectjAw~r~l ; ~dntract Negtlti~ibri Qvvne~ pesign ReviieW ~ Prelirriirrary a9ehoy~revervs-O~F,Ci07;SCDM Contract ~xecuCed ; Arcljit~cZural/Iv1~P, Design ;Ciuil ~ Miss Giadi;n~ Rermit Re~i~w ~ ; Ci~il;Final:Drawinga st~ucfuraf Design; ; Mechanical PEnt Wause Design a'nd SD $t~u~t~rel;Permjti~g 'Ma~S Gradirig~PhrMit IsfiUed Mechanical;P,enthouse;P,emvtting; Civil -Final Pe~rriit~ Review ~~;~~~ ; f~rchitectutal/MEP. Permiting j ; ArGhjt~c~uSaN/~ujldirjg;P~rmjt ~ssyeSi . ~~~ , „•~~~ ;os-~sr:~s,,~Cs=~o►Ns4;2. So~astee j $gc~~tee;M;iddle ~ rVlas$ G~adi~g ~r~vyigg~ ~ So~astee Middle :Masi 6radirfg;Pertnit R Socast~e;Njictdl!e; Site~Olearing ~Socastee Middle -Site f?rep;to Buiidirjg 23-Jun-17., :r j 30 0'~ 0%" 03-Dec-15 ' 13-Jan-16 A1860 Carolina Forest Middle -Site Timber Operations 0% 17-Dec-15 03-Feb-16 35; 0; ~i Myrtle Beach Middle- Demo A1830 — +^--------~— i 0% 24-Dec-15 ~ 27-Jan-16 ~~! 25:. 0' A1780 T Socastee Elementry -Site Timber Operations 0% 07-Jan-16 -27-Jan-16 15 ~ 0 A1750 `Structural Shop Drawings - Steel/Precast 0 30! 0%I 07-Jan-16 ; 17-Feb-16 A1790 i St James Intermediate -Site Prep &Building Pad i 0% 07-Jan-16 17-Feb-16 30 0A1870 Carolina ~ Forest Middle -Site Prep and Building Pad 2~ -28-Jan-16 0 ~ 0% i i 02-Mar-16 j~-~ A1760 :~ Steel Fab ~~~ —~ i 0~ 0°~' 2&Jan-16 ; 02-Mar-16 ~ -25 A1770 ;Precast Fab Page 1 of 2 TASK filter: All Activities O Actual Work O Critical Remaining Work P'~7 Summary ♦Milestone D Remaining Work ♦ ~ ardlir~a Forest Midtlfe = 5ite Timber~Operati ;Myitle B~acti Mitldle;-a~rtid 6gc~$t~ejE~ejn~qtry' y $ite 7ijnb@r Operatiq SCrucYurat Shop: Drawings ; Steel/Prec~st ; $t;J~rrie~ ~nke~rrjediat~ ~ $its prep ~ $yildi ~ ~~rtlliha FofesYMiddle'- Site~Phe~ arld~Bui iSteel:Fa4 ~P~ecast Fab OO Primavera Systems, Inc. PAPR - 003236 HCS -Combo Four Schools Classic Schedule Layout ~ Planned Actual Duration' duration Activity Name Activity ID A1990 Socastee Elementry-Site Prep to Building Pad A1840 ;Myrtle Beach Middle -Site Clearing and Building Pad A1880 i St.James Intermediate -Install Piles Carolina Forest Middle- Foundations to Completion A1890 A1850 Myrtle Beach Middle- Foundations through Completion A1980 `~ ~ Socastee Elementry-Building Piles ~ ~ 5t James Intermediate -Foundations through Completion A1820 A1920 A1970 ~ ~ ' Socastee Elementry-Foundations to Completion Socastee Middle- Foundations through Completion D Critical Remaining Work ~~ Summary D Actual Work Work ♦ ♦Milestone Remaining O 11-Nov-15 18:4 Finish Activity % Start Complete J - J J 30 ~ 0~ 09-Mar-16 : Socastee Elemeptry;- Site;P,~ep 2a, Buildin 20 0. 0% 04-Feb-16 : 02-Mar-16 ;Myrtle Beach~Middle~- Ste~Clearing and;B ; 3t.U8mes In4ermediate ;Install Piles ; ; 0% j 2&Jan-16 20 0j 0%; 18-Feb-16 :16-Mar-16 317: 0 0% 1&Feb-16 OS-May-17 317: 0: 0°h'. 03-Mar-16 19-May-17 ; Myrtle;Be~ch ~0 0% 10-Mar-16 ' 06-Apr-16 0 0% ~ 17-Mar-16 02-Jun-17 0%' 07-Apr-16 ; 07-Jun-17 23-Jun-17 0°/a ~ 07-Apr-16 iS;ocast~ee ~lementry;- Building P,ileS ~St James; Int , : SoCaSt~e ~I 20; 317305' 317: ~ 0 Page 2 of 2 ;Caro~irja FQr~s . $gc~steefi/l TASK filter: All Activities O Primavera Systems, lnc. PAPR - 003237 Sheri L. Wainscott From: Sent: To: Subject: Robbie Ferris Friday, November 13, 2015 3:10 PM Keith R. Powell HCS contracts Follow Up Flag: Flag Status: Follow up Completed Keith, Would it make ,sense if you set up a meeting for next Thursday where we go to Horry and I and the owner sign contracts? am told, by subcontractors, that the normal procedure in Horry County is that if applications for payment are received by the 23`d you get paid by the 10th. You might want to confirm that the 23~d is there magic date for applications for payment. Here is the info for the remaining blanks: A2.2- Keith these are the days for each project per the schedule in our proposal: Carolina Forest MS Myrtle Beach MS St James IS Socastee ES Socastee MS Article A.4: Carolina Forest Middle School: Superintendent: Mark Branch Project Manager: Charlie Rollins Assistant Superintendent: Gary Pipkin Myrtle Beach Middle School: Superintendent: Ed Bruce Project Manager: Rusty Woolard Assistant Superintendent: Ray Carrino St. James Intermediate: Superintendent: Randall Jernigan Project Manager: Steve Bond Assistant Superintendent: Rodney Nichols Socastee ES: Superintendent: Dale McCoy Project Manager: Mike Dickman Assistant Superintendent: David Isham Socastee Middle School: Superintendent: Phil Asslynn 1 PAPR - 003238 Project Manager: Mike Dickman Assistant Superintendent: Bob Green Article A.4.2 SfL+a Architects: Architect, Raleigh NC Metcon/TA Loving joint venture: General Contractor, Pembroke NC Article 3.1.5.1 Keith In addition to the allowances in the RFO, listed below, we have a landscaping allowance of $200,000 for each school except that we have 250,000 for myrtle beach middle school. Our overhead and profit is outside this number. This is the amount that we can issue to subcontractors for the actual work. If we don't spend all of this HCS will get it back. You can list this in the allowance section or the contingency section, I don't think it matters... CF MB SJ SM SE total not including the landscape allowance 1030.000 -Owner Furniture Allowance $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 1,250,000 $ 1,00,000 $ 250,000 1031.000 -Owner Hardware Allowance $ 350,000 $ 350,000 $ 350,000 $ 350,000 $ 650,000 $ 650,000 $ 500,000 1032.000 - O~roner Controls Allowance $ 650,000 $ 650,000 $ 750,000 $ 750,000 $ 600,000 1033.000 -Owner Fire Alarm Allowance $ 750,000 $ 750,000 $ 350,000 1034.000 -Owner Playground Equip. All $ 150,000 $ 150,000 $ 150,000 $ 150,000 1035.000 -Owner Special Inspections All $ 150,000 $ 150,000 $ 125,000 $ 125,000 $ 10Q,000 1036.000 -Owner Commissioning Allo $ 125,000 $ 125,000 1037.000 -Owner Technology Allowance $ 1,865,D00 $ 1,865,000 $ 1,865,000 $ 1,645,000 $ 1,275,000 $ 5 ,390,000 $ 5 ,390,000 $ 5 ,540,000 $ 4 ,920,000 $ 4 ,225,000 $ 25,465,000 ~' ~ ~ tz :. r Robert W. Ferris, AIA, REFP, LEED AP CCO/President SfL+a Architects 333 Fayeeteville Street, Suite 225 Ralei;h, NC 27601 Cell: 919.610.2251 Fax; 919.573.6355 rferrisC~sfla.biz www.sfla.biz "I'd put my money on solar energy... I hope we don't have to wait till oil and coal run out before we tackle that." Thomas Edison, in conversation with Henry Ford and Harvey Firestone, March 1931. 2 PAPR - 003239 Sheri !. Wainscott From: Sent: To: Subject: Attachments: Robbie Ferris Friday, November 13, 2015 4:57 PM Keith R. Powell FW: Horry County School Schedule VS Proposal HCS - 4 School Combo -Schedule 09.01.15.pdf; HCS - 5 School Combo - 11.11.15 REV# l.pdf Follow Up Flag: Flag Status: Follow up Comple#ed Keith, have included the email chain with our project manager so in case I don't fully describe the dates were proposing you wil! have the benefit of the schedule in his words. We propose reducing the total duration from 575 days to 566 days in exchange for a bit of grace in how we get there. In our individual schedules ,in our proposal, we made a mistake. We scheduled pilings on the wrong school so we corrected that mistake here. We propose you use the "revised" dates below for the contract. As far as Socastee MS goes my ideas are as follows: Option 1: 547 days from a notice to proceed if pilings are not needed and 566 days if pilings are needed, Option 2: A schedule will be determined once a site is selected but it is expected that the schedule will approximate the schedule for Socastee Elementary School Robbie From: Ryan Parker [mailto:rparker@metconus.com] Sent: Wednesday, November 11, 2015 7:13 PM To: Robbie Ferris Cc: Aaron Thomas; Sam Isham; David Philyaw (dphilyaw@taloving.com); Mike Mitchell (mmitchell@taloving.com); mrichter@taloving.com; rlangston@taloving.com Subject: RE. Horry County School Schedule VS Proposal Robbie, We need to discuss this tomorrow in depth so that everyone is on the same page before you submit to anyone with Horry County or their council. • Notes o St. James and Carolina Forest had the pile activities switched which accounts for the difference in their duration o The proposal asked for a schedule for the 4 school combo. An assumption was made that land would be bought and mass grading drawings could be prepared close to or before the 10/5 start date. That didn't happen so the elementary school took the place of the middle school. • Myrtle Beach Middle School o Original 1015 thru 4/3 - 546 o Revised 11/19 thru 5/19 - 547 St. James Intermediate School o Original 10/5 thru 3/10 - 522 o Revised 11/19 thru 6/2 - 561 Carolina Forest Middle School • • i PAPR - 003240 • o Original 10/5 thru 4/25 - 568 o Revised 11/19 thru 5/5 - 533 Socastee Elementary o Original 10/5 thru 5/2 - 575 o Revised 11/19 thru 6/7 - 566 Socastee Middle School o No land at time of original subcontract o Original4 School combo schedule didn't include elementary. With Regards Ryan Parker ~ Senior Project Manager Metcon, Inc. ~ 763 Comtech Drive ~ Pd Box 1149 ~ Pembroke, NC 28372 office 910,521,8013 I mobile 910.374.2766 ~ email:rparker@metconus,com website ~ linkedin ~ twitter I instgqram From: Robbie Ferris [mailto:RFerrisC~sfla.biz] Sent: Wednesday, November il, 2015 4:24 PM To: Ryan Parker Ce: Aaron Thomas; Sam Isham; David Philyaw (dphilyawCa~taloving.com); Mike Mitchell (mmitcheliCa~talovin_c~ com); mrichterCa~taloving.com; riangstonCa~talovin_cLcom Subject: RE: Horry County School Schedule VS Proposal • Ryan, We need the days for each individual project since we have 5 contracts. This would be the days "From the Schedule submitted with the proposal" From: Ryan Parker [mailto:rparker@metconus.coml Sent: Wednesday, November 11, 2015 2:03 PM To: Robbie Ferris Cc: Aaron.Thomas; Sam Isham; David Philyaw (dphilyaw@talovin4.com); Mike Mitchell (mmitchellCc~talovinq.com); mrichterCc~talovinq.com; rlangston@talovinq.com Subject: Horry County School Schedule VS Proposal Robbie, In response to your question via text. "The contract states the number of calendar daysfrom a notice to proceed as opposed to a stipulated day. Ryan please tell me the number of calendaf• days in our proposal that wasfrom the date we had shown them signing the grading application until we had shown the project being complete. " • • From the Schedule submitted with the proposal o Civil Mas Gxading Drawings in for review October 5th 2015 o Final Completion of all 4 projects 5/2/17 o Total Calendar Days — 575 From the Updated Schedule — (conference call at 3:00 PM with Civil Engineer and Southern Asphalt) z PAPR - 003241 Civil Mass Gradign Drawings in for Review — 11/19/2015 Final Completion for all. 4projects — 6/7/2015 ■ This doesn't include Socastee Middle which we don't have a site for. It is handled differently based on assumptions of when we will be given the site. o Total Calendar Days — 566 Days o o With Regards Ryan Parker ~ Senior Project Manager Metcon, Inc. ~ 763 Comtech Drive ~ PO Box 1149 ~ Pembroke, NC 28372 office 910.521.8013 ~ mobile 910.374.2766 ~ email:rparker@metconus.com website ~ linkedin ~ twitter ~ instagram PAPR - 003242 Classic Schedule Uyout HCS -Combo Four Schools AdiHly ID PWnnetl StaA Dunlion AdNily Name HCS - COMB4 HCS -Combo Four Schools DBSIQI1/PEflilltlpg.__.._.._. ..'.'__.........' 432 10.5a{r15 A1580 ; Civ~1- Mas Grading Dnwnpa 20;10.Sap-15 0 o5-Oct-15 ~ A~o6o aroJeanward A1680 !Prrh~eduraVBu&llnp Perms Issuetl • j ~ ~ ~ ~ ~ ' j ~ CNS-Mass Grading drawings: Rgectnward ntra~t Negdtiabn ~ ~ 0'~ 14Mu-16 30 02-Nov-15 A1E80 `Carofna Forest Middle-Sie Ttnber Opentloro ~5 ~ 76Nov~75 ~ A1830 ' Myitb Beach Middle -Demo 15:14-Deo-16 _ _ A7750 ~Shudural Shop OrevMgs-SteelPraast T 25 14Deo-15 A17B0 S; t James lMsrmedhta-Sila Clearing ~ <0i 14~eo-15 A1870 ~ Caro6ro Forest Middle- SIle Rertfed6tbm 25; 04Jan-16 A1780 i ShN Fah 25;04Jan-i6 ~ A1770 :Precast Fab 20 ~0/-Jan-16 g1890_`. Myr~b Beach Middle - Si1e Charing and Building Pad_ 15'1&Jon•76 A7790 ~. St James Intermediate-Binding Pad 20I25Jan-06 ~ A7D80 'Carolina Forest MltlEle-Instal Pies 306:01-Feb76 A7E50 Myrtle Beach Middb-FoundaGona through Competlion Through Completion `. 285108-Feb16 A1820—;St James lnbrmediate-Ereti Steel _ '_ • 317'i OB-Feb48 A7890 +Carolina Foreal MNdk - Foundatlons to Compekbn 310; 24Fab16 A1820 ~i Soaslee Middle- Foundationsto Compktbn i71-Dw15 ~ o1Jan16 %O7-Jan-'I6 `~SJao-~6 ~,OSFeb-16 i 0~rPeb~16 ; 05-Feb-16 ; 29JaM16 'OS-Feb'IB - ---- - O AUual Work O CrYiol Remainng Work ~~ Summary ♦ Mikatone O Remaking Work ♦ Qtr 4, 2016 Oct Nov Dsc ~ 19~Feb16 ;03Apr-17 NO-Mar•17 ~ 2SApr-77 ; 02-May-17 Qlr 1, 2017 Jan Fab Mar Qtr 2, 2017 Qtr 3, 2017 Qtr 4, 2017 Apr May Jun Jul Aug Sep Oct Nav fee 02•Ma~17„ HCSr COM84 H • S- Combe Four Sch i i """ """ er Deslgn:Review Prefmmaryagenry reviews0.5F,D0T•,SCDF{EC, local CM7-Mau Qad(ng Permh Review ; CM1yFInal Graw4iys ap ExeEuted ArchiteclureVMEP Design .. MC nipl Pent Hovie Desgn and SD SWd rel Declgn: 1 Mass 2tlng PerR~fl Issued ctUral ~ ~ PArmding Civi-Fnal PsrtnA Revkw, ;Madidnicel Penthouse Permdtimj ~ Ard~MadureVMEP Perm'd'ug ~ ;~ ., :oz-r~tay-t~ r_. ~.._._ -::~--_: ----_:. :: Qlr 3, 2016 Jul Aug Sep 19-Mat=16, HC}S-COM84.~ DeelgNPermNing i 62-OctdS ~~ ~ ~-NowtS HCS-COM84.2 Construction Qlr 2, 2016 Apr May Jun 02-May-17 10.OSOc415 ~ 760d-15 A1070 ~ CoMred NegWebn 10: OSO~i-15 :_ 76.Od-05 A1080 :Omer Design RaNaw ~.360cM15 _ 20~OSOcF~5 A15W ,Pro6ninery eyenq revbws-0.5F,DOT,SCDXEC.Ionl_ ~ `. 35 , OSOd•15 ; 20.Nov-15 A1590 ~ CMI -Mass Gndhig Pernik Review 40;OSOq-15 ;27-Now15 A1B20 ~Ciull-FFal Drawings ` ' 0;'1&Oe!-16 A1650 ~ Controa ExeatW 65~ 130ct-16 i ~6Jen-18 Design "_—_ _ A1b80 ArU~ketlunVMEP U A0; 19-qt-75 ~ 11-Deo-15 A1900 ~ Medunkal Pent House Daalgn and SD ~Strutlural Dealpn '~---'~._~ ..'_-----"~2526-0d-75 ~'27-Nov-75 ~_. _ M640 ~' ..._.'__'__._~___"___.__.__..~_.~~_.___ D ~ 23Nov-15 ~ A1800 -Mass Gradig Perm1bw~ '2SDao-75 20'30.Now16 A1010 Structural Permilfng j22-Jan-76 40'3o-Nov~15 A7830 'Glut -Final PennA Revkw 30i 14Deo13 j72Jao-18 i ~ A7910 .Mechanlgl Penthouse Perm4Ung _, '__40 _7&Jao-16 _ _17-Mar-16 _ ' A1670 i ArchileduraVMEP PermltMg i O1Sep-1513:3 ~Ir 1, 2016 Jan Feb Mar ...._...135 10-Sep-15 u ~14Me~-i6 HCS-COMB4.'I i~ ~ ~_ Olr 4, 2015 , 2075 p,~y ~ pq~ Nw Dec Fin'ah .i.. ._;.. ..:._. .. Afchdec{uraVeuiding Petme;lnued ... ... .;... . ; Ga~oMa ~oresl MNdle-50.e Tmber Operations; ~ MyAb Beach Middb - ~~ma ~SWtiural5hop drawings-SteeVPrecast Sl James lnkrmedia~e-Sde Ckarjng Caid'ma F, oresl Middle:-SXe Remetllatio~n: ..}.. .:.. . Stgel Fab; . Prlpst F8b Myrtle Beaih Mitldk - Sie Cleirin9 and BuAd(ng P~ ffi:Iames jntemjedfale=8uadjng Pad Carofma Forest Mdtlle-Instal Pilns ....:... ~ j j - Pege 1 0(t ~ oz-inay-tx,Hcs=coniee2 corwrr~won: ~ Myr.Ik Be;di Mddb-Fpundeibne th'fough CompeAion StjJamei lntemlediate-Ered Sfeel.Through Compktbh t Carofna Forest MNdk - Foundalans to CompeRion: Socastae NMiddle= Foundatbns to Coinpbtion ASK filter. All AclWilles mPRmeven Systems, tnc. PAPR - 003243 Classic Schedule Layout HCS -Combo Four Schools Planned Actual Duration duration Activity Name Activity ID HCS - COMB4 HCS -Combo Four Schools ~"~C$ - COMB4.1 A1560 Design/Permiting Civil Mass Grading Drawings 24 01-Sep-15A; 23-Jun-17 »$` 2a, o~-se 20 24`: J , , 2~-Jun-17„ ~ 14Apr~16; HC5 CQ{VI~4;.1~ ~gsigp/p 15 .14Apr-76 100%: 01-Sep-15 : 29-Sep-1; J ivil; Nl~ss Gtading; I]r9wings 0 0%~ 02-Nov-15" ~ 13; 0: 0% 02-Nov-15 A1080 ~ Contract Negatiaion ~ Owner Design Review 13 0` 0%~ 02-Nov-15 . 18-Nov-15 A1540 ': Preliminary agency reviews-OSF,DOT,SCDHEC, local 20 i 0~ 0% ~ 19-Nov-15 ' 16-Dec-15 0. 0; 0%~ 19-Nov-15 0` 0% 19-Nov-15 ' 17-Feb-16 0;~ 0% 19-Nov-15 ': 06-Jan-16 ;Civil ~- Mas's ~G~rad n~ Rermit ReVi~~r ;Civil ;Final:DTawingS StjucturaG ~esign~ A1070 A1550 ProjectAward ~ Contract Executed 65' ' 351 ~ 18-Nov-15 ~ Architectural/MEP Design A1590 ;Civil -Mass Grading Permit Review A1620 :Civil -Final Drawings 65:': 0 0% 19-Nov-15 A1640 ~ Structural Design 25 . 0 0% 19-Nov-15 ' 23-Dec-15 A1900 A1600 Mechanical Pent House Design and SD ;Structural Permiting~ Mass Grading Permit Issued A1910 ~ Mechanical Penthouse Permitting A1630 'Civil -Final Permit Review ~~ A1670 A1680 ~ Architectural/MEP Permiting ~~^ i ~ Socastee Middle- Mass Grading Drawings A1940 ~ Socastee Middle- Mass Grading Permit Review A1950 ' Socastee Middle- Site Clearing A1960 C011St~UCt1011 . ~ 0? 30; 0 0% ~ 14Jan-16 30 0' 0% ` 18-Feb-16 i 30-Mar-16 0~ 0% 18-Feb-16 Oi 0%! 14Apr-16 0: ~ 03-Dec-15 0 0%~ 07-Jan-16 25 ~ 0j 0% 28-Jan-16 ; 02-Mar-16 O Critical Remaining Work ~~ Summary D Actual Work ♦Milestone O Remaining Work ♦ SocastQe;Middl~ ~ Site;CJearang i ~" ~ Socagtee Middle -Site Rrep;to Building . 23-Jun-17, ~ E3r61iha Fote§t; Middle;- Site:PYep ar1d:B~i 30r ~ Steel Fab 0 _ j—5 ~ Sobaste~ Middi~ ~Ma~~ Gradirig;Perinit R 6gca~tee~E~emerjtry; $its `fitnb~r OperatiP StructuraC ShoR Dravuings = St2eUFrec~st ; $t;J~ri~e~ ~n}e~rrjedi~t~ ~ $its prep ~ Qyil~li `Carolina Forest Middle -Site Prep and Building Pad Precast Fab $gc~~t~e;Nkiddle~ 141ass G~aiii~g C~r~vyigg~ 0%~ 24Dec-15 : 27-Jan-16~ 0%'. 07-Jan-16 ' 27-Jan-16 0% 07-Jan-16 117-Feb-16 A1870 A1770 .06;A~r-16,,H~S-COM64~2: Socastee .. ~ a~rolina; Forest ~llidiile =Site 7i,mb~r~Operati ;Myitle B~aCtl Middle;-D~rha A1760 ~ Civil -Final pe'rmif f2evfew ; Archit2ctural/IVI~P RefMiting 0% 03-Dec-15 ! 13-Jan-16 0% 17-Dec-15 ~ 03-Feb-16 A1790 0~ 0~ p Mechanjc~l; P,enttlouse;P,emfitting 23-Jun-17 Myrtle Beach Middle- Demo ~~_ 25 i ~ Socastee Elementry-Site Timber Operations 15 ~,_ ~j i Structural Shop Drawings - Steel/Precast ~- 30% ! St James Intermediate -Site Prep 8~ Building Pad A1780 A1750 j $t~uct~ar~I;Permjti~g ~Ma~s Gradirig;P~rMit IsfiUed ; Arphjtgc~uta~/~ujlc}igg;P~r~njt ~s~yeSi 0 i~~ ~~ 0% ~ 25-Feb-16 ~ 06-Apr-16 30 ^~ 0 ~ 0+ ~— 35 ; IVI~ch2'n'rcai Pent Wause: Design arid SD 19-Nov-15 ' D6-Apr-16 30 ` ~ ~`~ ~ Ar~Fjit~c2u;ral/tVl~p C~esign 13-Apr-16~ 30 ~ 0' ~ f?relirriinary agency;reviews-bSF,dOT;SCDM 24Feb-16 0%~ 19-Nov-15 23-Dec-15 Oi 0 ~ ~ 0%~ 24Dec-15 ~ 10-Feb-16 --~. 0 0%~, 14Jan-16 i 24Fea16 35!. .407 `. : A1860~~ Carolina Forest Middle -Site Timber Operations A1830 0; 0°/a 24Dec-15 X20-Jan-16 0% ~ D7-Jan-16 25~ ~~ Socastee Middle -Site Prep to Building Pad HCS - COMB4.3 0' 100 ~"~C$ - COMB4.Z SOCc1St~ MICI(II@ A1930 ~0%; 19-Nov-15 :13-Jan-16 20~ 0', ; ArchitecturalBuilding Permit Issued ~ ~dntr~ct Negdtiaiori ; Ovrner Design Review ; ; 17-Feb-16 40 ;~ 0; ~ 40I `~~ ~P~ojectp~ward , ~dntract Executed ; A1580 A1010 ___ 430 J' 0; ~A1060 . :: 11-Nov-15 18:4 Finish Activity % Start Complete 17-Feb-16 0%; 28-Jan-16 ' 02-Mar-16 Page 1 of 2 :Steel;Fati ~P~ecast Fab ASK filter: All Activfties OO Primavera Systems, Inc. PAPR - 003244 HCS -Combo Four Schools Activity Name Activity ID A1990 ' Socastee Elementry-Site Prep to Building Pad A1840 Myrtle Beach Middle -Site Clearing and Building Pad A1880 St.James Intermediate -Install Piles 11-Nov-15 18:4 Finish Activity %a Start Complete J' J r J 30; 0 0% 28-Jan-16 09-Mar-16 ; Socast~e Elementry Site:P,re;p to; B;uildin 20; 0. 0% 04Feb-16 02-Mar-16 ;Myr#Ie Beach~Middle~- Site~Clearing ;and;B 20: 16-Mar-16 : St.Jarttes Intermediate; Install Piles : ; 0 0%; 18-Feb-16 Carolina Forest Middle -Foundations to Completion 317: 0~ 0% 1&Feb-16 ; OS-May-17 ;C•,arojiria;Forg A1850 Myrtle Beach Middle- Foundations through Completion 317; 0 0% 03-Mar-16 19-May-17 ; Myrtle;Beach A1980 +Socastee Elementry-Building Piles ~ St James Intermediate- Foundations through Complefion 20; 0' 0%; 10-Mar-16 O6-Apr-16 317` 0 0 A A1890 _- Classic Schedule Layout Planned Actual Duration duration A1820 A1920 ~A1970 Socastee Elementry -Foundations to Completion ~ Socastee Middle- Foundations through Completion O Critical Remaining Work~/ Summary O Actual Work ♦Milestone O Remaining Work ♦ 305: 317 ~~ 0 ~ 0%~ 17-Mar-16 02-Jun-17 0% i 07-Apr-16 ! 07-Jun-17 0°/a 07-Apr-16 Page 2 of 2 :23-Jun-17 , . ~ ;S,ocast~e ~lementry; Building Piles ~St James Int ~Sacastee EI ~ Sgcpst~e;M TASK filter. All Activities OPnmavera Systems, Inc, PAPR - 003245 Sheri L. Wainscott From: Sent: To: Subject: Attachments: Robbie Ferris Wednesday, November 04, 2015 9:03 AM Keith R. Powell Fwd: 1415-91 Notices of Intent to Award ATTOOOOl.htm; 1415-91 NOI CFM.pdf; ATT00002.htm; 1415-91 NOI MBM.pdf; ATT00003.htm; 1415-91 NOI SES.pdf; ATT00004.htm; 1415-91 NOI SJI.pdf; ATT00005.htm; 1415-91 NOI SMS.pdf; ATT00006.htm Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Sent from my iPhone Begin forwarded message: From: Ara Heinz Date: November 3, 2015 at 5:14:12 PM EST To: Robbie Ferris , "rferris@firstfloor.biz" Cc: Danielle Davis Subject: 1415-91 Notices of Intent to Award Mr. Ferris, Please find attached the Notices of Intent to Award from Horry County Schools for the Design-Build Delivery of New School Facilities projects (# 1415-91). Barring any protests or issues with providing the information listed in the NOI, the official contract could be executed and go into effect on November 19, 2015. (The NOI's have also been uploaded to our website at http://apps,hcs,kl2.sc.us/apps/protrac/. ) am sure that either our attorneys or someone from the District will be in contact with you soon to discuss the next steps, but if you have any questions or concerns about documents, communications, procedures, etc., please do not hesitate to contact me. Thank you for participating in this solicitation! We look forward to working with you and your team on this project! Regards, ~I YG(i Ara Heinz (ProcurementServices~ ~.`P:843/488-6930 Horny County Schools ~ 335 Four Mile Rd. ~ Conway, SC 29526 Website:Procurement.horrvcountvschools.net 1 PAPR - 003246 'gam.` . NOT`IC~ ~F IN1ENT' T'O ,~INARD ~~~,~-t~ Horry County Schools BID NU 1415-91 PROJECT NAME: ~ Design-Build Delivery of New School Facilities (New Carolina Forest Middle School) INTENT TO AWARD A CONTRACT T0: INVITATION FORBIDS DATE: First(loor Energy Positive, LLC June 24, 2015 Slree{, 333 Fayetteville Ste, 225 NOTICE OF INTENT DATA: PR07EST PERIOD END DATE: Raleigh, NC 27601 November 18, 2015 November 3, 2015 TOTAL CONTRACT PRICE ACCEPTED BY 7HE DISTRICT FOR AWARD; $ 45,930,227.00 NOTICE TO AWARDEE: Horry County Schools {the Disiricf) has considered the bid submitted by the Offeror listed above for the above described protect in response to its Requesf for Proposals, That Offeror Is, hereby, notified that it is the DistricPs Intention to award a contract for the fotai contract price Indicated above provided that Offeror is found by the District to meet all requirements of responslbiliry as indicated In the Proposal Instructions and in accordance with ltie District's Procurement Code. CAUTION: No work should begin nor costs incurred associated with the contract prior to the commencement of the project indica(etl on the Notice fo Proceed issued after fhe tJotice of Inienf to Award period has ended. Horry County Schools assumes no liability for the expenses incurred prior to that commencement date. A pre-construction conference may be scheduled by fhe. DistricPs Construction Management Office prior10 the commencement of the protect provided no protests are submitted to the D(strict before the protest end date staled above, You are required to execute or have executed and returned to the District.lhe following documents no later than the scheduled pre•construcfion conference or within fen (10) days from the date of the lJotice of Intent fo Award unless otherwise stated: a} b} c) d) e) Q g) (2 originals) AIA Document A141— 2014 AIA Document A141— 2014 Exhitiit A (2 originals) AIA Document A14i — 2014 Exhibif B (2 originals) {2 originals} AIA Document A392 — 2010 Detailed Schedule of Values (CSI Breakdown) Deta1led Protect Schedule Copy of the Contractors business license in the jurisdiction where the work is being performed (if required), Failure to execute and return the above documents no later than the scheduled pre-construction conference or within ten (10) days from the date of the Notice of Intent to Award shall indicate your abandonment of all rights under this Notice of Intent to Award. The District shall be entitled to such other rights as may be granted bylaw. ' NOTICE 70 ALL OTHER OFFERORS: Any Bidder who feels aggrieved because of this Notice ofIntent to Award has a right to protest and t6 present an appeal in accordance with the DistrCct's Procurement Code. My protest must be submitted to the DisfricCs Procurement Officer listed In the Request for Proposals, in writing. NORRY COUNTY SCHOOLS :, 8y, ti` d f 7 • }'i /~J ~~ John ardner Chie Financial Officer ~. PAPR - 003247 1 ,~pr'-~~~ tV01"IC~ OF INTENT TO AWARD r ~:~~~ t~ .~--~~ Horry County ~J ~ Schools 81~ NUMBER: PROJECT NAME: 1415-91 Design-Build Delivery of New School Facilities (New Myrtle Beach Middle School) INTENT TO AWARD q CONTRACT T0: INVITATION FOR- BIDS DATE; Firstfloor Energy Positive, LLC June 24, 2015 333 Fayetteville Street, Ste. 225 NOTICE OF INTENT DATA: PROTEST PERIOD END DATE: Raleigh, NC 27601 November T8, 2015 November 3, 2015 TOTAL CONTRACT PRICE ACCEPTED BY THE DISTRICT FOR AWARD: $ 4$,485,102.00 NOTICE TO AWARDEE: Horry County Schools (the District) has considered the bld submitted by the Offeror listed above for the above described project in response to its Request for Proposals. That Offeror is, hereby, noQ(ied that it is the District's intention to award a contract for the total contract price Indicated above provided that Offeror is found by the Distract to meet all requirements of responsiblliiy as indicated in the Proposal lnsUuctions and in accordance with the Districts Procurement Code. CAUTION: No work should begin nor costs incurred associated with the coolracl prior to the commencement of the project ind(cated on the Notice toProceed issued after the Notice ofIntent to Award period has ended. Horry County 5chods assumes no liability for the expenses incurred prior to that commencement dale, A pre-construction conference may be scheduled by the DistricPs Conslrucfion. Management Office prior to the commencement of the project provided no protests.are submitted to the District before the protest end date slated above. You are required to execute or have executed and returned to the District the following documents no later than the scheduled pre~construction conference or within ten (10) days From the dale of the Notice of lntenf fo Award unless olhenvise slated; a) b) c) d) e) ~ g) (2 originals) AlA Document Ai4i — 2014 AIA Docurnenf A149 — 20i4 Exhfbif A (2 orlginais) AIA Document A141— 2014 Exhibit e (2 originals} {2 originals) AlA Document A312 — 2010 Defaifed Schedule of Values (CSI Breakdown) Detailed Project Schedule Copy of the Contractor's business license in the jurisdiction where the work is being performed (if required). Failure fo execute and velum the above documents no later than the scheduled pre-construction conference or within ten (10) days from the date of the Notice of Intent to Award-shall Indicate your abandonment of a{I fights under this Nofice o/ intent fo Award. The District shall be entitled to such other tights as may be granted bylaw. . NOTICE TO ALt OTHER OFFERORS: Any Bidder who feels aggrieved because of this Notice of Intent to Award has a right to protest and to present an appeal in accordance with the DistricPs Procurement Code, Any protest must be submitted to the DistricCs Procurement Officer listed in the Request (or Proposals,in writing. HORRY COUNTY SCHOOLS f € ~" f rr By: Joh .Gardner C~h' f Financial Office PAPR - 003248 } _. ~i' NOTICE OF INTENT TO AWARD _ Horny County Schools BID NUMBER: PROJECT NAME: 1415-91 Design-Build Delivery of New School Facilities (New Socas(ee Elementary School) INTENT TO AWARD A CONTRACT T0: INVITATION FOR BIDS DATE: June 24, 2015 Firsifloor Energy Positive, LLC 333 Fayetteville Street, Ste. 225 Raleigh, NC 27601 TOTAL CONTRACT PRICE ACCEPTED BY THE DISTRICT FOR AWARD: NOTICE OF INTENT DATE: PROTEST PERIOa END DATE: November 3, 2015 November 18, 2015 $ 37,953,991.00 NOTICE TO AWARDEE: Horry County Schools ((he District) has considered the bid submitted by the Offeror listed above for (he above described project in response to its Request for Proposals. That Offeror is, hereby, notified that it is the Dislric~'s intention to award a contract for fhe total contract price indica(ed above provided that Offeror is found by the District to meet all requirements of responsibility as indicated in the Proposal insln~c[rons and in accordance with the District's Procurement Code. CAUTION: No work should begin nor costs incurred associated with the contract prior to the commencement of the project indicated on the Alotice to Proceed issued after the Notice of l~~tent to Av~ard period has ended. Horry Coun(y Schools assumes no liability for the expenses incurred pror to that commencement date. A pre-construction conference may be scheduled by the District's Construction Management Office prior to the commencement of the project provided no protests are submitted io the District before the pro~esl end date staled above, You are required to execute or have executed and returned to the District the following documents no later than the scheduled pre-construction conference or within ten (10) days from the dale of the Notice of lnlent to Award unless otherwise slated; a) b) c} d) e) fl g) AIA Document A141— 2014 (2 originals) AIA Document A141— 201~J Exhibit A (2 originals) (2 originals) ~11A Document A14i — 20i4 Exhibit 8 AIA Document A312 — 2010 (2 originals) Detailed Schedule of Values (CSI Breakdown) Detailed Project Schedule Copy of the Contractor's business license in the jurisdiction where the work is being performed (ii required}. Failure to execute and return the above documents no later Than the scheduled pre-construction conference or within ten (10) days from the date of the Notice of Intent to Award shall indicate your abandonment of all rights under this Notice of Intend to Award, The District shall be entitled to such other rights as may be granted by law. NOTICE TO ALL OTHER OFFERORS: Any Bidder who feels aggrieved bec2use o(fhis Notice of Intent to Awarc! has a right to proles( and to present an appeal in accordance with the District's Procurement Cade. Any protest must be submitted to the DisfricPs Procurement Officer listed in the Request lorProposals, in ~~rriting. NORRY COUNTY SCHOOLS John <. Gardner Ch' FinancialOfticer PAPR - 003249 n_ `~.~=, fVOT'ICE OF INTENT TO AWARD :~:~ .-x Horry County Schools Bip NUMBER: 7415-91 PROJECT NAME: Design-Build Delivery of New School Facilities (New St. James Intermediate School) INTENT TO AWARD A CONTRACT T0: INVITATION FOR BIDS BATE: Firsttioor Energy Positive, LLC June 24, 2015 333 Fayetteville Street, Ste, 225 NOTICE OF INTENT DATE: PROTEST PERIOD END DATE: Raleigh, NC 27601 November 18, 2015 November 3, 2015 TOTAL CONTRACT PRICE ACCEPTED BY 7HE DISTRICT FOR AWARD: $ 47,742,333.00 NOTICE TO AWARDEE; Horry County Schools (ihe District) has considered the bid submitted by fhe Offeror listed above for the above described project in response to its Reques( for Proposals. That Offeror is, hereby, notified that it is the DisiricPs intention to award a contract for the total contract price indicated above provided that Offeror is found by the District to meet all requirements of responsibility as indicated in the Proposal lnslNcfions and in accordance with the Districts Procurement Code. CAUTION: No work should beg(n nor costs incurred associated wiGi the contract prior to the commencement of the project indicated on the Nofice to Proceed Issued after the Notice of Intent to Award period has ended. Horry County Schools assumes no liability for fhe expenses Incurred prior to that commencement date. A pre-consUuciion conference may be scheduled by the DistricCs Construction Management Office prior to the commencement of the project provided no protests are submitted to the District before the proles( end date staled above. You are required fo execute or have executed and returned to fhe Distric( (he following documents no later than the scheduled pre•construction conference or w(lhin ten (10) days from the date of the Notice of Intent to Award unless otherwise stated: a) b) c) d) e) ~ g) AfA Document A i41— 2014 (2 originals) A!A Document A941— 2014 Exhibit A (2 originals) AIA Document A141— 2014 Extiiblt B (2 originals) (2 originals) AfA Document A312 — 2010 Defaifed Schedule of Values (CS! Breakdown) Detailed Project Schedule Copy of the Contractor's business license in the jurisdiction where the work is being performed (if required). Failure to execute and return the above documents no later than the scheduled pre-construction conference a within ten (10) days from the dale of the Notice of l~itenf 10 Award shall indicate your abandonment of all rights under this Notice of Intent fo Award. The District shall be entitled to such other rights as may be granted by law. NOTICE TO ALL OTHER OFFERORS: Any Bidder who feels-aggrieved because of this Notice o(lntent to Award has a right to protest and to present an appeal in accordance with the Districts Procurement Code, Any protest must be submitted to tha District's Procurement Off(cer listed in the Request /or Proposals, (n writing. HORRY COUNTY SCHOOLS ~~ ~ ~ ~ 8y: Joh~ ardner Chi f Financial Officer PAPR - 003250 F ` ~~ NOTICE O~ INTENT TO AWARD t ~. `~` ~~~ ~ Y ~~~ Horry County Schools BID NUMBER: 1415-91 I PROJECT NAME: I Design-Build Delivery of Ne4v School Facilities (New Socastea Middle School) INTENT TO AWARD A CONTRACT T0: INVITATION FOR B1D5 DATE: Firstiloor Energy Positive, LLC June 2A, 2015 333 Fayetteville Street, Ste. 225 NOTICE OF INTENT DATE: Raleigh, NC 27601 November 3, 2015 TOTAL CONTRACT PRICE ACCEPTED BY THE DISTRICT FOR AWARD: PROTEST PERIOD END DATE: November 18, 2015 $ 42,488,116.00 NOTICE TO AWARDEE: Horry County Schools (the District) has considered the bid submitted by the Offeror listed above for the above described project in response to its Request for Proposals. That Offeror is, hereby, notified that it is the DistricCs intention to avrard a contract for the total contract price indicated above provided that Offeror is found by the District fo meet all requirements of responsibility as indicated in the Proposal Instructions and in accordance with the Districts Procurement Code. CAUTION: No work should begin nor costs incurred associated with the contract prior to the commencement of the project indicated on the Notice to Proceed issued after the Notice of Intent ~o Aviard period has ended. Horry County Schools assumes no liability for the expenses incurred prior to that commencement date, A pre-construction conference maybe scheduled by the District's Construction Management Once prior to the commencement of the project provided no protests are submitted to the District before the protest end dale stated above. You are required to execute or have executed and returned to the District the following documents no later than the scheduled pre-construction conference or within ten (10) days from the date of the Notice of 1nlent to Award unless otherwise slated: a) b) c) d) e) ~ g) (2 originals) AIA Document A14] — 2014 AIA Document A i41— 2014 Exhibit A (2 originals) (2 originals) AfA Document A141— 2014 Exhibit 8 AIA Document A312 — 2010 (2 originals) Detailed Schedule of Values (CSI Breakdown) Detailed Project Schedule Copy of the Contractors business license in the jurisdiction ~vhere the v~ork is being performed (if required). Failure to execute and return the above documents no later than the scheduled pre-construction conference or within ten (10) days from the date of the Plolice of Intent to Award shall indicate your abandonment of all rights undor this l~/otice of Intent to Award. The District shall be entitled to such other rights as may be granted by law. NOTICE TO ALL OTHER OFFERORS: Any Bidder who feels aggrieved because of this Notice ollntent to Award has a right to protest and to present an appeal in accordance with the DisiricPs Procurement Code. Any protest must be submitted to the District's Procurement Officer listed in the Request for Proposals, in writing. H012RY COUNTY SCHOOLS y John K. Gardner Chi Financial0(ficer - PAPR - 003251 Sheri L. Wainscott From: Sent: To: Subject: Robbie Ferris Thursday, November 05, 2015 10:50 AM Keith R. Powell Horry Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Any chance we can get owner to sign early site packages so we can formally submit Sent from my iPhone 1 PAPR - 003252 Sheri L. Wainscott From: Sent: To: Subject: Keith R. Powell Friday, November 06, 2015 10:25 AM Robbie Ferris RE: Horry Follow Up Flag: Flag Status: Follow up Flagged Does not sound like they are interested. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com {803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorneyclient privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. -----Original Message----From: Robbie Ferris fmailto:RFerris@sfla.biz] Sent: Thursday, November 05, 2015 10:50 AM To: Keith R. Powell Subject: Horry Any chance we can get owner to sign early site packages so we can formally submit Sent from my iPhone 1 PAPR - 003253 Sheri L. Wainscott From: Sent: To: Subject: Keith R. Poweli Wednesday, November 11, 2015 10:54 AM Robbie Ferris RE: Hcs new schools early site packages Follow Up Ftag: Flag Status: Follow up Flagged Sentiment is not to do anything unusual. You should build your schedules from the 19th I guess, or maybe the 20th if that is when you will have business license, insurance and bonds. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorneyclient privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as fisted above immediately. -----Original Message----From: Robbie Ferris [maiito:RFerris@sfla.biz] Sent: Monday, November 09, 2015 5:18 PM To: Keith R. Powell; Ara Heinz Cc: Danielle Davis; Mike Wawrzyniak; Ryan Parker; JOHN H.RICHARDS Subject: Hcs new schools early site packages Keith/ Ara, We would very much like to submit the early site packages for agency approval as soon as possible. Every day gained on the front end of the project is a day gained at the back end of the project. Please consider our request to have the owner sign the early site package applications so we can submit them sooner than later. We fully understand that our submission of these early site packages would be done at risk. Thank you for your consideration of this request. Robbie Sent from my iPhone PAPR - 003254 Sheri L. Wainscott From: Sent: To: Subject: Robbie Ferris Wednesday, November 11, 2015 5:01 PM Keith R. Powell Firstfloor Follow Up Flag: Flag Status: Follow up Flagged Keith, Firstfloor energy positive has 3 member managers. This allows any of the 3 managers to sign for the company. will be the primary Richard Green and Eric Lindstrom are also member managers and can sign for the company. Apparently some smart lawyer suggested this so that documents could still be signed if someone goes on vacation etc...Vacations are not common occurrences with me so it will not likely bean issue. Robbie ~~~~~~ .~ k':4tl i it Cl•. Robert W. Ferris, AIA, REFP, LEED AP CCOi President 333 Fayetteville Street, Suite 225 Raleigh, NC 27601 Celt: 919.610.2251 Far.: 919.573.6355 rferrisC~sfla.biz www.sfla.biz 1 PAPR - 003255 Sheri L. Wainscott From: Sent: To: Subject: Robbie Ferris Wednesday, November 11, 2015 9:08 PM Keith R. Powell HCS contracts Follow Up Flag: Flag Status: Follow up Flagged Keith, might have been looking at the wrong document but it looks like you made a lot of changes to the contract issued in the RFP. Most of the changes are fine but here are a few thoughts. Our insurance carriers are still reviewing the contract and I will get you their comments, if any asap: • 1.1.3-The projects physical characteristics should refer back to the design builders proposal • 1.1.9- This should also reference the design builders proposal • 1.4.1-The design build proposal should be attached to make it a part of the design build documents • 2.1- I would prefer to leave this article in the contract. Our team members relied on this provision being in the contract when developing the proposal. • 2.1.4.1- With this project moving as fast as it is supposed to move, paying within 30 days is far more reasonable than 45 days. Is there a reason HCS can't pay within 45 days. We usually try to pay contractors within 7 days on projects that we own and it is serious motivator. When you pay fast you have lots of leverage with subs. • 2.1.4.1-Some interest should be paid on late payments. 1% per month is normal. Do they have problems with paying their bills on time? • 5.7.2- Line 5 and line 7 -can we change 14 days to 7 days —this job needs to move fast. • 5.14.3- Why would the owner not be responsible to the DB if the owners consultant damage the work. For example- the owners technology contractor destroys the ceilings the day before the building opens. Why should the owner not be responsible to the design builder in this case? • 6.3.7- Can we add language that clarifies that the post occupancy services will not delay closeout and release of retainage. • 7.2.3-Is there a reason that you deleted zoning variances? I doubt a variance is required but unless I am missing something the owner is responsible for getting variances if required. • 9.7 —Given the speed of this project can we change this back to 7 days • 10.3- According to the addendum I recall that the owner is responsible for removal of Haz Mat at MB middle. Should we acknowledge this in the contract so that everyone is clear about this? • 12.3.2- I don't think it's reasonable for the owner to be able to terminate the contract and then use the construction documents and, further, if there is a problem make the Design Builder and Architect responsible for that problem. I would leave this "as is" in the original contract. • 13.2.4.3- Why is it not fair for the DB to make a reasonable profit if the owner cancels the contract. We could define what reasonable is if you would be more comfortable. • A.3.1.6- Design Builders assumptions and clarifications: The design builders proposal dated xxx is acceptable to the owner and is determined by the owner to comply with the requirements of the RFP. • A.4.1.and A.4.2 We will get you the info to fill in blanks asap. . ~~ ~ti '. 1 r C ' = PAPR - 003256 Robert W, Ferris, AIA, REFP, LEED AP CE0/PresidenC SfL+a Architects 333 Fayeltevilfe Strut, SuiCe 225 Raleigh, MC 27601 Cell: 919.610.2251 Fax: 919.573.6355 rferrisC~sfla.biz www.sfla.biz "I'd put my money on solar energy... I hope we don't have to wait till oil and coal run out before we tackle that." Thomas Edison, in conversation with Henry Ford and Harvey Firestone, March 1931. PAPR - 003257 Sheri L. Wainscott From: Sent: To: Subject: Keith R. Powell Thursday, November 12, 2015 10:12 AM Robbie Ferris RE: HCS contracts Follow Up Flag: Flag Status: Follow up Flagged Thanks. I ran it in "variance check" mode this time, so as 1 told your colleagues, it looks quite different from the earlier version but I didn't actually change all that much in the text. I think a lot of these were in the one published in the addendum, but that does not mean we cannot male reasonable adjustments. However I'll have to do more discussions with HCS about anything that changes from the original that is not just filling in blanks. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803) 2544035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. if you receive this message in error, please notify us by telephone as listed above iininediately. From: Robbie Ferris [mailto:RFerris@sfla.biz) Sent: Wednesday, November 11, 2015 9:08 PM To: Keith R. Powell Subject: HCS contracts Keith, might have been looking at the wrong document but it looks like you made a lot of changes to the contract issued in the RFP. Most of the changes are fine but here are a few thoughts. Our insurance carriers are still reviewing the contract and I will get you their comments, if any asap: • 1.1.3-The projects physical characteristics should refer back to the design builders proposal • 1.1.9-This should also reference the design builders proposal • 1.4.1-The design build proposal should be attached to make it a part of the design build documents • 2.1- I would prefer to leave this article in the contract. Our team members relied on this provision being in the contract when developing the proposal. • 2.1.4.1- With this project moving as fast as it is supposed to move, paying within 30 days is far more reasonable than 45 days. Is there a reason HCS can't pay within 45 days. We usually try to pay contractors within 7 days on projects that we own and it is serious motivator. When you pay fast you have lots of leverage with subs. • 2.1.4.1-Some interest should be paid on late payments. 1%per month is normal. Do they have problems with paying their bills on time? • 5.7.2- Line.S and line 7 -can we change 14 days to 7 days —this job needs to move fast. • 5.14.3- Why would the owner not be responsible to the DB if the owners consultant damage the work. For example- the owners technology contractor destroys the ceilings the day before the building opens. Why should the owner not be responsible to the design builder in this case? • 6.3.7- Can we add language that clarifies that the post occupancy services will not delay closeout and release of retainage. PAPR - 003258 • • • • • • • 7.2.3-Is there a reason that you deleted zoning variances? I doubt a variance is required but unless I am missing something the owner is responsible for getting variances if required. 9.7 —Given the speed of this project can we change this back to 7 days 10.3- According to the addendum I recall that the owner is responsible for removal of Haz Mat at MB middle. Should we acknowledge this in the contract so that everyone is clear about this? 12,3.2- I don't think it's reasonable for the owner to be able to terminate the contract and then use the construction documents and, further, if there is a problem make the Design Builder and Architect responsible for that problem. I would leave this "as is" in the original contract. 13.2.4.3- Why is it not fair for the DB to make a reasonable profit if the owner cancels the contract. We could define what reasonable is if you would be more comfortable. A.3.1.6- Design Builders assumptions and clarifications: The design builders proposal dated xxx is acceptable to the owner and is determined by the owner to comply with the requirements of the RFP. A.4.1.and A.4.2 We will get you the info to fill in blanks asap. Robert W. Ferris, AIA, REFP, LEED AP C[0lPresident SfL+a Architects 333 Fayetteville Street, Suite 225 Raleigh, tdC 27GU1 Cell: 919.61Q.2"L51 Fax: 419.573.b355 rferrisC~sfta.biz www.sfla.biz "I'd put my money on solar energy... I hope we don't have to wait till oil and coal run out before we tackle that." Thomas Edison, in conversation with Henry Ford and Harvey Firestone, March 1931. 2 PAPR - 003259 Sheri L. Wainscott From: Sent: To: Subject: Robbie Ferris Thursday, November 12, 2015 520 PM Keith R. Powell Horry county schools Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Keith This relates back to Our proposal taking precedent over the RFP. We had additional allowances in our proposal that were not outlined in the RFP. For example we had $200,000 for landscaping in our proposal. Sent from my iPhone i PAPR - 003260 Sheri L. Wainscott From: Sent: To: Subject: Attachments: Robbie Ferris Thursday, November 12, 2015.9:06 PM Keith R. Powell Re: HCS contracts image001.png Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Ok 1 understand, I will go back and look at my rfp version again do think many of my comments would accrue to the benefit of the district As well as to us Robbie Sent from my iPhone On Nov 12, 2015, at 10:12 AM, Keith R. Powell wrote: Thanks. I ran it in "variance check" mode this time, so as I told your colleagues, it looks quite different from the earlier version but I didn't actually change all that much in the text. I think a lot of these were in the one published in the addendum, but that does not mean we cannot make reasonable adjustments. However I'll have to do more discussions with HCS about anything that changes from the original that is not just filling in blanks. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.chiids-halligan.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disciosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. From: Robbie Ferris [mailto:RFerrisC~sfla.biz] Sent: Wednesday, November 11, 2015 9:08 PM To: Keith R. Powell Subject: HCS contracts Keith, might have been looking at the wrong document but it looks like you made a lot of changes to the contract issued in the RFP. Most of the changes are fine but here are a few thoughts. Our insurance carriers are still reviewing the contract and I will get you their comments, if any asap: • 1.1.3-The projects physical characteristics should refer back to the design builders proposal • 1.1.9- This should also reference the design builders proposal • 1.4.1-The design build proposal should be attached to make it a part of the design build documents 1 PAPR - 003261 • • • • • • • • • • • • • 2.1- I would prefer to leave this article in the contract. Our team members relied on this provision being in the contract when developing the proposal. 2.1.4.1- With this project moving as fast as it is supposed to move, paying within 30 days is far more reasonable than 45 days. Is there a reason HCS can't pay within 45 days. We usually try to pay contractors within 7 days on projects that we own and it is serious motivator. When you pay fast you have lots of leverage with subs. 2.1.4.1-Some interest should be paid on late payments. 1% per month is normal. Do they have problems with paying their bills on time? 5.7.2- Line S and line 7 -can we change 14 days to 7 days —this job needs to move fast. 5.14.3- Why would the owner not be responsible to the DB if the owners consultant damage the work. For example- the owners technology contractor destroys the ceilings the day before the building opens. Why should the owner not be responsible to the design builder in this case? 6.3.7- Can we add language that clarifies that the post occupancy services will not delay closeout and release of retainage. 7.2.3-Is there a reason that you deleted zoning variances? I doubt a variance is required but unless I am missing something the owner is responsible for getting variances if required. 9.7 —Given the speed of this project can we change this back to 7 days 10.3- According to the addendum I recall that the owner is responsible for removal of Haz Mat at MB middle. Should we acknowledge this in the contract so that everyone is clear about this? 12.3.2- I don't think it's reasonable for the owner to be able to terminate the contract and then use the construction documents and, further, if there is a problem make the Design Builder and Architect responsible for that problem. I would leave this "as is" in the original contract. 13.2.4.3- Why is it not fair for the DB to make a reasonable profit if the owner cancels the contract. We could define what reasonable is if you would be more comfortable. A.3.1.6- Design Builders assumptions and clarifications: The design builders proposal dated xxx is acceptable to the owner and is determined by the owner to comply with the requirements of the RFP. A.4.1.and A.4.2 We will get you the info to fill in blanks asap. Robert W. Ferris, AIA, REFP, LEED AP CEO/President SfLaa Architects 333 Fayetteville Street, Suite 225 Raleigh, P!C 27601 Cell: 979.610.2251 fax: 919.573.6355 rferrisC~sfla.biz www.sfta. biz "I'd put my money on solar energy... I hope we don't have to wait till oil and coal run out before we tackle that." Thomas Edison, in conversation with Henry Ford and Harvey Firestone, March 1931. PAPR - 003262 Sheri L. Wainscott From: Sent: To: Subject: Robbie Ferris Friday, November 13, 2015 12:15 PM Keith R. Powell Horry allowance Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Keith, 1 recall the board approving funds to restore the owner contingency. I assume that contingency will be held outside of our contract, however if we want it inside of our contract for some reason we can do that but we would have to increase The contract amount by the amount of the owner contingency. I am fine with it either way. Robbie Sent from my iPhone 1 PAPR - 003263 Sheri L. Wainscott From: Sent: To: Subject: Robbie Ferris Friday, November 13, 2015 3:10 PM Keith R. Powell HCS contracts Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Keith, Would it make sense if you set up a meeting for next Thursday where we go to Horry and I and the owner sign contracts? am told, by subcontractors, that the normal procedure in Horry County is that if applications for payment are received by the 23`d you get paid by the 10`h. You might want to confirm that the 23`d is there magic date for applications for payment. Here is the info for the remaining blanks: A2.2- Keith these are the days for each project per the schedule in our proposal: Carolina Forest MS Myrtle Beach MS St James IS Socastee ES Socastee MS Article A.4: Carolina Forest Middle School: Superintendent: Mark Branch Project Manager: Charlie Rollins Assistant Superintendent: Gary Pipkin Myrtle Beach Middle School: Superintendent: Ed Bruce Project Manager: Rusty Woolard Assistant Superintendent: Ray Carrino St. James Intermediate: Superintendent: Randall Jernigan Project Manager: Steve Bond Assistant Superintendent: Rodney Nichols Socastee ES: Superintendent: Dale McCoy Project Manager: Mike Dickman Assistant Superintendent: David (sham 1 PAPR - 003264 -- _ - Socastee Middle School: Superintendent: Phil Assiynn Project Manager: Mike Dickman Assistant Superintendent: Bob Green Article A.4.2 SfL+a Architects: Architect, Raleigh NC Metcon/TA Loving joint venture: General Contractor, Pembroke NC Article 3.1.5.1 Keith In addition to the allowances in the RFO, listed below, we have a landscaping allowance of $200,000 for each school except that we have 250,000 for myrtle beach middle school. Our overhead and profit is outside this number. This is the amount that we can issue to subcontractors for the actual work. If we don't spend all of this HCS will get it back. You can list this in the allowance section or the contingency section, I don't think it matters... CF MB SJ SM SE total not including the landscape allowance 1030.000 -Owner Furniture Allowance $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 1,250,000 $ 1,000,000 $ 350,000 $ 350,000 $ 350,000 $ 350,000 $ 250,000 1031.000 -Owner Hardware Allowance $ 650,000 $ 650,000 $ 500,000 1032.000 -Owner Controls Allowance $ 650,000 $ 650,000 $ 750,000 $ 750,000 $ 600,000 1033.000 -Owner Fire Alarm Allowance $ 750,000 $ 750,000 $ 350,000 $ 150,000 1034.000 -Owner Playground Equip. All $ 150,000 $ 150,000 $ 150,000 1035.000 -Owner Special Inspections All $ 150,000 $ 150,000 $ 125,000 $ 125,000 $ 100,000 $ 125,000 $ 125,000 1036.000 -Owner Commissioning Allo 1037.000 -Owner Technology Allowance $ 1,865,000 $ 1,865,000 $ 1,865,000 $ 1,645,000 $ 1,275,000 $ 5 ,390,000 $ 5 ,390,000 $ 5 ,540,000 $ 4 ,920,000 $ 4 ,225,000 $ 25,465,000 Robert W. Ferris, AIA, REFP, LEED AP CEO/President SfL+a Architects 333 Fayetteville Streit, Suite 225 Raleigh, tdC.'17601 Celt: 919.610.2251 Far.: 914.573.6355 rferrisC~sfla.biz www.sfla.biz "I'd put my money on solar energy... I hope we don't have to wait till oil and coal run out before we tackle that." Thomas Edison, in conversation with Henry Ford and Harvey Firestone, March 1931. r~ PAPR - 003265 Sheri L. Wainscott From: Sent: To: Subject: Attachments: Keith R. Powell Friday, November 13, 2015 3:42 PM Robbie Ferris Re: HCS contracts image002.png Follow Up Flag: Flag Status: Follow up Flagged Categories: . Red Category Not a bad idea. I have morning booked up Thursday but could probably arrive mid afternoon. Working on the owner rep issue. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halli~an.com (803)254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. On Nov 13, 2015, at 3:10 PM, Robbie Ferris wrote: Keith, Would it make sense if you set up a meeting for next Thursday where we go to Horry and I and the owner sign contracts? am told, by subcontractors, that the normal procedure in Horry County is that if applications for payment are received by the 23`d you get paid by the 10t". You might want to confirm that the 23`d is there magic date for applications for payment. Here is the info for the remaining blanks: A2.2- Keith these are the days for each project per the schedule in our proposal: Carolina Forest MS Myrtle Beach MS St James IS Socastee ES. Socastee MS Article A.4: Carolina Forest Middle School: Superintendent: Mark Branch i PAPR - 003266 Project Manager: Charlie Rollins Assistant Superintendent: Gary Pipkin Myrtle Beach Middle School: Superintendent: Ed Bruce Project Manager: Rusty Woolard Assistant Superintendent: Ray Carrino St. James Intermediate: Superintendent:' Randall Jernigan Project Manager: Steve Bond Assistant Superintendent: Rodney Nichols Socastee ES: Superintendent: Dale McCoy Project Manager: Mike Dickman Assistant Superintendent: David Isham Socastee Middle School: Superintendent: Phil. Asslynn Project Manager: Mike Dickman Assistant Superintendent: Bob Green Article A.4.2 SfL+a Architects: Architect, Raleigh NC Metcon/TA Loving joint venture: General Contractor, Pembroke NC Article 3.1.5.1 Keith In addition to the allowances in the RFO, listed below, we have a landscaping allowance of $200,000 for each school except that we have 250,000 for myrtle beach middle school, Our overhead and profit is outside this number. This is the amount that we can issue to subcontractors for the actual work. If we don't spend all of this HCS will get it back. You can list this in the allowance section or the contingency section, I don't think it matters... CF MB SJ SM SE to tal not including the landscape allowance 1030.000 -Owner Furniture Allowance $ 1,500,000 $ 1,500,Od0 $ 1,500,000 $ 1,250,000 $ 1,000,000 $ 350,000 $ 350,000 $ 350,000 $ 250,000 1031.000 -Owner Hardware Allowance $ 350,000 $ 650,000 $ 650,000 $ 500,000 1032,000 -Owner Controls Allowance $ 650,000 $ 650,000 $ 750,000 $ 750,000 $ 600,000 1033.000 -Owner Fire Alarm Allowance $ 750,000 $ 750,000 $ 350,000 1034.000 -Owner Playground Equip. All $ 150,000 $ 150,000 $ 150,000 $ 150,000 1035.000 -Owner Special Inspections All $ 150,000 $ 150,000 $ 125,000 $ 125,000 $ 100,000 1036,000 -Owner Commissioning Allo $ 125,000 $ 125,000 1037.000 -Owner Technology Allowance $ 1,865,000 $ 1,865,000 $ 1,865,000 $ 1,645,000 $ 1,275,000 $ 5 ,390,000 $ 5 ,390,000 $ 5 ,540,000 $ 4 ,920,000 $ 4 ,225,000 $ 25,465,000 Robert W. Ferris, AIA, REFP, LEED AP 2 PAPR - 003267 CEO/ President SfL+1 Architects 333 Fayetteville Street, Suite 225 Raleigh, IBC. 27b0'I Cell: 914.610.2"t51 fax: 919.573.b355 rferris~sfla. biz www.sfla.biz "I'd put my money on solar energy... I hope we don't have to wait till oil and coal run out before we tackle that." Thomas Edison, in conversation with Henry Ford and Harvey Firestone, March 1931. PAPR - 003268 Sheri L. Wainscott From: Sent: To: Subject: Robbie Ferris Friday, November 13, 2015 3:43 PM Keith R. Powell Re: HCS contracts Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Ok Let me know Sent from my iPhone On Nov 13, 2015, at 3:42 PM, Keith R. Powell wrote: Not a~ bad idea. I have morning booked up Thursday but could probably arrive mid afternoon. Working on the owner rep issue. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-hal~iean.com (803)254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected byattorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. On Nov 13, 2015, at 3:10 PM, Robbie Ferris wrote: Keith, Would it make sense if you set up a meeting for next Thursday where we go to Horry and I and the owner sign contracts? am told, by subcontractors, that the normal procedure in Horry County is that if applications for payment are received by the 23`d you get paid by the 10th. You might want to confirm that the 23`d is there magic date for applications for payment. Here is the info for the remaining blanks: A2.2- Keith these are the days for each project per the schedule in our proposal: Carolina Forest MS Myrtle Beach MS St James IS 1 PAPR - 003269 Socastee ES Socastee MS Article A.4: Carolina Forest Middle School: Superintendent: Mark Branch Project Manager: Charlie Rollins Assistant Superintendent: Gary Pipkin Myrtle Beach Middle School: Superintendent: Ed Bruce Project Manager: Rusty Woolard Assistant Superintendent: Ray Carrino St. James Intermediate: Superintendent: Randall Jernigan Project Manager: Steve Bond Assistant Superintendent: Rodney Nichols Socastee ES: Superintendent: Dale McCoy Project Manager: Mike Dickman Assistant Superintendent: David Isham Socastee Middle School: Superintendent: Phil Asslynn Project Manager: Mike Dickman Assistant Superintendent: Bob Green Article A.4.2 SfL+a Architects: Architect, Raleigh NC Metcon/TA Loving joint venture: General Contractor, Pembroke NC Article 3.1.5.1 Keith In addition to the allowances in the RFO, listed below, we have a landscaping allowance of $200,000 for each school except that we have 250,000 for myrtle beach middle school. Our overhead and profit is outside this number. This is the amount that we can issue to subcontractors for the actual work. If we don't spend all of this HCS will get it back. You can list this in the allowance section or the contingency section, I don't think it matters... CF MB SE total not including the landscape allowance 1030.000 -Owner Furniture Allowance $ 1,500,000 $ 1,500,000 ,000,000 1031.000 -Owner Hardware Allowance $ 350,000 $ 350,000 250,000 1032.000 -Owner Controls Allowance $ 650,000 $ 650,000 500,000 1033.000 -Owner Fire Alarm Allowance $ 750,000 $ 750,000 600,000 SJ SM $ 1,500,000 $ 1,250,000 $ 1 $ 350,000 $ 350,000 $ $ 650,000 $ 650,000 $ $ 750,000 $ 750,000 $ PAPR - 003270 _, - _ - 1034.000 -Owner Playground Equip, All $ $ 150,000 350,000 1035.000 -Owner Special Inspections All $ 150,000 $ 150,00 $ 150,000 $ 150,000 $ 150,000 1036.000 -Owner Commissioning Allo $ 125,000 $ 125,000 $ 125,000 $ 125,000 $ 100,000 1037.000 -Owner Technology Allowance $ 1,865,000 $ 1,865,000 $ 1,865,000 $ 1,645,000 $ 1 ,275,004 $ 5 ,390,000 $ 5 ,390,000 $ 5 ,540,000 $ 4 ,920,000 $ 4 ,225,000 $ 25,465,000 Robert W. Ferris, AIA, REFP, LEED AP CEO/President SfL+a Architects 333 Fayetteville Street, Suite 225 Raleigh, PdC 27601 Cell: 919. b10.2251 Fax: 919.573.6355 rferrisC~sfla.biz www.sfta.biz "I'd but my money on solar energy... I hope we don't have to wait till oil and coal run out before we tackle that." Thomas Edison, in conversation with Henry Ford and Harvey Firestone, March 1931. 3 PAPR - 003271 From: Sent: To: Subject: Attachments: Robbie Ferris Friday, November 13, 2015 4:57 PM Keith R. Powell FW: Horry County School Schedule VS Proposal HCS - 4 School Combo -Schedule 09.01.15.pdf; HCS - 5 School Combo - 11.11.15 REV# l.pdf Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Keith, have included the email chain with our project manager so in case I don't fully describe the dates were proposing you will have the benefit of the schedule in his words. We propose reducing the total duration from 575 days to 566 days in exchange for a bit of grace in how we get there. In our individual schedules ,in our proposal, we made a mistake. We scheduled pilings on the wrong school so we corrected that mistake here. We propose you use the "revised" dates below for the contract. As far as Socastee MS goes my ideas are as follows: Option 1:547 days from a notice to proceed if pilings are not needed and 566 days if pilings are needed. Option 2: A schedule will be determined once a site is selected but it is expected that the schedule will approximate the schedule for Socastee Elementary School Robbie From: Ryan Parker [mailto;rparker@metconus.com] Sent: Wednesday, November li, 2015 7:13 PM To: Robbie Ferris Cc: Aaron Thomas; Sam Isham; David Philyaw (dphilyaw@taloving.com); Mike Mitchell (mmitchell@taloving.com); mrichter@taloving.com; rlangston@taloving.com Subject: RE: Horry County School Schedule VS Proposal Robbie, We need to discuss this tomorrow in depth so that everyone is on the same page before you submit to anyone with Horry County or their council. • Notes o St. James and Carolina Forest had the pile activities switched which accounts for the difference in their duration o The proposal asked for a schedule for the 4 school combo. An assumption was made that land would be bought and mass grading drawings could be prepared close to or before the 10/5 start date. That didn't happen so the elementary school took the place of the middle school. • Myrtle Beach Middle School o Original 10/5 thru 4/3 - 546 o Revised 11/19 thru 5/19 - 547 St. James Intermediate School o Original 10/5 thru 3/10 - 522 • i PAPR - 003272 • • • o Revised 11119 thru 6/2 - 561 Carolina Forest Middle School o Original 10/5 thru 4/25 - 568 o Revised 11/19 thru 5/5 - 533 Socastee Elementary o Original 10/5 thru 5/2 - 575 o Revised 11/19 thru 6/7 - 566 Socastee Middle School o No land at time of original subcontract o Original4 School combo schedule didn't include elementary. With Regards Ryan Parker ~ Senior Project Manager Metcon, Inc. ~ 763 Comtech Drive ~ PO Box 1149 ~ Pembroke, NC 28372 office 910.521.8013 ~ mobile 910.374.2766 ~ email:rparker@metconus.com website ~ linkedin ~ twitter ~ instagram From: Robbie Ferris [mailto:RFerrisCc~sfla.biz] Sent: Wednesday, November il, 2015 4:24 PM To: Ryan Parker Cc: Aaron Thomas; Sam Isham; David Philyaw (dphilyawCa~talovinq.com); Mike Mitchell (mmitchell@taloving.com); mrichterC~talovinq.com; rlangstonCa~taloving.com Subject: RE: Horry County School Schedule VS Proposal ~ Ryan, We need the days for each individual project since we have S contracts. This would be the days "From the Schedule submitted with the proposal" From: Ryan Parker [mailto:rparker@metconus.coml Sent: Wednesday, November il, 2015 2:03 PM To: Robbie Ferris Cc: Aaron Thomas; Sam Isham; David Philyaw (dphilyawC~taloving.com); Mike Mitchell (mmitchellCa~taloving.com); mrichterCa~talovin_ .com; rlanastonCa~taloving.com Subject: Horry County School Schedule VS Proposal Robbie, In response to your question via text. "The contract states the number of calendar daysfrom a notice to proceed as opposed to a stipulated day. Ryan please tell me the number of calendar days in our proposal that was from the date we had shown them signing the grading application until we had shown the project being corrcplete. " • From the Schedule submitted with the proposal o Civil Mas Grading Drawings in for review October 5th 2015 o Final Completion of a114 projects 5/2/17 z PAPR - 003273 • o Total Calendar Days — 575 From the Updated Schedule — (conference call at 3:00 PM with Civil Engineer and Southern Asphalt) o Civil Mass Gradign Drawings in for Review — 11/19/2015 o Final Completion for all 4 projects — 6/7/2015 ■ This doesn't include Socastee Middle which we don't have a site for. It is handled differently based on assumptions of when we will be given the site. o Total Calendar Days — 566 Days With Regards Ryan Parker ~ Senior Project Manager Metcon, Inc. ~ 763 Comtech Drive (PO Box 1149 ~ Pembroke, NC 28372 office 910.521.8013 ~ mobile 910,374.2766 I email:rparkerC~metconus.com website ~ linkedin ~ twitter ~ inst4gram 3 PAPR - 003274 Classic Schedule Layout CS •Combo Four Schools Activly Name Adlvity ID Piannetl SIaA Duretbn ~Z ~0-SoP'~5 02-May-17 135 10-SeP15 14Ma~-16 20 1bSe~15 'Civil- Masa Grading Dnwings ~ProjadAwsrd o osoa•is' 10.OSOct-15 .ContreQ Negotiaion '10 OiOc475 Owner Design Revkw 20~ OS~Oc415 ' Prcfmiiary egenry raviawsOSF,DOT,SCOHEC, lonl Review ' 38 OSOct-15 ~ CN9-Mass Grading Permk d0 OS~Oc4'15 Civil-Final Drawings 0 18-Od-15 : Contnd Exwiled 65 1&Oil-15 ;ArdiilequraVMEP Deagn 40 19.Oq•'IS V ; Mediankal Pent Housa Dsagn aril SD 25' 26~Oc1-75 . StruUunl Desyn :Mass GradMg Permll Issued —~Yy~T'~— "' "—'~0 ~ 23-Nov-16 20.3D~Nov-15 ~StruCural Parmiling 40~ 3allov~15 j ChA- Final PermO Review 30: 74-0eo-75 ' Mechaninl PeMhouae Permiltlny 40'. t&Jan-76 ~ NchkatunVMEP Petm~ing 0. 14Mat-18 ~ AttliBeGuraVBulHhg Pafmft blued" 392' 02~Jw-15 HCS - COMB4.2 C0115VUGt1011 02-OcbtS HCS - COM64 HCS -Combo Four Schools HCS - CQM84.~ Design/Permking ~ ~ ~ i A1560 A1060 ~A1W0 AtOBO , __ A7540 A'159U A7820 A1550 A7580 ~ A7900 At640 `~.. A1800 A7010 A1630 A1910 A1870 '~ A7680 ~ ~ ~ j ~ ~ A1860 ~, Caroina Foreal Mlddb- SAe TYnber OpanUom —r A1B30 ;Myrlk Beall Mldtlk-Demo ~ A1750 ' StNdural Shop Drawings - SteeVPrecanf A77Bo St Jertxs Intermed'ele- SRe Charing ~ A1870 : Carofma Forest Mddle -Ste Remediptfons A1760 ~ Sl~l Fab ~ A1770 Reeasl Fab A7840 ! Myftla Beech MidAk •Site Ckaii~g and Budding Pad A7790 ~ SI James Infermed'ole- Buidtrig Pad A7880 ; Carolino Forest Mitldk-Instal Piles A1650 ~ Myrlb Beach Mkldk - Foundatioro through CompeM'an ~ A7820 , Sl Jam's IMermedhle - Eracl Steel Through Camplellon ~ A1890 i Carofma Forest Mkldk- Foundatioru to Compehbn A1920 . Soastee Mkfdk - Foundatbns to Compbfgn 30 ~ 02-Naw15 3516-Nov~15 75 14Dao15 15; ~4Dea1b 40 ~4Deo-15 25 ~ 04Jari-16 Z5' 04An-16 20, 04Jan-16 15' 18+hn-18 20 2SJan-18 306' 01-Fab-i6 285' 08-Feb-18 317 08-Feb76 310' 24Feb-18 O Critical Remaining Work ~►Summary O Actual Work •Milestone O Remaining Work ♦ O1Sep-15 13:3 Qlr 1, 2016 Jon Feb Mar r 2, 2016 Apr May Jun Qtr 3, 2076 Jul Aug Sep Qtr 4, 2016 Oct Nov Dec Qlr 1, 2017 Jen Feb Mar ~Ir 2, 2017 Qlr 3, 2017 QV 4, 2017 Apr May Jun Jul Aug Sep Od Nov Dec a^ 02-May-17, HCS~ COMB4 HCS-Combo Four Scho 14-Mar~16, HCS-COMB4.~ DcsigNPerjnAirg .. 160c415 'IfaOcflS 30.Oq-15 20-Nov-15 27-Nov-15 :1SJen-16 ~ 77-Deo75 27-Nov-15 ~25-Deo-15 2&Jan-16 ,22.k~16 ~'11•Mar-16 O~May-17 ~ 71-Oeo-15 ~`O1~Jao-16 01Jam16 ;1SJan-16 ' OSFeb'16 05-Feb~t6 ~~OSFeb~16 •29-J~M16 ' OSFea18 ~ 19-Feb1B 03Apr-17 ' 10-Mati77 ~ ~~2SApo-17 02-May-17 QIr d, 2Dt5 Ocl Nav Dec 3, 2015 pug Sep Finish Civil-Mass Gredng Drawings: Project Award ntra~t Negdtiabn; .;.. ..~.. "i" t er Design:ReWew ",'....:... ..:.. ..:.. ..:... ..:.. ...~" Pre6jninaryagenq revieivsOSF,~OT;SCOHEC, btal CNA •Mass GradNg Permit Review j CivAy Final Drmvujgs ra{x Exeanatl lvch~leclureVNIFP Design Me anial Pent Howe Design and SD SWci relDbk~n Mass . reding Permd Issued ~ j lruaUnl POrmplr~ ~ .; . ..;_.. Ai+i-Final ParmR I~e~iew. lAernanical Pentlwuse Permitling ArchiledureVMEP Permeirg AlchBecluraVByi7tling Parmrt;lnauec( .. . ' ~ 02-W1ay-17, HCS~ COM84,2 Conatrudbn .... .. .~ R?tofina ~oresi Middy - SACTeMgr Opera[bns ; ;Myrtk Beath Midtlk-D'emo : Structurzl $hop Llravrings- SteelPrepsl St James Intermetliale- Sde Clearing Carolina Forest Middb~ Site [2emad'wdons: ..... .. .. StCal Fabj t t PrBcast F§b ~ MiddkSXe Cbering and Bolding Psd :Myrtle Beach St Jamec7niemied'ale= Budtljng Pad t Caro6ea Forest Middle- InstaO PAes .... .....r .....:.....:......~. '~ ~ ~ j Page 1 of t - ~ MY~jk 9eddi Mi~dk- Fpunde(ans ih%ough Compthlo~ ; Sf:lameS InterMediale - Ered S[eel"f'hrough Carhpletbn : CaroBna Forest MI[Idle - F.oundatbru to CompeAbn; So~estee MKidle j FounQations to Completion ASK filter. All Attivi6as ~Pnmavera Sys(ems, Ina PAPR - 003275 Classic Schedule Layout HCS -Combo Four Schools Planned Actual Activity % Start Duration duration Complete Activity Name Activity ID 11-Nov-1518:4 COMB4 HCS COI17bO FOUL SCIlOOIS HCS - COMB4.1 Design/Permiting F"~C$ Finish 430' 24! 01-Sep-15A 23-Jun-17 ~~s: 2a.. o~-se~-~s A1560 ~ 0% i 19-Nov-15 ! 23-Dec-15 25 `: 0 35 ~ 0~ 0°/a' 24Dec-15 ~ 10-Feb-16 ' 30, 0% ; 14Jan-16 24Feb-16 0 _~_._;~_ _ ---'•— — o I--•--0 25-Feb-16 . 06-Apr-16 ~ 30 0/a 407; 0~~`:03-Dec-15 :23-Jun-17 ~~~ HCS - COMB4.3 COI1St~UCtl011 —~----- — ----j 30! 0'^~ 0%03-Dec-15 13-Jan-16 A1860 Carolina Forest Middle -Site Timber Operations 0%i 17-Dec-15 03-Feb-16 35; 0; ~i A1830 ~ Myrtle Beach Middle- Demo 25: ~ 0 ~ ~ 0% ~ 24-Dec-15~~ 27-Jan-16 ! ~A1780 Socastee Elementry-Site Timber Operations 0% 07-Jan-16 J 27-Jan-16 Ol' 15; A1750 Structural Shop Drawings - Steel/Precast A1930 A1940 A1950 A1960 ~ Socastee Middle -Mass Grading Drawings ! Socastee Middle- Mass Grading Permit Review Socastee Middle -Site Clearing Socastee Middle -Site Prep to Building Pad ~~ ^ L A1790 ! St James Intermediate -Site Prep 8~ Building Pad A1870 rv'o C ar lina Forest Middle -Site Prep and Building Pad ~~ A1760 ;Steel Fab A'1770 ;Precast Fab !. j O Actual Work O Critical Remaining Work ~~/ Summary ♦Milestone O Remaining Work ♦ 30! 0i 30 i 0- ^ 25 ~--~--0 ~ 25 0' 0%107-J an-16 17-Feb-16 0% 07-Jan-16 17-Feb-16 0% i 28-Jan-16 : 02-Mar-16 0%` 2&Jan-16 ~ 02-Mar-16 Page 1 of 2 J J ~~I, 23-Jun-17;, i 14Apr-16 24: ^ 20 ~ ^ 100%; 01-Sep-15 ~ 29-Sep-1', 0~ 0 ~ ~ 0%' OZ-Nov-15" 13`v 0 ~ 0%:02-Nov-15 18-Nov-15 13' 0 0%: 02-Nov-15 18-Nov-15 0°k ~ 19-Nov-15 16-Dec-15 20 ~ 0': O.T 0 0%~ 19-Nov-15 65.' 0'~~ 0% 19-Nov-15 17-Feb-16 35 ` 0 ~ 0% 19-Nov-15 06-Jan-16 , 65 i 0% 19-Nov-15 ' 17-Feb-16 ~ 0: 0% 19-Nov-15 ' 23-Dec-15 25' ~0~. A1640 'Structural Design 0 ~ 40 ~ 0°/a 19-Nov-15 ;13-Jan-16 A1900 ~: MechaNcal Pent House Design and SD ~O%~24Dec-15 :20-Jan-16 i 20;~ O+~ StructuralPermiting^T ~ A1010 ~~ 0; ~0! ~ 0%~ 07-Jan-16 ~ ~ A1600 Mass Grading Permit Issued 30'. 0~ 0%; 14Jan-16 24Feb-16 A1910 Mechanical Penthouse Permitting — —;-! 0 ~ ~ 0% 18-Feb-16 ; 30-Mar-16 ~^30 A1630 ~. Civil -Final Permit Review 40 ~ 0 ~ 0%; 18-Feb-16 13-Apr-16 A1670 ~ Architectural/MEP Permiting ~~~~ 0% 14Apr-16 Issued 0 ~ 0' A1680 : ArchitecturalBuilding Permit _._______.....__—__--._~_._...-----------.-----~.----.~.--------_____...._-----.T_.. --__. _--- --------,. 0 19-Nov-15 O6-Apr-16 100, HC$ - COMB4.2 SOCBSt~ MIC~CII@ Civil -Mass Grading Drawings ~ Project Award A1060 ~A1070 ContractNegotiaion ~ ~ ~ ~~W A1080 ;Owner Design Review Preliminary agency reviews-OSF,DOT,SCDHEC, local ^A1540 A1550 ^~ ~i Contract Executed A1580 Architectural/MEP Design A1590^: Civil -Mass Grading Permit Review A1620 ~ Civil -Final Drawings J' ; ?,4;Apr,-16„F{CS;- Cb(VI~d.1; Dgs19NP evil ; MBss ~tading QrBw.ings ; ;Project;Aw~r~i : ~ontractNegdti~ibri ; Owrief Design Review ~ Preliminary agenoy jrevews-O~F,dOT;SCDM ~cintract executed ~ Arctjit~ctuFallIVI~P, Qesign ~Ciuil:- Mrs's ~iadi~n~ Rermit Re4i~w ; Givil -;Final:Drawinga 5t~uctural~Design~ ; Wl~chani;c~l PAnt hlause Design a'nd SD $t~uct~ral~Permjti~g ;Ma~~ Gradirig;P~rFnit IsSUetl Mechanical;P,enthouse;P,emiitting Civil =Final Pe~rriit Review :Architectural/MEP Permiting , Ar~h~t@c~u~aMl~ujldigg;P~rmjtls~ye4i ~.~ . ~ 06;A~Jr-16,~H'CS = ~OIM64~2. So~astee $gcp~tee;M,~dclle ~ I~Aas$ G~adi~g C~ravyigg~ j ; So~astee Middle :Masi 6radirigPerMit R Socast~e;Nlictdle = Site;Clearing ~Socastee Mitldle-Site Prepjto Buildirjg 23-Juh-17., r-J ~arolina~orestMdtlle=SifeTimber0'perati ;Myrtle B~aCH Middle;-9~mtl 6gcaStge;EMejn~rjtry' ~ $its Tijnber OperatiQ SCructural: Shop Drawings ;Steel/P.rec~st ; $t;J~rrie~ ln~e~rtjediat~ ~ $its prep ~ ~yildi ~ ~~rdliha FoFe~YMiddle.- Site~Phe~ aAd~B~i :Steel:Fa4 ~P~ecasf Fab TASK filter: All Activities D Primavera Systems, lnc. PAPR - 003276 HCS -Combo Four Schools Activity Name Activity ID A1990 A1840 A1880 A1890 A1850 Classic Schedule Layout Planned Actual Duration duration 20 30 ~ 0~ 0, i 20 0j Socastee Efementry-Site Prep to Building Pad i Myrtle Beach Middle -Site Clearing and Building Pad ~ ' St.James Intermediate-- Install Piles Carolina Forest Middle - Foundations to Completion Myrtle Beach Middle -Foundations through Completion A7980 ~ Socastee Elementry -Building Piles A1820 ~ St James Intermediate -Foundations through Completion A1920 ~ Socastee Elementry-Foundations to Completion A1970 T Socastee Middle -Foundations throwgh Completion O Critical Remaining Work ~~ Summary O Actual Work Remaining Work ♦ ♦Milestone O 317: 11-Nov-15 18:4 Activity % Start Complete 0 0: 317: 20; 0' 3170 305' 0 317 ~~ 0 ~ Finish J- J J 0% i 2&Jan-16 09-Mar-16 0% 04-Feb-16 ; 02-Mar-16 0% ; 18-Feb-16 1&Mar-16 : Socastee ~lementry; Site;Pre~ ka B~vi~din ;Myrtle Beach~Middle~- Ste~Clearing arnd;6 a ; 3t.J~rnes Intermediate; Ins#all Piies ~ ; 0% 1&Feb-16 OS-May-17 0 /o . 03-Mar-16 19-May-17 0% 10-Mar-16 ' 06-Apr-16 0%' 17-Mar-16 02-Jun-17 0%! 07-Apr-16 : 07-Jun-17 0% ~ 07-Apr-16 23-Jun-17 ;Caro~iga jFpr~s ;Myrtle; Belch Page 2 of 2 ~ ; S;ocastee ~lementry;-Building P,ile~ ~St James Int ~ ~Socastee EI ,ficjcast~e ~VI TASK filter. All Activities OPrimavera Systems, Inc. PAPR - 003277 Sheri L. Wainscott From: Sent: To: Subject: Robbie Ferris Friday, November 13, 2015 3:10 PM Keith R. Powell HCS contracts Follow Up Flag: Flag Status: Follow up Completed Keith, Would it make dense if you set up a meeting for next Thursday where we go to Horry and I and the owner sign contracts? am told, by subcontractors, that the normal procedure in Horry County is that if applications for payment are received by the 23~d you get paid by the 10th. You might want to confirm that the 23`d is there magic date for applications for payment. Here is the info for the remaining blanks: A2.2- Keith these are the days for each project per the schedule in our proposal: Carolina Forest MS Myrtle Beach MS St James IS Socastee ES Socastee MS Article A.4: Carolina Forest Middle School: Superintendent: Mark Branch Project Manager: Charlie Rollins Assistant Superintendent: Gary Pipkin Myrtle Beach Middle School: Superintendent: Ed Bruce Project Manager: Rusty Woolard Assistant Superintendent: Ray Carrino St. James Intermediate: Superintendent: Randall Jernigan Project Manager: Steve Bond Assistant Superintendent: Rodney Nichols Socastee ES: Superintendent: Dale McCoy Project Manager: Mike Dickman Assistant Superintendent: David (sham Socastee Middle School: Superintendent: Phil Asslynn i PAPR - 003278 Project Manager: Mike Dickman Assistant Superintendent: Bob Green Article A.4.2 SfL+a Architects: Architect, Raleigh NC Metcon/TA Loving joint venture: General Contractor, Pembroke NC Article 3.1.5.1 Keith In addition to the allowances in the RFO, listed below, we have a landscaping allowance of $200,000 for each school except that we have 250,000 for myrtle beach middle school. Our overhead and profit is outside this number. This is the amount that we can issue to subcontractors for the actual work. If we don't spend all of this HCS will get it back. You can list this in the allowance section or the contingency section, I don't think it matters... SE total not including MB SM CF SJ the landscape allowance 1030.000 -Owner Furniture Allowance $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 1,250,000 $ 1,000,000 1031.000 -Owner Hardware Allowance $ 350,000 $ 350,000 $ 350,000 $ 350,000 $ 250,000 1032.000 -Owner Controls Allowance $ 650,000 $ 650,000 $ 650,000 $ 650,000 $ 500,OQ0 1033.000 -Owner Fire Alarm Allowance $ 750,000 $ 750,000 $ 600,000 $ 750,000 $ 750,000 1034.000 -Owner Playground Equip. All $ 350,000 $ 150,000 1035.000 -Owner Special Inspections All $ 150,000 $ 150,000 $ 150,000 $ 150,000 $ 150,000 1036.000 -Owner Commissioning Allo $ 125,000 $ 125,000 $ 125,000 $ 125,000 $ 104,000 1037.000 -Owner Technology Allowance $ 1,865,000 $ 1,865,000 $ 1,865,000 $ 1,645,000 $ 1,275,000 $ 5 ,390,000 $ 5 ,390,000 $ 5.,540,000 $ 4 ,920,000 $ 4 ,225,000 $ 25,465,000 ;;te r, ~' ~ -X- Robert W. Ferris, AIA, REFP, LEED AP CEO/President SfL+a Architects 333 Faye~teville SCreet, Suite 2Z5 Rdlelyh~ NC 27b0'I Cell: 919.610.27.51 Fax: 919.573.6355 rferrisC~sfla. biz www.sfla. biz "I'd put my money on solar energy... I hope we don't have to wait till oil and coal run out before we tackle that." Thomas Edison, in conversation with Henry Ford and Harvey Firestone, March 1931, 2 PAPR - 003279 Sheri !. Wainscott From: Sent: To: Subject: Attachments: Robbie Ferris Friday, November 13, 2015 4:57 PM Keith R. Powell FW: Horry County School Schedule VS Proposal HCS - 4 School Combo -Schedule 09.01.15.pdf; HCS - 5 School Combo - 11.11.15 REV# l.pdf Follow Up Flag: Flag Status: Follow up Completed Keith, have included the email chain with our project manager so in case I don't fully describe the dates were proposing you will have the benefit of the schedule in his words. We propose reducing the total duration from 575 days to 566 days in exchange for a bit of grace in how we get there. In our individual schedules ,in our proposal, we made a mistake. We scheduled pilings on the wrong school so we corrected that mistake here. We propose you use the "revised" dates below for the contract. As far as Socastee MS goes my ideas are as follows: Option 1: 547 days from a notice to proceed if pilings are not needed and 566 days if pilings are needed. Option 2: A schedule will be determined once a site is selected but it is expected that the schedule will approximate the schedule for Socastee Elementary School Robbie From: Ryan Parker [mailto:rparker@metconus.com] Sent: Wednesday, November 11, 2015 7:13 PM To: Robbie Ferris Cc: Aaron Thomas; Sam Isham; David Philyaw (dphilyaw@taloving,com); Mike Mitchell (mmitchell@taloving.com); mrichter@taloving.com; rlangston@taloving.com Subject: RE; Horry County School Schedule VS Proposal •... We need to discuss this tomorrow in depth so that everyone is on the same page before you submit to anyone with Horry County or their council. • Notes o St. James and Carolina Forest had the pile activities switched which accounts for the difference in their duration o The proposal asked for a schedule for the 4 school combo. An assumption was made that land would be bought and mass grading drawings could be prepared close to or before the 10j5 start date. That didn't happen so the elementary school took the place of the middle school. • Myrtle Beach Middle School o Original 10/5 thru 4/3 - 546 o Revised 11/19 thru 5/19 - 547 St. James Intermediate School o Original 10/5 thru 3/10 - 522 o Revised 11/19 thru 6/2 - 561 Carolina Forest Middle School • PAPR - 003280 o Original 10/5 thru 4/25 - 568 o Revised 11/19 tluu 515 - 533 Socastee Elementary o Original 10/5 thru 5/2 - 575 o Revised 11/19 thru 6/7 - 566 Socastee Middle School o No land at time of original subcontract o Original 4 School combo schedule didn't include elementary. With Regards Ryan Parker ~ Senior Project Manager Metcon, Tnc. ~ 763 Gomtech Drive ~ PO Box 1149 ~ Pembroke, NC 28372 office 910.521,8013 ~ mobile 910.374.2766 ~ email:rparker@metcanus.com website ~ linkedin I twitter ~ instagra,m From: Robbie Ferris [mailto:RFerrisC~sfla.biz] Sent: Wednesday, November 11, 2015 4:24 PM To: Ryan Parker Cc: Aaron Thomas; Sam Isham; David Philyaw (dphilyawCc~taloving.com); Mike Mitchell (mmitchellCa~taloving.com); mrichter@taloving.com; rlanastonCa~talovinc~ com Subject: RE: Horry County School Schedule VS Proposal ~ Ryan, We need the days for each individual project since we have 5 contracts. This would be the days "From the Schedule submitted with the proposal" From: Ryan Parker [mailto:rparker@metconus.coml Sent: Wednesday, November 11, 2015 2:03 PM To: Robbie Ferris Cc: Aaron.Thomas; Sam Isham; David Philyaw (dphilyaw@talovina.com); Mike Mitchell (mmitchellCa~taloving.com); mrichterCa~talovingcom; rlangstonCc~taloving.com Subject: Horry County School Schedule VS Proposal Robbie, Tn response to your question via text. "The contract states the number of calendar days from a notice to proceed as opposed to a stipulated day. Ryan please tell me the number of calendar• days in our proposal that was from the date we had shown them signing the grading application until we had shown the project being complete. " • • From the Schedule submitted with the proposal o Civil Mas Gxading Drawings in for review October 5th 2015 o Final Completion of a114 projects 5/2/17 o Total Calendar Days — 575 From the Updated Schedule — (conference call at 3:00 PM with Civil Engineer and Southern Asphalt) z PAPR - 003281 i s o o Civil Mass Gradign Drawings in for Review — 11/19/2015 Final Completion for all. 4projects — 6/7/2015 ■ This doesn't include Socastee Middle which we don't have a site for. It is handled differently based on assumptions of when we will be given the site. o Total Calendar Days — 566 Days With Regards Ryan Parker ~ Senior Project Manager Metcon, Tnc. ~ 763 Comtech Drive ~ PO Box 1149 ~ Pembroke, NC 28372 office 910.521.8013 ~ mobile 910.374.2766 ~ email:rparker@metconus.com website ~ linkedin ( twitter ~ instaAram 3 PAPR - 003282 Classic Schedule Layout HCS - Com6o Four Sdfools ACMIy ID Planned Duntbn AtlNity Name HCS-COMBO HCS-Combo Four Schools y HCS - COMB4.1 Design/Permiting tart Fin"~.sh 02•May-17 ~2 ~~'SeP15 ...... .'. . ._.. '. _.... _.. ... _.____."'_'_._ i3s io-se~a~s A1910 : Mecfiankal Penthouse Petm'Mhg A167Q ~ArdiiteduraVMEP Permkhg A1680 !Ards&edutaVBu9dufg PermA Issued ~ i ' ~ ~ i ~, ~ i ' j ~ ~ HCS - COM84.2 CO~StTUC~IOfI A7880 'Caroina Forest Middk-Sie Timber Operatlone A1830 Myrtb Beach Middle -Demo --A1750 iSMxtunl Shop Drawings-SleelPrccan A1780 ;St James lnle~mediate-Sde Cbarin8 A787~ Carofna Forest Middle-S7e Remediatbns A1760 ~ SteN Fab g177p ; preset FaD A7840 '. Myrtle Beach Middle -Site Clearing aM Bwldirg Pad ~ A1790 'St James lntermed~t¢-Bu1d'mg Pad A7880 ' Carofina Forest Mptl~- InslaO POes A1850 ~Myrtb Beach Middle-Founda4ons through Competlbn A7820 ;SWamea lnfefinediale-Fred Steal Through Completion A7890 Carolina Foreal Mkidle- Foundations to Compettlon A1920 ~i 5owstae Middle-Foundationsto Compktbn 30!14Deo-15 40'.18JaM16 22Jao-18 X 11-Mar-16 0: 14Mar-16 392' 0&NovNS ~ . : 02-May-17 30;0&Nov-15 35 ~ 16Nov-15 ~ 15-.'14Doo-16 25~,14Deo-15 40i14Deo-15 t 25;04-Jao-16 25, ~4-Jen-16 ~ v20! 64JaM16 75`18,1an-16 '•11-Dea15 f 07Jarr~16 '01-Jao-16 ~~1SJarr16 ~, OSFeb-i6 ' 05~Feb-16 ; OS-Feb-16 ; 29.1an-16 '05-Feb16 20 (2SJan-16 306:01-Feb-76 _285108-Feb~16 eb 317i 0&Feb16 310:24Fe6-7fi ~ 19-FNr76 ;03-Apr-17 :10-Mar-17 '2SApr-17 ;02-May-17 `~ ~ j ~. ~ D Criliai Remainhg Work ~7 Summary O Actual Work • Mibslona O Remafiing Work ♦ 7 Otr 3, 2016 Jul Aug Sep iaMar;~s, HGS- COMB4.'I ~a-rner-ts 20;70.Sep75 j02-Oct-15 ~ A1560 ;Civil -Mass Grading Dnwngs _.~. j_.....___...._._-----" A7060 ~ProjedAward ----.--...._._.._._._..__._....._ ...__.__.........-_._ _OI05~OU-15' .' _'_. .7&Od-15 10' 05-0d•'15 ~; A1070 ~ Conlred NegMlabn ;160d-15 I tO: OSOt415 A'I D80 !O-xnet Deslyn Review 3o-Od-15 20 ~ OS-Od-'IS ~ !.`.. A754o , Profminery egenq rcviews~OSF,DO7,SCDHEC, beol _ Revkw 35.03.Od-15 ; 20.Nov~15 A1590 ~ CM'I -Mass Greding PefmR 40;0504-15 .27-Now15 A1820 ~Civll-Foal Drawings 0; t&Od-15 A1550 : Conlroct Fxeatad 65 ~'140r1-15 i 16Jen-16 A7580 ArthtledureUMEP Design 40; 79.Oc415 ~ 11-Deo-15 A1900 ' Methenbl Pont House Deafgn and SD W A1fi40 Structural Desgn ""—. ~.---"'-- ---. _ "25 ~26.Od-~5 ~~'27-Nov~15 0 ~ Z3~Nov~'15 ~ A'1800 ~ Mass Oradhg PermA Iswed . I_'______'—'_'~____'_.--. "._.___.___'_. _. . 20136Nov-15 _2SDea75 ' A101D ~Strudural PermNng j22Jao-16 40i30.Nov-15 A1630 'Civi-FfialPortnit Revpw 01Sep-7513:3 Qtr 2, 2016 Apr May Jun Qtr 4, 2015 Olr 7, 2016 OcC Nov Dec Jan Feb Mar 3, 2015 qug Sep ~ C'rud-Mass Cxadlhg Drawings: PrgadAw,ard i i nlra~t NegOtiabn! 4tr 4, 2016 Qtr 1, 2U17 OG Nov Dec Jan Fab Mar Otr 2, 2017 41r 3, 2017 QV 4, 2017 Apr May Jun Jul Aug Sep Ort Nov pec ~ 02•May-17„HCS~COM84H S-Combo FourSdt DesignPermAing i t ,.. . . er Deslgn:Review .~.. ..:.. .. :... ..: . ..:.. PreGmmaryagent/ reviews-QSF,DOT;SC~F{EC, bial Civil-Mass GYading PermX Review t CM1%Flnalprewki95 rail Executed ArchileclureUMEP Design Mg niial Pent Hvude Design and SD SVud ral ~bslgn i Mass rad'ng PerRiR Issued ...:.: cd~ral..POrm' ....:.. .. .. :..'itin~""',____ • Civi-Foal P.ermA Review, Penthouse Permitting Mechanical ~ ~ ;; .5.. "",. ' ";' . ..;.. . • ... ArchReCuraVMEP Perm'A'ug; Afchflec(uraVBuildin9 permN;IssueQ ~ .. -;"- '.... .,. GB~oAna;forest Mkldle-SXq Tmber Operd\bns; ;Myrtle Beach Mfdtlle-Demo ~Struciural Shop grewings-SteeVPrecasl i SWames intermedia(e-S~le Ckarug Catofna Forest Middk~ Stle Remedfations: StGel Fab; ~ PrEpst Fab ~ Myrtle Beatlf MitlAle- Sde Clearing and BuAding PaC Sl Jarnes lntemiediale=Buildjng Pad ~ ~ 02-N1ay-17•, HCS= COM842 ConWrudion Carolina Forest Mid81e-Instal Piles i i Myrtle Beads Mddb-Fpundatpns through Compepion j ~OameSlnterMediale-Fred 5tee17hrovyh Cempktb~ i Carona Forest MHdla - F.oundztiors to Compepion i Socaslae Middle=Foundatbns;W Canpbtion ~ ~ t Page 1 of t ASK fitter. All Aalvitles m Primavera Systems, Inc. PAPR - 003283 HCS -Combo Four Schools Activity ID Classic Schedule Layout Activity Name HCS - COMB4 HCS -Combo Four Schools HCS - COMB4.1 Design/Permiting A1560 A1060 A1070 A1080 A1540 A1550 'Civil -Mass Grading Drawings : ProJectAward i Contract Negotiaion Owner Design Review Preliminary agency reviews-0SF,DOT,SCDHEC, local Contract Executed Planned Actual Activity °/a Start Duration duration Complete ~ ~ Socastee Middle -Mass Grading Drawings Socastee Middle- Mass Grading Permit Review Socastee Middle -Site Clearing ; Socastee Middle- Bite Prep to Building Pad ~ HCS - COMB4.S J J 01-Sep-15A;23-Jun-17 , , 2~-Jun-17„ ~~$` 2a o~-se~-~5 . ~a-fir-~s !+!~'i 1;4;Apr,-1•,6„F{CiS CQ~vI~}.1~ ~~sigp/p 24' 0~ 0: 0` 0~ 0 100%' 01-Sep-15 29-Se~r1: 0°/a i 02-Nov-15' ' 0% 02-Nov-15 18-Nov-15 0% 02-Nov-15 18-Nov-15 0%' 19-Nov-15 ;16-Dec-15 0%• 19-Nov-15 0 0%a 19-Nav-15 17-Feb-16 0%a' 19-Nov-15 ' 06-Jan-16 Oi 0 0%a' 19-Nov-15 ;17-Feb-16 0% 19-Nov-15^' 23-Dec-15 0 0 — 0%; 19-Nov-15 13-Jan-16 0~ 0°/a 24Dec-15 '20-Jan-16 + 0'. 0%~ 07-Jan-16 0% ~ 14-Jan-16 24Feb-16 0 0 `. 0%a ` 18-Feb-16~ 30.Mar-16 0~ 0% 18-Feb-16 13-Apr-16 u 0%a:' 14Apr-T6 0~ 0: 19-Nov-15 O6-Apr-16 0% 19-Nov-15 : 23-Dec-15 0~ 25) 35'.,~`-. 0 0%~ 24Dec-15 ~ 10-Feb-16 I 0 y_ _ 0%~ 14Jam16 _ 24-Feb-16 30 4 ! 0%~ 25-Feb-18 ' 06-Apr-16 ~~ ~30`. Oi~ 0' • 03-Dec 15~' 23-Jun-17 407i ~ C011St~UCtlOtl 0; ~~ 30' A1860~j Carolina Forest Middle -Site Timber Operations 35 1 0~ Myrtle Beach Middle -Demo ~ A1830 0 ~~ 25: A1780 Socastee Elementry-Site Timber Operations 15 y 0; A1750 !Structure) Shop Drawings - Steel/Precast' YY~ ~ 30:: 0 A1790 ! St James Intermediate -Site Prep &Building Pad 30 j ~ 0 ~ ~ A1870 ,Carolina Forest Middle -Site Prep and Building Pad 0j 25 ~ 'i A1760 ~ Steel Fab Y ~ 0 ~^ j 5— A1770 I, Precast Fab O Critical Remaining Work ~7 Summary O Actual Work ♦Milestone O Remaining Work ♦ J - 24; 65` Architectural/MEP Design T ~ 351 ;Civil -Mass Grading Permit Review ~ ' 65 ;Civil -Final Drawings 25; ~ Structural Design ~~~ ~ 'Mechanical Pent House Design and SD _ 40; 20 ;Structural Permiting ; 0, Mass Grading Permit Issued i~ 30 ~ Mechanical Penthouse Permitting 30 ~ V` A1630 ~ Civil -Final Permit Review A1670~ 'Architectural/MEP Permiting ~W ~ 40 I 0; A1680 i Architectural/Building Permit Issued ~ 'i 100 HCS' COMB4.2 SOCaSt~Mlddl@ A1580 Finish 430' 20' 0; 13 13 ^ 20i 0: A1590 A1620 A1640 A1900 A1010 A1600 A1910 A1930 A1940 A1950 A1960 11-Nov-15 18:4 0% 03-Dec 15 0%i17-Dec-15 0% ~ 24Dec-15 0%. 07-Jan-16 0% j 07-Jan-16 0%i 07-Jan-16 0%' 28-Jan-16 0%' 28-Jan-16 Page 1 of 2 ! 13-Jan-16 03-Feb-16 : 27-Jan-16 ' 27-Jan-16 ! 17-Feb-16 ! 17-Feb-16 ; 02-Mar-16 ' 02-Mar-16 lull; IVlaiss Grading Glrawings ~P~oject;Aw~r~ j ~ Contract Negdti~iori ;Owner Design Review ; ~ prglirriiriaryayenoy;reviews-bSF,DOT~S~DM , ~dntract ~x9cuted ; ~ Arcljit~ctural/~fI~F~ design ;Ci~il~- Mas's ~G~radn~ Rermit ReVi~v~ ~ ;Civil -;Final;Drawing9 St~ucturaG ~esign~ ; 11ll~chariical Pent WoUse: Design atiCl SD ; $t~uctj~ral Perjniti~g .Make Gradirig;P~rtnit IsSUetl ; Mechanical; P,entljouse;P,er~n9tting Civil -Final permit aeview :Architectural/WISP Pe~mittng ; dr~hjtgctu~a~/~ujlc}iggjP~rynjt ~ssyeSi ~06;A~5r-16,H:CS:C~M64:2~Socastee .. ~ ~~; $gca~tee;Middle ~ IVlass Grading [~r~vyigg~ ; Sobaste& Middle ~Mak~ 6radirig;PerMit R Socast~e;Middl;e = Site;Clearing ~S;ocastee IVliddle-Site Prep;to Building 23-Jun-17, ~~ ~ arolina; Forest 1~INddle = 5ite 7imbQr'Operati ;Myrtle69aCitMiddle;-Dernd 6pca~tGe;E~ejnerjtry~ $its 7i~nb~r Operatiq SCrucCuCal;Shop. DravuingS ?Steel/Precast ; $t;J~ri~e~ ~n}e[rtjedi~t~ ~ $its prep $~ ¢tjilc~i ~ ~~rdlih~ FoFeSt;Middle~- Site;ptep arid;BUi iSteel;Fab ~P~ecasf Fab ASK fitter: All Activities OO Primavera Systems, Inc. PAPR - 003284 HCS -Combo Four Schools Activity Name Activity ID 11-Nov-15 18:4 Classic Schedule Layout Planned Actual Duration duration Activity % Start Complete Finish A1990 Socastee Elementry-Site Prep to Building Pad 30; 0 0%; 2&Jan-16 A1840 Myrtle Beach Middle -Site Clearing and Building Pad 20: 0 0% 04Feb-16 ' 02-Mar-16 A1880 St.James Intermediate- Install Piles A1890 Carolina Forest Middle -Foundations to Completion Myrtle Beach Middle- Foundations through Completion A1850 ; 09-Mar-16 0 0%;, 18-Feb-16 1&Mar-16 317' 0~ 0% 1&Feb-16 05-May-17 317: 0 0% 03-Mar-16 79-May-17 D6-Apr-16 20' J' J r J ; Socastee Elementry;- Sixei P.re;p to: QuiJdin ;Myrtle Beach~Middle~- Sgte~Clearirig:and;B ; St.Jarrtes Intermediate; Ins#all Piaes ; ;Caro~irja Forgs ; Myrtle,Beach : Sncastae ~lementry; Building Piles 20 0~ 317` 0 0%; 10-Mar-16 0%; 17-Mar-16 02-Jun-17 ~St James; Int A1920 Socastee Elementry -Building Piles St James Intermediate- Foundations through Completion Socastee Elementry-Foundations to Completion 305: 0 0% j 07-Apr-16 ! 07-Jun-17 ~SoCastee EI A1970 Socastee Middle -Foundations through Completion 317 ~~ 0 0°/a ; 07-Apr-16 23-Jun-17 j ~gc~stee jM A1980 A1820 O Critical Remaining Work r~1Summary O Actual Work ♦Milestone O Remaining Work ♦ Page 2 of 2 TASK filter: All Activities O Primavera Systems, Inc. PAPR - 003285 Sheri L. Wainscott From: Sent: To: Subject: Robbie Ferris Tuesday, November 17, 2015 7:43 AM Keith R. Powell Hcs Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Keith Can you send the latest version of the contract for review Robbie Sent from my iPhone 1 PAPR - 003286 Sheri L. Wainscott From: Sent: To: Subject: Keith R. Powell Tuesday, November 17, 2015 8:18 AM Robbie Ferris Re: Hcs Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category will later this morning. Have not had any commentary from owner yet on any of the last 2 drafts and I am trying again this morning. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorneyclient privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. > On Nov 17, 2015, at 7:43 AM, Robbie Ferris wrote: > Keith > Can you send the latest version of the contract for review > Robbie > Sent from my iPhone i PAPR - 003287 Sheri L. Wainscott From: Sent: To: Cc: Subject: Attachments: Keith R. Powell Tuesday, November 17, 2015 9:59 AM Robbie Ferris (RFerris@sfla.biz} William F. Halligan RE: Hcs 673757_2 141 main -Checked Draft - (1)(1).pdf Follow Up Ftag: Flag Status: Follow up Flagged Categories: Red Category 141 checked draft attached. Not confirmed by owner yet. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-hailigan.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorneyclient privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. -----Original Message----From: Keith R. Powell Sent: Tuesday, November 17, 2015 9:48 AM To: Robbie Ferris (RFerris(c~sfla.biz); Mark Wolfe; Ara Heinz (AHeinz(c~horrycountyschools.net); John Gardner; Kenneth Generette; rmaxey(a~horrvcountvschools.net Cc: William F. Halligan Subject: RE: Hcs Robbie & HCS folks: Ex B updated draft attached for review &comment. Waiting on HCS comments on 141 and Ex A. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorneyclient privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. if you receive this message in error, please notify us by telephone as listed above immediately. > On Nov 17, 2015, at 7:43 AM, Robbie Ferris wrote: > Keith > Can you send the latest version of the contract for review Robbie > Sent from my iPhone 1 PAPR - 003288 Document A141 - 2014 TM Standard Form of Agreement Between owner and Design-Builder AGREEMENT made as of the 99th day of November in the year two thousand fifteen (2015): (In wads, indicate day, month and year.) ~ BETWEEN the Owner: '.added information needed for its (Name, legal status, address and otl7ei' lnforntation~ 'completion. The author may also .have revised the text of the original AIA`standard form. An Additions and Deletions Report that notes added Horry County Schools, South Carolina, 3 pohtiCal subdlVislon of the State oP South Carolina. 335 Four Mile Rd ~ PO Box 260005 Conway, SC 29528 District Office Phone 843.488.6700 and the Design-Builder: V "._ _ ADDITIONS AND DELETIONS: The'author of this document has _ .3 information as well as revisions to ithe 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 (Name, legal status, address and other i~fornaation) necessary information and where FIRSTFLOOR ENERGY POSITIVE LLC, 333 Fayetteville St., Suite 225 Raleigh, NC 27601 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modifcation. the author has added to or deleted from the original AIA text. for the following Project; (Nance, location and detailed descriph'on) Consultation with an attorney is also., encouraged with respect to professional licensing requirements in the jurisdiction where the Protect ; '.. is located...... New Carolina Forest Middle School (per Owner's Request for Proposals No. 1415-91) T'he Owner and Design-Builder agree as follows. _~ a i f. r i<,_ ....... ...... .. .. .. .,. ... .......,,..._....4 ;~ 5 ELECTRONIC COPYING of any portion of this AIA~ Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document A141T"' — 2014. Copyright D 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction ur distribution of this AI A" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draftwas produced by AIA software at 09:55:48 on 11/17/2015 under Order No.0239586208_1 which e~ires on 07/14/2016, and is not for resale. (1496534068) User Notes: PAPR - 003289 .~ TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 COMPENSATION AND PROGRESS PAYMENTS 3 GENERAL REQUIREMENTS OF THE WORK OF THE DESIGN-BUILD CONTRACT 4 WORK PRIOR TO EXECUTION OF THE DESIGN-BUILD AMENDMENT 5 WORK FOLLQWING EXECUTION OF THE DESIGN-BUILD AMENDMENT 6 CHANGES IN THE WORK 7 OWNER'S RESPONSIBILITIES 8 TIME 9 PAYMENT APPLICATIONS AND PROJECT COMPLETION 1 -•----.-:---•----- ---- --•- i 10 PROTECTION OF PERSONS AND PROPERTY 11 UNCOVERING AND CORRECTION OF WORK 12 COPYRIGHTS AND LICENSES 13 TERMINATION OR SUSPENSION 14 CLAIMS AND DISPUTE RESOLUTION 15 MISCELLANEOUS PROVISIONS 16 SCOPE OF THE AGREEMENT t ..... '' i t S ~ g A i S i s f i ~:_., ...._ .........:..,.~.._:....~.. . _. ._::. . . .._..... . -~ ~ i { i j TABLE OF EXHIBITS A DESIGN-BUILD AMENDMENT B INSURANCE AND BONDS ,, t +'~~ i ~, 1 ~ j ~ ; ARTICLE 1 GENERAL PROVISIONS § 1.1 Owner's Criteria `-- ~ ---•--- — -- This Agreement is based on the Owner's Criteria set forth in this Section 1.1. (Note the disposition for the folloi~~ing items by inserti~ag the i~eguested information oi• a statement such as "not applicable" or "unlcnown at time of execution. " If the Orvr~er intends to provide u set of design docarments, artd the requested information is contained in the design docam7ents, identify the design documents and.insert "see Owner's design docarments" where appropriate.) --• ~ `' § 1.1.1 The Owner's program for the Project: (Set forth the program, identify documentation in which the program is setforth, or state the manner in which the prrog~•am will be developed.) i Per "Design Requirements" published for Solicitation No. 1415-91. § 1.1.2 The Owner's design requirements for the Project and related documentation: AIA Document A141 T"'— 2014. Copyright m 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA`~' Documen4 is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distriUution of this AIA~ Document, or arty portion of it, may result in severe civil and criminal penalties, and will 6e prosecuted to the maximum extent possible underfiie law. This draft was produced byAlA software at 09:55:48,on 11/17/2015 under Order No.0239586208_i which e~ires on 07/14/2016, and is not for resale. (1496534068) User Notes: PAPR - 003290 ~'~ (Identify below, or in an attached exhibit, the docx~mentation that contains the Owner's design requirements, inclaiding any performance speciftcationsfor the P~•oject.) _. _ . Per;"Design Requirements" published for Solicitation No. 1415-91. § 1.1.3 The Project's physical characteristics: (Identify o~^ describe, if appropriate, size, location, dimensions, or other pertinent infw•mat on, such as geotechnical reports; site, boundary and topographic surveys; tra,Jj`ic and utility studies; availability ofpublic andprivate utilities and services; legal description of the site; etc.) . .... _. . Per "Design Requirements" published for Solicitation No. 1413-91. - - -- ' § 1.1.4 The Owner's anticipated Sustainable Objective for the Project, if any: (Identify the Owner's Sustainable Objective for the Pro, ject such as Sustainability Certification;' benefit to the environment, enhancement to the health and well-being of building accupanfs, or improveriient of energy efficiency. If the Owner identifies a Sustainable Objective, incorporate .4IA DocumentA141T"L2014, Exhibit C, Sustainable Projects, into this Ag~•eement to define the terms, conditions and Work related to the Owner's Sustainable Objective.) Per "Design Requirements" published for Solicitation No. 1415-91. § 1.1.5 Number not used. § 1.1.61'he Owner's budget for the Work to be provided by the Design-Builder is set forth below: (Provide totalfor Owner's budget, and if known, a line item breakdown of costs.) _ _ -Per "Design Requirements" published for Solicitation No. 1415-9i as amended Through the Board of Education's :action November 2, 2015. § 1.1.7 The Owner's design and construction milestone dates: (Paragraphs deleted) Per "Design Requirements" published for Solicitation No. 1415-91 § 1.1.8 The Owner requires the Design-Builder to retain the following Architect, Consultants and Contractors at the Design-Builder's cost: ;, . .1 Architect ~`a SFL+A Axchitects, P.A. 333 ~ayetteviile:Street Suite 225,. Raleigh, NC 27601: } ~ .2 Consultants __ _ - 'Per Design-Builder's Proposal:to Owner pursuant to Solicitation No. ] 415-91; .3 i -----::j ~--~-,- ~-~--- • ~ ~ -- - •• -~- Contractors Per Design-Builder's Proposal to Qwn~ pursuantto Solicitation No.14.15-91. i._ -----_,_..... ...:._~ -~ ~ -~~-• - -•: ., =~ § 1.1.9 Additional Owner's Criteria upon which the Agreement is based: (Identify special characteristics o~~ needs of the Project not identified elsewhere, such as historic preservation requirements.) _, _ Per "Design Requirements" published for Solicitation No. 1415-91 (Summary of Sezvices Required, A;tiele 3). { i _. AIA Document A141 T"' — 2014. Copyright ~ 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA"~ Document is protected by U.S. C~pyri~hf Law and International Treaties. Unauthorized reproduction or distribution of this AIA'~ Document, or any poRion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 09:55:48 on 11/17/2015 under Order No.0239586208 1 which expires on 07!14/2016, and is not for resale. (1496534068) User Notes: PAPR - 003291 ' 3 § 1.1:10 The Design-Builder shall confirm that the information included in the Owner's Criteria complies with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities. § 1.1.10.1 If the Owner's Criteria conflicts with applicable laws, statutes, ordinances, codes, rules and regulations, or (awful orders of public authorities, the Design-Builder shall notify the Owner of the conflict. § 1.1.11 If there is a change in the Owner's Criteria, the Owner and the Design-Builder shall execute a Modification in accordance with Article 6, § 1.1.12 If the Owner and Design-Builder intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. -- ---- - -Unless otherwise agreed, the parties will use ATA Document E203T"'2013 to establish the protocols for the development, use, transmission, and exchange of digital data and building information modeling. § 1.2 Project Team § 1.2.1 The Owner identifies the following representative in accordance with Section 7.1.1:; i Execurive Director of Facilities (or a designee identified in writing by the owner.) Horry County Schools Facilities Department; l 1.60 E I~ghway SO Conway;. SC 29526 843.488:6965 § 1.2.2 The persons or entities, in addition to the Owner's representative, who ai•e required to review the Design-Builder's Submittals are as follows: ~IStYILIY/7B, address and other information.) a N/A § 1.2.3 The Owner will retain the following consultants and separate contractors: (List discipline, scope of world and, if known, identify by name and address.) ' _ _ . Functional Performance Consultant ("TBD) § 1.2,4 T'he Design-Builder identifies the following representative in accordance with Section 3.1.2: (List name, address and other information.) 'Robbie Ferris, S.C. AR.6106 ;FIRSTFLOOR ENERGY POSITIVE LLC, •333 Fayetteville St., Suite 225, Raleigh, NC 27601 919-573-6350 j § 1.2.5 Neither the Owner's nor the Design-Builder's representative shall be changed without ten days' written notice to the other party. § 1.3 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 14.3, the method of binding dispute resolution shall be the following: [ , X ~ ] Litigation in a court of competent (Paragraphs deleted) jurisdiction, nonjury before a circuit judge in Horry County, SC. AIA Document A141TM — 2014. Copyright 0 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA`" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA`" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximurn eutent possible uncler the law. This draft was produced by AIA software at 09:55:48 on 11/17/2015 under Order No.0239586208_i which expires on 07!74/2016, and is not for resale. (1496534066) User Notes: PAPR - 003292 4 § 1.4 Definitions § 1.4.1 Design-Build Documents. The Design-Build Documents consist of this Agreement between Owner and Design-Builder and its attached Exhibits (hereinafter, the "Agreement"); other documents listed in this Agreem~t; and Modifications issued after execution of this Agreement. A Modification is (l) a written amendment to the Contract, signed by both parties, including the Design-Build Amendment, (2) a Change Order, or (3) a Change Directive. ~ § 1.4.2 The Contract.l'he Design-Build Documents form the Contract. The Contract represents the entire and inte~ated agreement between the parties and supersedes prior negotiations, representations or agreements, either _. __. __, written or oral. The Contract may be amended or modified only by a Modification. 'The De§ign-Build Documents shall not be construed to create a contractual' relationship of any kind between any persons or entities-other-than the ••-•--- -- a Owner and the Design-Builder. § 1.4.3 The Work. The term "Work" means the design, construction and related services required to fulfill the Design-Builder's dbligations under the Design-Build Documents, whether completed or partially completed, and includes ali labor, materials, equipment and services provided or to be provided by the Design=Builder. The Work may constitute the whole or a part of the Project. § 1.4.4 The Project. The Project is the total design and construction of which the Work performed under;the Design-Build Documents may be the whole or a part, and may include design and construc~ion'by the Ovjmer~and by separate contractors. § 1.4.5 Instruments of Service. Instruments of Service are representations, in any medium of expression. now ,_, .. . _ known or later developed, of the tangible and intangible creative work performed by the Design-Builder, Contractor(s), Architect, and Consultants) under their respective agreements. Instruments of Service may include, withoutlimitation, studies, surveys, models, sketches, drawings, specifications, digital models and other similar. materials. ._ `" e § 1.4.6 Submittal. A Submittal is any submission to the Owner for review and approval demonstrating Yiow the Design-Builder proposes to conform to the Design-Build Documents for those portions of the Work.. for which the Design-Build Documents require Submittals. Submittals include, but are not limited to, shop drawings product data, and.samples. Submittals are not Design-Build Documents unless incorporated into a Modification. § 1.4.7 Owner. The Owner is the entity identified as such in the Agreement and is referred to throughout the Design-Build Documents as if singular in number. The term "Owner" means the Owner or the Owner's authorized representative. The Owner may have employees that are design professionals or otherwise skilled in construction or construction management, and such employees may, from time to time, perform various tasks or duties-for or on behalf of the Owner under this Agreement. However, it is specifically understood that the Owner (including these agents and employees) has no obligation or duty to apply specialty or professional knowledge and skill, and shall not be held to have undertaken to provide or perform any aspect of the Owner's performance of this Agreement as a design professional or specially skilled and lrnowledgeable construction industry member or construction manager, and this principle applies regardless of the Owner's position titles or office division titles as may be applicable to such employees. j i as such in the A~'eementand is------ ~ § ~.4.8 Design-Builder. The Design-Builder is the Person or entitY identified referred to throughout the Design-Build Documents as if singular in number. The term "Design-Builder" means the -- Design-Builder or the Design-Builder's authorized representative. --- § 1.4.9 Consultant. A Consultant is a person or entity providing professional services for the Design-Builder for all- . or a portion of the Work, and is referred to throughout theDesign-Build Documents as if singular in number. To the '• extent required by the relevant jurisdiction, the Consultant shall be lawfully licensed to provide the required professional services. ~ . i • t 7 ; § 1.4.10 Architect. The Architect is a person or entity providing design services for the DesignBuilder for all or a portion of the Work, and is lawfully licensed to pracrice architecture in the applicable jurisdictionTlie Architectis' " "'~' referred to throughout the Design-Build Documents as if singular in number. AIA Document A141 T'" — 2014. Copyright ~ 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyric~l~t Law anti International Treaties. Unauthorized reproduction or distribution of this AIA~' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to file maximum extent possible under the lew. This draft was produced by AIA software at 09:55:48 on 11/17/2015 under Order No.0239586208_1 which e~ires on 07/1412016, and is not for resale. (1496534068) User Notes: PAPR - 003293 ~ j § 1.4.11 Contractor. A Contractor is a person or entity performing all or a portion of the construction, required in connection with the Work, for the Design-Builder. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor is referred to throughout the Design-Build Documents as if singular in number and means a Contractor or an authorized representative of the Conixactor. § 1.4.12 Confidential Information. Confidential Information is information containing confidential or business proprietary information that is clearly marked as "confidential." k § l:~1.13 Contract Time.'Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, as set forth in the Design-Build Amendment for Substantial Completion of the Work: § 1.4.14 Day. The term "day" as used in the Design-Build Documents shall mean calendar dayunless otherwise specifically defined. § 1.4.15 Contract Sum. The Contract Sum is the amount to be paid to the Design-Builder for performance ofthe Work after execution of the Design-Build Amendment, as identified in Article A.1 of the Design-Build Amendment. ARTICLE 2 COIVIPENSATION AND PROGRESS PAYMENTS § 2.1 Compensation for Work Performed Prior To Execution of Design-Build Amendment § 2.1.1 Unless otherwise agreed, payments for Work performed prior to Execution of the Design-Build Amendment sha11 be made monthly. For the Design-Builder's performance of Work prior to the execution o~'the Design-guild Amendment, the Owner shall compensate the Design-Builder as follows: ` - ~ "' " `' -"`" (insert amount of, or basisfor, compensation, including compensationfor arty Sustainability Services, or. indicate__ . __., _ .; the exhibit in which the information is provided If there will be a limit on the total amozrnt of compensationfor YYork pei~ormed prior to the execution of the Design-Build Amendment, state the amount of the limit.) The Design-Builder may invoice the Design-Builder may invoice the owner for not more than five hundred thousand dollars ($500,000) for its Work performed prior to the execution.of the Design-Build Amendment. This ` , ;amount is within and part of the price agreed in the Design-Build Amendment.;.. -_ (Paragraphs deleted) § 2.1 number not used] (Paragraphs deleted) " . .._ (Table deleted) § 2.1.4 Payments to the Design-Builder Prior To Execution of Design-Build Amendment § 2.1.4.1 Payments are due and payable upon presentation of the Design-Builder's invoice. Amounts unpaid Forty-five (45;) days after the invoice date shall bear interest at the rate of 5% p.a. ~ 't (Pa►•agraph deleted) § 2.2 Contract Sum and Payment for Work Performed After Execution of Design-Build Amendment For the Design-Builder's performance of the Work after execution of the Design-Build Amendment, the Owner shall pay to the Design-Builder the Contract Sum in current funds as agreed in the Design-guild Amendment. ARTICLE 3 GENERAL REQUII2EMENTS OF THE WORK OF Tf~ DESIGN-BUII.D CONTRACT .. ---.. _ ---- _._ _.. _._. ..---- . -.-- _. .__ § 3.1 General § 3.1.1 The Design-Builder shall comply with any applicable licensing requirements in the jurisdiction where the .. . . . ... . . Project is located. . ,_ . • Building Permit and Other Permits and Fees: No general building permit is required in accordance with § ~ ' ... 6-9-110 of the South Carolina Code of Laws; however, the Contractor shall be required to provide mechanical, electrical, plumbing and other such permits which may be required for purposes of inspection at no additional cost to the District. Except fox permits and fees which are the responsibility of the Contractor in the Contract Documents, the District shall secure and pay for necessary approvals, easements, assessments, utility impact fees, permits, and such charges required for the successful completion ofthe work '__. --_ _ ... __.._ _ § 3.1.2 The Design-Builder shall designate in writing a representative who is authorized to acton the_.Design-Builder's behalf with respect to the Project. __- _ - . _ ', `~ r 5 ' ; i _.. _. AIA Document A141 T"' — 2014. Copyright 8 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA"' Document is protected by U.S. Copyright Law anti International Treaties. Unaufhorizecl reproduction or distribution of this AIA~ Document, or any po~~tton of it, may result in severe civil and criminal penalties, and will he prosecuted Eo the maximum extent possible wider the law. This draft was produced by AIA software at 09:55:48 on 11/17/2015 under Order No.0239586208_1 which e~ires on 07114/2016, and is not for resale. (1496534068) User Notes: PAPR - 003294 s § 3.1.3 The Design-Builder shall perform the Work in accordance with the Design-Build Documents. The Design-Builder shall not be relieved of the obligation to perform the Work in accordance with the Design►-Build Documents by the activities, tests, inspections or approvals of the Owner. § 3.1.3.1 The Design-Builder shall perform the Work in compliance with applicable laws, statutes, ordinances, codes, rules and regulations, or ]awful orders of public authorities. If the Design-Builder performs Work contrary to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, the Design-Builder shall assume responsibility for such Work and shall bear the costs attributable to correction. § 3.1.3.2 Neither the Design-Builder nor any Contractor, Consultant, or Architect shall be obligated to perform-any act which They believe will violate any applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities. If the Design-Builder determines that implementation of any instruction received from the Owner, including those in the Owner's Criteria, would cause a violation of any applicable 1~ws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Design-Builder shall notify the Owner in writing. Upon verification by the Owner that a change to the Owner's Criteria is required to remedy the violation, the Owner and the Design-Builder shall execute a Modification in accordance wi{h Article 6. § 3.1.4 The Design-Builder shall be responsible to the Owner for acts and omissions of the Design-Build's' employees, Architect, Consultants, Contractors, and their agents and employees, and other persons or entities' performing portions of the Work. § 3.1.5 General Consultation. The Design-Builder sha11 schedule and conduct periodic meetings. with.the Qwner_to, _, ._ _ _"° review matters such as procedures, progress, coordination, and scheduling of the Work. f § 3.1.6 When the Owner's Design Requirements or applicable law requires that services be performed by licensed professionals, the Design-Builder shall provide those services through qualified, licensed professionals. TheOwner. . understands and agrees that the services of the Design-Builder's Architect and the Design-Builder'sofher Consultants are performed in the sole interest of, and for the exclusive benefit of, the Design=Builder. i documents.required to..obtain Owner, shall prepare and file § 3.1.7 The Design-Builder, with the assistance of the .. necessary approvals of governmental authorities having jurisdiction over the Project. .. .... .. _. of all the interpretation enforcement and applicable'~~.._..... The Office of School Facilities (OSF) shall determine the codes and referenced standards on state buildings, including the District's school facilities. § 3.1.8 Progress Reports § 3.1.8.1 The Design-Builder shall keep the Owner informed of the progress and quality of the Work. As stated in the Design Requirements, the Design-Builder shall submit written progress reports, photographs of Work in progress, and other data to the Owner electronically, or through the Owner's option, projecf management software, showing estimated percentages of completion and other information identified below: { ~ a .1 Work completed for the period; ~ ~ is _ .2 Project schedule status; .3 Submittal schedule and status report, including a summary of outstanding Submittals; `--- --~ --•-~--- ° - - -- .4 Responses to requests for information to be provided by the Owner; .5 Approved Change Orders and Change Directives; - --•.6 Pending Change Order and Change Directive status reports; .7 Tests and inspection reports; .8 Status report of Work rejected by the Owner; ;' .9 Status of Claims previously submitted in accordance with Article 14; .10 Cumulative total of the Cost of the Work to date including the Design-Builder's;compensation and Reimbursable Expenses, if any; f .11 Current Project cash-flow and forecast reports; and .12 Additional information as designated by the Owner through its project management software data requirements. 1 -- ~- "• ~ a (Paragraphs deleted) AIA Document A141T"' — 2074. Copyright ~ 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distrihution of this AIAW Document, or any portion of it, may result in severe civil and criminal penalties, and will 6e prosecuted to the maximum extent possible u~iclerthe law. This draft was produced byAlA software at 09:55:48 on .11/1712015 under Order No.0239586208_1 which expires on 0711412016, and Is not for resale. (1496534068) User Notes: PAPR - 003295 7 § 3.1.9 Design-Builder's Schedules § 3.1.9.1 The Design-Builder, promptly after execution of this Agreement, shall prepare and submit for the Owner's information a schedule for the Work. The schedule, including the time required for design and construction, shall not exceed time limits current under the Design-Build Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Design-Build Documents, shall provide for expeditious and practicable execution of the Work,:and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. ~ .. _. __.. _. § 3.1.9.2 The Design-Builder shall perform the Work in general accordance with the most recent scfiedules submitted to the Owner. ; ,~ t § 3.1.10 Certifications. Design-Builder shall include in each Application for Payment a cettification from each of the Architect, Consultants, and Contractors, and furnish to the Owner, these certifications with respect to the documents and services provided by the Architect, Consultants, and Contractors (a) that, to the best of their knowledge, information and belief, the documents or services to which the certifications relate (i) are consistent with the Design-Build Documents, except to the extent specifically identified in the certificate, and iii) comply; with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities governing the design of the Project; and (b) that the Owner and its consultants shall be entitled to rely upon the accuracy of the representations and statements contained in the certifications. The Design-Builder's Architect, Consultants, and Contractors shall not be required to execute certificates or consents that would require knowledge, services or ~ _ "-"~ ' `` ` ' - ~" responsibilities beyond the scope of their services. § 3.1.11 Design-Builder's Submittals § 3.1.X1.1 Prior to submission of any Submittals, the Design-Builder shall prepare a Submittal schedule, and shall submit the schedule for the Owner's approval. The Owner's approval shall not unreasonably be delayed or withheld: The Submittal schedule shall (1) be coordinated with the Design-Builder's schedule provided in Section 3:1:9.1, (2) allow the Owner reasonable time to review Submittals, and (3) be periodically updated to reflect the progress of the Work. If the Design-Builder fails to submit a Submittal schedule, the Design-Builder shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of:Submittals. § 3.1.I1.2 By providing Submittals the Design-Builder represents to the Owner that it has (1) reviewed.and approved them, (2) determined and verified materials, field measurements and field construction criteria related., thereto, or will do so and (3) checked and coordinated the information contained within such Submittals with the requirements of the Work and of the Design-Build Documents. _.. § 3.1.11.3 The Design-Builder shall perform no portion of the Work for which the Design-Build Documents require `j Submittals until the Owner or its designee has approved the respective Submittal. § 3.1.11.4 The.Work shall be in accordance with approved Submittals except that the Design-Builder shall not,be relieved of its responsibility to perform the Work consistent with the requirements of the Design-Build Ddcuments. The Work may deviate from the Design-Build Documents only if the Design-Builder has notified the Owner in writing of a deviation from the Design-Build Documents at the time of the Submittal and a Modification i$ executed authorizing the identified deviation. The Design-Builder shall not be relieved of responsibility for errors or `- •• - -- -~ --_~.- ~. —. omissions in Submittals by the Owner's approval of the Submittals. § 3.1.11.5 All professional design services or certifications to be provided by the Design-Builder, including all-- - , , drawings, calculations, specifications, certifications, shop drawings and other Submittals, shall contain the signatar•e and seal of the licensed design professional preparing them. Submittals related to the Work designed or certified by ••, the licensed design professionals, if prepared by others, shall bear the licensed design professional's written approval. The Owner and its consultants shall be entitled to rely, upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. § 3.1.12 Warranty. 'ihe Design-Builder warrants to the Owner that materials and equipment fiirnished under the _. ...,. Contract will be of good quality and new unless the Design-Build Documents require or peimtt o erwise: e~ Design-Builder further warrants that the Work will conform to the requirements of the Design-Build Documents and ....-..-. - '~ will be free from defects, except for those inherent in the quality of the Work or otherwise expressly permitted by AIA Document A141 *"' — 2014. Copyright 0 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AlA- Document is protected by U.S. Co~~yright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'' Document, or any portion of it, may result in severe civil ancf criminal penalties, and will Ise prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at D9:55:48 on 11!17/2015 under Order No.0239586208_1 which expires on 07!14/2016, and is not for resale. (1496534066) User Notes: PAPR - 003296 Sheri L. Wainscott From: Sent: To: Subject: Attachments: Robbie Ferris Wednesday, November 04, 2015 9:03 AM Keith R. Powell Fwd: 1415-91 Notices of Intent to Award ATT00001.htm; 1415-91 NOI CFM.pdf; ATT00002.htm; 1415-91 NOI MBM.pdf; ATT00003.htm; 1415-91 NOI SES.pdf, ATT00004.htm; 1415-91 NOI SJI.pdf; ATT00005.htm; 1415-91 NOI SMS.pdf; ATT00006.htm Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Sent from my iPhone Begin forwarded message: From: Ara Heinz Date: November 3, 2015 at 5:14:12 PM EST To: Robbie Ferris , "rferris(~firstfloor.biz" Cc: Danielle Davis Subject: 1415-91 Notices of Intent to Award Mr. Ferris, Please find attached the Notices of Intent to Award from Horry County Schools for the Design-Build Delivery of New School Facilities projects (# 1415-91). Barring any protests or issues with providing the information listed in the NOI, the official contract could be executed and go into effect on November 19, 2015. (The NOI's have also been uploaded to our website at http://a pps.hcs.kl2.sc.us/apps/protrac/. ) am sure that either our attorneys or someone from the District will be in contact with you soon to discuss the next steps, but if you have any questions or concerns about documents, communications, procedures, etc., please do not hesitate to contact me. Thank you for participating in this solicitation! We look forward to working with you and your team on this project! Regards, Ara. Ara Heinz ~ Procurement Services ~'P: 8A3/485-6930 Horry County Schools ~ 335 Four Mile Rd. ~ Conway, SC 29526 Website:Procurement.horrvcountyschools.net PAPR - 003297 ~ a ~!@T'ICE ~F INTENY' T`O A11~ARD -~ 1: ~ Hurry County Scl~oois BID NUMBER: 1415-91 PROJECT NAME: Design-Bulid Delivery of New School Facilities (New CaroOna Forest Middle Schooly INTENT TO AWARD A CONTRACT T0: INVITATION FORBIDS DATE: Flrsttloor Energy Positive, LLC June 24, 2015 333 Fayetteville Street, Sle, 225 PROTEST PERIOD END DATE: NOTICE OF INTENT DATA: Raleigh, NC 27601 November 18, 2015 November 3, 2015 TOTAL CONTRACT PRICE ACCEPTED BY THE DISTRICT FOR AWARD; $ 45,930,227.00 NOTICE TO AWARDEE: Hurry County Schools (the Dislric() has considered the bid submitted by the Ofierorlisted above for the above described protect in response to its Requesf for Proposals, That Offeror Is, hereby, notified that it is the DistricPs Intention to award a contract for the total contract price Indicated above provided that Offeror is found by the District to meet all requirements of responsibility as indicated in the Proposal Instructions and in accordance with the DistricPs Procurement Code. CAUTION: No work should begin nor costs Incurred associated with the contract prior to the commencement of the project indicatetl on fhe Notice to Proceed issued after the Notice of Jnlent fo Award period has ended. Hurry Couniy Schools assumes no liability for the expenses incurred prior to that commencement dale. A pre-construction conference may be scheduled by the. DistricPs Construction Management Office prior to the commencement of the protect provided nd protests are submitted to the D(stricl before the protest end date slated above, You are required !o execute or have executed and returned to the Dislrict.lhe following documents no later than the scheduled pre•construction conference or within ten (10) days from the date of the No(!ce oilntent to Award unless otherwise stated: (2 originals) AIA Document A141— 2014 (2 originals) AIA Docurnenf A141— 2014 Exhitilt A AIA Document A141— 2014 Exhibit B (2 originals) {2 originals) AIA Document A312 — 2010 Detailed Schedule of Values (CS! &eakdown) Detailed Protect Schedule Copy of the Contractors business license in the jurisdiction where the work is being performed (if required). Failure to execute and return the above documents no later than the scheduled pre-construction conference or within ten (10) days from the date of the Notice of Intent to Award shall indicate your abandonment of all rights under this Notice of intent to Award. The District shall be entitled to such other rights as may be granted bylaw. NOTICE 70 ALL OTHER OFFERORS: Any Bidder who feels aggrieved because of this Notice of Intent io Award has a right to protest and to present an appeal in accordance with (he DistrlcPs Procurement Cade. My protest must be submitted to the District's Procurement OfTicer listed In 1ha Request for Proposals, in writing, HORItY COUNTY SCHOOLS ~ ~~--.n.__ ~ , ,.~; Hong County Schools BID NUMBER: 1415-91 ~ PROJECT NAME: I Design-Build Delivery of New School Facilities (New Socastee Elementary School) INTENT TO AWARD A CONTRACT T0: Firsl(loor Energy Positive, LLC INVITATION FOR BIDS DATE: June 24, 2015 333 Fayetteville Street, Ste. 225 Raleigh, NC 27601 NOTICE OF INTENT DATE: PROTEST PERIOD END DATE: November 3, 2015 November 18, 2015 TOTAL CONTRACT PRICE ACCEPTED BY THE DISTRICT FOR AWARD: $ 37,953,991,00 NOTICE 70 AWARDEE: Horry County Schools {the District) has considered the bid submitted by the OKeror listed above for the above described project in response to its Request for Proposals. That Offeror is, hereby, notified that it is the District's intention to award a contract for fhe total contract price indicated above provided that Offeror is found by the District to meet ail requirements of responsibility as indicated in the Proposal Insfnictions and in accordance with the District's Procurement Code. CAUTION: No work should begin nor costs incurred associated with the contract prior to the commencement o(ihe project indicated on the Notice to Proceed issued after the Notice of hitent fo Award period has ended, Horry County Schools assumes no liability for the expenses incurred prior to that commencement date. A pre-construction conference may be scheduled by the District's Construction Management Office prior to the commencement of the project provided no protests are submitted to the District before the protest end dale staled above. You are required to execute or have executed and returned to the District the following documents no later than the scheduled pre-construction conference or within ten (10) days from the date of the Notrce of Intent to Award unless otherwise stated; AIA Document A141— 2014 (2 originals} AIA Document A141— 2014 Exhibit ~1 (2 originals) ~ilA Document Aldi — 2014 Exhibit 8 (2 originals) (2 originals) A!A DocumentA312— 20f0 Detailed Schedule of Values (CSI Breakdown) Detailed Project Schedule Copy of the Contractor's business license in the jurisdiction where the work is being perfoRned (if required}. Failure to execute and return the above documents no later Ihan the scheduled pre-construction conference or within ten (10) days from the dale of the Notice of 6~tent to Award shall indicate your abandonment of all rights under this Nollce of fnlenl to Award. The District shall be entitled to such other rights as may be granted bylaw. NOTICE TO ALL OTHER OFFERORS: Any Bidder who feels aggrieved because of this Notice ofInfent to Award has a right to protest and to present an appeal in accordance with the DistricPs Procurement Code. Any protest must be submitted to the DistricPs Procurement O~cer Ilsted in the Request for Proposals, in Nrriting. HORRY COUNTY SCHOOLS By: ~~ John (.Gardner Ch' FnancialOtiicer PAPR - 003300 ~~ ~Ya NOTICE OF INTENT T'O AWARD Horry County Schools Blp NUMBER: I PROJECT NAME: 1415-91 Design-Build Delivery of New School Facilities (New St. James Intermediate School) INTENT TO AWARD A CONTRACT 70: INVITATION FOR BIDS DATE: Firs(floor Energy Positive, LLC June 24, 2015 333 Fayetteville Street, Ste. 225 NOTICE OF INTENT DATE: PROTEST PERIOD END DATE: Raleigh, NC 27601 November 3, 2015 November 18, 2015 TOTAL CONTRACT PRICE ACCEPTED BY THE DISTRICT FOR AWARD: $ 47,742,333.00 NOTICE TO AWARDEE: Horry County Schools (the District) has considered the bid submitted by the Offeror listed above for the above described project in response to its Request for Proposals. That Offeror is, hereby, notified (hat Il is the DisiricPs intention fo award a contract for the total contract price indicated above provided that Offeror is found by the District to meet a(I requirements of responsibility as indicated in the Proposal Instructions and in accordance with the OistricCs Procurement Cotle. CAU7(ON: No work should beg(n nor costs incurred associated with the contract prior to the commencement of the pro)eci Indicated on the Notice to Proceed Issued after the Notice of Intent to Award period has ended. Horry County Schools assumes no liability for the expenses incurred prior to that commencement date. A pre-consUuciion conference may be scheduled by the DistricPs Construction Management Office prior to the commencement of the project provided no protests are submitted to the District before the protest end date staled above. You are required to execute or have executed and returned tb the District the following documents no later than the scheduled pre•construction conference or within ten (10) days from the date of the Notice of Intent fo Award unless oihenvise stated: a) b) c) d) e) ~ g) (2 originals) AIA Document Ai41- 2014 A!A Document A141- 2014 Exhibit A (2 originals) AIA Document A141- 2014 Exhibit B (2 originals) (2 originals) AIA Document A312- 2010 Detailed Schedule of Values (CSt Breakdown) Detailed Project Schedule Copy of the Contractors business license in the jurisdiction where the work is being performed (if required), Failure to execute and return the above documents no later than the scheduled pre-construction cbn(erence a within ten (10) days from the date of the Notice of bitenf to Award shall indicate your abandonment of all rights under This Notice oflnfent to Award. The D(strict shall be entitled to such other rights as may be granted by law. NOTICE TO ALL ETHER OFFERORS: Any Bidder who feels agc~rleved because of this Notice o(Intent to Award has a right to protest and to present an appeal in accordance with the Dlsirict's Procurement Code, Any protest must be submitted to the District's Procurement Officer listed in the Request forProposais, in writing. HORRY COUNTY SCHOOLS ,' By; ~+~ Joh ~ ardner Chi f Financial Oflicer~,Oe,. 4:..,~.. ~ PAPR - 003301 ,~x~ NOTICE OF lNTEfVT TO AWARD ; ` Horny County Schools BID NUMBER: 1415-91 PROJECT NAME: pesign-Build delivery of Netiv School Facilities (New Socastes Middle School) INTENT TO AWARD A CONTRACT T0: INVITATION FOR BIDS DATE: Firstlloor Energy Positive, LLC June 24, 2015 333 Fayetteville Street, Ste. 225 NOTICE OF INTENT DATE: Raleigh, NC 27601 November 3, 2015 TOTAL CONTRACT PRICE ACCEPTED BY THE DISTRICT FOR AWARD: PROTEST PERIOD END DATE: November 18, 2015 S 42,488,116.00 NOTICE TO AWARDEE: Horry County Schools (the District) has considered the bid submitted by the Offeror listed above for fhe above described project in response to its Request for Proposals. That Offeror is, hereby, notified that it is the District's intention to award a contract for the total contract price indicated above provided that Offeror is found by the District to meet all requirements of responsibility as indicated in the Proposal Instructions and in accordance with the District's Procurement Code. CAUTION: No work should begin nor costs incurred associated with the contract prior to the commencement of the project indicated on the Notice to Proceed issued after the Notice of fnlenl to Aviard period has ended. Horry County Schools assumes no liability for the expenses incurred prior to that commencement dale, A pre-construction conference may be sch~Juled by the District's Construction Management Office prior to the commencement of the project provided no protests are submitted to the District before the protest end dale slated above. You are required to execute or have executed and returned to the District the following documents no later than the scheduled pre-construction conference or within ten (10) days from the date of the Notice of Intent to Award unless otherwise stated: AIA Document ~11d1— 2014 (2 originals) AIA Document A i41— 2014 Exhibit A (2 originals) (2 originals) AIA Document Ai41— 2014 Exhibit 8 AIA Document A312 — 20?0 (2 originals) Detailed Schedule of Values (CS18reakdown) Detailed Project Schedule Copy of the Contractors business license in the jurisdiction where the work is being performed (if required). Failure to execute and return the above documents no later than the scheduled pre~onstruciion conference or within ten (10) days from the date of the Plolice of Intent to Award shall indicate your abandonment of all rights under this hlofice o(Intenf to Award. The District shall be entitled to such other rights as may be granted bylaw. NOTICE TO ALL OTHER OFFERORS: Any Bidder avho feels aggrieved because of Ibis Notice o(Intent to Award has a right 10 protest and to present an appeal in accordance with the DislricPs Procurement Code. Any protest must be submitted to the DislricPs Procurement Officer listed in the Request for Proposals, in writing. H012RY COUNTY SCHOOLS ' ~ ~ ~~ BY~ — l John K. Gardner Chi Financial0(ficer ~ ~,-'"f''°---------- PAPR - 003302 Sheri L. Wainscott From: Sent: To: Subject: Robbie Ferris Thursday, November 05, 2015 10:50 AM Keith R. Powell Horry Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Any chance we can get owner to sign early site packages so we can formally submit Sent from my iPhone 1 PAPR - 003303 Sheri L. Wainscott From: Sent: To: Subject: Keith R. Powell Friday, November 06, 2015 1025 AM Robbie Ferris RE: Horry Follow Up Flag: Flag Status: Follow up Flagged Does not sound like they are interested. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803)254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorneyclient privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. -----Original Message----From: Robbie Ferris [mailto:RFerris(a~sfla.biz] Sent: Thursday, November 05, 2015 10:50 AM To: Keith R. Powell Subject: Horry Any chance we can get owner to sign early site packages so we can formally submit Sent from my iPhone 1 PAPR - 003304 Sheri L. Wainscott From: Sent: To: Subject: Keith R. Powell Wednesday, Ngvember 11, 2015 10:54 AM Robbie Ferris RE: Hcs new schools early site packages Follow Up Flag: Flag Status: Follow up Flagged Sentiment is not to do anything unusual. You should build your schedules from the 19th I guess, or maybe the 20th if that is when you will have business license, insurance and bonds. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorneyclient privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. -----Original Message----From: Robbie Ferris [mailto:RFerris(c~sfla.biz] Sent: Monday, November 09, 2015 5:18 PM To: Keith R. Powell; Ara Heinz Cc: Danielle Davis; Mike Wawrzyniak; Ryan Parker; JOHN H.RICHARDS Subject: Hcs new schools early site packages Keith/ Ara, We would very much like to submit the early site packages for agency approval as soon as possible. Every day gained on the front end of the project is a day gained at the back end of the project. Please consider our request to have the owner sign the early site package applications so we can submit them sooner than later. We fully understand that our submission of these early site packages would be done at risk. Thank you for your consideration of this request. Robbie Sent from my iPhone PAPR - 003305 Sheri L. Wainscott From: Sent: To: Subject: Robbie Ferris Wednesday, November 11, 2015 5:01 PM Keith R. Powell Firstfloor Follow Up Flag: Flag Status: Follow up Flagged Keith, Firstfloor energy positive has 3 member managers. This allows any of the 3 managers to sign for the company. will be the primary Richard Green and Eric Lindstrom are also member managers and can sign for the company. Apparently some smart lawyer suggested this so that documents could still be signed if someone goes on vacation etc...Vacations are not common occurrences with me so it will not likely bean issue. Robbie ~~~~~ .k ':. C i~I I 1 7 C 1 •. Robert W. Ferris, AIA, REFP, LEED AP CE0/President 333 Fayetteville Street, Suite 225 Raleigh, NC 27G01 Cell: 919.610.2251 Fax: 919.573.6355 rferrisC~sfla.biz www.sfla.biz 1 PAPR - 003306 Sheri L. Wainscott From: Sent: To: Subject: Robbie Ferris Wednesday, November 11, 2015 9:08 PM Keith R. Powell HCS contracts Follow Up Flag: Flag Status: Follow up Flagged Keith, might have been looking at the wrong document but it looks like you made a lot of changes to the contract issued in the RFP. Most of the changes are fine but here are a few thoughts. Our insurance carriers are still reviewing the contract and I will get you their comments, if any asap: • 1.1.3-The projects physical characteristics should refer back to the design builders proposal • 1.1.9- This should also reference the design builders proposal • 1.4.1-The design build proposal should be attached to make it a part of the design build documents • 2.1- I would prefer to leave this article in the contract. Our team members relied on this provision being in the contract when developing the proposal. • 2.1.4.1- With this project moving as fast as it is supposed to move, paying within 30 days is far more reasonable than 45 days. Is there a reason HCS can't pay within 45 days. We usually try to pay contractors within 7 days on projects that we own and it is serious motivator. When you pay fast you have lots of leverage with subs. • 2.1.4.1-Some interest should be paid on late payments. 1% per month is normal. Do they have problems with paying their bills on time? • • • • • • • • • • 5.7.2- Line 5 and line 7 -can we change 14 days to 7 days —this job needs to move fast. 5.14.3- Why would the owner not be responsible to the DB if the owners consultant damage the work. For example- the owners technology contractor destroys the ceilings the day before the building opens. Why should the owner not be responsible to the design builder in this case? 6.3.7- Can we add language that clarifies that the post occupancy services will not delay closeout and release of retainage. 7.23-Is there a reason that you deleted zoning variances? I doubt a variance is required but unless I am missing something the owner is responsible for getting variances if required. 9.7 —Given the speed of this project can we change this back to 7 days 10.3- According to the addendum I recall that the owner is responsible for removal of Haz Mat at MB middle. Should we acknowledge this in the contract so that everyone is clear about this? 12.3.2- I don't think it's reasonable for the owner to be able to terminate the contract and then use the construction documents and, further, if there is a problem make the Design Builder and Architect responsible for that problem. I would leave this "as is" in the original contract. 13.2.4.3- Why is it not fair for the DB to make a reasonable profit if the owner cancels the contract. We could define what reasonable is if you would be more comfortable. A.3.1.6- Design Builders assumptions and clarifications: The design builders proposal dated xxx is acceptable to the owner and is determined by the owner to comply with the requirements of the RFP. A.4.1.and A.4.2 We will get you the info to fill in blanks asap. ~~ ~ . ,~c,ti~~ r -~ ~ ~ 1 PAPR - 003307 Robert W. Ferris, AIA, REFP, LEED AP CFO/PresiclenC SfL+a Architccrs 333 Fayetteville Street, Suite 225 Raleigh, NC 27609 Cell: 919.610.2257 Fax: 919.573.6355 rferrisC~sfla.biz www.sfta.biz "I'd put my money on solar energy... I hope we don't have to wait till oil and coal run out before we tackle that." Thomas Edison, in conversation with Henry Ford and Harvey Firestone, March 1931. PAPR - 003308 Sheri L. Wainscott From: Sent: To: Subject: Keith R. Powell Thursday, November 12, 2015 10:12 AM Robbie Ferris RE: HCS contracts Follow Up Flag: Flag Status: Follow up Flagged Thanks. I ran it in "variance check" mode this time, so as I told your colleagues, it looks quite different from the earlier version but I didn't actually change al! that much in the text. I think a lot of these were in the one published in the addendum, but that does not mean we cannot male reasonable adjustments. However I'll have to do more discussions with HCS about anything that changes from the original that is not just filling in blanks. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803) 2544035 NOTICE: This e-snail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-m2il in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. From: Robbie Ferris [mailto:RFerrisCa~sfla.biz] Sent: Wednesday, November 11, 2015 9:08 PM To: Keith R. Powell Subject: HCS contracts Keith, might have been looking at the wrong document but it looks like you made a lot of changes to the contract issued in the RFP. Most of the changes are fine but here are a few thoughts. Our insurance carriers are still reviewing the contract and I will get you their comments, if any asap: • 1.1.3-The projects physical characteristics should refer back to the design builders proposal • 1.1.9- This should also reference the design builders proposal • 1.4.1-The design build proposal should be attached to make it a part of the design build documents • 2.1- I would prefer to leave this article in the contract. Our team members relied on this provision being in the contract when developing the proposal. • 2.1.4.1- With this project moving as fast as it is supposed to move, paying within 30 days is far more reasonable than 45 days. Is there a reason HCS can't pay within 45 days. We usually try to pay contractors within 7 days on projects that we own and it is serious motivator. When you pay fast you have lots of leverage with subs. • 2.1.4.1-Some interest should be paid on late payments. 1%per month is normal. Do they have problems with paying their bills on time? • 5.7.2- Line.S and line 7 -can we change 14 days to 7 days —this job needs to move fast. • 5.14.3- Why would the owner not be responsible to the DB if the owners consultant damage the work. For example- the owners technology contractor destroys the ceilings the day before the building opens. Why should the owner not be responsible to the design builder in this case? • 6.3.7- Can we add language that clarifies that the post occupancy services will not delay closeout and release of retainage. i PAPR - 003309 • • • • • • • 7.2.3-Is there a reason that you deleted zoning variances? I doubt a variance is required but unless I am missing something the owner is responsible for getting variances if required. 9.7 —Given the speed of this project can we change this back to 7 days 10.3- According to the addendum I recall that the owner is responsible for removal of Haz Mat at MB middle. Should we acknowledge this in the contract so that everyone is clear about this? 12.3.2- I don't think it's reasonable for the owner to be able to terminate the contract and then use the construction documents and, further, if there is a problem make the Design Builder and Architect responsible for that problem. I would leave this "as is" in the original contract. 13.2.4.3- Why is it not fair for the DB to make a reasonable profit if the owner cancels the contract. We could define what reasonable is if you would be more comfortable. A.3.1.6- Design Builders assumptions and clarifications: The design builders proposal dated xxx is acceptable to the owner and is determined by the owner to comply with the requirements of the RFP. A.4.1.and A.4.2 We will get you the info to fill in blanks asap. Robert W. Ferris, AIA, REFP, LEED AP CEO/President SfL+a Arctiitec[s 333 FayeCteville Street, Suite 225 Raleigh, tdC "L7GU1 CetL• 419.610.2251 Fax: 419.573.6355 rferrisC~sfta. biz wwwsfla.biz "I'd put my money on solar energy... I hope we don't have to wait till oil and coal run out before we tackle that." Thomas Edison, in conversation with Henry Ford and Harvey Firestone, March 1931. PAPR - 003310 Sheri L. Wainscott From: Sent: To: Subject: Robbie Ferris Thursday, November 12, 2015 5:20 PM Keith R. Powell Horry county schools Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Keith This relates back to Our proposal taking precedent over the RFP. We had additional allowances in our proposal that were not outlined in the RFP. For example we had $200,000 for landscaping in our proposal. Sent from my iPhone PAPR - 003311 Sheri L. Wainscott From: Sent: To: Subject: Attachments: Robbie Ferris Thursday, November 12, 2015 9:06 PM Keith R. Powell Re: HCS contracts image001.png Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Ok understand, I will go back and look at my rfp version again do think many of my comments would accrue to the benefit of the district As well as to us Robbie Sent from my iPhone On Nov 12, 2015, at 10:12 AM, Keith R. Powell wrote: Thanks. Iran it in "variance check" mode this time, so as I told your colleagues, it looks quite different from the earlier version but I didn't actually change all that much in the text. I think a lot of these were in the one published in the addendum, but that does not mean we cannot make reasonable adjustments. However I'll have to do more discussions with HCS about anything that changes from the original that is not just filling in blanks. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803) 254-4035 NOTICE: This e-mail inay contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. From: Robbie Ferris [mailto:RFerris@sfla.biz] Sent: Wednesday, November 11, 2015 9:08 PM To: Keith R. Powell Subject: HCS contracts Keith, might have been looking at the wrong document but it looks like you made a lot of changes to the contract issued in the RFP. Most of the changes are fine but here are a few thoughts. Our insurance carriers are still reviewing the contract and I will get you their comments, if any asap: • 1.1.3-The projects physical characteristics should refer back to the design builders proposal • 1.1.9- This should also reference the design builders proposal • 1.4.1-The design build proposal should be attached to make it a part of the design build documents i PAPR - 003312 • • • • • • • • • • • • • 2.1- I would prefer to leave this article in the contract. Our team members relied on this provision being in the contract when developing the proposal. 2.1.4.1- With this project moving as fast as it is supposed to move, paying within 30 days is far more reasonable than 45 days. Is there a reason HCS can't pay within 45 days. We usually try to pay contractors within 7 days on projects that we own and it is serious motivator. When you pay fast you have lots of leverage with subs. 2.1.4.1-Some interest should be paid on late payments. 1%per month is normal. Do they have problems with paying their bills on time? 5.7.2- Line 5 and line 7 - can we change 14 days to 7 days —this job needs to move fast. 5.14.3- Why would the owner not be responsible to the DB if the owners consultant damage the work. For example- the owners technology contractor destroys the ceilings the day before the building opens. Why should the owner not be responsible to the design builder in this case? 6.3.7- Can we add language that clarifies that the post occupancy services will not delay closeout and release of retainage. 7.2.3-Is there a reason that you deleted zoning variances? I doubt a variance is required but unless I am missing something the owner is responsible for getting variances if required. 9.7 —Given the speed of this project can we change this back to 7 days 10.3- According to the addendum I recall that the owner is responsible for removal of Haz Mat at MB middle. Should we acknowledge this in the contract so that everyone is clear about this? 12.3.2- I don't think it's reasonable for the owner to be able to terminate the contract and then use the construction documents and, further, if there is a problem make the Design Builder and Architect responsible for that problem. I would leave this "as is" in the original contract. 13.2.4.3- Why is it not fair for the DB to make a reasonable profit if the owner cancels the contract. We could define what reasonable is if you would be more comfortable. A.3.1.6- Design Builders assumptions and clarifications: The design builders proposal dated xxx is acceptable to the owner and is determined by the owner to comply with the requirements of the RFP. A.4.1.and A.4.2 We will get you the info to fill in blanks asap. Robert W. Ferris, AIA, REFP, LEED AP CEO/President SfL~~ a Architects 333 Fayetteville Street, Suite 225 Raleigh, P!C 27601 Cell: 919.610.2257 (=ax: 919.573.6355 rferrisCsfla.biz www.sfla.biz "I'd put my money on solar energy... I hope we don't have to wait till oil and coal run out before we tackle that." Thomas Edison, in conversation with Henry Ford and Harvey Firestone, March 1931. PAPR - 003313 ! ~ Sheri L. Wainscott From: Sent: To: Subject: Robbie Ferris Friday, November 13, 2015 12:15 PM Keith R. Powell Horry allowance Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Keith, recall the board approving funds to restore the owner contingency. I assume that contingency will be held outside of our contract, however if we want it inside of our contract for some reason we can do that but we would have to increase The contract amount by the amount of the owner contingency. I am fine with it either way. Robbie Sent from my iPhone 1 PAPR - 003314 : -._: - ._ -~, . Sheri L. Wainscott From: Sent: To: Subject: Robbie Ferris Friday, November 13, 2015 3:10 PM Keith R. Powell HCS contracts Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category ~ Keith, Wouid it make sense if you set up a meeting for next Thursday where we go to Horry and I and the owner sign contracts? am told, by subcontractors, that the normal procedure in Horry County is that if applications for payment are received by the 23`d you get paid by the 10th. You might want to confirm that the 23`d is there magic date for applications for payment. Here is the info for the remaining blanks: A2.2- Keith these are the days for each project per the schedule in our proposal: Carolina Forest MS Myrtle Beach MS St James IS Socastee ES Socastee MS Article A.4: Carolina Forest Middle School: Superintendent: Mark Branch Project Manager: Charlie Rollins Assistant Superintendent: Gary Pipkin Myrtle Beach Middle School: Superintendent: Ed Bruce Project Manager: Rusty Woolard Assistant Superintendent: Ray Carrino St. James Intermediate: Superintendent: Randalllernigan Project Manager: Steve Bond Assistant Superintendent: Rodney Nichols Socastee ES: Superintendent: Dale McCoy Project Manager: Mike Dickman Assistant Superintendent: David (sham 1 PAPR - 003315 Socastee Middle School: Superintendent: Phil Asslynn Project Manager: Mike Dickman Assistant Superintendent: Bob Green Article A.4.2 SfL+a Architects: Architect, Raleigh NC Metcon/TA Loving joint venture: General Contractor, Pembroke NC Article 3.1.5.1 Keith In addition to the allowances in the RFO, listed below, we have a landscaping allowance of $200,000 for each school except that we have 250,000 for myrtle beach middle school. Our overhead and profit is outside this number. This is the amount that we can issue to subcontractors for the actual work. If we don't spend all of this HCS will get it back. You can list this in the allowance section or the contingency section, I don't think it matters... CF MB SJ SM SE total not including the landscape allowance 1030.000 -Owner Furniture Allowance $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 1,250,000 $ 1,000,000 $ 350,000 $ 350,000 $ 250,000 1031.000 -Owner Hardware Allowance $ 350,000 $ 350,000 1032.000 -Owner Controls Allowance $ 650,000 $ 650,000 $ 650,000 $ 650,000 $ 500,000 $ 750,000 $ 750,000 $ 600,000 1033.000 -Owner Fire Alarm Allowance $ 750,000 $ 750,000 $ 350,000 $ 150,000 1034.000 -Owner Playground Equip. All $ 150,000 $ 150,000 $ 150,000 1035.000 -Owner Special Inspections All $ 150,000 $ 150,000 $ 125,000 $ 125,000 $ 100,000 $ 125,000 $ 125,000 1036.000 -Owner Commissioning Allo 1037.000 -Owner Technology Allowance $ 1,865,000 $ 1,865,000 $ 1,865,000 $ 1,645,000 $ 1,275,000 $ 5 ,390,000 $ 5 ,390,000 $ 5 ,540,000 $ 4 ,920,000 $ 4 ,225,000 $ 25,465,000 Robert W. Ferris, AIA, REFP, LEED AP CE01President SfL+a Architects 333 Fayetteville Street, Suite 225 Raleigh, WC.27601 Cell: 919.610.2251 Far,: 919.573.b355 rferrisC~sfla.biz www.sfla.biz "i'd put my money on solar energy... I hope we don't have to wait till oil and coal run out before we tackle that." Thomas Edison, in conversation with Henry Ford and Harvey Firestone, March 1931. 2 PAPR - 003316 Sheri L. Wainscott From: Sent: To: Subject: Attachments: Keith R. Powell Friday, November 13, 2015 3:42 PM Robbie Ferris Re: HCS contracts image002.png Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Not a bad idea. I have morning booked up Thursday but could probably arrive mid afternoon. Working on the owner rep issue. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halli~an.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. Ifyou receive this message in error, please notify us by telephone as listed above immediately. On Nov 13, 2015, at 3:10 PM, Robbie Ferris wrote: Keith, Would it make sense if you set up a meeting for next Thursday where we go to Horry and I and the owner sign contracts? am told, by subcontractors, that the normal procedure in Horry County is that if applications for payment are received by the 23`d you get paid by the 10th. You might want to confirm that the 23`d is there magic date for applications for payment. Here is the info for the remaining blanks: A2.2- Keith these are the days for each project per the schedule in our proposal: Carolina Forest MS Myrtle Beach MS St James~IS Socastee ES. Socastee MS Article A.4: Carolina Forest Middle School: Superintendent: Mark Branch 1 PAPR - 003317 Project Manager: Charlie Rollins Assistant Superintendent: Gary Pipkin Myrtle Beach Middle School: Superintendent: Ed Bruce Project Manager: Rusty Woolard Assistant Superintendent: Ray Carrino St. James Intermediate: Superintendent:' Randall Jernigan Project Manager: Steve Bond Assistant Superintendent: Rodney Nichols Socastee ES: Superintendent: Dale McCoy Project Manager: Mike Dickman Assistant Superintendent: David Isham Socastee Middle School: Superintendent: Phil. Asslynn Project Manager: Mike Dickman Assistant Superintendent: Bob Green Article A.4.2 SfL+a Architects: Architect, Raleigh NC Metcon/TA Loving joint venture: General Contractor, Pembroke NC Article 3.1.5.1 Keith In addition to the allowances in the RFO, listed below, we have a landscaping allowance of $200,000 for each school except that we have 250,000 for myrtle beach middle school. Our overhead and profit is outside this number. This is the amount that we can issue to subcontractors for the actual work. If we don't spend all of this HCS will get it back. You can list this in the allowance section or the contingency section, I don't think it matters... CF MB SJ SM SE to tal not including the landscape allowance 1030.000 -Owner Furniture Allowance $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 1,250,000 $ 1,000,000 $ 350,000 $ 350,000 $ 350,000 $ 250,000 1031.000 -Owner Hardware Allowance $ 350,000 $ 650,000 $ 650,000 $ 500,000 1032.000 -Owner Controls Allowance $ 650,000 $ 650,000 $ 750,000 $ 750,000 $ 600,000 1033.000 -Owner Fire Alarm Allowance $ 750,000 $ 750,000 $ 350,000 1034.000 -Owner Playground Equip. All $ 150,000 $ 150,000 $ 150,000 $ 150,000 1035.000 -Owner Special Inspections All $ 150,000 $ 150,000 $ 125,000 $ 125,000 $ 100,000 1036.000 -Owner Commissioning Allo $ 125,000 $ 125,000 1037.000 -Owner Technology Allowance $ 1,8b5,000 $ 1,865,000 $ 1,865,000 $ 1,645,000 $ 1,275,000 $ 5 ,390,000 $ 5 ,390,000 $ 5 ,540,000 $ 4 ,920,000 $ 4 ,225,000 $ 25,465,000 Robert W. Ferris, AIA, REFP, LEED AP 2 PAPR - 003318 _ ,... -: _- .. - .. .,, CEO/President SfL+a Architects 333 Fayettevitfp Street, Suite 225 RateiQh, h!G 2760~t Cell: 919.510.2251 fax: 9iN.573.6355 rferrisC~sfla, biz www.sfla.biz "I'd put my money on solar energy... i hope we don't have to wait till oil and coal run out before we tackle that." Thamas Edison, in conversation with Henry Ford and Harvey Firestone, March 1931. PAPR - 003319 _. . ,; Sheri L. W~inscott From: Sent: To: Subject: Robbie Ferris Friday, November 13, 2015 3:43 PM Keith R. Powell Re: HCS contracts Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Ok Let me know Sent from my iPhone On Nov 13, 2015, at 3:42 PM, Keith R. Powell wrote: Not a~ bad idea. I have morning booked up Thursday but could probably arrive mid afternoon. Working on the owner rep issue. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-hal li~an.com (803)254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. On Nov 13, 2015, at 3:10 PM, Robbie Ferris wrote: Keith, Would it make sense if you set up a meeting for next Thursday where we go to Horry and t and the owner sign contracts? am told, by subcontractors, that the normal procedure in Horry County is that if applications for payment are received by the 23`d you get paid by the 10th. You might want to confirm that the 23`d is there magic date for applications for payment. Here is the info for the remaining blanks: A2.2- Keith these are the days for each project per the schedule in our proposal: Carolina Forest MS Myrtle Beach MS St James IS 1 PAPR - 003320 Socastee ES Socastee MS Article A.4: Carolina Forest Middle School: Superintendent: Mark Branch Project Manager: Charlie Rollins Assistant Superintendent: Gary Pipkin Myrtle Beach Middle School: Superintendent; Ed Bruce Project Manager: Rusty Woolard Assistant Superintendent: Ray Carrino St. lames Intermediate: Superintendent: Randall Jernigan Project Manager: Steve Bond Assistant Superintendent: Rodney Nichols Socastee ES: Superintendent: Dale McCoy Project Manager: Mike Dickman Assistant Superintendent: David Isham Socastee Middle School: Superintendent: Phil Asslynn Project Manager: Mike Dickman Assistant Superintendent: Bob Green Article A.4.2 SfL+a Architects: Architect, Raleigh NC Metcon/TA Loving joint venture: General Contractor, Pembroke NC Article 3.1.5.1 Keith In addition to the allowances in the RFO, listed below, we have a landscaping allowance of $200,000 for each school except that we have 250,000 for myrtle beach middle school. Our overhead and profit is outside this number. This is the amount that we can issue to subcontractors for the actual work. If we don't spend all of this HCS will get it back. You can list this in the allowance section or the contingency section, I don't think it matters... MB CF SE total not including the landscape allowance 1030.000 -Owner Furniture Allowance $ 1,500,000 $ 1,500,000 ,000,000 $ 350,000 $ 350,000 1031.000 -Owner Hardware Allowance 250,000 1032.000 -Owner Controls Allowance $ 650,000 $ 650,000 500,000 $ 750,000 $ 750,000 1033.000 -Owner Fire Alarm Allowance 600,000 SJ SM $ 1,500,000 $ 1,250,000 $ 1 $ 350,000 $ 350,000 $ $ 650,000 $ 650,000 $ $ 750,000 $ 750,000 $ 2 PAPR - 003321 ~. i $ 1034.000 -Owner Playground Equip. All $ 150,000 350,000 1035.000 -Owner Special Inspections All $ 150,000 $ 150,000 $ 150,000 $ 150,000 $ 150,000 $ 1036.000 -Owner Commissioning Allo $ 125,000 $ 125,000 $ 125,000 $ 125,000 100,000 1037.000 -Owner Technology Allowance $ 1,865,000 $ 1,865,000 $ 1,865,000 $ 1,645,000 $ 1 ,275,000 $ 5 ,390,000 $ 5 ,390,000 $ 5 ,540,000 $ 4 ,920,000 $ 4 ,225,000 $ 25,465,000 Robert W. Ferris, AIA, REFP, LEED AP CEO/President SfL+a Architects 333 Fayetteville Street, Suite 225 Raleigh, PAC 27601 Cell: 919. b10.2251 Fax: 919.573.6355 rferrisC~sfla. biz www.sfla. biz "I'd put my money on solar energy... I hope we don't have to wait till oil and coal run out before we tackle that," Thomas Edison, in conversation with Henry Ford and Harvey Firestone, March 1931. 3 PAPR - 003322 ,, .._ _ I` i Sheri L. Wainscott From: Sent: To: Subject: Attachments: Robbie Ferris Friday, November 13, 2015 4:57 PM Keith R. Powell FW: Horry County School Schedule VS Proposal HCS - 4 School Combo -Schedule 09.01,15.pdf; HCS - 5 School Combo - 11.11.15 REV# 1.pdf Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Keith, have included the email chain with our project manager so in case I don't fully describe the dates were proposing you will have the benefit of the schedule in his words. We propose reducing the total duration from 575 days to 566 days in exchange for a bit of grace in how we get there. In our individual schedules ,in our proposal, we made a mistake. We scheduled pilings on the wrong school so we corrected that mistake here. We propose you use the "revised" dates below for the contract. As far as Socastee~MS goes my ideas are as follows: Option 1: 547 days from a notice to proceed if pilings are not needed and 566 days if pilings are needed. Option 2: A schedule will be determined once a site is selected but it is expected that the schedule will approximate the schedule for Socastee Elementary School Robbie From: Ryan Parker [mailto:rparker@metconus.com] Sent: Wednesday, November il, 2015 7:13 PM To: Robbie Ferris Cc: Aaron Thomas; Sam Tsham; David Philyaw (dphilyaw@taloving.com); Mike Mitchell (mmitchell@taloving.com); mrichter@taloving.com; rlangston@taloving.com Subject: RE: Horry County School Schedule VS Proposal Robbie, We need to discuss this tomorrow in depth so that everyone is on the same page before you submit to anyone with Horry County or their council. • • Notes o St. James and Carolina Forest had the pile activities switched which accounts for the difference in their duration o The proposal asked for a schedule for the 4 school combo. An assumption was made that land would be bought and mass grading drawings could be prepared close to or before the 10/S start date. That didn't happen so the elementary school took the place of the middle school. Myrtle Beach Middle School o Original 10/5 thru 4/3 - 546 o Revised 11/19 thru 5/19 - 547 St. James Intermediate School o Original 10/5 thru 3/10 - 522 i PAPR - 003323 • • o Revised 11/19 thru 6/2 - 561 Carolina Forest Middle School o Original 1015 thxu 4/25 - 568 o Revised 11/19 thru 5/5 - 533 Socastee Elementary o Original 10/5 thru 5/2 - 575 o Revised 11/19 thru 6/7 - S66 Socastee Middle School o No land at time of original subcontract o Original4 School combo schedule didn't include elementary. i With Regards Ryan Parker ~ Senior Project Manager Metcon, Inc. ~ 763 Comtech Drive ~ PO Box 1149 ~ Pembroke, NC 28372 office 920.521.8013 ~ mobile 910.374,2766 ~ email:rparker@metconus.com website ~ linkedin ~ twitter ~ instagram From: Robbie Ferris [mailto:RFerrisCa~sfla.biz] Sent: Wednesday, November 11, 2015 4:24 PM To: Ryan Parker Cc: Aaron Thomas; Sam Isham; David Philyaw (dphilyawCa~talovina.com); Mike Mitchell (mmitchell@taloving.com); mrichterC~talovincLcom; rlanastanC~talovinq.com Subject: RE: Horry County School Schedule VS Proposal ~ Ryan, We need the days for each individual project since we have 5 contracts. This would be the days "From the Schedule submitted with the proposal" _ _ __ From: Ryan Parker [mailto:rparkerCa~metconus.coml _ _ _ Sent: Wednesday, November 11, 2015 2:03 PM To: Robbie Ferris Cc: Aaron Thomas; Sam Isham; David Philyaw (dphilyawC~taloving.com); Mike Mitchell (mmitchellCa~taloving.com); mrichterC~taloving.com; rlangstonCc~taloving.com Subject: Horry County School Schedule VS Proposal Robbie, In response to your question via text. "The contract states the number of calendar daysfrom a notice to proceed as opposed to a stipulated day. Ryan please tell me the number of calendar days in our proposal that was from the date we had shown them signing the grading application until we had shown the project being complete. " • From the Schedule submitted with the proposal o Civil Mas Grading Drawings in for review October 5th 2015 o Final Completion of a114 projects 5/2/17 `a PAPR - 003324 • o Total Calendar Days — 575 From the Updated Schedule — (conference call at 3:00 PM with Civil Engineer and Southern Asphalt) o Civil Mass Gradign Drawings in for Review — 11/19/2015 o Pinal Completion for a114 projects — 6/7/2015 ■ This doesn't include Socastee Middle which we don't have a site for. It is handled differently based on assumptions of when we will be given the site. o Total Calendar Days — 566 Days With Regards Ryun Parker ~ Senior Project Manager Metcon, Inc. ~ 763 Comtech Drive ~ PO Box 1149 ~ Pembroke, NC 28372 office 910.521.8013 ~ mobile 910.374.2766 ~ email:rparker@metconus,com website I linkedin ~ twitter ~ instagram 3 PAPR - 003325 Claulc Schetlule Layout CS - Com6o Four Schools AW+~ ID Actively Name Planned SIaA Duratbn HCS - COM64 HCS -Combo Four Schools ~ ~aSeP'15 Finish ~ A1B60 '~ Carapna Foreel Mlddb- SAe hnber Openflonss A7830 ~; Myrlb Beads Middk-Demo ^A1750 :SWQural Shop Drawings-SIeeVPrcpst ~ A1780 Sl Jemes Inkrmediate- Sie Clearhg A1870 : Carofma Forest Middh - Ske Remedbtions A7780 : Sleel Fab _'—_'_._~.... ~ — ~ f~ A1770 Rxast Fab A1B40 '• My'tle Beach Middle - Ske Clearing and Building Pad A1790 ~ SI James Inlermedale-Raiding Pad .. ~ ~ ~ A1B80 ; Carol'ma Forest MMEb - Inslal POes~~ Middle Foundattoria NrougA Compekbn A1d50 ~ Myr~b Reacts Compbfbn ! Intertned'a~e • SteelThrough St James EreU A1820 , A1B90 I Carolina Forest Mlddk - Foundatioru W Compepbn _~ i~ . A1920:Socastee Midtlb-Foundatbns to CompMtion 3~z o~w`is r 2, 2016 Apr May Jun otr 3, 2076 Jul Aug Sep qtr a, 2016 Oct Nov Dec 1¢Ma~{I6, HCS-COMB4.1 DesigNPerjnNng ; 1 ~ CIvJ- Mass Gradn9 Drawings; Project Award nlra~t Negdilabn j er Desgn:Review . . .........................: .....:.............~... Preijninary;agan~y revieivsOSF,DOT;SCOFjEC, bcal CMI-Masi tradNg PermM Review ; Cn~A~FinalOrewiggc ra{x ExecLtatl Ar~hAecluraVMEP Design . .. . ~ Me an'rcal Pent House Desgn and SD SWa ral design: 1 ~ . Mays . reeling PemiR Issued j ~ ~ ~ 1ruq~rol Permtllny Civi - Finsl P.ermt ~te~ievr .. ... .. .. ..:.. .. :"- '-y.. Mechanical Penlbause Peimdting ~ ~ Arc3~xeciuraVMEP PermBing: . .~ oa-Ma~'-n ~ 71•Deo-15 30' 02-Nov~15 35~ 1&Nw-15 ~ O1J~M16 O7Jan-16 15 74Deo-15 .15Jen-16 25; 14Deo-15 40 14Deo-15 ~ OSFab16 25 ~ 04-Jan-16 05-Feb16 '__ 25' 04Jan-16 ~ OSFeb76 20, 04Jan-16~ • 29Jon-16 15' 1&Jan-18 ' OSFN►i6 _ 2SJao-16 ' 19-Feb~16 20 308' 01-Fe6-16 ~~ 03-Apr-77 ' 10-Morv17 286' OB-Fea18 317 0&Feb-1B :2SApr•~7 02-May-17 310~24Felat6 O Critical Remeinhg Work ~7 Summary O AGual Work • MNectans O Remaining Work • 01Sep-15 73:3 Qlr a, 2015 Qtr 7, 2016 OU Nov Dec Jan Feb Mar Rlr 1, 2017 Jan Feb Mar 02-May-77 14Mar-16 ias iase~-is HCS - COMB4.1 Design/Permiting ...__....._....._ ___.. ... ... . ._.._._.._....__..._......_.___..._.....,_._.... . _. ... ..... . . .02.00F15 20' 10.Sep15 A1560 Chnl -Mass Grading Drawings 0 OS-Od•75' A7060 :ProjedAward 10, OSOct-15 160ct-15 ~ A7070 . CaMraQ Negotfecn '~160ct•15 10 OSOct-15 A1080 :Owner Design Review 20~ OS~Oct-15 3604-15 AtSW ' Prefmnary eganq rwiswt-OSF,DOT,SC~MEC, Wd .20-Nav~14 ~ 36 OSOd-15 A1590 . CN9- Masv Gndkig Permd Review d0 OS~OU-15 27-Nov-18 A1820 ~CM7-FInal Drawings 0 19-Och15 A7560 . Conlnd Exeanetl 65 ~ 140d-15 :15JaM6 Hrd~itecluraVMEP Design j A1580 : Hrd 40 19-0cM75 N-Deo75~ ~ A1900 ! Medraninl Pent House Dugn and SD Z7-Nov~15 25~Y6-Oct-15 A1640 .Stnulural Deslyn ....._._._.i___"____."'_"~._..__'_'~ 0 ~ 23~Now75 i `.... A7800 :Mass Grod6g PermR Iswed'—"'--v V""~ 25-Deo-15 20.30.Nov-75 A7070 ;SVuclupl Petmding 22-Jan-16 10: 30.Nov~75 A7690 CM-Ffial PortnB Review ~ ~~ 30~14-0eo15 ~ ~22Jeo-76 A7B10 'Mechanical PenMowe PermiltlnD 40~.1&Jan-1fi .11•Ma1-16 ~ A1670 ~Ard~ieduraVMEP PermdMg 0:1MNar-16 A1680 .Arc3~dedunYBUWIn9 Parmttlseued_'._V__"_'___ i HCS - COMB4.2 Construction 3, 2015 qug Sep ;~~- ..;.. . lv~hdequraVBOINin9 Parmd;laaued i ... t ~ o2-~ay~~i., Hcs: cor~iea.z conwvaion ~ .. i olr 2, 2017 4U 3, 2017 4U a, 2017 Apr May Jun Jul Aug Sep Od Nov Dec 02-May-1T., HCS~ COMBO HES- Comba Four Scho FaM6~a ~oresf Middy - Sdg7Ynber Operatpns ; Myrtk Beath Midtlb-Demo ;Structural $hop Clrowings-SteaWrecast S,1 James Intermetllate - St8 Clearing Carolina Forest Middb:-Site Remedialbns: ..;.. Skel Fab; Precast Fb6 i Myrtle Beach Miidk -Site Clearing and Building Pad SY Jameslnlarrtiediate= Buitljng Pad CaroBna Forest Midtlle- InstaO Piles j ~ ~ ~ Page 1 of 1 Myrlk Bagtl~ Mddk - Fpunda(ions ihfough ~omp~llion S1JameS Inlemled"ate -Erect SleN7hrough CoMpktbh ~ Carolina Forest Middle • F.oundatbns to CompeMbn: Se~stee Mkldle=Foun~ationam CoinpkWh ASK filler. All Activities 0 Pnmave`a Sys(ems, Inc. PAPR - 003326 Classic Schedule Layout HCS -Combo Four Schools Planned Actual Duration duration Activity Name Activity ID - COMB4 HCS - COI'T1I)O FOUI' SCMOOIS ~"'~CS - COMB4.1 DesignlPermiting ~"~C$ A1560 Civil -Mass Grading Drawings A1060 ProjectAward A1070~ Contract Negotiaion A1080 T A1540 A1550 A1580 ~~u ~ Preliminary agency reviews-OSF,DOT,SCDHEC, local Contract Executed ~ ~ Architectural/MEP Design ~~ 2a. o~-se~-~s 20 ~ 24: 0: 0 ~ 65 ~ 35~ ~ ~0%: 02-Nov-15 :18-Nov-15 0 0%; 02-Nov-15 ; 18-Nov-15 0': 0%~ 19-Nov-15 0~ 0% ~ 19-Nov-15 16-Dec-15 65 i 0: 0%` 19-Nov-15 ~ 17-Feb-16 'Structural Design 25' 0~. 0%' 19-Nov-15 Mechanical Pent House Design and SD A1600 ;Mass Grading Permit Issued A1910 A1630 Mechanical Penthouse Permitting ~. Civil -Final Permit Review A1670 `~ Architectural/MEP Permiting A1680 ~` ~ ^~`~ !~ A1930 t Socastee Middle- Mass Grading Drawings A1940 ! Socastee Middle- Mass Grading Permit Review A1950 ~ Socastee Middle -Site Clearing Socastee Middle- Site Prep to Building Pad A1960 HCS COM64.3 --A1860 A1830 `A1780 A1750 A1790 A1870 V ~ ^~ ~ ~ ~ ^! ; i St James Intermediate -Site Prep &Building Pad —r--------~ Carolina Forest Middle -Site Prep and Building Pad ~ Steel Fab ;Precast Fab ~ 0% 19-Nov-15 ;13-Jan-16 ~ IVl~chani,c~l Pont Wause Design a'nd SD 0%24Qec-15 ^ 20-Jan-16 ; $t~u~t4~ral;Permjti~g ~Ma~~ Gradirig;P~rFnit IsSUed 0; 0':. Oho ~ 07-Jan-16 30`. 0~ 0%i14Jan-16 ;24Feb-16 30? OI 0% 18-Feb-t6 ~; 30-Mar-16 ~~ 0%; 18-Feb-16 ~ 13-Apr-16 0'.~ 0% 14Apr-16 McGhan9c~I;Psnthouse;P,ermitting: Civil -final Pe~rriif Review ' /#rChitectutal/~IEP Permiting 40 '~ 0: y 25~:V 0_ 19-Nov-15 06-Apr-16 0 ^~~ 0% 19-Nov-15 23-Dec-15 , Ar~hjt~c}u~aM/~ujldiggjPermjt ~ssyeSi j ~., ~06Apr-16,;H,CS-~OfNB4.2;So~astee 1~~ $gc~~~ee;Middl,e ~ IlAasg Gj'adi~9 Gravyipg~ j ~ Sobastee Middle ;Mass ~radirig~Perinit R 0 0%! 24Dec-15 ' 10-Feb-16 30 0 i ~ 0% ; 14Jan-16 24Feb-16 r—,~!~~.__ j~~~— o 25-Feb-16 ; 06-Apr-16 30~ 0 0/a ~~' +03-Dsc 15 23-Jun-17 ~r ~ 0%~ 03-Dec 15 13-Jan-16 0% 17-Dec-15 03-Feb-16 0 30' ~~0 ` ^ Carolina Forest Middle -Site Timber Operations A1770 0 35 C011St~UCt1011 A1760 ,Civil Final:Drawings 5truct~ural~ De§ign~ 23-Dec-15 0~~ 407' ~ Myrtle Beach Middle -Demo Socastee Elementry -Site Timber Operations ~ Structural Shop Drawings - Steel/Precast ; Ar~tjit~ctural/NIP C}esign ~Ciuil:- Mrs's G~adi~n~ Rermit Rebi2w 40 ; 100: HC$-COMB4.2 SOCBSt~MICICII@ ;contract Negdtiaibri --.-; Qwnef Design Revi~V✓ ~ Prelirriinary agenoy;revev✓s-OSF,dOT;SGDFi 20;^+ 0; ; ArchitecturalBuilding Permit Issued full, N1~s5 grading; QrAwingS ~antract ~xecuYed ~ Civil -Final Drawings ;Structural Permiting ; 1;4~ApN16„FjCS;- CQ{VI~4.1; b~sjgq/F 0% ~ 19-Nov-15 ~ 06-Jan-16 ~0 j J ~~1 23-Jun-17, ^ 0% 19-Nov-15^i 17-Feb-16 0' J 'P' oect;Aw~ r~ 0%~ 02-Nov-15* A1620 A1010 J- 14,4p~-16 100%, 01-Sep-15 ' 29-Sep-1', A1640 A1900 — ~~a. 0T ~ ~ A1590^ Civil -Mass Grading Permit Review 01-Sep-15A 23-Jun-17 20 ~ Finish 24: 13; ,' Activity % Start Complete 430 13 J 0 ~ ~~ ;Owner Design Review 11-Nov-1518:4 35; 0; 25', 0~ r---,: 0 15 •; 30! 0 30 j 0~ ~ ~Socastee Middle -Site prep;to Buildirjg 23-Jun-17., , ~ arolina Forest Mdille = urife Timbgr~Operati ;Myrtle B~aCti Mitldle:- ~~mtl 0°/a; 24-Dec-15 ~ 27-Jan-16 0%: 07-Jan-16 27-Jan-16 6gca~tge;E~em~rjtry' ~ $its Timber (Jperatip SCrucCural: Shop; Dra~ntings t Steel/Frec2st 0%I 07-Jan-16 ! 17-Feb-16 17-Feb-16 ; $t;J~rrie$ ~nke~rtjediatg ~ $its prep ~ ~yilGli 0°~: 07-Jan-16 25i— 0~ 0%~ 28-Jan-16 02-Mar-16 25 0' 0%' 28-Jan-16 ~ 02-Mar-16 O Critical Remaining Work~~ Summary~ O Actual Work ♦Milestone O Remaining Work ♦ Socsst~e;Mic#dl;e = Site;OlearJng Page 1 of 2 ~ ~~rdliha Fohe~tiMiddle;- Site.Phe~p aAd~Bui ;Steel:Fa4 ~P~ecasf Fab TASK filter: All Activities OO Primavera Systems, Inc. PAPR - 003327 HCS -Combo Four Schools Activity Name Activity ID A1990 A1840 ^ A1880 A1890 A1850 A1980 A1820 A1920 A1970 Socastee Efementry -Site Prep to Building Pad ;Myrtle Beach Middle -Site Clearing and Building Pad St.James Intermediate -Install Piles ~u Carolina Forest Middle -Foundations to Completion Classic Schedule Layout Planned Actual Duration duration 30 •: 20 ~ 20~ Myrtle Beach Middle- Foundations through Completion ~ Socastee Elementry -Building Piles ~ St James Intermediate -Foundations through Completion Socastee Elementry-Foundations to Completion Socastee Middle- Foundations through Completion O Critical Remaining Work~ISummary D Actual Work Work ♦ ♦Milestone O Remaining 317: 317: 20; 377305' 317: Activity % Start Complete 11-Nov-15 18:4 Finish J' 0% i 2&Jan-16 09-Mar-16 0%' 04-Feb-16 02-Mar-16 0, 0 j ~ 0% ; 18-Feb-16 16-Mar-16 0 0%; 1&Feb-16 05-May-17 0: 0%•. 03-Mar-16 T9-May-17 0% 10-Mar-16 ' O6-Apr-16 0: 0 0°fo' 17-Mar-16 02-Jun-17 0 0% ` 07-Apr-16 ; 07-Jun-17 0 0%; 07-Apr-16 23-Jun-17 r J ; Socast¢e ~lemeptry;- Site; P,re~ to; Buiidin Myrtle Beach~Middle~- Site~Clearing arnd~e ; 3t.J2mes Intermediate; Install Piles 0~ Page 2 of 2 J s ;Caro~irja ;Fprgs ; M~+rtle;Beach ; Socast~e ~lemeptry;- Building Piles 'St James Int ' SoCast~A EI $gcastee;M TASK filter. All Activities OPrrmavera Systems, lnc. PAPR - 003328 Sheri L. Wainscott From: Sent: To: Cc: Subject: Attachments: Keith R. Powell Tuesday, November 17, 2015 1:22 PM Robbie Ferris Clark, Brad (Brad.Clark@BBandT.com) RE: HCS ~ Exhibit B Boiler &Machinery coverage.pdf; Builder's Risk policy info.pdf Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Here are the forms. The BR policy talks about "your" property, but the IRF won't let HCS name a nongovernment entity as an insured or loss payee. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.chiIds-ha Iliga n.com (803) 254-4035 NOTICE: This e-mail inay contain information that is person2l and confidential, non-disclosable and protected byattorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. From: Robbie Ferris [mailto:RFerris@sfla.biz] Sent: Tuesday, November 17, 2015 12:22 PM To: Keith R. Powell Cc: Clark, Brad (Brad.Clark@BBandT.com) Subject: FW: HCS ~ Exhibit B Keith, Apparently our insurance company sent me an email about this a few days ago thatInever sent you. Sorry!! Feel.free to call Brad directly to discuss his concerns. Robbie Robbie/Mike, After reviewing this updated draft, I still see the same potential problem areas as previously outlined, There are some significant gaps in the protection of First Floor and subcontractors with the language used for Builder's Risl< coverage, specifically: • • Design-Builder and subcontractors of all tiers should have insured status on the Builder's Risk policy in order to ensure your interests are protected. HCS should agree to waive subrogation against First Floor and subcontractors of all tiers for losses covered by the Builder's Risl< policy. This waiver will prevent HCS' insurer from seeking subrogation against First Floor's or a subcontractor's GL coverage if a contractor caused damage to the project. 1 PAPR - 003329 • • The contract states that HCS has the responsibility to pay losses not covered by deductibles, but the contract does not state anything regarding excluded perils, inadequate limits, or property not covered. These can all be significant exposures. Other areas as outlined in the attached "Builder's Risi< Considerations". Additional Insured status is still referenced for Pollution Liability coverage even though that coverage is not required by HCS. I recommend striking this language since First Floor is not required to carry Pollution Liability by HCS. As discussed previously, BB&T still recommends that you purchase Pollution Liability coverage to protect First Floor. Thanks, Brad Clarl<, CIC Vice President BB&T Insurance Services 43Q9 Emperor Blvd., Suite 300 Durham, NC 27703 919.281.4545 Direct 678.612.7403 Cell brad.clarl<@bbandt.com mailco de: 120-80-01-15 From: Peeples, Kenneth Sent: November 17, 2015 10:30 AM To: Blanchard, Kathy; Clark, Brad Subject: Fwd: Hcs Ken Peeples 919-281-4510 office 919-215-9779 cell Via iPhone Begin fo7rvvaxded message: From: Robbie Ferris , Aaron Thomas , Mike Richter Subject: ~+`wd: Hcs Guys, See attached exhibit B in the email from Keith Powell. Robbie Sent from my iPhone Begin forwarded message: z PAPR - 003330 From: "Keith R. Powell" Date: November 17, 2015 at 9:47:32 AM EST To: "Robbie Ferris (RFerris(a)sfla.biz)" , Mark Wolfe , "Ara Heinz (AHeinz r~r,honvcountvschools.net)" , Kenneth Generette , "rmaxex(a~hoir~c vschools.net" Cc: "William F. Halligan" Subject: RE: ~Ics ~ Robbie & HCS folks: Ex B updated draft attached for review &comment. Waiting on HCS comments on 141 and Ex A. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.Childs-halli fan.com (803}254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. On Nov 17, 2015, at 7:43 AM, Robbie Ferris >r~t,lic irr%rn•~ncrlar.~rr vJ`'BBc~T nr il,s cr/`/%lirr~G,1' (.711(' tI'Z(.'1)' ~7 E' ~S'LI~7)f!C/' CO 1)1"L)/L•'l°trc~i~ rn~~ler- tTi4 lcr~r. Thc~ 1M6'.S'S'('(v6' !,5 I]ZIE!14c:rC'.(,t'~CN" l`r7.G ,S'C?~L' 21S'P Uf /'~?C' l;7ljit'lc~'tl(1~ (U" ('/]/l~'L' f(.) 1•I.`~1tC~9 !t 1.5' 1'1!l(.~7'ES.SL'c~ .~% ~-0fd Lli'f? 17O/ rl7L' 111/C?I?G7~BG~YL•'L'!~)iC'Pl~, V07L Ql'L' 1101'7~~Cc~ IIIUE' ClT9)' Ll t'. It'y(7U 1"~C('.11'E?C.~ /~7T,S 111E;.SSCISrE'. T!? P7"Y<)7', pjGCL56' f~G'~GtG l'()da7' ,5~6'J'fE?IJ1 1•I ~rtliout rc~a~liritir /'~'!E' cvrrten.t. crawl rtu~iti~ tl~e SC'YlG1YE'!' (t72f71NC't~l('l~L~~1 (Jf tjlb' 111UG~1•'E31'r6'f1~ f~l.S'!7"l~~W/lll)i OY Ct(aJ~ylYl~;~ pf I~IE' PitC'1'Sil,S,7G' C,S ti'IF'1('IIl•~~rr~al~ibi~c>~~ f~l~ /12l'I/!'1'1C.l1,~7"()Yl7 lrar ~sri~.i,r,~~inr~r. . 3 PAPR - 003331 Sheri L. Wainscott From: Sent: To: Cc: Subject: Robbie Ferris Tuesday, November 17, 2015 1:25 PM Keith R. Powell Clark, Brad (Brad.Clark@BBandT.com) RE: HCS ~ Exhibit B Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Brad, Your thoughts. From: Keith R. Powell [mailto:kpowell@childs-halligan.net] Sent: Tuesday, November 17, 2015 1:22 PM To: Robbie Ferris Cc: Clark, Brad (Brad.Clark@BBandT.com) Subject: RE: HCS ~ Exhibit B Here are the forms. The BR policy talks about "your" property, but the IRF won't let HCS name a nongovernment entity as an insured or loss payee. Keith R. Powell Childs & Halligan, P.A. Columbia, South Carolina www.chiids-halligan.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. if you receive this message in error, please notify us by telephone as listed above immediately. __ _ _ _ . _ From: Robbie Ferris [mailto:RFerris(a~sfla.biz] Sent: Tuesday, November 17, 2015 12:22 PM To: Keith R. Powell Cc: Clark, Brad (Brad.ClarkCa~BBandT.com) Subject: FW: HCS ~ Exhibit B Keith, Apparently our insurance company sent mean email about thi§ a few days ago thatInever sent you. Sorry!! Feel free to call Brad directly to discuss his concerns. Robbie Robbie/Mike, After reviewing this updated draft, I still see the same potential problem areas as previously outlined. There are some significant gaps in the protection of First Floor and subcontractors with the language used for Builder's Risl< coverage, specifically: 1 PAPR - 003332 • • • • Design-Builder and subcontractors of all tiers should have insured status on the Builder's Risk policy in order to ensure your interests are protected. HCS should agree to waive subrogation against First Floor and subcontractors of all tiers for losses covered by the Builder's Risl< policy. This waiver will prevent HCS' insurer from seeking subrogation against First Floor's or a subcontractor's GL coverage if a contractor caused damage to the project. The contract states that HCS has the responsibility to pay losses not covered by deductibles, but the contract does not state anything regarding excluded perils, inadequate limits, or property not covered. These can all be significant exposures. Other areas as outlined in the attached "Builder's Risk Considerations". Additional Insured status is still referenced for Pollution Liability coverage even though that coverage is not required by HCS. I recommend striking this language since First Floor is not required to carry Pollution Liability by HCS. As discussed previously, BB&T still recommends that you purchase Pollution Liability coverage to protect First Floor. Thanks, Brad Clark, CIC Vice President BB&T Insurance Services 4309 Emperor Blvd., Suite 300 Durham, NC 27703 919.281.4545 Direct 678.612.7403 Cell brad.clarkCc~bbandt.com mailcode: 120-80-01-15 From: Peeples, Kenneth Sent: November 17, 2015 10:30 AM To: Blanchard, Kathy; Clark, Brad Subject: Fwd: Hcs Ken Peeples 919-281-4510 office 919-215-9779 cell Via iPhone Begin forwarded message: From: Robbie Ferris , Mike Wawrzyniak , "Kenneth J. Peeples" <~eeples ,bbandt.com>, Aaron Thomas Subject: Fwd: Hcs Guys, See attached exhibit B in the email from Keith Powell. Robbie z PAPR - 003333 Sent from my iPhone Begin forwarded message: Frorn: "Keith R. Powell" Date: November 17, 2015 at 9:47:32 AM EST To: "Robbie Ferxis (RFerris a,sfla.biz)" , Mark Wolfe , "Ara He;n~ (AHeinz(a~honycountyschools.net)" , John Gardner , Kenneth Generette , "rmaxe~(u,horrXcountvschools.net" Subject: RE: Hcs Robbie & HCS folks: Ex B updated draft attached for review &comment. Waiting on HCS comments on 141 and Ex A. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halli~an.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, tkus does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in exror, please notify us by telephone as listed above immediately. On Nov 17, 2015, at 7:43 AM, Robbie Ferris wrote: Keith Can you send the latest version of the contract for review Robbie Sent from my il'hone 7/acs ir~fi»•rncrrinr~ ire ~hiS II"GI11.S712T~ss of~. may co~ttuih prcij~rii;tcrty C1/1G'~ ilOT7~?MI)ItL' lllfUl'171.(ll'JO71 O~B~~r.T df' lZ:S' LdJ`~l~llll/f.',S' C(~l(,~ /71%i:~' ht~. .t~r~ljr~~•l ~o Ix•c,tc~clir.7n ant~Ic~f" /~lE.' ~tll-1'. 7~tE' Tl1F.'S.SCl~E' 1S II1~G']7L~E'.C~ J~('11` /~7E' ,•ale i.r.c'f: 0317E i~rditi~iclu~r/ r;~~ e~~~`it~~ Jt, ~~i~lirr_~I1 i~ i.s u~.~cJi°c~,s.~~c~c~ If:you crr•e riot tlae~ i~~lern~ecl rc~cil~ierrt, ~~vu cu~c~ notific~~l t~l~cr~ ~rfa~~ rr,rc~, Glr,`.T'1'If'ttl~lOi't C)f' CUjTV11'ly CIJ ~~2C' l9'IP~S1'C(~rL'. lS' .S/1"li.'~~J~ ~7l•aGrihitecl. If:~'(JZE /'C?CE'GI•'E.'L1r /~1Z~ti !'1'TL'S,S'C%~~L' L19 E?F7'OY, ~JIE'CI,S'C? .G~C'fC'~6' 1~~1C.' !]/(:T1 E'f'!C/1 fl'OIN ;i•'UTIf' :S~l•'~S'!F:/71 1'P1f~1(JI{~ /"(7(7ljlfZti ~~9G (,`Ol~tE;l7( U77Gj 77QIl~l' ~~IC'. .5'(?77/.7~E;1' 1T77777(lf~1C1~G1'~' (1~ (~IE~ lYl[IC~1'NT''~f?I'f/ ~~ ~arz,errl r,c,s~ ~ vn. PAPR - 003334 Sheri L. Wainscott From: Sent: To: Subject: Attachments: Robbie Ferris Tuesday, November 17, 2015 3:45 PM Keith R. Powell HCS contracts Bookl.xlsx Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category ' Keith, All the needed sign offs are still coming in from our team but I think we're very close to being checked off. I do have one revision request. We would like to bill for pre-construction ,proposal development and schematic design. The breakdown is in the attachment but the total is $5,504,430.00. We are actually in DD so I think billing for SD is very reasonable. What do you think? Robbie _~.~~-~t y ~s Robert W. Ferris, AIA, REFP, LEED AP CEO/President 333 Fayetteville Street, Suite 225 Raleigh, NG 27b01 CetL• 919.b1D.2251 Fax: 919.573.6355 rferrisC~sfla.biz www.sfla.biz 1 PAPR - 003335 Firstfioor Proposl Dev Pre construction estimating and bidding A&E-Schematic design 4 5 totals 1 2 3 $ 253,187.00 $ 250,165.00 $ 260,035.00 $ 206,721.00 $ 231,417.00 $ 1,201,525.00 $ 126,000.00 $ 126,000.00 $ 126,000.00 $ 126,000.00 $ 126,000.00 $ 630,000.00 $ 750,840.00 $ 741,878.00 $ 771,147.00 $ 722,760.00 $ 686,280.00 $ 3,672,905.00 $ 5,504,430.00 PAPR - 003336 Sheri L. Wainscott From: Sent: To: Subject: Keith R. Powell Tuesday, November 17, 2015 4:11 PM Robbie Ferris RE: HCS contracts Follow Up Flag: Flag Status: Follow up Completed Categories: Red Category There is a clause about this in my draft, but I had no amounts. I only used $500K as the "catch up" billing allowable (per project) simply because i heard you say near the end of the competition that you had about $2.5M invested, but if the concept is the same I don't see a big difference in using your enclosed figures if HCS concurs. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803) 254-4035 NOTICE: This e-mail inay contain information that is personal and confidential, non-disclosable and protected byattorney-client peivilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by tefeplione as listed above iininediately. From: Robbie Ferris [mailto:RFerrisCa~sfla.biz] Sent: Tuesday, November 17, 2015 3;45 PM To: Keith R. Powell Subject: HCS contracts Keith, All the needed sign offs are still coming in from our team but I think we're very close to being checked off. I do have one revision request. We would like to bill for pre-construction ,proposal development and schematic design. The breakdown is in the attachment but the total is $5,504,430,00. We are actually in DD so I think billing for SD is very reasonable. What do you think? Robbie :~~~s~: ~~.~~~~r L~;~ , Robert W. Ferris, AIA, REFP, LEED AP CEO/President 333 Fayetteville Street, Suite 225 Raleinh, IJC 27601 Cell: 919.61D.2251 Fax. 919.573.6355 rferrisC~sfla.biz www.sfla.biz 1 PAPR - 003337 '~ _-' i ~' ~' ~';•.~' ,. AIA Document A141~` - 2 014 Standard Form of Agreement Between Owner and Design-Builder AGREEMENT made as of the'19th day of c~November> in the year tWo thousand fifteen (2015): (/n worda•, indicate day, month and year.) !' BETWEEN the Owner: (Name, legal s~arus, address and orl~er information) ~j ADaTTIONS~ AND D8L8TION5 ~ me iuthor..oEr this document has adfled information needed for Ho~ County Schools, South Carotin~ a ~1ttical subdivision of [he Sfate of South S ~ C3iO~tt1$, its Completion. The author ti~ay also have revised the 335 Four Mile Rd ~ PO Box 260005 1 Eext of the original Arse ConwB , SC 29528 y ~ ! standard Eozm. An ndditione and Deletions report that .' ~ wpll(as revisions to the ~tand'ard form test is ~yailable from the author and 9houl~d.be. reviewed. Distiict O~Ce Phone 843.488:6700 » .H U ,~~ ~~ ~ - notes, added information as - and the Design-Builder: (Name, legs! x!ulus, address and other information) 1 4 'pis aocument nas FIRSTFLOOR ENERGY POS11'IVE, LLC; 333 Fayetteville St., Suite 223 Raleigh, NC 27601 attorney 'is encourages with respect'Eo its completion or modification. ! ~onsvltation with an attozney is also encouraged important legal consequences. ConsultatYon with an fotThefollowing Pro)ect: withrespect to professional licensing requirements in the jurisdiction where the P=oie~t`18 located. (Nome, /oCu/iUn and detailed de8'G'iplionf 'New Carolina Forest Middle §chool« (per Qwner's Request for Proposals Na 1415-91) 7'he Owner and Design-Builder agree as follows. { `i f~ I ~~/ ~~~--~i .. ~ . —t HLEClRONIC COPYING of any portion of this A7A° nocument to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Ooewant 1141" - 1011. CopyiighC 3009 and tall Oy Tie American Snetitute of AichiGecta. All rights reverved. HARN211~~ Thle hIA Docwn4nt ' 'Doeunen[, o: euy portion la protactetl by o.9. copyrighe Law and Ivte:mCicmel Tzeaeies. Unaut~ocf:etl rapsndustlon ur di~eiSAution of this xIE of it, mny ceav3C Sn a e3vi1 end c~ininal peneltiec, mC till be provecutfltl to Ehe mexi~mw exteut poeeiDle unUsx th. taw. This OraEt vas p[advCEd by AIA 9olcxaYe ai 1J:~1:3~ on 11/16/3015 under OYdei No.03J9586]DB 1 which expiYea O~1 07/19/3016, 2t~d is not for zesale. 11116'!8{]15) Oees NOCes: 1 PAPR - 003338 TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 COMPENSATION AND PROGRESS PAYMENTS 3 GENERAL REQUIREMENTS OF THE WORK OF THE DESIGN-BUILD CONTRACT 4 WORK PRIOR TO EXECUTION OF THE DESIGN~BUILD AMENDMENT S WORK FOLLOWING EXECUTION OF THE DESIGN-BUILD AMENDMENT 6 CHANGES IN THE WORK 7 OWNER'S RESPONSIBILITIES 8 TIME 9 PAYMENT APPLICATIONS AND PROJECT COMPLETfON 10 PROTECTION OF PERSONS AND PROPERTY 11 UNCOVERING AND CORRECTION OF WORK 12 COPYRIGHTS AND LICENSES 13 TERMINATION OR SUSPENSION 14 CLAIMS AND DISPUTE RESOLUTION 15 MISCELLANEOUS PROVI510NS 16 SCOPE OF THE AGREEMENT ~~ .+ _ .. . ~ 'i r i ' TABLE OF EXHIBITS A DESIGN-BUILD AMENDMENT B INSURANCE AND BONDS ARTICLE 1 GENERAL PROVI510NS ~. § 1.1 Owner's Criteria This Agreement is based on the Owner's Criteria set forth in this Section 1.1. (Note the disposition for thefollowing ![ems by inserting the requested infornratrorl or a statenren! such as "not applicable" or "unlcnorvn at /inve ofexectriion."If the ~vner• intends to proride a set ofdesign documents, and tive requested rnfor•malion rs contained i» the design doctarenls, identify the design documents aiid.rnser•t. °see Oi~~~aer's design documents" inhere appropriate.) iii l `' § 1.1.7 The Owner's program for the Project; ,; ' }y (Sep Tarlh the P rog'ram, rdentrfY doc¢m~entarron in which the ProS'~ am is set.1~w'lh, or slate the inanner'tn F. u~hrch the program tiri(! be developed.) ~~ j ~ j f i__. ,:._ «Per "Design Requirements" published for Solioita6on No. 1415-91. J~have concerns about~sm~.tha nhrasin~ ~er~Des~i~ltequFtements `~ubUshedforSflitcar~twn 1d7~91"`~h`~`~his __ _ - Formatted: Highlight contract Based on th~coirini~n'~s of several.flfthE~v~ua#ign'~orr~mittv~ memo ens asweN~ jn~o'_pr4vizied tiy2vfr I AIA Document Alf 1^ - 3011, Copyright ~ 2004 and 2014 by The ~Amezican Ine[it~ta of Architects. All rights z zved. wAWiING: this AU Docwvent a pcotnctud by 9.5. Copyright Law and Internetionnl Treaties. Onauthorized reproduttlon of diotriDution oY thin AU ~ocwnene, ox any portion of it, may r salt in civil and etlminal penalties, and will be pzo~ecutetl to the maximwa extent poceible under tha lay. This draft Hae pLOtlUCEd by AIA softwflz¢ 8C 13:91:31 OA 11/16/3015 u~d¢[ OTdei No.02395BL200_1 which expim6 on 07/14/2016, dnd is rp[ foi i 521e. 9n ei Notee~ (1396784345) Z PAPR - 003339 § 1.1.2 The Owner's design requirements for the Project and related documentation: (Identify below, or in an attached exhibit, the documentation that contaitts the OHmer's design requrremenis, 4 including anp perfamance.specfrcatrons jor the Project.) ., .. . «Per "Design Requireruents" published for Solicttahon No 141$-9l, § 1.1.3 The Project's physical characteristics: s (Identify or.descr ibe, if appropriate, sire, location, dimensions, or• other perline»t information, such as geatechnical 1~epa ts; site, boundary and Topogr aphic sun+eys; traffic and u/i/ity sludies; avarlabilrJy ofpu~i/ic andprrvate itiilrlies /~ . and services; legal description of the site; etc.) ~. _ -' _ ,~ '. ;~ _ .. § 1.1.6 The Owner's budget for the Work to be provided by the Design-Builder is set forth below:' (Provide totalfor Oti~mer's budge!, and rfknmvn, a line rtenr breakdown of costs.) ' •. i Per "Design Requirements" published for Solicitation No. 1415-91 as amended Through the Board of Education's action I~Iovember 2, 201,5.» r ~ § 1.1.7 The Owner's design and construction milestone dates: Per "Design Requirements" publist ed;for Solicitation No, 1415-91 ~ ~ t~ '~,, § 1.1.8 The Owner requires the Design-Builder to retain the following Architect, Consultants'~an~ Contractors at the Design-Builder's cost: .1 Architect i` ~ _; #cSFL+q Architects, P.,A.333_ Fayettev lle.:$treet Suite 223, Raleigh, NC 22601.» .2 Consultants ` j zr « 919-573-6330 § 1.2.5 Neither the Owner's nor the Design-Builder's representative shall be changed without;fen day§' written notice 1 to the other party. f~ {' t 'j § 1.3 Binding Dispute Resolution For any Claim suUject to, but not resolved by, mediation pursuant to Section 143, the method of binding dispute resolution shall be the following: :. .._—.- [—' t< X»_] Litigation in a'court of competent jurisdiction, .1I1~ Docvmevt ~1~1~ - 2011. Copyiigh[ ~ 2009 er# 2014 by The American Institute of Archi[ecta. All ziphte zeeerved. HApIiINC: 2hia ATA Document is prolecteE by D.6. CODYrlght Law and intarnetional Tteae3ee. vnauG~oclzed repro0uetion or Aia txibution oft ie AIA Oocumeat, oc any Baitlon oL St, may reaul! ins civil aM cr5sinal Denaltiea, and will be pzoeecuteG co ChG maziwum extort poae163e vnCes the lay. This dxaE[ Nne praducetl by AIA eoftwaie aC 13:41:)] on 11/16/3015 under Ortler No.02395e62oa_1 which expires on 0'1/11/3oi6~ and iB not for c cote. (1346789395) Raer Notee~ 4 PAPR - 003341 ~~ ,,o~~jur~ before a circuit judge in Horry County. SC. _ -"-" ~~~'~~ ~ --------- - _--- Formatted: Highlight ----- Formatted: Highlight § 1.4 Definitions § 1.4.1 Design-Build Documents. The Design-Build Documents consist of this Agreement between Owner and Design-Builder and its attached Exhibits (hereinafter, the "Agreement'); other documents listed in this Agreement; and Modifications issued after execution of this Agreement. A Modification is (1) a written amendment to the Contract signed by both parties, including the Design-Build Amendment, (2) a Change Order] or (3) a Change Directive. if § 1.4.2 The Contract. The Design-Build Documents form the Conhact. The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations of agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Desigp~Build Documents shall not be construed to create a contractual relationship of any kind between any persons or entices other than the Owner and the Design-Builder § 5.4.3 The Work. The term "Work" means the design, construction and related services regifired to fulfill the Design-Builder's obligations under the Design-Build Documents, whether completed or partially completed, and includes all labor, materials, equipment and services provided or to be provided by the Design-~u~lder. The Work may constitute the whole or a part of the Project. ; !~ ~~ § 1.4.4 The Project. The Project is the total design and consWction of which the Work perf',o~rmed-under the Design-Build Documents may be the whole or a part, and may include design and construction by the Owner and by separate contractors. ."s § 1.4.5 Instruments of Service. InsWments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Design-Builder; Contractor(s), Architect, and Consultants) under their respective agreements. Inshvments of Service may included without limitation, studies, surveys, models, sketches, drawings, specifications, digital models and otlicr similar materials. § 1.4.6 Submittal. A Submittal is any submission to the Owner for review and approval demonstrating how the Design-Builder proposes to conform to the Design-Build Documents for those portions of the Work for which the Design-Build Documents require Submittals. Submittals include, but are not limited to, shop drawings, product data, and samples. Submittals are not Design-Build Documents unless incorporated into a Modification. § 1.4.7 Owner. The Owner is the entity identified as such in the Agreement and is referred to.througliqut the Design-Build Documents as if singular in number. The term "Owner" means the Owner or the Own~r':s authorized representative. The Owner may have employees that are design professionals or otherwise skilled in~construction or construction management, and such employees may, from time to time, perform various task or',duties for or on behalf of the Owner under th is Agreement. However, it is specifically understood that the Owne'r,(including thgse agents and employees) has no obligation or duty to apply specialty or professional knowledgC~ and;skill, and shall not beheld to have undertaken to provide or perform any aspect of the Owner's performance of this A~~eement as a design professional or specially skilled and knowledgeable construction industry member or construction manager, and this principle applies regardless of the Owner's position titles or office division titles as may be applicable',to such `; emp=Io~ees_:.~._ ~ - ` 1k3 ~' - ~' o . "e F ~'"h~s:.er~~ii''~~ts ~~'~'_ _. - Formatted: Highlight § 1.4.8 Design-Builder. The Design-Builder is the person or entity identified as such in the Agreement and is refeaed to throughout the Design-Build Documents as if singulaz in number. The term "Design-Builder" means the ~( i 'j Design-Builder or the Design-Builder's authorized representative. ii !~ § 1.4.9 Consultant A Consultant is a person or entity providing professional services for the:Design-Bp' ilder for all or a portion of the Work, and is referred to throughout the Design-Build Documents as if singular in number. To the extent required by the relevant jurisdiction, the Consultant shall be lawfully licensed to provide the-recjuired professional services. __ _j AU Doeummt A111^ - ]01~. Copyright ~ 100< and 2019 by TM1e Ane[icen IneCitu[e of ArchitecCe. All zight~ ze~~rved. NAAxiNa; ihia AIA Doeunmt Ss psateeted Dy 0.8. CODYtlghe Law sad Iataxnatlonnl TzeaHe¢, onavthori:ed reproAuceioa or diofsiDution o£ Ghia AU Document, or any portion of St, mny r gait !n s eivil and criminal penalties, and viii be pzoeecuteE to the maxim~vn extent poYtiDle unCez Cho lar. This araec Mae p[oducetl by AU soEtwaiat 13: 1:3'/ on 11/16/2015 uiideY Oid¢i HO. D]39586308 1 vhlch ezpiYes an 07/11/30]6, aM ie ~pC tot i eele. (I]~6'/Bl3l5) Geer Aotae: 5 PAPR - 003342 § 1.4.10 Architect. The Architect is a person or entity providing design services for the Design-Builder for all or a portion of the Work, and is lawfully licensed to practice architecture in the applicable jurisdiction. The Architect is referred to throughout the Design-Build Documents as if singular in number. § 1.4.11 Contractor. A Contractor is a person or entity performing all or a portion of the construction, required in connection with the Work, for the Design-Builder. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor is referred to throughout the Design-guild Documents as if singular in number and means a Contractor or an authorized representative of the Contractor': ~" § 1.4.12 Confidential Information. Confidential Information is information containing confidential or business proprietary information that is clearly marked as "confidential." § 1.4.13 Contract Time. Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, as set forth in the Design-Build Amendment for Substantial Completion of the V✓ork. § 1.4.14 Day. The term "day" as used in the Design-Build Documents shall mean calendar day unless otherwise specifically defined. ;i § 1.4.15 Contract Sum. The Contract Sum is the amount to be paid to the Design-Builder for: performance of the Work after execution of the Design-Build Amendment, as identified in Article A.1 of the Design-Build Amendment. ; a , :. is :. --. -, .ARTICLE 2 COMPENSATION AND PROGRESS PAYMENTS § 2,1 Compensation for Work Performed Prlor To 6cecution of Design-build Amendment _ _f § 2.1.1 Unless otherwise agreed, payments for Work performed prior to Execution of the Design-Build Amendment shall be made monthly. For the Design-Builder's performance of Work prior to the execution of the Dgsign-Build Amendment, the Owner shall compensate the Design-Builder as follows: ~ (/nsei4 amount of, or basisfor, cornpensafion, including compensation for any Sustainability Services~or indicate the exhrbrl in which the information is provided. If [here will be a limit on the total amounl of con~p'ensbtion jor Work performed prior to the execution of the Design-Bidld Rmendment, slate the amount of the limit.)' The Desie~i _Builder may invoice the Desipn_Builder may invoice the owner for not more than five Hundred thousand;_.,_ _-- Formatted: HIghllght § 2.1 number not used) § 2.1.4 Payments to the Design-Builder Prior To Execution of Design-Build Amendme § 2.1.4.1 Payments are due and payable upon presentation ofthe Design-Builder's invoice. Po -five (ct45:}days after the invoice date shatI bear interest at the rate er~tefed-belew~ef-ir ic,l>>s corr~c.t~ ~°lo p a or~~~?,~ti~7n~t'~n~erStand~ne~~~+ex1o"~I70'T'paytate`f@~~o `~`V tunes Our standai d cons ruction contract states that no interest ]s accnied ~ahe~~ ~7nent regUCSf ~s m d~sn uf~6 .,,~n,i,;,i~ ,.~~ ~„P;;r a.i.~,+~,,,,•an., rrrn ~~~~ ,,,,~ , ..,i,~ ~,i., ~i~~> ~„ ~t,.~,r.,~~„~~.,t_ii,:~t ~h~ ~ i,:,~t a~~ ~., „~,Pnt' _ Formatted: Highlight ~ Formatted: Highlight § 2.2 Contract Sum and Payment for Work Performed After Execution of Design-Buildr`Amendment For the Design-Builder's performance of the Work after execution of the Design-Build Amendment;.t~e Owner shall pay to the Design-Builder the Contract Sum in current Bends as agreed in the Design-Build Amendment. 1 ~ I. ARTICLE 3 GENERAL REQUIREMENTS OF THE W ORK OF THE DESIGN-BUILD CONTRACT § 3.1 General I~ § 3.1.1 The Design-Builder shall comply with any applicable Licensing requirements in the ju~isdictiori where the Project is located. Building Permit and Other Permits and Fees: No general building permit is required in accordance with § AIA Docwnmt A1~1~ - 201l. COpyilgh[ ~ 2oa9 acW 2014 Dy 1Te Me[Scan Ine[ituCe of AYchilecte. All zSgGts zenexved. xAHHINO; iAie AU nocvment S5 protected Dy 9.s. COP1'rlght Lau aad IMernatioval Tceatieo, Dnavthocizad reptoducCioe or divtziDucion of Ghiu AU Document, oz any yortian of it. nay z sulG in a civil and criminal penalties, aad will be DreveeuleC to the maximum eateut Doeaiele unAez the lay. This drat[ was produced by AU sofCwate at 13:91t1'I on 13/16/2015 undeY OLtleL No.0239586208_1 Nh1Ch Expiiee on O'!/14/2a16~ dnd IB not Eos x sale. (1346]BGJ65) 09ez Not<9: 6 PAPR - 003343 6-9-110 of the South Carolina Code of Laws; however, the Contractor shall be required to provide mechanical, electrical, plumbing acid other such permits which may be required for purposes of inspection at no additional cost to the District. Except for permits and fees which are the responsibility of the Contractor in the Contract Documents, the District shall secure and pay for necessary approvals, easements, assessments, utility impact fees, permits, and such charges required for the successful completion of the work. i § 3.1.2 The Design-Builder shall designate in writing a representative who is authorized to act on the Design-Builder's behalf with respect to the Project. § 3.1.3 The Design-Builder shall perform the Work in accordance with the Design-Build Documents. The Design-Builder shall not be relieved of the obligation to perform the Work in accordance with the Design-Build Documents by the activities, tests, inspections or approvals of the Owner. § 3.1.3.1 The Design-Builder shall perform the Work incompliance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities. If the Design-Builder performs Work contrary to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public auU~orities, the Design-Builder shall assume responsibility for such Work and shall bear the vests attributable to`correction. ;? ., § 3.1.3.2 Neither the Design-Builder nor any ConVactor, Consultant, or Architect shall be obl~atCd to perform any act which they believe will violate any applicable laws, statutes, ordinances, codes, rules and regulatiops, or Lawful orders of public authorities. If the Design-Builder determines that implementation of any instructioj~`received~from the Owner, including those in the Owner's Criteria, would cause a violation of any applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Design-Builder shall notify the Owner in writing. Upon verification by the Owner that a change to the Owner's Criteria is required to remedy the violation, the Owner and the Design-Builder shall execute a Modification in accordance with Article 6. § 3.1.4 The Design-Builder shall be responsible to the Owner for acts errors and omissions of the; Design-Builder's employees, Architect, Consultants, Contractors, and their agents and emloyees and other persons or ent~ttes ~~~e~~errors&omisaon~~'~of}sure~ft~ie7e¢~_______.,--- Formatted:H(ghlight ~erfonnin~portionsoftheWork~vc'~~`a~`:i ~ § 3.1.5 General Consultation. The Design-Builder shall schedule and conduct periodic meetings with, the Owner to review matters such as procedures, progress, coordination, and scheduling of the Work. i § 3.1.6 When the Owner's Design Requirements or applicable law requires that services be performed~by licensed professionals, the Design-Builder shall provide those services through qualified, licensed professional§. The Owner understands and agrees that the services of the Design-Builder's Architect and the Design-Byilder's other Consultanu are performed in the sole interest of, and for the exclusive benefit of, the Design-Builder. ~ { ~ ' ~' ji ~t § 3.1.7 The Design-Builder, with the assistance of the Owner, shall prepare and file documents required to obtain j~ ~ necessary approvals of governmental authorities having jurisdiction over the Project. The Office of School Facilities (OSF) and State Fire Marshall shall determine the enforcement and interpretation of all the applicable codes and referenced -standards on state buildings, including the District's~sohool facilities. § 3.1.8 Progress Reports § 3.1.8.1 The Design-Builder shall keep the Owner informed ofthe progress and quality ofth'e Work; BAs stated in the Design Requirements, the Design-Builder shall submit written progress reports, photographs of Workiin progress, and other data to the Owner electronically, or through the Owner's option, project management sgftware,showing ;1 estimated percentages of completion and other informarion identified below: .1 Work completed for the period; fj .2 Project schedule status; ' ?-•--- - ~ 5 .3 Submittal schedule and status report, including a summary of outstanding Sulimittals; __,_ __ .4 Responses to requests for information to be provided by the Owner; .5 Approved Change Orders and Change Directives; AIA Dac~aent T111~ - 3014. CopyilghC ~ 2U09 and 2019 by The Mexican InsCiCute of A[ehitee[e. All r19Dts reserved. HAPNEiG: Shie AIA Document is protecteQ by 0.9. Copyright Lau eaA Eatarna[ional Treaelea. Onautbozized eeproduetion os dlotributian of tfiia aZA ~ocunent, or any portion of !!, may r Dolt ins civil as~d eriraanal Denaltiee~ anE will be pYoaeculeA to the maslmtmi uctent po0oiple mCer Che lay. Thia draft was produced by ATA sofCNa[e a[ 13:41:37 on 13/16/2015 Untlei Ditlei No.0239586208 1 which expiiee on 07/1 (Pri~:ted name and title) j ~~ !~ ~r..... ._..._..., z ~; ~! _~ ~: '' i ~.xA aoeummt ri*1' - 201a. copyrSght ^ 2ooa and ~oia by TAe American xnsticute of Arehi[eeGs. rll rig6ts s exved. HABHINGi xhie xxA uocwent is pzotaeted Dy D.6. Copyright Lav and International Traacien. D~uvtDorizad [eptoCuction or distribution of Chia AU Document, or any pottlou of i!, may result ins civil and orSminal Danaltlen, and will De yroea Tuesday, November 17, 2015 5:31 PM Keith R. Powell; Robbie Ferris RE: HCS (Exhibit B Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Keith, Can you please send me the Causes of Loss Form referenced in the Builders Risk Coverage Form and all applicable endorsements/exclusions? I would like to review the excluded perils as the policy wording in the attachments you send provides very limited coverage for the exposure. Thank you, Brad Clarl<, CIC Vice President BB&T Insurance Services 4309 Emperor Blvd., Suite 300 Durham, NC 27703 919.281.4545 Direct 678.612.7403 Cell brad.clark@bbandt.com mailcode: 120-80-01-15 From: Keith R. Powell [mailto:kpowell@childs-hailigan,net] Sent: November 17, 2015 1:22 PM To: Robbie Ferris Cc: Clark, Brad Subject: RE: HCS ~ Exhibit B Here are the forms. The BR policy talks about "your" property, but the IRF won't let HCS name a nongovernment entity as an insured or loss payee. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. tf you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. From: Robbie Ferris [mailto:RFerrisCa~sfla.biz] Sent: Tuesday, November 17, 2015 12:22 PM To: Keith R. Powell 1 PAPR - 003375 Cc: Clark, Brad (Brad.ClarkC~BBandT.com) Subject: FW: HCS ~ Exhibit B Keith, Apparently our insurance company sent mean email about this a few days ago thatInever sent you. Sorry!! Feel free to calf Brad directly to discuss his concerns. Robbie Robbie/Mike, After reviewing this updated draft, I still see the same potential problem areas as previously outlined. There are some significant gaps in the protection of First Floor and subcontractors with the language used for Builder's Risl< coverage, specifically: • • • • Design-Builder and subcontractors of all tiers should have insured status on the Builder's Risl< policy in order to ensure your interests are protected. HCS should agree to waive subrogation against First Floor and subcontractors of all tiers for losses covered by the Builder's Risk policy. This waiver will prevent HCS' insurer from seeking subrogation against First Floor's or a stabcontractor's GLcoverage if a contractor caused damage to the project. The contract states that HCS has the responsibility to pay losses not covered by deductibles, but the contract does not state anything regarding excluded perils, inadequate limits, or property not covered. These can all be significant exposures. Other areas as outlined in the attached "Builder's Risk Considerations". Additional Insured status is still referenced for Pollution Liability coverage even though that coverage is not required by HCS, I recommend striking this language since First Floor is not required to carry Pollution Liability by HCS. As discussed previously, BB&T stilt recommends that you purchase Pollution Liability coverage to protect First Floor. Thanks, Brad Clark, CIC Vice President BB&T Insurance Services 4309 Emperor Blvd., Suite 300 Durham, NC 27703 919.281.4545 Direct 678.612.7403 Cell brad.clarlc@bbandt.com m a ilco d e: 120-80-01-15 From: Peeples, Kenneth Sent: November 17, 2015 10:30 AM To: Blanchard, Kathy; Clark, Brad Subject: Fwd: Hcs Ken Peeples 919-281-4510 office 919-215-9779 cell z PAPR - 003376 From: Robbie Ferris , Aaron Thomas , Mike Richter <~chter(c~talovin~; com> Subjects I+`vc~d: Hcs Guys, See attached exhibit B in the email from Keith Powell. Robbie Sent from my iPhone Begin forwarded message: From:. "Keith R. Powell" Date: November 17, 2015 at 9:47:32 AM EST To: "Robbie Ferris (RFerris ,sfla.biz)" , "Ara Heinz (AHeinz(a~horr,~countyscliools.net)" , John Gardner , Kenneth Generette , "rniaxevna,horrvcountyschools.net" Cc: "William F. Halligan" Subject: RE: Hcs Robbie & HCS folks: Ex B updated draft attached for review &comment. Waiting on HCS comments an 141 and Ex A. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.coin (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to exaxnine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. On Nov 17, 2015, at 7:43 AM, Robbie Ferris »~es,sug~z is inlenr~eil fr:~r~ ~Ite :cola z~s~ a~~the inc~i~~ic~uirl u~' E'19I11)- /{I 1•(~I~rc11 i~ is cac~cr'i•c~,s•~~c~c1 Il,voi~ crr~ r~c~t. the //?l'G'17C1G'clreei~ierrt, ~-vtr ur~e notifr'ecl tl~crt cira~~ arse, C.'11.5'1F'!~)1l~tt)F'/ f~T" C0~)1%171~~ Of 1~2C 1't?(?,S1SU~FE? l.S 5'17'1Cl~J-~)1'O~?II)7t8G~ ~f Vt1tG f'CCf'll;t,'G~ (~1ZS tI2CS,CCl~;6' /!'! GF'PO7", 1)~E'C.I,S'E? G~G'~L'1C' ~~'tL' 1'f7(.1/C!/7f.'l~ fF'O('ll ;1'(1211",S1'.S/e;t11 YI'7IGtU1.// T'C(!lIlF1~r j~lE'. C(.JF?811/ C!124~ 1IO~l~' /J9E'. J'C'.77(i~GF' ll?'17?'!f'C11Cl~f?j}.' (7~ ~~9f' li'1G([~lr(?7"~t'.M~ PAPR - 003378 _. From: Keith R. Powell [mailto:kpowell@childs-halligan.net] Sent: November 17, 2015.1:22 PM To: Robbie Ferris Cc: Clark, Brad Subject: RE: HCS ~ Exhibit B Here are the forms. The BR policy tall~s about "your" property, but the IRF won't let HCS name a nongovernment entity as an insured or loss payee. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-haliigan.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. if you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us bytelephoi~e as listed above immediately. From: Robbie Ferris [mailto:RFerrisCalsfla.biz] Sent: Tuesday, November 17, 2015 12:22 PM To: Keith R. Powell Cc: Clark, Brad (Brad.Clark@BBandT.com) Subject: FW: HCS ~ Exhibit B Keith, Apparently our insurance company sent me an email about this a few days ago that T never sent you. Sorry!! Feel free to call Brad directly to discuss his concerns. Robbie Robbie/Mike, After reviewing this updated draft, I still see the same potential problem areas as previously outlined. There are some significant gaps in the protection of First Floor and subcontractors with the language used for Builder's Risl< coverage, specifically: • ~ ~ • Design-Builder and subcontractors of all tiers should have insured status on the Builder's Risk policy in order to ensure your interests are protected. I-ICS should agree to waive subrogation against First Floor and subcontractors of all tiers for losses covered by the Builder's Risk policy. This waiver will prevent HCS' insurer from seeking subrogation against First Floor's or a subcontractor's GL coverage if a contractor caused damage to the project. The contract states that NCS has the responsibility to pay losses not covered by deductibles, but the contract does not state anything regarding excluded perils, inadequate limits, or property not covered. These can all be significant exposures. Other areas as outlined in the attached "Builder's Risk Considerations". Additional Insured status is still referenced for Pollution Liability coverage even though that coverage is not required by HCS. I recommend striking this language since First Fioor is not required to carry Pollution Liability by HCS. As discussed previously, BB&T stilt recommends that you purchase Pollution Liability coverage to protect First Floor. 2 PAPR - 003379 Tha n i Date: November 17, 2015 at 9:55:52 AM EST To: Nancy Zablud , Mike Wawrzyniak , "Kenneth J. Peeples" <~eeples ~,bbandt.com>, Aaron Thomas , Mike Richter Subject: Fwd: Hcs Guys, See attached e~ibit B in the email from Keith Powell. Robbie Sent from my iPhone Begin forwarded message: an From: "Keith R. Powell" <~owellnae,childs-halli~.net> Date: November 17, 2015 at 9:47:32 AM EST To: "Robbie Ferris (RFei~ris e,,sfla.biz)" , "Ara Heinz (AHeinz cr,horr~countyschools.net)" , John Gardner , Kenneth Generette , PAPR - 003380 "rmaxey_(c~horrycountyschools.uet" Cc: "Vdilliam F. Halligan" Subject: RE: Hcs Robbie & HCS folks: Ex B updated draft attached for review &comment. Waiting on HCS comments on 141 and Ex A. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halli an.com (803)254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. On Nov 17, 2015, at 7:43 A1VI, Robbie Ferris Wednesday, November 18, 2015 10:04 AM Keith R. Powell hcs draw request.xlsx hcs draw request.xlsx Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Keith, I should have put the names on the schools. See the new attachment. Also I made a $10,000 typo on the Myrtle beach MS that I send you last might. This version is corrected. The amount in this spreadsheet aligns with our schedule of values so hopefully these amounts will be ok with you but if not we could round it to 1,100,000 per school. Rounding just means we would have to re do the schedule of values and it would get a little messy with subs. am planning on being at HCS at 3 to sign everything unless I hear otherwise from you. Robbie ~~ x~ /y k 8 i; hi Cll l I :I 1: 15 Robert W. Ferris, AIA, REFP, LEED AP CEO/President 333 FayetCeville Street, Suite 225 Raleigh, NC 276QT Cell: 919.610.2251 Fax: 919.573.6355 rferrisC~sfla. biz www. sfla, biz 1 PAPR - 003382 Sheri L. Wainscott From: Sent: To: Subject: Attachments: Keith R. Powell Wednesday, November 18, 2015 10:14 AM Robbie Ferris Re: hcs draw request.xlsx image001jpg Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Thanks. Discussing all (finally) with HCS today. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halli~an.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. On Nov 18, 2015, at 10:04 AM, Robbie Ferris wrote: Keith, I should have put the names on the schools. See the new attachment. Also I made a $10,000 typo on the Myrtle beach MS that I send you last might. This version is corrected. The amount in this spreadsheet aligns with our schedule of values so hopefully these amounts will be ok with you but if not we could round it to 1,100,000 per school. Rounding just means we would have to re do the schedule of values and it would get a little messy with subs. am planning on being at HCS at 3 to sign everything unless I hear otherwise from you. Robbie Robert W. Ferris, AIA, REFP, LEED AP CEO/President 333 Fayetteville Street, Suite 275 Raleigh, NC 27601 Cell: 919.b10.2251 Fax: 919.573.6355 rferrisC~sfla.biz www.sfla.biz PAPR - 003383 .i PAPR - 003384 (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received Yhis e-frail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. From: Robbie Ferris [maiito:RFerrisCc~sfla.biz] Sent: Tuesday, November 17, 2015 12;22 PM To: Keith R. Powell Cc: Clark, Brad (Brad.ClarkC~BBandT.com) Subject: FW: HCS ~ Exhibit B Keith, Apparently our insurance company sent me an email about this a few days ago thatInever sent you. Sorry!! Feel free to call Brad directly to discuss his concerns. Robbie Robbie/Mike, After reviewing this updated draft, I stilt see the same potential problem areas as previously outlined. There are some significant gaps in the protection of First Floor and subcontractors with the language used for Builder's Risl< coverage, specifically: • • • • Design-Builder and subcontractors of all tiers should have insured status on the Builder's Risk policy in order to ensure your interests are protected. HCS should agree to waive subrogation against First Floor and subcontractors of all tiers for losses covered by the Builder's Risk policy. This waiver will prevent HCS' insurer from seeking subrogation against First Floor's or a subcontractor's GL coverage if a contractor caused damage to the project. The contract states that HCS has the responsibility to pay losses not covered by deductibles, but the contract does not state anything regarding excluded perils, inadequate limits, or property not covered:.These can all be significant exposures. Other areas as outlined in the attached "builder's Risl< Considerations". Additional Insured status is still referenced for Pollution Liability coverage even though that coverage is not required by HCS, I recommend striking this language since First Floor is not required to carry Pollution Liability by HCS. As discussed previously, BB&T still recommends that you purchase Pollution Liability coverage to protect First Floor. Thanks, Brad Clarl<, GC Vice President BB&T Insurance Services 4309 Emperor Blvd., Suite 300 Durham, NC 27703 919.281.4545 Direct 678.612.7403 Cell brad.clarlc(~bbandt.com mailcode: 120-80-01-15 3 PAPR - 003385 From: Peeples, Kenneth Sent: November 17, 2015 10:30 AM To: Blanchard, Kathy; Clark, Brad Subject: Fwd: Hcs j' ,' j Ken Peeples 919-281-4510 office 919-215-9779 cell Via iPhone Begin forwarded message: From: Robbie Ferris , Mike Wawrzyniak , "Kenneth J. Peeples" , Aaron Thomas , Mike Richter Subject: Fwd: Hcs Guys, See attached exhibit B in the email from Keith Powell. Robbie Sent from my iPhone Begin forwarded message: n.net> ` From: "Keith R. Powell" , "Ara Heinz (AHeinz(a~honycountvschools.net)" , John Gardner , Kenneth Generette KGenerette(c(c~horrvcountvschools.net>, "rinaxey(a~horrycountvschools.net" Cc: "William F. Halligan" Subject: RE: Hcs Robbie & HCS folks: Ex B updated draft attached for review &comment. Waiting on HCS comments on 141 and Ex A. Keith R. Powell Childs &Halligan, P.A. PAPR - 003386 Columbia, South Carolina www.childs-halli an.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. i j { ~ ~ On Nov 17, 2015, at 7:43 AM, Robbie Ferris ~ior2 ~rzcn- cc.7t21icirr nr~oprielQ))- lt79[t~ )7DY1J7'ilhllG t19fC7l~trzulio» of, /3.I3c~ T r..~r~ its crffilic~Ce.~~ cu~~l natn~ be ,Sr.~hjeet tur~r~~~ec~iu~~ ztncler t1~~ l«~,-. Thcr ~~~es,scrg(' !S l.17tf'raded ,~~n~ the .Sr.~lc ztsc~ nf~tl7e l77llll~icltac~! ~~r~ entr.'~- to i-►•',Z1CI~ Il` l.4 (ICILlr7"('S',s•ecl. It j%nc~ are »ot the irtt`encled 7"G'i''1~)IP72/~ ~►-(?7G ("!7"(' 32ll~lflC~C77Ir1Gd~ G'/7l~' USE', cli.strihc~~ioT~ or' CC}].7l'IF?~r D~ ~~I.E' 117f'S.5'C(~rC' lS' ,S'j7"Zt~~l}~ l~r~~Ivibitec~ If uc>t~ recei~°E~c1 tlr.~s r~ae.~~si~,~;c~ ire er~•vr,1~Ic~case delete tlae r~~irlericrl,fi~olr~ yvt~r ,systetrt 1•I-II'~t0l,//' H'[''C'fCjl12!; f'~7L' CO]ltf'ht C(J9CI %tO~lf y' J.`~?6' ,s•e~2dc~r irt~ar~2ecliittc~~)- OJ~ f{2E' Il'1ClL'I1-EITL'Ftl /YG(!'I.Sr121,5:S1O17. 5 PAPR - 003387 REDACTED From: Charles Jordan Date: November 13, 2015 at 2:23:08 PM EST To: "joedefeo~a horrvcountyschools.net" yoedefeo(a~hoilycount~schools.net> Cc: "wlhug ins ,wpde.coin" , "cb~(a~,thesunnews.com" Subject: Horry County School Construction PAPR - 003388 Charles B. Jordan 61.2 La~~eside Drive Conway, SC 29526 VIA EMATL;; joedefeo~c~,hoi1~c and Cet~tified Mail vschools.net NovembeY~ 13, 2015 Joe Defeo PO Box 260005 Conway, SC 29528-6Q05 bear Board Member: As a citizen of Irony County I am very disappoiilted vritli the Board's decision to spend the. majority of the fields available for new school design and construction with the high bidder on one intermediate school, three middle schools, and one elementary school, I seriously doubt that funds will be available in the. near future for a much needed high school in the Carolina. Forest. area without significant tax increases. Also, Y am disappointed that the Board dropped tlxe 5 year experience requirevnent and the bondi~ig requizen~ent of the entzxe contract. First, with my education, certification, and experience, I am qualified to express a reasonably accurai:e opinion of the situation that exists. I am a native of Hong Couniy. I attended the public school system here, graduated from Tlie University of South Carolina in ~~gineeriug with axe. emphasis in mechanical engineering, was manager of commercial power use depa~~tment for Duke Enexgy i~~ Chaxlotte, obtained rzay pxofessional engineering registration in both N.ortli and South Carolina, and was a construction executive in Hoiry County for over forty years. Dtui~~:g that tune, I have had the ultimate const~~uction responsibility for numerous schools in North and South Caxolina. Also, the Horny County School System. has expressed co~i~dence in zne by appointing me to several cointnittees including the selection committee for two. of its previous znaz~.agez•s in the construction department and to serve on a consi~ruction mediation case. The cost of coiistxuction off' Ocean Bay Middle, Hol~iesto~wt1 Road Elementary, Black. Water' Middle and River Oaks Elementary combined was ap~iroxunately $68,714,000 at that Time. Adjust the cost upwa~~d 1) to reflect 10%for design, testing, and miscellaneous fees, 2)to reflect inflation per The Engineering New-Record cost data for Atlanta, 3) to add. for another school, and 4) to add FF&E for the, five schools, then the present cost as of July 2015 would be . approximately $X33,658,.000. Tlus is over $I OS,000,OOQ premium to accept First I~Ioor Proposal. Assume: that these funds axe borrowed at 4.5%for 20 years (highest rate since this is an add-on), then the additional cost including iultaxest would be $].5.9,000,000 ovex tl~.e n,ex120 years. PAPR - 003389 Joe Defeo November 13, 2015 Page 2 On August 21, 2015 ~iCS issued addendum #7 statixlg, "HCS agrees that design liability need not be bonded vy the A312 to the extex~.t coveted by the designer's professional responsibility insurance." This IS tofally unacceptable. The bond coverage cannot be cancelled or dropped for any reason. Yt guarantees performance by the Design/Builcl Companq. If the claims made in the Design/Build Company's proposal are notmet, then the bonding cornpauy is responsible. However, professional liability insurance is to protect the professional and will offer coverage. if it exists. Coverage will immediately stop Co exzst if tha policy is cancelled of riot renewed bq either the professio~.al oz the insura~lce company. HCS will have no protection against Uad design if this occured. As mentioned earliez•, I have been responsible to build many schools. especially in Horry County. Never have I seen so many irregularities. Yimplore the Board to reconsider issuing a contract for these school buildings for $240,000,000. Sincerely, ~- ~, ' Charles B. Jordan c; VJ.L, Huggins, President and CEO WPDE ~vlhu~~ins(r7t,~vpde.com Claire Byun The Sut~: News cbyun(c~thesunnews.com PAPR - 003390 Sheri L. Wainscott From: Sent: To: Subject: Clark, Brad Wednesday, November 18, 2015 2:17 PM Keith R. Powell; Robbie Ferris (RFerris@sfla.biz) RE: HCS ~ Exhibit B Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Thank you Keith. will review the coverage and inform Robbie,/ Firstfloor Energy Positive LLC ("PEEP"j of any concerns. If you would like, I will pursue a Builder's Risl< coverage option in the voluntary marketplace that will list HCS, FFEP, and subcontractors as named insureds. HCS can compare this to the premium and coverage available through the IRE. Do you knew what wind/named storm deductible the IRE uses? Thanks, Brad Clarlc, UC Vice President BB&T Insurance Services 4309 Emperor Blvd., Suite 300 Durham, NC 27703 919.281.4545 Direct 678.612.7403 Cell brad.clarl Date: November 17, 2015 at 5:30:59 PM EST To: "Keith R. Powell" , Robbie Ferris Subject: RE: HCS ~ Exhibit B Keith, Can you please send me the Causes of Loss Form referenced in the Builders Risk Coverage Form and alt applicable endorsements/exclusions? I would like to review the excluded perils as the policy wording in the attachments you send provides very limited coverage for the exposure. Thank you, 2 PAPR - 003392 Brad Clarl<, CIC Vice President BB&T Insurance Services 4309 Emperor Blvd., Suite 300 Durham, NC 27703 919.281.4545 Direct 678.612.7403 Cell brad.darl<@bbandt.com mailcode: 120-8d-01-15 From: Keith R. Powell [mailto:kpowellCa~childs-halligan.net] Sent: November 17, 2015 1:22 PM To: Robbie Ferris Cc: Clark, Brad Subject: RE: HCS ~ Exhibit B Here are the forms. The BR policy talks about "your" property, but the IRF won't let HCS name a nongovernment entity as an insured or loss payee. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803) 254-4035 NOTICE: This e-~~iail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distrihute the accompanying material. If you receive this message, in error, please notify us by telephone as listed above immediately. From: Robbie Ferris [mailto:RFerrisCa~sf~a.biz] Sent: Tuesday, November 17, 2015 12:22 PM To: Keith R. Powell Cc: Clark, Brad (Brad.ClarkCc~BBandT.com) Subject: FW: HCS ~ Exhibit B Keith, Apparently our insurance company sent me an email about this a few days ago thatInever sent you. Sorry!! Eeei .free to call Brad directly fo discuss his concerns. Robbie Robbie/Mike, After reviewing this updated draft, I still see the same potential problem areas as previously outlined. There are some significant gaps in the protection of First Floor and subcontractors with the language used for Builder's Risl< coverage, specifically: • • Design-Builder and subcontractors of ail tiers should have insured status on the Builder's Risk policy in order to ensure your interests are protected. HCS should agree to waive subrogation against First Floor and subcontractors of all tiers for losses covered by the Builder's Risk policy. This waiver will prevent HCS' insurer from seeking 3 PAPR - 003393 • • subrogation against First Floor's or a subcontractor's GL coverage if a contractor caused damage to the project. The contract states that HCS has the responsibility to pay losses not covered by deductibles, but the contract does not state anything regarding excluded perils, inadequate limits, or property not covered. These can all be significant exposures. Other areas as outlined in the attached "Builder's Risk Considerations". Additional Insured status is still referenced for Pollution Liability coverage even though that coverage is nofi required by HCS. ~I recommend striking this language since First Floor is not required to carry Pollution Liability by HCS. As discussed previously, BB&T still recommends that you purchase Pollution Liability coverage to protect First Floor. Thanks, Brad Clark, CIC Vice President BB&T Insurance Services 4309 Emperor Blvd., Suite 300 Durham, NC 27703 919.2$1.4545 Direct 678.612.7403 Cell brad.ctark@bbandt.com ma ilcode: 120-80-01-15 From: Peeples, KennetH Sent: November 17, 2015 10:30 AM To: Blanchard, Kathy; Clark, Brad Subject: Fwd: Hcs Ken Peeples 919-281-4510 office 919-215-9779 cell Via iPhone Begin forwarded message: From: Robbie Ferris , "Kenneth J. Peeples" , Aaron Thomas , Mike Richter Subject: Fwd: Hcs Guys, See attached e~ibit B in the email from Keith Powell. Robbie Sent from my iPhone 4 PAPR - 003394 Begin forwarded message: From: "Keith R. Powell" Date: November 17, 2015 at 9:47:32 AM EST To: "Robbie Ferris (RFerris e,sfla.biz)" , "Ara Heinz (AHeinznue,horrycountyschools.net)" , John Gardner vschools.net>, Kenneth Generette , "rmaxey~a,horrvcountvschools.net" Cc: "William F. Halligan" Subject: RE: Hcs Robbie & HCS folks: Ex B updated draft attached for review &comment. Waiting on HCS comments on 141 and Ex A. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halli fan.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. ' On Nov 17, 2015, at 7:43 AM, Robbie Ferris , "Kenneth J. Peeples" , Aaron Thomas , Mike Richter Subject: Fwd: Hcs Guys, See attached exhibit B in the email from Keith Powell. Robbie Sent from my iPhone Begin forwarded message: From: "Keith R. Powell" Date: Novennber 17, 2015 at 9:47:32 AM EST To: "Robbie Ferris (RFerris a,sfla.biz)" , Mark Wolfe , "Ara Heinz vschools.net)" (AHeinz(c~hoi~r,~c , John Gardner , Kenneth Generette , "im~ev ,horn countyschools.net" Cc: "William F. Halligan" Subject: RE: Hcs Robbie & HCS follcs: Ex B updated draft attached for review &comment. Waiting on HCS comments on 141 and Ex A. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halli~an.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. On Nov 17, 2015, at 7:43 AM, Robbie Ferris >ed zhi.ti~ messcrge r» e~•rot~, please ~leletc,- the rrzcrzer•i~cl fi~om ~-~~ur s~-stc~n7 Sri/hnr~t re~clir~ y l~ae eonte»! ~zncl ncr~ifj- clad ,se~u~er• imrrreclicrlel~- of llze i~~a~~~~er~ter~~ tr•czn.sri~i,sS1C772. PAPR - 003400 Sheri L. Wainscott From: Sent: To: Subject: Robbie Ferris Wednesday, November 18, 2015 3:07 PM Keith R. Powell Horry Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Keith, How are you feeling about signing contracts on Thursday, is Friday more realistic. I am trying to plan my day. I would hate to push it out until Monday but I can also do it on Monday since I will be there anyway for the board meeting at 4 o'clock Sent from my iPhone 1 PAPR - 003401 Sheri L. Wainscott From: Sent: To: Subject: Keith R. Powell Wednesday, November 18, 2015 3:09 PM Robbie Ferris Re: Horry Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category I'll tell you after this call I'm about to start Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803)254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorneyclient privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. > On Nov 18, 2015, at 3:06 PM, Robbie Ferris wrote: > Keith, > How are you feeling about signing contracts on Thursday, is Friday more realistic. I am trying to plan my day. I would hate to push it out until Monday but I can also do it on Monday since I will be there anyway for the board meeting at 4 o'clock > Sent from my iPhone 1 PAPR - 003402 Sheri L. Wainscott From: Sent: To: Subject: Keith R. Powell Wednesday, November 18, 2015 5:04 PM Robbie Ferris Fwd: Horry Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Let's do Friday. I got assorted instructions today that will take another round of editing and review tomorrow. Keith R. Powell Childs & I3alligan, P.A. Columbia, South Carolina www.childs-hal li pan. com (803)254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. Begin forwarded message: From: Robbie Ferris Date: November 18, 2015 at 3:06:36 PM EST To: "kpowell(a~childs-halli ~an.net" Subject: Horry Keith, How are you feeling about signing contracts on Thursday, is Friday more realistic. I am trying to plan my day. I would hate to push it out until Monday but I can also do it on Monday since I will be there anyway for the board meeting at 4 o'clock Sent from my iPhone PAPR - 003403 Sheri L. Wainscott From: Robbie Ferris Sent: To: Subject: Wednesday, November 18, 2015 5:07 PM Keith R. Powell Re: Horry Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Will do No worries Please get me a final draft as soon as possible so I can run it by the bonding company Sent from my iPhone On Nov 18, 2015, at 5:04 PM, Keith R. Powell wrote: Let's do Friday: I got assorted instructions today that will take another round of editing and review tomorrow. Keith R. Powell Childs &Halligan, P.A. Columbia, South Caxolina www.childs-halli pan.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. Begin forwarded message: From: Robbie Ferris Date: November 18, 2015 at 3:06:36 PM EST To: "kpowell(~childs-halligan.net" <~owell~a~,childs-halli~an.net> Subject: Horny Keith, How are you feeling about signing contracts on Thursday, is Friday more realistic. I am trying to plan my day. I would hate to push it out until Monday but I can also do it on Monday since I will be there anyway for the board meeting at 4 o'clock Sent from my iPhone i PAPR - 003404 Sheri L. Wainscott From: Sent: To: Subject: Attachments: Keith R. Powell Wednesday, November 18, 2015 6:13 PM Robbie Ferris (RFerris@sfla.biz) HCS contracts forms Standard HCS Const Contract Lang.pdf; 673757_2 141 main -Working Draft - (1).docx; 673449 EX A.docx Importance: High Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Robbie — Following a lengthy discussion with the HCS, attached are the two main documents marked up again. Also attached is a PDF I just got containing information about two topics referenced in the drafts, which I wish had been provided months ago. You should carefully review these, especially highlighted areas. Three I Wednesday, November 18, 2015 9:48 PM Keith R. Powell Aaron Thomas (athomas@metconus.com)' RE: HCS contracts forms Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Keith, My thoughts are outlined below in red. I have done my best but these requests cost money that we don't have in the job. Robbie From: Keith R. Powell [mailto:kpowell@childs-halligan.net] Sent: Wednesday, November 18, 2015 6:13 PM To: Robbie Ferris Subject: HCS contracts forms Importance: High Robbie — Following a lengthy discussion with the HCS, attached are the two main documents marked up again. Also attached is a PDF I just got containing information about two topics referenced in the drafts, which I wish had been provided months ago. You should carefully review these, especially highlighted areas. Three I Date: November 18, 2015 at 9:47:49 PM EST To: "Keith R. Powell" Cc: "Aaron Thomas (athomas(a~metconus.com)" Subject: RE: HCS contracts forms Keith, My thoughts are outlined below in red. I have done my best but these requests cost money that we don't have in the job. Robbie From: Keith R. Powell [maiito:kpowellCa~childs-halligan.net] Sent: Wednesday, November 18, 2015 6:13 PM To: Robbie Ferris Subject: HCS contracts forms Importance: High Robbie — Following a lengthy discussion with the HCS, attached are the two main documents marked up again. Also attached is a PDF I just got containing information about two topics referenced in the drafts, which I wish had been provided months ago. You should carefully review these, especially highlighted areas. Three I wrote: Keith, My thoughts are outlined below in red. I have done my best but these requests cost money that we don't have in the job. Robbie From: Keith R. Powell [mailto:kpowell a(.~childs-halligan.net] Sent: Wednesday, November 18, 2015 6:13 PM To: Robbie Ferris Subject: HCS contracts forms Importance: High Robbie — Following a lengthy discussion with the HCS, attached are the two main documents marked up again. Also attached is a PDF I just got containing information about two topics referenced in the drafts, which I wish had been provided months ago. You should carefully review these, especially highlighted areas. Three key issues: 1. HCS wants to maintain the May 1substantial completion date that is in the consciousness of the public and the board, unless and until the Board agrees to a change. (don't feel like this request is reasonable in addition the schedule is not totally within my control. Our subcontractors bid the work in accordance with the schedule we published. Our schedule was in accordance with the RFP. To accelerate the schedule our subs will have to work nights and weekends or supplement their staff, which is costly. PAPR - 003412 assume this is would be very distasteful to -the Board but after contracts are signed we would 15t be willing to put together a cost to accelerate the projects and complete the work by May Assembling a cost to accelerate and developing a new schedule would take tremendous effort and time so it would need to be done after contracts are executed. I Know you had your reasons but I wish HCS had signed the permit applications when we had requested, this would have made your request to accelerate the project much easier to manage. I am so very sorry but the only way I Know to accelerate the schedule. 2. HCS also wants to be able to use the designs as prototypes for the future, another topic which wish had been brought up sooner but one to which they attach obvious importance. They wanted to "own the plans" but I have tried to convert this to a license to use it as a prototype, recognizing the SC Architecture board's policy on the same requires re-sealing of re-used plans anyway, and also recognizing that there is no need for HCS to "own" the copyright to your work to the extent you may want to copy your own work elsewhere. Our company policy is that we do not grant ownership of drawings unless we are paid upfront for those rights. We could quote you a fee for that however what we typically see is at the time of re-use we would negotiate a contract for the re-use of the plans. We typically charge re-use fee of approximately 6%for a high performance building. In addition, we would need to approve the contractor and I Thursday, November 19, 2015 9:38 AM Keith R. Powell Re: Horry Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Keith, just realized that the contract says we have to pay our subcontractors all of their retainage as the work progresses but that we cannot bill for that retainage. That means we will have to front 3 1/2% of the contract which is millions of dollars Is that really your intent, is there anyway we can get that relaxed Sent from my iPhone > On Nov 18, 2015, at 3:08 PM, Keith R. Powell wrote: > I'il tell you after this call I'm about to start > Keith R. Powell > Childs &Halligan, P.A. > Columbia, South Carolina > www.childs-halligan.com > (803) 254-4035 > NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. » On Nav 18, 2015, at 3:06 PM, Robbie Ferris wrote: » Keith, »How are you feeling about signing contracts on Thursday, is Friday » more realistic. I am trying to plan my day. I would hate to push it » out until Monday but 1 can also do it on Monday since I will be there »anyway for the board meeting at 4 o'clock »Sent from my iPhone 1 PAPR - 003415 Sheri L. Wainscott From: Sent: To: Cc: Subject: Attachments: Keith R. Powell Thursday, November 19, 2015 10:36 AM Robbie Ferris Aaron Thomas (athomas@metconus.com); William F. Halligan RE: HCS contracts forms Sealing and Direct Supervision Policy.pdf Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Robbie — I may. be interrupted as I work right now, so I'll call you bacfc when I know I can stay online. For #2, I think some middle ground can be reached. The HCS noted that they wished to engage in this program with a common "conceptual" design, and keep using that concept, That common design has now evolved into the FFEP design instead of the one adopted last year by the board —and FFEP has spent a lot of time explaining why this is the evolution or correction,of the published HCS design into what you are about to build. HCS essentially wants to be able to consider your expression of the requirements as the new "conceptual" design for future projects. Under the SC Architecture "sealing &direct supervision policy" (attached) the HCS would have little use for anything beyond the conceptual and SD work, since any architect would have to invest the time to do personal supervision of the design for any future project. Under the SC policy, they could not just "re-use" your CD set. Thus, to try to satisfy everybody, could we look at a license to use your proposed design as submitted in the RFP response, including your programming consultant's "updating" or "fixing" of the HCS prototype, but not necessarily the DD and CD documents that you prepare for these S specific iterations of that concept? Take another look at the actual language of the contract draft I sent and see if this accomplishes this middle ground. The SC Architecture board used to have a freestanding "prototypical design policy" but I guess it has morphed into the "sealing and direct supervision policy." We can mention this policy in the contract if needed, but this is what I had in mind trying to hit a middle ground with my suggested language. On #1(schedule) — I have no news yet and solving this is my priority today. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. From: Robbie Ferris [mailto:RFerris@sfla.biz] Sent: Wednesday, November 18, 2015 9:48 PM To: Keith R. Powell Cc: Aaron Thomas (athomas@metconus,com) Subject: RE: HCS contracts forms Keith, 1 PAPR - 003416 My thoughts are outlined below in red. i have done my best but these requests cost money that we don't have in the job. Robbie From: Keith R. Powel! [mailto:kpowell@childs-halligan.net] Sent: Wednesday, November 18, 2015 6:13 PM To: Robbie Ferris Subject: HCS contracts forms Importance: High Robbie — Following a lengthy discussion with the HCS, attached are the two main documents marked up again. Also attached is a PDF I just got containing information about two topics referenced in the drafts, which I wish had been provided months ago. You should carefully review these, especially highlighted areas. Three I On Nov 18, 2015, at 3:08 PM, Keith R. Powell wrote: > I'll tell you after this call I'm about to start > Keith R. Powell > Childs &Halligan, P.A. > Columbia, South Carolina > ww.w.childs-halligan.com > (803) 254-4035 > NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. » On Nov 18, 2015, at 3:06 PM, Robbie Ferris wrote: »Keith, »How are you feeling about signing contracts on Thursday, is Friday »more realistic. I am trying to plan my day. I would hate to push it »out until Monday but I can also do it on Monday since I will be there »anyway for the board meeting at 4 o'clock »Sent from my iPhone z PAPR - 003420 Sheri L. Wainscott From: Sent: To: Subject: Robbie Ferris Thursday, November 19, 2015 12:16 PM Keith R. Powell Re: Horry Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Thank you, let me know status of things the same as you find out Sent from my iPhone On Nov 19, 2Q15, at 12:06 PM, Keith R. Powell <1 wrote: This is the statute -obviously the result of good lobbying by subcontractors: "SECTION 11-35-3030. Bond and security. ... (4) Retention. (b) Release of Retained Funds. When the work to be performed .,. is to be performed by .., a prime contractor and multiple subcontractors, the work contracted to be done by each individual contractor or subcontractor is considered a separate division of the contract for the purpose of retention. As each division of the contract is certified as having been completed, that portion of the retained funds which is allocable to the completed division of the contract must be released forthwith to the prime contractor, who, within ten days of its receipt, shall release to the subcontractor responsible far the completed work the full amount of retention previously withheld from him by the prime contractor." in effect there are two pots of retainage that do not mix. The Owner's retainage on the DB is essentially treated as a separate matter from the last 3.5% on each sub's amount in the Schedule of Values. HCS would have to give up its retainage leverage over the DB if it allowed the DB retainage to be reduced as subs are paid in full. I sense they have no interest in that. It would mainly be between the DB and the sub as to when that sub has completed its contract, however. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disciosable and protected byattorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. -----Original Message----From: Robbie Ferris (mailto:RFerris@sfla.biz] Sent: Thursday, November 19, 2015 9:38 AM To: Keith R. Powell Subject: Re: Horry 1 PAPR - 003421 Keith, just realized that the contract says we have to pay our subcontractors alI of their retainage as the work progresses but that we cannot bill for that retainage. That means we will have to front 3 1/2% of the contract which is millions of dollars Is that really your intent, is there anyway we can get that relaxed Sent from my iPhone > On Nov 18, 2015, at 3:08 PM, Keith R. Powell wrote: > I'll tell you after this call I'm about to start > Keith R. Powell > Childs &Halligan, P.A. > Columbia, South Carolina > www.childs-halligan.com > (803) 254-4035 > NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. »On Nov 18, 2015, at 3:06 PM, Robbie Ferris wrote: »Keith, »How are you feeling about signing contracts on Thursday, is Friday »more realistic. I am trying to plan my day. I would hate to push it »out until Monday but I can also do it on Monday since I will be there »anyway for the board meeting at 4 o'clock »Sent from my iPhone 2 PAPR - 003422 Sheri L. Wainscott From: Sent: To: Subject: Keith R. Powell Thursday, November 19, 2015 12:30 PM Robbie Ferris (RFerris@sfla.biz) FW: HCS contracts forms Importance: High Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Getting down to home stretch I hope: 1. The staff does not believe it has authority to extend beyond the May 1St date. It is clear to me that I'm not going to be able to dcs anything about that in the absence of a board action. However, FFEP has a monthly report directly to the Board, so certainly you will have many opportunities to explain the reasonableness and basis of the proposed durations to the Board and seek the necessary extensions — so much was made of this in the informal statements and press, though, that it may not be in anyone's interest to breach the May 1date while so much public attention is focused on this. When the SMS site is pinned down, for example, might be a time to address it. 2, Marlc has a simpler outline of the prototype issue. As far as I can tell this is the main clause to bear down upon today and tomorrow. 3. I can't make any progress on the proposal costs reimbursement. 4. I can't male any progress on the retainage issue. 5. Everyone is relieved there has been no protest. think we ought to plan to do this execution meeting on Monday. I would like to get all the terms settled by mid-day tomorrow and then be able to create and circulate the final sets of all 5 projects on Friday afternoon. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.chiids-haIIiga n.com (803) 254-4035 NOTICE: This e-snail may contain information that is personal and confdential, non-disclosable and protected by attorney-client privilege. If you have received this e-snail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you. receive this message in error, please notify us bytelephone as listed above immediately. REDACTED PAPR - 003423 HIIEACTE From: Sent: To: Cc: Subject: Robbie Ferris Thursday, November 19, 2015 12:54 PM Keith R. Powell Aaron Thomas (athomas@metconus.com); mrichter@taloving.com RE: HCS contracts forms Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Keith, OI<, I suggest we bring the schedule issue to the board Monday night and we sign the contracts after the board meeting. Hopefully the board will agree to pushing the schedule out. I honestly can't imagine them not agreeing that since we have been delayed we should push the end date out. From: Keith R. Powell [mailto:kpowell@childs-halligan.net] Sent: Thursday; November 19, 2015 12:30 PM To; Robbie Ferris Subject: FW: HCS contracts forms Importance: High Getting down to home stretch I hope: 1. The staff does not believe it has authority to extend beyond the May 1S' date. It is clear to me that I'm not going to be able to do anything about that in the absence of a board action. However, FFEP has a monthly report directly to the Board, so certainly you will have many opportunities to explain the reasonableness and basis of the proposed durations to the Board and seek the necessary extensions — so much was made of this in the informal statements and press, though, that it may not be in anyone's interest to breach the May 1date while so much public attention is focused on this. When the SMS site is pinned down, for example, might be a time to address it. 2. Maric has a simpler outline of the prototype issue. As far as I can tell this is the main clause to bear dawn upon today and tomorrow. 3. I can't make any progress on the proposal costs reimbursement. 4. I can't make any progress on the retainage issue. 5. Everyone is relieved there has been no protest. think we ought to plan to do this execution meeting on Monday. I would like to get all the terms settled by mid-day tomorrow and then be able to create and circulate the final sets of all 5 projects on Friday afternoon. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803) 254-4035 1 PAPR - 003425 NOTICE: This e-mail may contain inforrnation that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distributethe accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. REDACTED PAPR - 003426 ~ i Sheri L. Wainscott From: Sent: To: Cc: Subject: Robbie Ferris Thursday, November 19, 2015 1:03 PM Keith R. Powell Aaron Thomas (athomas@metconus.com); William F. Halligan RE: HCS contracts forms Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Ok, I am reviewing this again, Thanks for the explaination... From: Keith R. Powell [mailto:kpowell@childs-halligan.net] Sent: Thursday, November 19, 2015 10:36 AM To: Robbie Ferris Cc: Aaron Thomas (athomas@metconus.com); William F. Halligan Subject: RE: HCS contracts forms Robbie — I may be interrupted as I work right now, so I'll call you bacl Thursday, November 19, 2015 424 PM Keith R. Powell RE: HCS contracts forms Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Here is where I think we are, call me anytime to discuss if you have questions: 1. On the schedule I have talked with our subs and they can't accelerate the schedule with an increase in cost. wish this answer were different so I guess we will have to go get the board to address the issue. 2. We consider the following a very big concession. We will grant HCS use of the drawings as you outlined in 12.3 but I prefer to strike "to the extent permitted by law" in the second to last line. My logic is that if they use my drawings and I am sued at the very least they should guarantee that they will pay my cost of defense and time associated with such defense. Also, in 12.3.1- in the first line change "shall" to "will endeavor to". I don't even know who all of the designers are at this point plus I can't guarantee that they will agree. I will work very hard to get this done. In addition, in exchange for this right to use the drawings we would ask the following three things be added to the contract. a. We be paid for our upfront work as previously discussed within 2 weeks of signing the contract. b. We be given the right to approve the owners selection of and scope for the commissioning agent. The owner will not hire the commissioning agent without our approval. 3. If the owner is interested we have found that we can buy a $15,000,000 professional liability insurance policy with an 8 year tail that covers all known designers at the time we bind the policy. That policy will cost us about $1,300,000.00 but if the owner is willing to limit our liability to the limits of our professional liability insurance we will spend the extra money on that policy. This would be a great benefit because the owner would have significantly more coverage (7 times) more than they would otherwise have. Plus it protects the owner over the 8 years. It costs us more money but I think it would protect us all. 4. Typos: a. 2.1.1- the design builder is repeated b. 9.8.3- review the .....i think you left the word work out? c. Were fine with exhibit e and f that you sent over. We would ask that you consider the following. Under section 5.7 Key Personnel, Contractors and Suppliers: If the Owner has objection to personnel, Contractors, or suppliers and require that another personnel, Contractor, or supplier be used, they should pay for the difference in price. From: Keith R. Powell [mailto:kpowell@childs-halligan.net] Sent: Thursday, November 19, 2015 12:30 PM To: Robbie Ferris Subject: FW: HCS contracts forms Importance: High Getting down to home stretch I hope: 1. The staff does not believe it has authority to extend beyond the May 15t date. It is clear to me that I'm not going to be able to do anything about that in the absence of a board action. However, FFEP has a monthly report directly to the Board, so certainly you will have many opportunities to explain the reasonableness and basis of 1 PAPR - 003432 the proposed durations to the Board and seek the necessary extensions — so much was made of this in the informal statements and press, though, that it may not be in anyone's interest to breach the May 1date while so much public attention is focused on this. When the SMS site is pinned down, for example, might be a time to address it. 2. Mark has a simpler outline of the prototype issue. As far as I can tell this is the main clause to bear down upon today and tomorrow. 3. I can't male any progress on the proposal costs reimbursement. 4. I can't male any progress on the retainage issue. 5. Everyone is relieved 'there has been no protest. think we ought to plan to do this execution meeting on Monday. I would like to get all the terms settled by mid-day tomorrow and then be able to create and circulate the final sets of all 5 projects on Friday afternoon. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.chiIds-halligan.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosa6le and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. REDACTED PAPR - 003433 All o-rt~ad correspondence to and from this address may ba suUjeG to public disclosure under the South Carolina Freedom of Information Aci jFOIA). This'wrtespondonce is intended exclusively for than inUividual or entity to which it is atlaressecf and may contain information Ihai is proFinatary, privilec~sA, con(idenlial or oU~envise legally exempt from disclosure If you are not the nair~ed addressee, you are not authorized Io reaA, prirL retain, copy ur disseminate this message or any part of il. If you received this cortespondence in error please inform the sendar immediately and delete the email and any aHarhmenls.(gwel) 3 PAPR - 003434 Sheri L. Wainscott From: Sent: To: Subject: Keith R. Powell Thursday, November 19, 2015 425 PM Robbie Ferris RE: HCS contracts forms Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Thani Thursday, November 19, 2015 6:12 PM Keith R. Poweli horry Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category For the site they don't have yet we need to use calender days from a notice to proceed or something of the sort...unless you have another idea...l just don't know where they are in buying that site. K~ 1~ t E E i Robert W. Ferris, AIA, REFP, LEED AP CEO/ President SfL+~ Architects 333 Fayetteville Street, Suite 225 Raleigh, tdC 27601 CeIL• 919.b10.225'I Fax: 919.573.6355 rferrisC~sfla.biz www.sfla.biz "I'd put my money on solar energy... I hope we don't have to wait till oil and coal run out before we tackle that." Thomas Edison, in conversation with Henry Ford and Harvey Firestone, March 1931. 1 PAPR - 003439 Sheri L. Wainscott Fram: Sent: To: Subject: Attachments: Keith R. Powell Friday, November 20, 2015 12:17 PM Robbie Ferris RE: HCS contracts forms EX B v2 -Working Draft - (1).docx; 673757_2 141 main -Working Draft - (1).docx Fo{Iow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Robbie —I've got a block of time from now to about 3:30 where I can't work on this. The A141 is attached with changes related to your points below. I am going to have to take this to the Board on Monday night for a motion, and will probably change the signatory from John Gardner to the board chair. Joe is aware of this. have put in the more generous time claims provisions that you think will get you the time you need, and I have updated the prototype language and increased the initial invoice per your chart. On SM5 we will probably leave in the 5/1 date as with the others, but can put in a clause allowing time for delays in acquiring asite —same principle. The insurance idea is worth considering but we don't have time to fully vet it, so I have added a note in Exhibit B that the insurance can be changed by agreement at any time. still need to fix 2.1.1 and to copy over the HCS's exhibits e and f, but wanted to get this to you before I get distracted for a few hours. What do you think? I will run you avariance-checked version of everything a little later today when I think we have all settled. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803) 254-4035 NOTICE: This e-mail inay contain information that is personal and confidential, non-disciosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. From: Robbie Ferris [mailto:RFerris@sfla.biz] Sent: Thursday, November 19, 2015 4.24 PM To: Keith R. Poweil Subject: RE: HCS contracts forms Here is where I think we are, call me anytime to discuss if you have questions: 1. On the schedule I have talked with our subs and they can't accelerate the schedule with an increase in cost. wish this answer were different so I guess we will have to go get the board to address the issue. 2. We consider the following a very big concession. We will grant HCS use of the drawings as you outlined in 12.3 but I prefer to strike "to the extent permitted by law" in the second to last line. My logic is that if they use my i PAPR - 003440 ~~:: drawings and I am sued at the very least they should guarantee that they will pay my cost of defense and time associated with such defense. Also, in 12.3.1- in the first line change "shall" to "will endeavor to'. 1 don't even know who all of the designers are at this point plus I can't guarantee that they will agree. I will work very hard to get this done. In addition, in exchange for this right to use the drawings we would ask the following three things be added to the contract. a. We be paid for our up front work as previously discussed within 2 weeks of signing the contract. b. We be given the right to approve the owners selection of and scope for the commissioning agent. The owner will not hire the commissioning agent without our approval. 3. If the owner is interested we have found that we can buy a $15,000,000 professional liability insurance policy with an 8 year tail that covers all known designers at the time we bind the policy. That policy will cost us about $1,300,000,00 but if the owner is willing to limit our liability to the limits of our professional liability insurance we will spend the extra money on that policy. This would be a great benefit because the owner would have significantly more coverage (7 times) more than they would otherwise have. Plus it protects the owner over the 8 years. It costs us more money but I think it would protect us all. 4. Typos: 2.1.1- the design builder is repeated 9.8.3- review the .....i think you left the word work out? Were fine with exhibit e and f that you sent over. We would ask that you consider the following. Under section 5.7 Key Personnel, Contractors and Suppliers: !f the Owner has objection to personnel, Contractors, or suppliers and require that another personnel, Contractor, or supplier be used, they should pay for the difference in price. From: Keith R. Powell [mailto:kpowell@childs-halligan.net] Sent: Thursday, November 19, 2015 12:30 PM To: Robbie Ferris Subject: FW: HCS contracts forms Importance: High Getting down to home stretch I hope: The staff does not believe it has authority to extend beyond the May 15Y date. It is clear to me that I'm not going to be able to do anything about that in the absence of a board action. However, FFEP has a monthly report directly to the Board, so certainly you will have many opportunities to explain the reasonableness and basis of the proposed durations to the Board and seek the necessary extensions — so much was made of this in the informal statements and press, though, that it may not be in anyone's interest to breach the May 1date while so much public attention is focused on this. When the SMS site is pinned down, for example, might be a time to address it. 2. Marl< has a simpler outline of the prototype issue. As far as I can tell this is the main clause to bear down upon today and tomorrow. 3. I can't make any progress on the proposal costs reimbursement. 4. I can't make any progress on the retainage issue. 5. Everyone is relieved there has been no protest. think we ought to plan to do this execution meeting on Monday. I would like to get all the terms settled by mid-day tomorrow and then be able to create and circulate the final sets of all 5 projects on Friday afternoon. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com PAPR - 003441 (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us bytelephone as listed above immediately. REDACTED PAPR - 003442 Sheri L. Wainscott From: Sent: To: Subject: Keith R. Powell Friday, November 20, 2015 12:43 PM Robbie Ferris RE: HCS contracts forms Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Forgot toadd —they did not want to do the consent to the CX. They felt it would fuel adverse press if FFEP got to "pick its own" owner agent. Obviously you will be free to complain about whoever they do get, if warranted. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803) 254-4035 NOTICE: This e-mail may contain information that is persona{ and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine; copy or distrihute the accompanying material. If you receive this message in error, please notify us by telephone as listed above iininediately. From: Keith R. Powell Sent: Friday, November 20, 2015 12:17 PM To: 'Robbie Ferris' Subject: RE: HCS contracts forms Robbie —I've got a block of time from now to about 330 where I can't work on this. The A141 is attached with changes related to your points below. I am going to have to ta! Friday, November 20, 2015 12:55 PM Keith R. Powell Re: HCS contracts forms image001.png Follow Up Flag: Flag Status: Follow up Flagged i am printing it and I will start working on it now we can talk later today when you finish up Sent from my iPhone On Nov 20, 2015, at 12:17 PM, Keith R. Powell wrote: Robbie —I've got a blocl< of time from now to about 3:30 where I can't work on this. The A141 is attached with changes related to your points below. I am going to have to tale this to the Board on Monday night for a motion, and will probably change the signatory from John Gardner to the board chair:- Joe is aware of this. have put in the more generous time claims provisions that you think will get you the time you need, and I have updated the prototype language and increased the initial invoice per your chart: On SMS we will probably leave in the 5/1 date as with the others, but can put in a clause allowing time for delays in acquiring asite —same principle. The insurance idea is worth considering but we don't have time to fully vet it, so I have added a note in Exhibit B that the insurance can be changed by agreement at any time. still need to fix 2.1.1 and to copy over the HC5's exhibits e and f, but wanted to get this to you before get distracted for a few hours. What do you think? I will run you avariance-checked version of everything a little later today when think we have all settled. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-snail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. From: Robbie Ferris [mailto:RFerrisCa~sFla.biz] Sent: Thursday, November 19, 2015 4:24 PM To: Keith R, Powell Subject: RE: HCS contracts forms 1 PAPR - 003446 Here is where I think we are, call me anytime to discuss if you have questions: 1. On the schedule I have talked with our subs and they can't accelerate the schedule with an increase in cost. I wish this answer were different so I guess we will have to go get the board to address the issue. 2. We consider the following a very big concession. We will grant HCS use of the drawings as you outlined in 123 but I prefer to strike "to the extent permitted by lave' in the second to last line. My logic is that if they use my drawings and I am sued at the very least they should guarantee that they will pay my cost of defense and time associated with such defense. Also, in 12.3.1- in the first line change "shall" to "will endeavor to". I don't even know who all of the designers are at this point plus I can't guarantee that they will agree. I will work very hard to get this done. In addition, in exchange for this right to use the drawings we would ask the following three things be added to the contract. a. We be paid for our upfront work as previously discussed within 2 weeks of signing the contract. b. We be given the right to approve the owners selection of and scope for the commissioning agent. The owner will not hire the commissioning agent without our approval. 3. If the owner is interested we have found that we can buy a $15,000,000 professional liability insurance policy with an 8 year tail that covers all known designers at the time we bind the policy. That policy will cost us about $1,300,000.00 but if the owner is willing to limit our liability to the limits of our professional liability insurance we will spend the extra money on that policy. This would be a great benefit because the owner would have significantly more coverage (7 times) more than they would otherwise have. Plus it protects the owner over the 8 years. It costs us more money but I think it would protect us all. 4. Typos: a. 2.1.1- the design builder is repeated b. 9.8.3- review the .....i think you left the word work out? c. Were fine with exhibit e and f that you sent over. We would ask that you consider the following. Under section 5.7 Key Personnel, Contractors and Suppliers: If the Owner has objection to personnel, Contractors, or suppliers and require that another personnel, Contractor, or supplier be used, they should pay for the difference in price, From: Keith R. Powell [mailto:kpowell@childs-halliaan.net] Sent: Thursday, November 19, 2015 12:30 PM To: Robbie Ferris Subject: FW: HCS contracts forms Importance: High Getting down to home stretch I hope: 1. The staff does not believe it has authority to extend beyond the May 15C date. It is clear to me that I'm not going to be able to do anything about that in the absence of a board action. However, FFEP has a monthly report directly to the Board, so certainly you will have many opportunities to explain the reasonableness and basis of the proposed durations to the Board and seek the necessary extensions —so much was made of this in the informal statements and press, though, that it may not be in anyone's interest to breach the May 1date while so much public attention is focused on this. When the SMS site is pinned down, for example, might be a time to address it. 2. Marl< has a simpler outline of the prototype issue. As far as I can tell this is the main clause to bear down upon today and tomorrow. 2 PAPR - 003447 3. I can't male any progress on the proposal costs reimbursement. 4, i can't male any progress on the retainage issue. 5. Everyone is relieved there has been no protest. think we ought to plan to do this execution meeting on Monday. I would like to get all the terms settled by mid-day tomorrow and then be able to create and circulate the final sets of all 5 projects on Friday afternoon. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803) 254-4035 NOTICE: This e-inaii may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. From: Mark Wolfe [mailto:MWoIfe002Ca~horrycountyschools.net] Sent: Thursday, November 19, 2015 11:35 AM To: Keith R. Powell; John Gardner; Ara Heinz; Rick Maxey; Kenneth Generette; Daryl Brown; William F. Halligan Subject: RE: HCS contracts forms Keith, HCS's standard policy is that prototypical designs are also owned and therefore may be reused at our discretion for projects within our District. The Board of Architectural Examiners acknowledges prototypical designs, including construction drawings, and allows transfer of plans to other designers provided that: 1. The original architect acknowledges the District's request and does not object, 2. The architect receiving the original plans acknowledges and accepts full responsibility for the adequacy of the design, 3. The receiving architect absolves the original architect of any responsibility of any kind as they relate to the plans, and 4. By absolving the original architect of responsibility for another architect's reuse, would therefore not be entitled to reuse fees because they have no professional liability. If the original architect is chosen to reuse the plans in a site adapt project, they would certainly be entitled to a reasonable reuse fee, but not a full design fee. Thank you, Marls Marls A. Wolfe, RLA ~ Executive Director of Facilities Horry County Schools ~ Facilities ~ 1160 E. Highway 501 ~ Conv~ay, SC 29526 P: 843/48£i-6967 Email: mwolfe002(«~horrvcountvschools.net Website: www.horrycountvschools.net All z-mail ecxrespondence to and from This adiress inay be subject to public r~{c~:losure under the South Carolina Freedoin~of Information Acl (FOIAL This correspondance is c~ intended exGusivaly for llia individual or entity to which .t is atldressecl and may contain information Nat is propriel~iry, pnvtlagecL confidential or olharwise legally exempt from disGosure. If you are net the named addressee, you are not aulhori_ed lu read, ~inl, retain. copy or disseminate this message or any part of iL If you received This correspoixi~nce in error please inform the sender immeclialely 2nd delete the email and any attachments. (gwe1 3 PAPR - 003448 <673757_2 141 main Working Draft - (1).docx> PAPR - 003449 Sheri L. Wainscott From: Sent: To: Subject: Robbie Ferris Friday, November 20, 2015 3:12 PM Keith R. Powell RE: HCS drafts Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category have been very tied up today, I am still trying to get thru this. I am sorry I have not gotten back to you. From: Keith R. Powell fmailto:kpowellCcachilds-halligan.net] Sent: Friday, November 20, 2015 2:16 PM To: Robbie Ferris Subject: HCS drafts Added language from HCS forms not included this morning. Still have 1 typo to fix that you noted. Changed signature to Board Chair. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notirty us by telephone as listed above immediately. 1 PAPR - 003450 Sheri L. Wainscott From: Sent: To: Subject: Keith R. Powell Friday, November 20, 2015 320 PM Robbie Ferris RE: HCS drafts Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category That's 01<. I need to do some stuff over the weekend anyway so I'll have my laptop and be able to make the 5 sets whenever we get the last wording settled. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed ahove immediately. From: Robbie Ferris [mailto:RFerrisCa~sfla.biz] Sent: Friday, November 20, 2015 3:12 PM To: Keith R. Powell Subject: RE: HCS drafts have been very tied up today, I am still trying to get thru this. I am sorry I have not gotten back to you. From: Keith R. Powell [mailto:kpowellCa~childs-hallipan.net] Sent: Friday, November 20, 2015 2:16 PM To: Robbie Ferris Subject: HCS drafts Added language from HCS forms not included this morning. Still have 1 typo to fix that you noted. Changed signature to Board Chair. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halliga n.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. 1 PAPR - 003451 Sheri L. Wainscott From: Sent: To: Subject: Attachments: Robbie Ferris Friday, November 20, 2015 7:32 PM Keith R. Powell RF revisions to checked draft 11_20_2015 RF revisions to checked draft 11 20 2015.docx Folfow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Keith, Attached are what I believe are the last few changes. Call me any time, day or night, to discuss if you like. Please remember there are differences in the allowances, also don't forget the allowance for socastee ms site. Of 2.5 mil Also we added language that says we get time extension for them not having a site. From: Aaron Thomas [mailto:athomas(a~metconus.com] Sent: Friday, November 20, 2015 7:26 PM To: Robbie Ferris Subject: FW: RF revisions to checked draft 11_20_2015 Warm Regards, Aaron Thomas, MCM, LEER-AP ~ President Metcon, Inc. ~ 763 Comtech Drive ~ PO Box 1149 ~ Pembroke, NC 28372 office 910.521.8013 ~ mobile 910.734.0537 ~ email:athomas@metconus.com website ~ linkedin ~ twitter ~ instagram IMPORTANT: This e-mail message is intended solely for the individual or individuals to whom it is addressed. It may contain. confidential information. If the reader of this message is not the intended recipient, you are requested not to read, copy or distribute it or any. of the information it contains. Please delete it immediatety and notify us by return e-mail or by telephone (910) 521-8013. From: Aaron Thomas Sent: Friday, November 20, 2015 6:56 PM 1 PAPR - 003452 _. __ ----- - -_ To: Robert W. Ferris Subject: RF revisions to checked draft 11_20_2015 -: ! -` , PAPR - 003453 A141 —Suggested Changes 2.1.1 Unless otherwise agreed, payments for Work performed prior to Execurion of the Design-Build Amendment shall be made monthly. For the Design-Builder's performance of Work prior to the execution of the Design-Build Amendment, the Owner shall compensate the Design-Builder as follows: (Insert amount of, or basis for, compensation, including compensation for any Sustainability Services, or indicate the exhibit in which the information is provided. If there will be a limit on the total amount of compensation for Work performed prior to the execution of the Design-Build Amendment, state the amount of the limit.) :The Design-Builder may invoice the owner for.. $1,118,043. for.its. design work performed prior to the execution.of the,Design-Build Amendment. This amount s'within and part of the price :agreed in the Design-Build Amendment. . § 8.2 Delays and Extensions of Time § 8.2.1 If the Design-Builder is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or of a consultant or separate contractor employed by the Owner; or by changes ordered in the Work by the Owner; or delayii i purchase of andproject property or owner provided surve~g and testing of such ~ronert~(in no case shall the duration of the proiect Ue less than the duration outluied in the design builders original proposal to the owner); or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Design-Builder's control; or by delay authorized by the Owner pending mediation and binding dispute resolution or by other causes that the Owner determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Owner may determine. § 8.2.3 Weather Delays: When adverse weather conditions are the basis for a request for additional tone, such request shall be documented by weather data from the National Oceanic and Atmospheric Administration (NOAH) for the locale of the project using a ten year average (2005-2014) of accumulated record mean values of climatological data . ,.~~'. ^~ ^*'~~- ~..~" ~^*:^^~ Such time extension request shall be in writing and submitted to the District with the application for payment set~s~~e~e~: The approved extension of time shall be incorporated in the next Change Order. § 8.Z.4 Anticipated Weather Delays:. A total of two (2) days per calendar month (non-cumulative) shall be anticipated by the Contractor as "adverse weather,".and such. time, shall not be considered justification .for an extension of time. ' ' _ . . > > . . If adverse weather days beyond the two (2) days anticipated are substantiated by written (NOAA):data indicating precipitation. greater than :10" occurred that day aa~ `, an extension of tone. will, be granted of e ~e-ex~ex~-a~ one (1) full day of extended time for each calendar day of adverse weather, conditions: „ F..«.. ...............v .,.ee,..,.:+,,;„ ., ., ~~~ a.,., ;..,~e..a.,...,.00v, If the precipitation over :10" is so great that it causes subsequent days work to be lost those days may also be requested, as a.time extension and will be: granted day.for day, basis for days lost in construcrion operations. A request for adverse weather extension shall not be allowed after the date established for substantial completion. PAPR - 003454 exhibit A —Suggested Changes Under allowances- Don't forget that the value for some allowances differ on some schools. For example don't forget that Socastee Middle School has a site allowance that needs to be listed for $2,500,000.00 Exhibit B — Su~eested Chances B.3.2- ARTICLE B1 GENERAL The Owner and Design-Builder shall purchase and maintain insurance and provide bonds as set forth in this Exhibit B. Where a provision in this Exhibit conflicts with a provision in the Agreement into which this Exhibit is incorporated, the provision in this Exhibit will prevail. During the course of the Project, the Owner and DesignBuildermay substitute mutually-acceptable alternative insurance arrangements for those specifted in § B.2.1. & B.3.2 PAPR - 003455 Sheri L. Wainscott From: Sent: To: Subject: Attachments: Keith R. Powell Friday, November 20, 2015 8:37 PM Robbie Ferris Re: RF revisions to checked draft 11_20_2015 image002.png Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Thanks. Currently in a "Madeline" the little French girl tv marathon with Cabernet for parents -will check out on my pc tomorrow. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halli~an.corr~ (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. On Nov 20, 2015, at 7.32 PM, Robbie Ferris wrote: Keith, Attached are what I believe are the last few changes. Call me any time, day or night, to discuss if you like. Please remember there are differences in the allowances, also don't forget the allowance for socastee ms site. Of 2.5 mil Also we added language that says we get time extension for them not having a site. From: Aaron Thomas [mailto:athomas@metconus.com] Sent: Friday, November 20, 2015 7:26 PM To: Robbie Ferris Subject: FW: RF revisions to checked draft 11_20_2015 Warm Regards, Aaron Thomas, MCM, LEED-AP ~ President Metcon, Inc. ~ 763 Comtech Drive ~ PO Box 1149 ~ Pembroke, NC 28372 office 910.521,8013 ~ mobile 910.734.0537 ~ email:athomasC~metconus.com i PAPR - 003456 website ~ linkedin ~ twitter ~ instagram IMPORTANT: This e-mail message is intended solely for the individual or individuals to whom it is addressed. It may contain confidential information. If the reader of this message is not the intended recipient,,you are requested not to read, copy or distribute it or any of the information it contains. PleaBe delete it immediately and notify us by return e-mail or by telephone (910) 521-8013. From: Aaron Thomas Sent: Friday, November 20, 2015 6:56 PM To: Robert W. Ferris Subject: RF revisions to checked draft 11_20_2015 Saturday, November 21, 2015 825 AM Keith R. Powell RE: HCS contracts forms Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Keith, Our plan is that if they pick a bad CX we will hire our own CX because we need a quality commissioning job.. I think them not giving us approval authority is short sighted. I guess they don't see themselves as a part of a team, they see themselves as separate from the team. Odd!! From: Keith R. Powell [mailto:kpowell@childs-halligan,net] Sent: Friday, November 20, 2015 12:43 PM To: Robbie Ferris Subject: RE: HCS contracts forms Forgot to add —they did not want to do the consent to the CX. They felt it would fuel adverse press if FFEP got to "pick its own" owner agent. 06viously you will be free to complain about whoever they do get, if warranted. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.chiI ds-hailiga n.com (803) 2544035 NOTICE: This e-inaii inay contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. From: Keith R. Powell Sent: Friday, November 20, 2015 12:17 PM To: 'Robbie Ferris' Subject: RE: HCS contracts forms Robbie —I've got a block of time from now to about 3:30 where I can't work on this. The A141 is attached with changes related to your points below. I am going to have to take this to the Board on Monday night for a motion, and will probably change the signatory from John Gardner to the board chair. toe is aware of this. have put in the more generous time claims provisions that you think will get you the time you need, and I have updated the prototype language and increased the initial invoice per your chart. On SMS we will probably leave in the 5/1 date as with the others, but can put in a clause allowing time for delays in acquiring asite —same principle. The insurance idea is worth considering but we don't have time to fully vet it, so I have added a note in Exhibit B that the insurance can be changed by agreement at any time. i PAPR - 003458 still need to fix 2.1.1 and to copy over the HCS's exhibits e and f, but wanted to get this to you before I get distracted for a few hours. What do you think? I will run you avariance-checked version of everything a little later today when I think we have all settled. Keith R. Powell Childs &Halligan. P.A. Columbia, South Carolina www.childs-halligan.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected byattorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine; copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. From: Robbie Ferris [mailto:RFerrisC~sfla.biz] Sent: Thursday, November 19, 2015 4:24 PM To: Keith R. Powell Subject: RE: HCS contracts forms Here is where I think we are, call me anytime to discuss if you have questions: 1. On the schedule I have talked with our subs and they can't accelerate the schedule with an increase in cost. wish this answer were different so I guess we will have to go get the board to address the issue. 2. We consider the following a very big concession. We will grant HCS use of the drawings as you outlined in 12.3 but I prefer to strike "to the extent permitted by law" in the second to last line. My logic is that if they use my drawings and I am sued at the very least they should guarantee that they will pay my cost of defense and time associated with such defense. Also, in 12.3.1- in the first line change "shall" to "will endeavor to". I don't even know who all of the designers are at this point plus I can't guarantee that they will agree. I will work very hard to get this done. In addition, in exchange for this right to use the drawings we would ask the following three things be added to the contract. a. We be paid for our up front work as previously discussed within 2 weeks of signing the contract. b. We be given the right to approve the owners selection of and scope for the commissioning agent. The owner will not hire the commissioning agent without our approval. 3. If the owner is interested we have found that we can buy a $15,000,000 professional liability insurance policy with an 8 year tail that covers all known designers at the time we bind the policy. That policy will cost us about $1,300,000.00 but if the owner is willing to limit our liability to the limits of our professional liability insurance we will spend the extra money on that policy. This would be a great benefit because the owner would have significantly more coverage (7 times) more than they would otherwise have. Plus it protects the owner over the 8 years. It costs us more money but I think it would protect us all. 4. Typos: a. 2.1.1- the design builder is repeated b. 9.8.3- review the .....i think you left the word work out? c: Were fine with exhibit e and f that you sent over. We would ask that you consider the following. Under section 5.7 Key Personnel, Contractors and Suppliers: If the Owner has objection to personnel, Contractors, or suppliers and require that another personnel, Contractor, or supplier•be used, they should pay for the difference in price. From: Keith R. Powell [mailto:kpowell@childs-halligan.net] Sent: Thursday, November 19, 2015 12:30 PM To: Robbie Ferris PAPR - 003459 Subject: FW: HCS contracts forms Importance: High Getting down to home stretch I hope: 1. The staff does not believe it has authority to extend beyond the May 15t date. It is clear to me that I'm not going to be able to do anything about that in the absence of a board action. However, FFEP has a monthly report directly to the Board, so certainly you will have many opportunities to explain the reasonableness and basis of the proposed durations to the Board and seek the necessary extensions — so much was made of this in the informal statements and press, though, that it may not be in anyone's interest to breach the May 1date while so miach public attention is focused on this. When the SMS site is pinned down, for example, might be a time to address it. 2, Marl< has a simpler outline of the prototype issue. As far as I can tell this is the main clause to bear down upon today and tomorrow. 3. I can't make any progress on the proposal costs reimbursement. 4, I can't make any progress on the retainage issue. 5. Everyone is relieved there has been no protest. think we ought to plan to do this execution meeting on Monday. I would like 'to get all the terms settled by mid-day tomorrow and then be able to create and circulate the final sets of all 5 projects on Friday afternoon. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803) 254-4035 NOTICE: This e-mall may contain information that is personal and confidential, non-disclosable and protected 6y attorney-client privilege. If you have received this e-mail in error,.this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. From: Mark Wolfe [mailto:MWoIfe002Ca~horrycountyschools.net] Sent: Thursday, November 19, 2015 11:35 AM To: Keith R. Powell; John Gardner; Ara Heinz; Rick Maxey; Kenneth Generette; Daryl Brown; William F. Halligan Subject: RE: HCS contracts forms Keith, HCS's standard policy is that prototypical designs are also owned and therefore may be reused at our discretion for projects within our District. The Board of Architectural Examiners acknowledges prototypical designs, including construction drawings, and allows transfer of plans to other designers provided that: 1. The original architect acknowledges the District's request and does not object, 2. The architect receiving the original plans acknowledges and accepts full responsibility for the adequacy of the design, 3. The receiving architect absolves the original architect of any responsibility of any kind as they relate to the plans, and 4. By absolving the original architect of responsibility for another architect's reuse, would therefore not be entitled to reuse fees because they have no professional liability. If the original architect is chosen to reuse the plans in a site adapt project, they would certainly be entitled to a reasonable reuse fee, but not a full design fee. Thank you, PAPR - 003460 Mark Marls A. Wolfe, RLA ~ E'xecutive Director of Facilities Horry County Schools ~ Facilities ~ 1160 E. Highway 501 ~ Conway, SC 29526 P: 843/488-6967 Email: mwolfe002@horrvcountvschoois.net Website: www.horrvcountvschools.net IIUry Cccr4Y $c++:~8 All e-mail correspondence to and from this address maybe subjeG to public disclosure u~Uer the South Carolina Freadom of InFormalion Act (FOIA). This wrrespondence is intended exclusively for the individual a amity to which it is addressed a~xl may contain information Thal is propnetary, privileged, conhdaMial a otherwise legally axe~~npt from disclosure. If you ere nol Uie named addressee, you are not authonzed to read, print, retain, copy or tlisseminale this message or any part o(if. If you received tMs cortespondence in error phase inform the sender immediately and delete the email and any atlachman(s.(gwei) 4 PAPR - 003461 Sheri L. Wainscoft From: Sent: To: Subject: Attachments: Robbie Ferris Saturday, November 21, 2015 1:17 PM Keith R. Powell Fwd: RF revisions to checked draft 11_20_2015 image002.png; ATTOOOOl.htm; RF revisions to checked draft 11_21_2015.docx; ATT00002.htm Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Keith please see below, there are a few tweaks to what we sent you last night. It should simplify things a little and take some of the?'s that could arise later out Sent from my iPhone Begin forwarded message: From: Aaron Thomas Date: November 21, 2015 at 1:15:16 PM EST To: "Robert W. Ferris" Subject: FW: RF revisions to checked draft 11_20_2015 Robbie- I just read this again and realized we had made a mistake that could cause confusion. The attached revision made 2 minor changes to what we sent last night: 1. On weather delays I deleted the reference to the 10 year NOAA average being a baseline we would compare to. I did this because if we are already using 2 days per month as the baseline for adverse weather all we need NOAA for is to substantiate the days over 2 so it is not subjective in nature with the staff. Example If we have 5 days of rain in December 2015 that is over .10" then we would turn in the NOAA report for the project locale showing we had the 5 days over .10 and we would get an extension via change order for 3. <(5) days over .10" — (2) days expected in contract = (3) days extension> 2. I also added ACT OF GOD Language to the 8.2.1. We talked about it but forgot to add it. Must have been tired. Call me if you have any questions. I'm at the office. Warm Regards, Aaron Thomas, MCM, l.EED-AP ~ President Metcon, Inc. ~ 7b3 Comtech Drive ~ PO Box 1149 ~ Pembroke, NC 28372 office 910.521.8013 ~ mobile 910.734.0537 ~ email~athomas@metconus.com website ~ linkedin ~ twitter ~ instagram 1 PAPR - 003462 A141 —Suggested Changes 2.1.1 Unless otherwise agreed, payments for Work performed prior to Execution of the Design-Build Amendment shall be made monthly. For the Design-Builder's performance of Work prior to the execution of the Design-Build Amendment, the Owner shall compensate the Design-Builder as follows: (Insert amount of, or basisfor, compensation, including compensation for arty Sustainability Services, or indicate the exhibit in which the information is provided. If there wrll be a limit on the total amount of compensation for Work performed prior to the execution of the Desrgn-Build Amendment, state the amount of the limit.) owner for $1,11.8,043. for its design work The Design-Builder may invoice the performed prior to the execution of the Design-Build Amendment. This amount is within and part of the price ;agreed in the Design-Build Amendment. ., § 8.2 Delays and Extensions of 'Time § 8.2.1 If the Design-Builder is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or of a consultant or separate contractor employed by the Owner; or by changes ordered in the Work by. the Owner; or delay ui purchase of any project property or 'owner provided surveying and testing of such in property (in no case shall the duration of the project be less tUan the duration outlined in the design builders on ~al proposal to the owner); or by an act of god,. tornado, fue, hurricane, blizzard, earthquake, typhoon, or flood that damages completed woilc, stored material, or nnpedes progress of the work; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Design-Builder's control; or by delay authorized by the Owner pending mediation and binding dispute resolution or by other causes that the Owner determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the•Owner may determine. § 8.2.3 Weather Delays: When adverse weather conditions are the basis for a. request.,for additional time, such request shall be documented by weather data from the National Oceanic and Atmospheric. Administration (NOAA.) for the locale of the project. . _.. . Such time.extension request shall be in writing and submitted to the. District with.the applicarion for payment _. . _. ,. , se~s~r~~: The approved extension of time shall be incorporated in the next Change Order. § 8.2.4 Anticipated Weather Delays; A total of two (2) days:per calendar month,(non-cumulative) shall be anticipated by the Contractor as "advers.e :weather,"..and such time sha11 not be considered justification for an extension of time. granted.of ~ of adverse weather conditions ~is' aa~e€.one (1) full day of..extended time for each calendar.day .. . If the precipitation over .10" is so great that it causes, subsequent work days to .be lost those days may: also.be requested. as a time extension and will be granted day for day basis for days lost in construction operations. A request for adverse weather extension sliail not be allowed after ttie date established for substantial completion. PAPR - 003463 Exhibit A —Suggested Chan Under allowances- Don't forget that the value for some allowances differ on some schools. For example don't forget that Socastee Middle School has a site allowance that needs to be listed for $2,500,000.00 Exhibit B -Suggested Changes B.3.2- ARTICLE B.1 GENERAL The Owner and Design-Builder shall purchase and maintain insurance and provide bonds as set forth in this Exhibit B. Where a provision in this Exhibit conflicts with a provision in the Agreement into which this E~chibit is incorporated, the provision in this Exhibit will prevail. During the course of the Project, the Owner and DesignBuilder may substitute mutually-acceptable alternative insurance arrangements for those specified in § B2.1. & B3.2 PAPR - 003464 Sheri L. Wainscott From: Sent: To: Subject: Attachments: Keith R. Powell Saturday, November 21, 2015 4:13 PM 'Robbie Ferris' RE: RF revisions to checked draft 11_20_2015 644371 AIA A141 -Checked Draft - (1).pdf; 644371 AIA A141 -Checked Draft - (2).pdf; 644371 AIA A141 -Checked Draft - (3).pdf Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category How are these? Will make changes for MB and SMS issues. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halli~an.com (803) 254-4'035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message in error, please notify us by telephone as listed above immediately. From: Robbie Ferris [mailto;RFerrisCa~sfla.biz] Sent: Saturday, November 21, 2015 1:17 PM To: Keith R. Powell Subject: Fwd: RF revisions to checked draft 11_20_2015 Keith please see below, there are a few tweaks to what we sent you last night. It should simplify things a little and take some of the?'s that could arise later out Sent from my iPhone Begin forwarded message: From: Aaron Thomas Date: November 21, 2015 at 1:15:16 PM EST To: "Robert W. Ferris" Subject: FW: RF revisions to checked draft 11_20_2015 Robbie- I just read this again and realized we had made a mistake that could cause confusion. The attached revision made 2 minor changes to what we sent last night: 1. On weather delays I deleted the reference to the 1Q year NOAA average being a baseline we would compare to. I did this because if we are already using 2 days per month as the baseline for adverse weather all we need NOAA for is to substantiate the days over 2 so it is not 1 PAPR - 003465 subjective in nature with the staff. Example If we have 5 days of rain in December 2015 that is over .10" then we would turn in the NOAA report for the project locale showing we had the 5 days over .10 and we would get an extension via change order for 3. c(5) days over .10" — (2) days expected in contract = (3) days extension> 2. I also added ACT OF GOD Language to the 8.2.1. We talked about it but forgot to add it. Must have been tired. Call me if you have any questions. I'm at the office. Warm Regards, Aaron Thomas, MCM, LEEb-AP ~ President Metcon, Inc. ~ 76.3. Comtech Drive ~ PO Box 1149 ~ Pembroke, NC 28372 office 910.521.8013 ~ mobile 910.734.0537 ~ email:athomas@metconus.com website ~ linkedin I twitter ~ instagram z PAPR - 003466 Sheri L. Wainscott From: Sent: To: Subject: Attachments: Keith R. Powell Friday, November 20, 2015 2:16 PM Robbie Ferris (RFerris@sfla.biz) HCS drafts EX B v2 -Checked Draft - (1)(1).pdf; 673449 EX A -Checked Draft - (1).pdf; 673757_2 141 main -Checked Draft - (1)(2).pdf Follow Up Flag: Flag Status: Follow up Flagged Categories: Red Category Added language from HCS forms not included this morning. Still have 1 typo to fix that you noted. Changed signature to Board Chair. Keith R. Powell Childs &Halligan, P.A. Columbia, South Carolina www.childs-halligan.com (803) 254-4035 NOTICE: This e-mail may contain information that is personal and confidential, non-disclosable and protected by attorney-client privilege. If you have received this e-mail in error, this does not constitute permission to examine, copy or distribute the accompanying material. If you receive this message In error, please notify us by telephone as listed above immediately. 1 PAPR - 003467 0 Document A14~TM - 2014 Exhibit B Insurance and Bonds 5 for the following PROJECT: (Name and location o~• address) -- - -< - - ; ;i ADDITION$ AND DELETIONS; The;~author of this document has New Carolina Forest Middle School ;' (per Owner's Request for I'i•oposals No: 1415-91 and Design-Builder's Proposal in .added information needed for its completion. the author may a~so response to the solicitation.) ~ have revised the text of the original ~AIA`standard form: An Additions and !Deletions Repot that notes added ~info`rmation as well as revisions to ;the'standard form text is available THE OWNER; (Name, legal status and add~~ess) _._ ~ `- - ~- - ------- # _ __ __ _ _ 'from the authorand should be reviewed. A verticalline i~ the left margin of this document indicates ___ :; Horry County Schools, South Carolina, a political subdivision of the State of South where the author has added 'Carolina. necessary information and where "3 the author has added to or deleted ,; from the origina6AlA text. -335 Four Mile Rd. 'Conway; SC 29528 Thisdocument.has`ir~iportant legal consequences. Cons~ltafion with an 'attorney is encouraged with respect to its completion or modification. THE DESIGN-BUILDER: (Nun~e, legal status and address) FLRSTFLOOR ENERGY POSITNE LLC, 333 Fayetteville 5t., :Suite 225 .Raleigh, NG27601 - THE AGREEMENT This Insurance Exhibit is ~art of the accomPanYin~ a~'Bement for tihe ProJ ect , between the Owner and the Design-Builder (hereinafter, the Agcement), dated the ! .nineteenth day of November . in the year two thousand fifteen (2015) . (In ~~ords, indicate day, month and yem:) TABLE OF ARTICLES ~ ,,,,. ...,_ ~~r ': t ~ ~ a # ~ i :~.... ,~ ~ _ - . ..._.~ 4 B.1 GENERAL B.2 DESIGN BUILDER'S INSURANCE AND BONDS 6.3 OWNER'S INSURANCE ~ B.4 SPECIAL TERMS AND CONDITIONS s' ARTICLE B,1 GENERAL The Owner and Design-Builder shall purchase and maintain insurance and provide bonds as set forth in this Exhibit B. Where a provision in this Exhibit conflicts with a provision in the Agreement into which this Exhibit is incorporated, the provision in this I'xhibit will prevail. During the course of the Project, the Owner and Design-Builder may substitute mutually-acceptable alternative insurance arrangements for those specified in § B2 I ~~':a ~ ~ ,~`~~ .. ~~,. *'~~ 5 ~ z ELECTRONIC COPYING of any portion of this AIA~ Document to another electronic file is prohibited and constitutes a violation of copyright laws asset forth in the footer of this document. AIA Document A141T"' — 2014 Exhibit B. Copyright D 2004 and 2014 by The American Institute of Architects. All rights reserved. WARIJING: This AIA"' Qocument is protected by U.S. Copyright l.aw and International Treaties. Unaidhorized reproduction or distribution of this AIA~ Documont, or any portion of it, may result in severo civil and criminal penalties, and will be prosecuted to the ir~axiinum extent possible under the law. This draft was produced by AIA software at 14:12:25 on 11!20/2015 under Order No.0239586208_1 which expires on 07/1412016, and is not for resale. (1278235989) User Notes: PAPR - 003468 .~ ARTICLE B.2 DESIGN BUILDER'S INSURANCE AND BONDS '§ 8.2.1 The Design-Builder shall purchase and maintain the following types andlimits of insurance froina company or companies lawfully authorized to do business iii the jurisdiction where the Project is located: The Design-Builder shall maintain the required insurance until the expiration of the period for correction oi' Work as seC forth in Section 11.2.2.1 oPthe (Parugi•aphs deleted) Agreement. § B.2.1.1 Commercial General Liability with policy limits of not less than two million , ($ii2,000,000 ; )for each s e ate Providing coversge for claims includinb occurrence and five million ` ~$ 5,000 000.00 )~m the agig .1 damages because of bodily injury, sickness or disease, including occupational siclmass or disease;- -•- ~---•----- ~ { and death of any person; ,2 personal injury; .3 damages because of injury to or destruction of tangible property, and must cont~'n the subcontractor exception to the your work exclusion; .4 bodily injury or property damage arising out of completed operations; and ~""-'; .5 contractual liability applicable to the Design-Builder's obligations under Seatior~ 3.1.14 of the; 'r Agreement. v § 6.2.1.2 Automobile Liability covering vehicles owned by the Design-Builder and non-owned`vchicles used~by the Design-Builder with policy limits of not less than one million j ($ ;1,000,000 ; )per claitn~and one million ($ $1,000,000.00 ? ) in the aggregate for bodily injury, death of any person, and property datrjage'arising out of'the ownership, maintenance and use of those motor vehicles specified in this Section B.2.1.2, along_tivith.any_other ... . statutorily required automobile coverage. § B.2.1.3 The Design-Builder may achieve the required limits and coverage for Commercial General Liability and ' ` Automobile Liability through a combination of primary and excess liability insurance, provided such primary and ,. excess insurance policies result in the same or greater coverage as those required under Sections B:2;1 1 and B~2 1~2. § B.2.1.4 Workers' Compensation at statutory limits. '~' ~ ,.' ~ ~3° t °~-..t .,- - § 6.2.1.5 Employers' Liability with policy limits as provided below: "" _.__ $100,000 per accident. , § 6.2,1.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services, with policy limits of not less than two million ($ 2,000;000, - )per claim and two million : ($ 2,000,000, in the aggregate. i~~ ' ` , (Paragraphs deleted) ~ ~+' .,,~' ~~ § B.2.1.8 The Design-Builder shall provide written notification to the Owner of the cancellation or expiration of any insurance required by this Article B,2. The Design-Builder shall provide such written notice within five (5~) bt~stness ..._, days of the date the Design-Builder is first aware of the cancellation or expiration, or is first a~are that thg ~ ~ cancellation or expiration is threatened or otherwise may occur, whichever comes first, 3 ._: . _..~_ _ ~__ .. ... ~d § 6,2,1.9 Additional Insured Obligations. The Owner and its consultants and contractors shall be additional insureds on the Design-Builder's primary and excess insurance policies for Commercial General Liability, and Automobile Liability. The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies. The additional insured coverage shall apply to both ongoing operations and completed operations. The policy limits applicable to the additional insureds shall be the same amount applicable to the named insured or, if the `~. `; `'~ ~~ policy provides otherwise, policy limits not less than the amounts required under this Agreement. § 6,2.1.10 Certificates of Insurance. The Resign-Builder shall provide certificates of insurance acceptable to the Owner evidencing compliance with the requirements in this Article B.2: (1) prior to commencement of the Work• (2) upon renewal or replacement of each required policy of insurance; and (3) upon Owner's written request: An ~ additional certificate evidencing continuation of IiabiliTy coverage, including coverage for ~mpleted operations, shall be submitted with the final Application for Payment as required by Section 9.10.2 of the Agreement and r ~ ~ AIA Document A141T"' — 2014 Exhibit B. Copyright ~ 2D04 and 2014 by The American Institute of Architects. All rights reserved. WARNING: Thla AIR" Qocument is protected by U,S, Copyright Law and International Treaties. Unauthorized reproduction or distrihution of this AIR``' pocumont, or any portion of it, may result in severe civil and criminal penalties, and wil) be prosecuted to the maximum extent possible under the faw. This drag was produced by AIA software at 14:12:25 on 11/20/2015 under Order No.0239586208_1 which expires on 07/14/2016, and is not for resale, (1278235989) User Notes: PAPR - 003469 ~ t -' thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section B.2.1. The certificates will show the Owner and its consultants and contractors as additional insureds on the Design-Builder's primary and excess insurance policies for Commercial General Liability, and Automobile Liability. Information concerning reduction of coverage on account of revised limits, claims paid under the General Aggregate or both, shall be furnished by the Design-Builder with reasonable promptness. -., ..,~ § 8.2.2 Performance Bond and Payment Bond The Design-Builder shall provide surety bonds as follows: (Sped type and penal sum of bonds.) ~ a 1 i . .... . . ~._... ,_._.,_. Penal Sum ($0.00) _ TYPe ~ ~ A312 Performance Bond and A312 Payment Bond. T'he ' :performance Uond, may, but is not required to secure the professional liability of design professionals to the extent 'i 100°/v of contract value. such liability is covered by the design professional's professional liability insurance: , ~ ~ 4 i 5 § B.2.2.1 Upon the request of any person or entity appearing to be a potential beneficiary off'bonds covericig payment of obligations arising under the Agreement, the Design-Builder shall promptly furnish a copy o~the bond$ orshall permit a copy to be made. x '~ 3 S '' ARTICLE B.3 OWNER'S INSURANCE =..- _. . . . ._^._.. _.. . _., . . _:__ . § 6.3.1 Owner's Liability Insurance The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. • _~ § B.3.2 Property Insurance _ § 6.3.2.1 Unless otherwise provided, at the time of execution of the Design-Build Amendment, the Owner"shall ;:~ °°'" purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction where the Project is located, property insurance written on South Carolina Insurance Reserve Form PD-23. Unless the pities agree otherwise, upon issuance of a Certificate of Substantial Completion, the Owner shall replace the insurance policy required under this Section B.3.2 with another property insurance policy written for to etotal value of,the Project that shall remain in effect until expiration of the period for correction of the Work set forth iri Section ~...... 11.22 .,,,, . .,.,..,:.. r of the Agreement. ` ~~•.-.. ,.. ~ (Parag~•aph deleted) ` ` - .~ § 6.3.2.1.2 If the insurance required under Section B.3.2.1 requires deductibles, the Owner shall pay costs iiot covered because of such deductibles. €~ 'l, ~~~;~' ~,, 3 (Paragraph deleted) ~ ~ ~ § B.3.2.1.4 Partial occupancy or use in accordance with Section 9.9 of the Agreement shall not ~commence~unt~l the insurance company or companies providing the insurance required under Section B.3.2.1 have consented ~o s~ch -. partial occupancy or use by endorsement or otherwise. The Owner and the Design-Builder ~ha~Ltalce reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no ..._ - tr action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance: ° ._ .__~ § B.3.2,2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machtnery`insuran'ce~in... „<-^'~~ ''-, the form of S.C. Insurance Reserve Fund ("IRF") PD-01, PD-09, and PD-12. •, ff' P a ~b ~' h~ k (Paragraphs deleted) § B.3.2.6 Before an exposure to loss may occur, the Owner shall file with the Design-Builder a copy of each policy k F that includes insurance coverages required by this Section B.3.2. Each policy shall contain ~Il generally_ applicable _, ,_,._ s conditions, definitions, exclusions and endorsements related to this Project. The Owner shall provide written notification to the Design-Builder of the cancellation or expiration of any insurance required by this Article•B:3: The- _---_-- ii Owner shall provide such written notice within five (5) business days of the date the Owner is first aware of the AIA Document A141 T"' — 2014 Exhib(t B. Copyright O 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA~ Document is protectsci by U.S. Copyright Law and International Treaties. Unauthorized roprocluetion or distribution of this AIA"' Document, or any portion of It, may result In severe civil and criminal penalties, and will ue prosecuted to the maximum extent possihle under tits law. This draft was produced by AIA software at 14:12:25 on 11/20/2015 under Order No.0239586208_1 which expires on D7/14/2016, and Is not for resale. (1278235989) User Notes: PAPR - 003470 cancellation or expiration, or is first aware that the cancellation or expiration is threatened or otherwise may occur, whichever comes first, (Paragraph deleted) § B.3.2.8 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to hequirements of any applicaUle mortgagee clause and of Section B.3.2.10. The Design-Builder shall pay the Architect, Consultants and Contractors their just shares of insurance proceeds received by the Design-Builder, and by ~pp~opriate ageements, ___. _ _, written where legally required for validity, the Design-Builder shall require the Architect, ~onsultar is and Contractors to make payments to their consultants and subcontractors in similar manner. g ~:_,~_. _ -. - .•,~-..~:.-,_ ._. ._ ._.., ... Y,̀ Y § 8.3.2.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the h as eter mined in Owner shall distribute in accordance wtth such ageement as the parties in interest may reac~ ; -Qr accordance with the method of binding dispute resolution selected in the Agreement betwe0n tl~e Owner end Design-Builder. If after such loss no other special agreement is made and unless the Owne►j; terminates th~ Contract for convenience, replacement of damaged property shall be performed by the Design-Builder after notification of a t 7 Change in the Work in accordance with Article 6 of the Ageement, § 6.3.2.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless"one'ofthe parties""' -~ in interest shall object in writing within five days after occurrence of a loss to the Owner's exerese_of,tlus..power.,If ., .~ ._ ._. __? an objection is made, the dispute shall be resolved in the manner selected by the Owner and Design-Builder as the °'` "~ method of binding dispute resolution in the Agreement. (Paragraphs deleted) {s~~ ' ~ ~~ f 3 '~5 ~ ) .__.~.... _ ------~_,__..... ._ i i AIA Document A141TM — 2014 Exhibit B. Copyright ~ 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNfNG: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of th(s AIA~ Document, or any portion of it, may result in severe oivil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:12:25 on 71/20/2015 under Order No.0239586208_1 which expires on 07/14/2016, and is not for resale. (1278235969) User Notes: PAPR - 003471 4 Additions and Deletions Reporf for AlA~ Document A941'M - 2074 Exhibif 8 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all tejct the author has added to the standard form AIA document in order to complete it, as well as any text the author may have addetl to or deleted from the original AIA text. Added text is shown underifned. Deleted text is indicated with a horizontal line through the~original AlA text„-. , •.:.. . .:....... ...~ Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute.any.-,_..._ _..__ _ _.,._~ part of the associated AIA document. This Additions and Deletions Report and its associated document we e generated simultaneously by AIA software at 14:12:25 on 11/20/2015. PAGE 1 ~`'-s _. a 1 .,..__ New (:arolina Forest Middle School ;(per owner's RequesYfor Proposals No. 1415-91 and Des Ott-Builder's Proposa~.in response to the solicitat ... ~ ' Hoi•rvCounty Schools, South Caroli~ia, a political subdivision of the State of South Carolina. 335 Four Mile Rd. Conway, SG 29528 __ FIRSTFLOOR ENERGY POSTTNB LLC, 333 Fayetteville St., Suite 225 Ralei~;11. NC 27601 i This Insurance Exhibit is part of the accompanying agreement for the Project, between the Owner and the Design-Builder (hereinafter, the Agreement), dated the nineteenth ~ day of !November.; in the year.two thousand fifteen (2015) . '~ The Owner and Design-Builder shall purchase and maintain insurance and provide bonds as B. Where a provision in this Exhibit conflicts with a provision in the Agreement into which incorporated, the provision in this Exhibit will prevail. During the course of the Project, tha in this bit is B.2.1. PAGE 2 § B.2.1 The Design-Builder shall purchase and maintain the following Types and limits of inst or companies lawfully authorized to do business in the jurisdiction where the Project is locate shall maintain the required insurance until the expiration of the period for correction of Work Section 11.2.2.1 of the ;A~reement. . .. § 6.2.1.1 Commercial General Liability with policy limits of not less than two million ($ 2,000,000. . ' )for each occurrence and five million ($ S,000,Q00.00 '1) in the aggregate providing coverage for claims including Additions and Deletions Report for AIA Document A141*'" — 2074 Exhibit B. Copyright m 2004 and 2074 by The American Institute of Architects. All rights reserved. WARNING: This AIA°' Document is protected by U,u. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA`" Document, or any ~~ortion of it, may result In severe civil and criminal ~enaltles, and will he prosecuted to the maximum eutent possible tinder tine law, This drak was produced by AIA software at 14:12:25 on 11!2012015 under Order No.0239586208_1 which e~iras on 07/14/2016, and fs not for resale. (1278235969) User Notes: PAPR - 003472 "' ,. .3 damages because of injury to or destruction of tangible ~e~erty—property, and must contain the subcontractor exceation to the "your work" exclusion: ... i § B.2.1,2 Automobile Liability covering vehicles owned by the Design-Builder and non-owned vehicles used by the Design-Builder with policy limits of not less than one million i ($ 1,000,000 :)per claim and one million ~ ($ __...,,_: $1,000,000.00 ) in the aggegate for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles specified in this Section B.2.1.2, alor}g with any other statutorily required automobile coverage. ~ } 4 $100,000per accident: _ i t ,.: ____._ _, '. ,._ 3 § 6.2.1.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services, with policy limits of not less than two-million ; ($ 2,000,000 ~) per claim and two million ~ ($ 2;000,Q00 in the aggregate. ~ ~ ~. R O 7 4 7 D 11..t:.. . T 7..1.71:♦....,~..~..: ~ ~ .. i 1 . iQ , ~ gi , n a ' ~ ~Q ' ~ in the a ~ _, e a4e: . .. I ~ ! r ,::..„~._ . § B.2,1.9 Additional Insured Obligations. The Owner and its consultants and contractors shall be additional insureds on the Design-Builder's primary and excess insurance policies for Commercial General Liability, t~e~el~e., _.. ,.., and Automobile Liability. The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies. The additional insured coverage shall apply to both ongoing operations and completed operations. The policy limits applicable to the additional insureds shall be the same amount applicable to the named insured or, if the policy provides otherwise, policy limits notless tfian the ~' ,. ~ amounts required under this Agreement. p ~ ;. 's , i~ `' ~-- ,.... ,,:• § 6.2.1.10 Ce~tifiCates Of (nSUPanCe. The Design-Builder shall provide certificates of insurance 3acc~ptable to tie F" Owner evidencing compliance with the requirements in this Article B.2; (1) prior to commencement of the ~ork;~' y (2) upon renewal or replacement of each required policy of insurance; and (3) upon Owner's v~~ 'itfen request.•An~ additional certificate evidencing continuation of liability coverage, including coverage for corr~pleted op~ratiQns„ shall be submitted •with the final Application for Payment as required by Section 9.10.2 of the Ag~eement and ~•-----•- -- ---------•; thereafter upon renewal or replacement of such coverage until the expiration of the time requited by Section B 2 1. The certificates will show the Owner and its consultants and contractors as additional insureds on the Design-Builder's primary and excess insurance policies for Commercial General Liability, ~rdfexieb~i~y; ~ier~-and Automobile Liability. Information concerning reduction of coverage on account o~xevised limits"` •~ a. claims paid under the General Aggregate or both, shall be furnished by the Design-Builder with rea'sonable:::--~ ~ - . promptness. ~~` ~1 ~ ~`, 3 PAGE 3 ~ a ~ ~. :i 'i ' _ . j t ~ ~ A312 Perfor~nauceBond and A312 Payment Bond: 7'he o ~ performance bond, may, but is not required to secure the 100 /o of contract value. professional lia6ilit~of design professionals to the extent , ~ '-`" .such liability is covered by the design professional's "" "" "" "~" " Additions and Deletions Report for AIA document A141T'^ — 2014 Exhibit B. Copyright ~ 2004 and 2014 by The American Ins6tuta of Architects. All rights reserved. WARNIPlG: This AIA~~ Document is protectcsd by U.5. Copyright Law and International Treaties. Unauthorizeti reproduction or distribution of this AIA~O~ Document, or any portion of it, may residt in severe civil and criminal penalties, and will be prosecuted to the maximum extent possibly under the law, This draft was produced by AIA software at 14:12:25 on 11/20/2015 under Order No.~239586206_1 which expires on 07/14/2018, end is not for resale. (1278235989) User Notes: PAPR - 003473 professional liability insurance. § 6.3.2.1 Unless otherwise provided, at the time of execution of the Design-Build Amendment, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction where the . ___ Unless the parties agree otherwise, upon issuance of a Certificate of Substantial Completion, tie Owner shalt replace the insurance policy required under this Section B.3.2 with another property insurance policy v✓rit~en for theyotal value of the Project that shall remain in effect until expiration of the period for correction of the Work set forth ih Section 11.2.2 of the Agreement. . , ..,.........,..o «0....7..o.J ,,.,,Jo. C~..t:..« a '] 7 1 ..i, ..11 :.,..1.,,70 ..,:rl,,,..r 1:...:s..N.... :........«..e ..,.,.:....t tl.o ~ . s e . > > ~ e f e > s '. _ .... ,._., > ~ +~+re~-less: ,~- ~~~~ ~. ~ . iS p ,:9 i ::, .. t § B.3,2.2 Boiler and Machinery Insurance. T'he Owner shall purchase and maintain boiler and machinery ~is+~r$nse; ~.., > ' PD-09, and PD-12. .insurance in the form of S.C. Insurance Reserve Fund (°IXtF") PD-01, '~ y I~ Additions and Deletions Report for AIA Document A141TM — 2014 Exhibit B. Copyright c~J 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA' pocument is protected by U.S. Copyright Law and International Treaties. Unauthorized reprocluctian or distribution of this AIA¢' Document, or any portion of it, may residt in severe civil and criminal penaRies, and will 6e prosecuted to the maximum extent possible under the law. This draft was produced by AU1software at 14:12:25 on 11/20/2015 under Order No.0239586208_1 which expires an 07/14/2016, and Is net for resale. (1278235989) User Notes: PAPR - 003474 a ,, PAGE 4 _.,- ,k ` ~. ~:-.`` § B.3.2.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers un~ess one of the parties in interest shall object in writing within five days after occurrence of a loss to the Owner's exercise of this power,~If an objection is made, the dispute shall be resolved in the manner selected by the Owner and Desien-Builder as the method of binding dispute resolution in the Agreement. n~C~'{6̀~€ B.4 CDCl~IAI TCDIIIIC AAII1 /~AAII'11TInA1Q ~` ~ ,~`nj2 F~ o <. i! '~ _..,, ~~' s ~ i S~ 5 '~ 'y ~. r i~ ' i a q ~.. ~ 9 i Additions and Deletions Report for AIA Document A141TM — 2074 Exhibit B. Copyright m 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA~ Document is protected by U.S. Copyrie~ht Law and International Treaties. Unauthorized reproduction or distribution of this AIA~"' Document, or any porEion of it, may residt in severe civil and criminal penalties, and will 6e prosecuted to the maximum extent possible under (he law. This drak was produced by AIA software at 14:12:25 on 11/20!2015 under Order No.0239586206_1 which e~ires on 07/14/2016, and is not for resale. (1278235989) User Notes: PAPR - 003475 Document A141rM - 2014 Exhibit A Design-Build Amendment This Amendment is incorporated into the accompanying AIA Document A141T"'-2014, Standard Form of Agreement Between Owner and Design-Builder dated the twenty-third day of November ~ in the year two thousand fifteen ` (the "Agreement") (In wads, indicate dory, month andyear.) --.- The; author of this document has added information needed for its completion. The author may also ,have revised the text of the original '~;AIAstandard form: An Additions and ,Deletions Report that notes added ~:info~mation as well ~s revisions to ''the standard form text is available from the author`and~ishould be ';revi'ewed: A vertical line in-the left ;'.margin of this.document indicates. for the following PROJECT: (Nome and location or address) New Carolina Forest Middle School per Owner's Request for I'toposals No. 1415-91and the Design-Builder's proposal to the Owner pursuant to Owner's Solicitation No. 1415-91 THE OWNER: (Name, IegaC Status gntl add~'ess~ where the author has added necessary information and where-' Horry County Schools, South Carolina, a political subdivision of the State bf South Carolina. 335 Four MileRd. Conway; SC 29526 the author has added to-or deleted from the original AIA text. This document has important legal jconsequences. Consulta4ion with an =attorney Is encouraged with respect to Its completion'or modification. THE DESIGN•BUILDER: (Name, legal status and address). !FIItSTFLOORENERGY POSITIVE LLC, 333 FaYetteville St.~ Suite 225 Ra]eigh`NC 27601 Consultation with amatto.rney is also, encouraged with respect fo ~ professional licensing requirements j in the jurisdiction where the Project is located. _; '': i The Owner and Design-Builder hereby amend the Agreement as follows. ~ ~ TABLE OF ARTICLES ~ A.1 CONTRACT SUM A.2 CONTRACT TIME A.3 INFORMATION UPON WHICH AMENDMENT IS BASED A.4 DESIGN-BUILDER'S PERSONNEL, CONTRACTORS AND SUPPLIERS a iADDITIONS AND DELETIONS: ~; ~ 3 ~ __ - t _.:: - ~ t i .__.:,___ ---` ~~ ,~` ~; e 7 A.5 __:._.,:.,_. _..... _,_ 7 i COST OF THE WORK ARTICLE A.1 CONTRACT SUM § A.1.1 The Owner shall pay the Design-Builder the Contract Sum in current funds for the Design-~3uilder's performance of the Contract after the execution of this Amendment. The Contract Sum shall be one of the following and shall not include compensation the Owner paid the Design-Builder for Woc•k performed prior to execution of this Amendment: (Check the app~•opriate box.) ELECTRONIC COPYING of any portion of this AIA~ Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document A141T"' — 2074 Exhibit A. Copyright D 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNIh1G: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduc4ion or distribution of Yhis AIA"' DocumenE, or any portion of it, may result in sevore afvil and criminal penalties, and will be prosecuted to the rnaximum extent possihle under the law. This draft was produced by AIA software at 14;12:59 on 1112 0/2015 under Order No.0239586208_1 which expires on 07/14/2016, and is not for resale. (1196507701) User Notes: PAPR - 003476 [ X ? ] Stipulated Sum, in accordance with Section A.1.2 (Paragraphs deleted) below § A.1.2 Stipulated Sum § A.1.2.1 "l~hc Stipulated Sum shall be forty-five million nine hundred thirty thousand two hwidced twenty-seven dollars (~ 45,930,227.00), subject to authorized adjustments as provided in the Design-]3uild i D~ , cutnents. z ~ ,,.,,.... .. __._._ _. (Pa~•ag~•aphs deleted) . (Table deleted) t 5 (Paragraphs deleted) (Table deleted) `' (Paragraphs deleted) § A.1.5 Payments ? x § A.1.5.1 Progress Payments ~, e z g § A.1.5.1.1 Based upon Applications for Payment submitted to tl~e Owner by the Design-B~ilde~, the Owrier shall snake progress payments on account of the Contract Sum to the Design-Builder as provided below and els~ewl ere in the Design-Build Documents. # s § A.1.5.1.2 The period covered by each Application for Payment shall be one calendar monfh ending on the last day'""" 2:, ofthe month. _.~ `~ § A.1.5,1.3 An itemized payment request shall be submitted to the District by the 25"' day of each month that .., - ~' ` i payment is being requested and at completion of the project, using the form provided by the District. The payment ., . } request shall not include a) any work anticipated to be completed but not completed by the end of each month ::, being requested; b) any materials not incorporated into the work to be performed except those properly,sfio"r`~d ~s stated in the Contract Agreement; c) any damaged, used, inferior or substituted materials;not meeting the k requirements and standards of the contract; nor d) any amounts the Contractor does not intend'to pay to an'y j subcontractor or supplier, where performance or material quality is in question or any other dispute is pehdit~g. lf, upon review of the payment request and based upon the best determination of the District. the amount•re,~uested • ~~ . does not accurately represent, in the District's opinion, the progress of the completed work to be performed n'the_.. -' Scope of Work the District shall have the right to adjust the payment request to more accurately reflect the ~ '' percentage of completed work/services. The District shall approve and authorize payment to the. Contractor no more often than once monthly. Payment by the District of undisputed amounts shall be made by the'15"' day ; ~` of the following month if request is received by Contractor by the 25"' of the month. If payment request is'not ~' received by the 25"'. the payment will be made within thirty (30) days from the date the District receives the' 5 payment request (Pa~•agraph deleted) ~~ . § A.1.5.1.5 With each Application for Payment the Design-Builder shall submit the most relent schedule of values.in _ , ,,,. . accordance with the Design-Build Documents. The schedule of values shall allocate the entire Contract Sunn among the various portions of the Work. Compensation for design services, if any, shall be shown separately: The-schedule -ofvalues shall be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule of values, unless objected to by the Owner, shall be used as a basis for reviewing .-.,., the--- - --, ._ ,_....A,, Design-Builder's Applications for Payment. ._` '~•.. § A.1.5.1.6 In taking action on the Design-Builder's Applications for Payment, the Owner stall ~ie~entitled to rely`on ~'~,~ ~`a F `y the accuracy and completeness of the information furnished by the Design-Builder and shall not be deemed to have made a detailed examination, audit or arithmetic verification of the documentation submitted i ~ accordance with ~ Sections A.1.5.1.4 or A.1.5.1.5, or other supporting data; to have made exhaustive or continuo~s on-site inspections; or to have made examinations to ascertain how or for what purposes the Design-Builder has used amounts previously paid. Such examinations, audits and verifications, if required by the Owner, will; be performed by the ~- , . ,:.., .,.. _, Owner's auditors acting in the sole interest of the Owner. AIA Document A141T" — 2014 Exhibit A. Copyright ~ 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNfNG: This AIA" Document is protected by U.S. Copyright Law and Internatiunal Troatles. Unauthorized reproduction or distribution of this AIA' Document, or any portion of It, may result In sever6 civil and criminal penalties, and will bo prosocuted to the maximum extent possibly under the law. This draft was produced by AIA software at 14:12:59~on 11/20/2015 under Order No.0239586208_1 which expires on 07/14/2016, and is not for resale. (1196507701) User Notes: PAPR - 003477 § A.1.5.1.7 Except with the Owner's prior approval, the Design-Builder shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § A.1.5,2 Progress Payments—StipulaEed Sum § A.1.5.2.1 Applications for Payment where the Contract Sum is based upon a Stipulated Sum shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. Y § A.1.5.2.2 Subject to other provisions of the Design-Build Documents, the amount of each'progress shall _.._.. payment .. be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed World as determined by multiplyingthe percentage completion of each portion of the Work by the share ~of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of three and: or~e/half percent (3S ~ %) on the Work. Pending final determination of cost to the Ovvne~ of Changes in the Work, amounts not in dispute shall be included as provided in Section 6.3.9 'of the Agreement; .2 Add that portion of the Contract Sum properly allocable to materials and egyipment delivered ~r.,_~and suitably stored at the site for subsequent incorporation in the completed construction (or, i ~ approved in advance by the Owner, suitably stored offthe site at a location agreed upon it writing), less retainage of three and one-half percent (3.5 %); ~ ~ < .3 ~ ~ ~ Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, the Owner has withheld or nullified, as provided i~ Se~tion 9.5 of the Agreement, ~ - '~ § A.1.5.2,3 The progress payment amount determined in accordance with Section A.1,5.22 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to:the full amount of the Contract Sum, less such amounts as the Owner shall determine for incomplete ,_. -; Work, retainage applicable to such work and unsettled claims; and (Section 9.8, 6 of the Agreement discusses release of applicable retainage upon Sa~bstantial Completion of Work) ~ .2 Add, if f►nal completion of the Work is thereafter materially delayed through'ho fault of the Design-Builder, any additional amounts payable in accordance with Section 9.10 3 of the Agreeme~t. ,. i (Paragraphs deleted) § A.1.5.5 Final Payment. § A.1.5.5.1 Final- payment, constituting the entire unpaid balance of the Contract Sum, shall be'made by tte:;Ownec, to ' the Design-Builder not later than 30 days after the Resign-Builder has fully performed the Contract and°the ~~, requirements of Section 9.10 of the Agreement have been satisfied, except for the Design-Builder's responsibility to correct non-conforming Work discovered after final payment or to satisfy other requirements '~vhich exted beyond final payment. d ~ ~ '' ~j c (Paragraph deleted) ~ `~ ~• -°~~-~ ARTICLE A.2 CONTRACT TIME § A,2.1 Contract Time, as defined in the Ageement at Section 1.4.13, is the period of time, including authorized -adjustments, for Substantial Completion of the Work. ._ s ~'' --- § A.2.2 The Design-Builder shall achieve Substantial Completion of the Worlc as follows; J, ~ `}E~ May 1, 2017. ' Y` (Table deleted) ~ ~ ~" ~ subject to adjustments of the Contract Time as provided in the Design-Build Documents. ~ a (Inse~•tprovisions, if any, for liquidated damages relating tofailure to achieve Substantial~om letion on time a for _ { ~ ~' bonus paymentsfor early completion of the Work.) ._ Liquidated damabes per A 141-2014. AIA Document A141T"' — 2014 Exhibit A. Copyright ~ 2004 and 2014 by The American Institute of Architects. Ali rights reserved. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International TrQaties. Un~uthorizacf reproduction or distribution of this AIR"' nooument, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum e~ctent possible wider tho law. This draft was produced by AIA software at 14:12:59 on 11/20/2015 under Order No.0239586208_1 which expires on 07114/2016, and is not for resale, (1196507701) Uaer Notes: PAPR - 003478 t ~ ARTICLE A.3 INFORMATION UPON WHICH AMENDMENT IS BASED § A.3.1 The Contract Sum and Contract Time set forth in this Amendment are based on the Owner's Design Requirements (including addenda to the RFP) and the Design-Builder's proposal to the Owner pursuant to Owner's Solicitation No. 1415-91.: ~,_ :..,; (Paragraphs deleted) (Table deleted) _,.~......_ . : .......:.. .:_.. ~.:_ __.___ . ._ _ . .; ~ (Paragraphs deleted) _._._. _...-.. . _. ...3 € ,-., ._.._.., . . (Table deleted). (Paragraphs deleted) ~ z (Table deleted) ~ (Paragraphs deleted) (Table deleted) "` (Paragraph deleted) s""` ` § A.3.1.5 Allowances and Contingencies; ~ ~`~'T (Identify any agreed upon allowances and contingencies, including a statement of their bass.) ~ j t .1 Allowances ? ~ ~ ~ i Owner Furniture Allowance Ow~rer Hardware Allowance Owner Controls Allowance Owner Fire Alarm Allowance OwnecSpecial Ulspections All Owner Commissioning Allowance Owner Technology Allowance Owner Landscaping Allowance .2 $ 1 ,500,000 x`350,000 $ 650,000 $ 750,000 $ 150,000 $ 125,000 $1 ,R(S,OOQ $200,000 4 ` .. >' ,,,, b " ~., ~` ~ ~ ... ,., ~ Contingencies 1 Owner contingency is currently Not in Contract and amounts will be determined by Modification...... ... ` § A.3.1.6 Design-Builder's assumptions and clarifications: Pursuant #o the Proposal accepied by the Horry County Board of education on November 2, 2015. 'b ;, (Paragraphs deleted) ARTICLE A.4 DESIGN-BUILDER'S PERSONNEL, CONTRACTORS AND SUPPLIERS § A.4.1 The Design-Builder's key personnel are identified below: (Identify name, title and contact information.) Carolina Forest Middle School: Superintendenh Mark Branch Project Manager. Charlie Rollins (Paragraphs deleted) Assistant Superintendent: Gary Pipkin ~ , ,:. ,' ` ~ ~ s 1'~ ~ ~ k~~ 's, ~r_ _-_-_ s_ _ . -_- _~ ~-~-~--------~----•,~.`•~ •----.~--,.,: -:• ~-~~ • • -::,..,. '` ~ ' ~~~ ~ ~"'" 5 § A.4.2 The Design-Builder shall retain the following Consultants, Contractors and supplier,,`s, identified below: (List name, discipline, add~•esr and other' _ _ ` ~ __~ _ _. info~~mation.) -- _ SfL~ a Architects: Architect, Raleigh NC Metcon/TA Loving joint venture: General Contractor, Pembroke NC _, ARTICLE A,5 COST OF THE WORK `-. .. . . ... ,., ~ -, '~ ~ j s t `` ~ ; _. AIA Document A141T"' — 2014 Exhibit A. Copyright ~ 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA" ❑ocument is protested Uy U.S. Copyright Law and Intematinnal Trusties. Unauthorized reproduction or distrihtition of this AIA`~ Document, or any portion of it, may result in severs civil anti criminal penalties, and will he prosecuted to ehe maximum extent possihle under the i~w. This draH was produced by AIA software at 14:12:59 on 11/20/2015 under Order No.0239588208 1 which expires on 07!14/2016, and Is not for resale. (1796507701) User Notes: PAPR - 003479 4 (Paragraphs deleted) (7'ab[e deleted) (Paragraphs deleted) § A.5.4 Other Agreements (Paragraph deleted) ~ § A.5.4,2 Agreements between the Design-Builder and Contractors shall conform to the applicable payment ~ provisions of the Design-Build Documents. j ..; ~ § A.5.4,3 The agreements between the Design-Builder and Architect and other Consultants identified in the T Agreement shall be in writing. These agreements shall be promptly provided to the Owner ~poq-the Owner's:written - - -:-' request. § A.5.5 Accounting Records ~ t The Design-Builder shall keep full and detailed records and accounts related to the cost of t~e Work and exercise such controls as may be necessary for proper financial management under the Contract and~to's~ubstantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owri~r's1 auditors shall, during regular business hours and upon reasonable notice, be afforded acces~ to,~and shall tie permitted to audit and copy, the Design-Builder's records and accounts, including complete documentation supporting accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Coniracor's proposals, purchase orders, vouchers, memoranda and other data relating to the Contract. 'I~e Design-Builder shall preserve these records for a period of three years after final payment, or for such longer period 'as traybe required"" ~ ' ~ - ' ` bylaw. ~..--.:... ,:._ ._ _ ~_.: § A.5.6 Relationship of the Parties The Design-Builder accepts the relationship of trust and confidence established by this Agreement and covenants s:: LL ,. with tha Owner to exercise the Design-Builder'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,,:~k adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner ~ ~ .. 1 consistent with the Owner's interests. This Amendment to the Agreement entered into as of the day and year first written above. OWNER (Signature) DESIGN-BUILDER (Signatu~•e) Joe Defeo, Chairman of the Board of Education (Printed name and title) Robert Ferris. Authorized Member (Printed name and title) .- s._._ ~. AIA Document A141 T"' — 201A Exhibit A. Copyright ~ 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA'°' ❑ocument is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distrilxition ofthis AIA° document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:12:59 on 11/20/2015 under Order No,0239586208_1 which expires on 07N4/2016, and is not for resale. (7196507701) User Notes: PAPR - 003480 ,} Additions and Deletions Report for AIA~~ Documenf A 141'M — 2014 Exhibif A This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below ail tekt the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the~~original AIA text,- -- .--:-.--- ,_ :....,.i Note: This Additions and Deletions Report is provided for information purposes only and fs not Incorporet~d into.or constituteany-_.~.--.--.,.--,.._.-1 part of the associated AIA document. This Additions and Deletions Report and its associated document were g~nested simultaneously by AIA software at 14:12:59 on 11/20/2015. ~ a ~ t !. __.1 PAGE1 a ~ This Amendment is incorporated into the accompanying AIA Document A141T"'-2014, Standard ~orm of . _, .-'--~ Agreement Between Owner and Design-Builder dated the twenty-third 'day of November ~ in t$e year two thousand fiileen (the "Agreement") i i E• ~ ~ ' .,: s i r; y New Cai•olinaForest Middle School per Owner's Request for Proposals No. 14l 5-91 and the Design-Builder's ; ;,,, ronosal'to the Owner pursuant to Owner's Solicitation No. 1415-91 ,. , ,_. .. ._ v. ..._.. _. .. . _- .,: ,. :_- e J HorrvCounty Schools, South Carolina, a political subdivision of the State of South Carolina... 335 Foul• Mile Rd. Conway. SC 29526 ... ,... ,, FIRSTFLOOR ENERGY POSITIVE LLC, 333 FayettevilleSt., Suite 225 Ralei~h,NC27GOl fJ,; r,° ;~£`fi,;,. ,, y,,:~ ~' PAGE 2 3 ~ l [ _X ' ] Stipulated Sum, in accordance with Section A.1.2 ~erv~ ~ ~ ~ a ~ :, ..~.M ~' _. ,, - it-,.,.. ,.F.t,e ~a~,...~. «I..,. +4.e no..;,.,, u..,'1~..~.~~~.:+i. ., n..........«,,,,a r,r....:......... n.....,. ;., ..,...,..a.... , .. ~. _. .:.w c~...:,.., n.'.^ below iu,...,.a ,.., «we ..oio,.«;,.., ..~.,,.,e ..,...,~ieto co,.~:,.., n i ~ n i z ,.,. n ~ a t,ol,,.,J _....~ -.._:,.,.:,,,.,-_,. ... - X3.4. ~y 1. § A.1.2.1 'The Stipulated. Sum shall be{~;€ortY-five million nine hundred thirty thousand two hundred twent,X-seven dollars ($ 45,930,227;00), subject to authorized adjustments as provided in the Design-Build Documents. ; A~ • f 1. ~ , 1 - f ~ Additions and Deletions Repoli for AIA Document A741T"' — 2014 Exhibit A. Copyright ~ 2004 end 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA~' Document is protected 6y U.S. Copyright Law and International Treaties. Unautliorizod reproduction or distributipn of this AlA`~ Document, nr any portion of it, may result In severe civil and criminal penalties, and will ba prosecuted to the maximum extant possible under the law. This draft was produced by AIA software at 14:12:59 on 11/20/2015 under Ober No.0239586208_1 which expires on 07/1412018, end is not for resale. (1186507701) User Notes: PAPR - 003481 ,~ 1~ A ~ 7 1 T T...:f ... e"~ :F....... ~ ~'~t1Ft~~Eftfntt5:~ ~ ~s ~te►~ •y.. ❑ ~• r~_~ar.a~~~2 Price-per ~1►~itf$8:89~ ,. _ _ R A 4 Z 7 TL.~ Tlo......, T~..:1.J o..~.. Feo. . ........ _ . . ._ ..... . ~.,..... ~A 9 Z 4 Tl.e !'b,..s ,.F~L.., \]I,..-1. :., .... .7.,F.., e.7 :.. A«a: ,.I,~ A C~ l~~~F y.F FI._ i77v«4_ _... ,.. "ti f ,......~_.~....~-r.-- ....... ..... . ... ..,.,.._ s 3 j tl S 7 ~ ~ .. } ~ ¢ ~ t 4 ~ ~ ~ 3 C ~ . .. . ' ,. ~f~ti, ~v,...v .. aor..,oa :., n..t.n~de_s r ...~ .....,f .. .. ...... f A 7 A 1 'i~L.e ~,,... ,.c.~,e ~x~,..-i, : R A '~,A •7 Tt.o Tla • U..:1,7e«~~ L'e 7 ~ j ,~ 3 } i - ... a .. __ V ~~ > > > > {£` }~~ r i . ~. \~. I. ~~ ~'} \1 R ~A A AZAiT..:tD ' e..~' ~ .F r S ~ t p y ~ S s,..,... 4~ ,~ ._..-.,,.,~ :...-. ,. Addit(ons and Deletions Report for AIA Document A141 T'" — 2014 Exhibit A. Copyright m 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA~' DocumQnt is protected by U.S. COpyric~ht Law and International Treaties. Unnutliorized reproduction or distribution of this AIA~' Document, or any portion of it, may result in severe civil and criminal penalties, and will ho prosecuted to the maximum extent possiblo under the law. This draft was produced by AIA software at 14:12:59 on 11/20/2015 under Orcler No.o239588208_1 which expires on 07!14/2016, and 1s not for resale. (1196507701) User Notes: PAPR - 003482 ~ h ~~ .~~ ✓~ .. ,. § A.1.5.1.2 The period covered by each Application for Payment shall be one calendar month endi` g on the last day of the, ,....,. ,... .... c~i,...,... ~ k month. § A.1.5.1.3 performance or material quality is in question or any other dispute is pending. If, upon review of the payment request and based upon the best determination of the District. the amount requested does not accurately °'' represent, in the District's opinion, the arosress of the completed work to be performed in the Scope of Work the District shall have the right to adjust the payment request to more accurately reflect the aercentase of completed work/services, The District shall approve and authorize payment to the Contractor no more often than once Payment by the District of undisputed amounts shall be made by the 15"' day ofi;the following month monthly. if request is received by Contractor by the 25"' of the month. If payment request is not received'bv..the 25"'; theg °payment will be made within thirty (30) days from the date the District receives the payment request ""- -.. . . ti , > - ~ '' § A.1.5.1.5 With each Application for Payment Design-Builder shall submit the most recentschedule of va~lue~ m -the accordance with the Design-Build Documents. The schedule of values shall allocate the entire~Contract Sum among the various portions of the Work. Compensation for design services, if any, ~'~~„'~~ ~"~..~~ ~~~~~~~~,~. ""~~~~ ~'~~ ~ '" ' sha11 _,.. be shown separately. The schedule of values shall be prepared in such form and supported by such data to`°`~~ - y "' substantiate its accuracy as the Owner may require. This schedule of values, unless objected to by:=the Owner; shall... be used as a basis for reviewing the Design-Builder's Applications for Payment. '``, '~;, PAGE 3 `F3 .1 j',r Vii* ~. 3 Take that portion of the Contract Sum properly allocable to completed Work as' determined by multiplying the percentage completion of each portion of the Work by the share of the Contract.Sum, allocated to that portion of the Work in the schedule of values, less retainage of three and one/half i -_ ? ~:;~ ~ ~ .., _ Additions and Deletions Report for AIA Document A141T" —2014 Exhibit A. Copyright ~ 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA~' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAt Document, or any portion of it, may residt in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the Iaw. This draft was produced by AIA software at 14:12:59 on 11/20/2015 under Order No.0239586206_1 which expires on 07/14/2016, and is not for resale. (1196507701) User Notes: PAPR - 003483 , 2 3 .2 ... R percent (35 %) on the Work. Pending final determination of cost to the Owner of Changes in the Work, amounts not in dispute shall be included as provided in Section 6.3.9 of the Agreement; Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored offthe site at a location agreed upon in writing), less retainage of three and one-half percent (3_5 %); ;- ~ 1~ ~s A ~ f. 7 w ne,l..,.s:,.« ,.« ~:«.:s.. a:...., ,.F..,.s.,:«..,". :c,,.... ..L...11 i.,..,.. F tt,,...... } i. ,k A Additions and Deletions Report for AIA Document A141TM' — 2014 Exhibit A. Copyright m 2004 and 2014 by The American Institute of Architects, All rights reserved. WARNING: This AIA~~ Document is protected 6y U.S. Copyright Law and Infer~at(onal Treaties. Unauthorized reproduction or distribution oP this AIA"' Document, or any portion of it, may rQs~dt in ~evera civ11 end crinNnal penakies, and will be prosecuted to the maximum extent passible under the law. This draft was produced by AIA software at 14:12:59 on 11/20/2015 under Order No.0239586208_1 which e~fres on 07/14/2016, and is notfor resale. (1196507701) User Notes: PAPR - 003484 4 i > ; -~~ ., : • .. § A.1.5.5.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the,Owner to L the Design-Builder not later than 30 days after the Design-Builder has fully performed the Contract and't}ie requirements of Section 9.10 of the Agreement have been satisfied, except for the Design-Builder's i~esponsibilitysto correct non-conforming Work discovered after final paytnent or to satisfy other ~^•~~-~m~~'~ :~~~.., xequireinent5 ~~`°• which extend beyond final payment. ......::.. .... .. ;~a 1 5 1 1' § A.2.2 The Design-Builder shall achieve Substantial Completion of the Work ~.,. ,.Ftw... ~...o..a.,..e..+~ ,,.. as follows: ~ '. ,..: . ,.. . ._ ~ 1 Mav 1, 2017. LIAR-9~~8F{f f ~lf~3S~i1~1&~-EOHl~Fe~19~3~2 ~ ~~, is s~ S i 1 Additions and Deletions Report for AIA Document A141T" —2014 Exhibit A. Copyright m 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA~' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA61 Document, or any portion of it, may rosult in severe clvU and criminAl pe~ialtios, and will 6Q prosecuted to the maximum extent possihle under the law. This draft was produced by AIA software at 14:12:59 on 11/20/2015 under Order No.0239586208_1 which expires on 07/14/2016, and Is not for resale. (1196507701) User Notes: PAPR - 003485 ,Liquidated damames per A141-2014. PAGE 4 § A.3.1 The Contract Sum and Contract Time set forth in this Amendment are based on the €e1{ew~gOwner's Design Requirements (including addenda to the RFP) and the Design-Builder's proposal to the Ov~ner pursuan ~ j Owner's Solicitation No. 1415-91.: R A Z ~ ~ 'i~L, ., O..«..I.,«.o«t,,.... .....7 ..tl. o.. l~,.....7:F: ,...... ,.Frl... lam..«t«....t• . ~ ~ ~j 3 ~ 9 _: - _. R n 4 ~ 9 mt,o c..e :R,.,.s: - i ~. ~y 7 a N f:f ~'+t1@ ~ n z ~ w -in.o c..,...,:..,.i.:r.«., ni..., :F...,... Owner Furniture Allowance Owner Hardway~e Allowance .Owner Controls Allowance Owner Firc Alarm Allowance Owner Special Inspections All Oumer Commissioning Allowance Owner Technology Allowance Owner Landscaping Allowance $ 1 ,500,000 $ 350,000 $ 650,000 $ 750,000, $ 750,OOQ $ 125,OOQ $1 ,865,000 $200;000 Addltiona and Deletions Report for AIA Document A141 T"' — 201A Exhibit A. Copyright 02004 and 2014 by The American Institute of Architects. Ali rights reserved. WARNING: This AIAk~ Document is protected by U.S. Copyright Law end International Treaties, Unauthorized reproducflon or distribution of this AIA~' Document, or any portion of it, may residt in severe civil and criminal penalties, and wild be prosecuEed to the maximum extent possible under the law. This draft was produced by AIA software at 14:12:69 on 11/20/2015 under Order No,o239586208_1 which e~ires on 07/14/201s, and is not for resale. (1196507701) User Notes: PAPR - 003486 6 Owner contin~encv is currently Not in Contract and amounts will be determined by Modification. Pursuant to the Proposal accepted by the Horry County Board of Education on November 2, 2015. ~ n 2.~ ~ rte„ „F: ~.,, .w,, n, r_:«,. .,a: ,..,,a w. ~,r,.a:~,,,.+: ~ s ~ i z "~ «,7: ..to ,.L. ,L... ~ L.el.. uy ~ 1 4 3 a ~~~~~~'~~~~~'~~~ Carolina Forest Middle School: Superintendent: Mark Branch z ~c~jeet~a~ngetProiect Manager. Charlie Rollins t a ~ 1 a t ~ 4 ~ ~ ~ i a , ,, , ,,, ,,, ,,, __,, Additions and Deletions Report for AIA Document A141T"' — 2014 Exhibit A. Copyright 8 2004 and 2014 by The American Institute of Architecis. All rights reserved. WARNING: This AIA`~ Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distrihution of this AIA~ Document, or any portion of if, may residt in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible cinder tiie law. This draH was produced by AIA software at 14:12:59 on 11/20/2015 under Order No.0239586208_1 which expires on 07114/2016, and is not for resale. (1196507701) User Notes: PAPR - 003487 7 a ~as~-a„-~:t~^ _ ..i:,,.... ; ~,,.. cam,..:,,., n c i i ..a ..,,i,...:o.. : ,.t..,aoa r t F. „-i~-t#~e~srs,,k~e-Werkt+ti ,..a,,.,,.,,..,:.~. F~.e.. --/~5~-~OS~S-9 o,,:,. ,.retie:.. ~„~.,.~~t...,.... riic. ~-~ ~1-3~2-~F9W~a.•7 zrvy—ci~nc5igi L••, t t--aumTc'+~-ist L~•• ~ I e C-~'6 f8{raR~~~kll~ mzcii ~9NS~Fli&~FAR o.~ :., rl,e ..o«F«........ .... ..F 41,o V17,.r1. /'~.,..t.. .,F l.. .. e ~ :, ~vl, FL,.~ Tl,. T]. :1,Jo I:.,L.lo - ,~~ ~~ Additions and Deletions Report for AIA Document A141T"' - 2014 Exhibit A. Copyright D 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This A.IA`' Document is protected dy U.S. Copyright Law and International Treaties. Un2uthorizoct reproduction or distribution of this AIA~~ Document, or any portion of it, may residt in severo civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was producad by AIA software at 14:12:59 on 11/20/2015 under Order No.0239586208_1 which expires on 07/14/2016, and Is not for resale. (1196507701) User Notes: PAPR - 003488 .. , . -,<.~ .. ,.. . .«.....7 ..ri.:~u Mn..o~:«.~ :« .~:....~. nv..0 ..F .~..h:..n r1.R'l.~SlS7.T:i!!!!5.7'fT_ i.~.i~14if~ n.~~~~~~„~.a..0 Additions and Deletions Report for AIA Document A147 "" — 2014 Exhibit A. Copyright m 2004 and 2014 by The American Instltute of Architects. All rights reserved. WARNING: This AIA"' Document is protected 6y U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA`' Documont, or any portion of it, may result in severe civil and criminal penalties, and wUl be prosecuted to the maximum extent possfhle under the law. This draft was produced by AIA software at 14:12:59 on 11/2012015 under Order No.D239586206_1 which e~ires on 07114!2018, and is not for resale. (11965077 01) User Notes: PAPR - 003489 . ., . „~ a „a,.,.F:,... n..., ,.,...t ..,.+,.~o,.:F:,..,n., .,.,a o,...i:, ao,.,...:Noa :., co,.+:,.., n c i. ...,a { ~:.._: .: _..._._.,.~.,_,.._._-__.--__.....,. .._...... . r ~.,.....t,,, n,...s ,.rsw~ ~t~,...~. ..:: ~ ~.... . ~ , ~ ~ j > ' F r t ~ • '• § A.5.4.2 Agreements between the Design-Builder and Contractors shall conform to the applicablg.payriient~ ~,, provisions of the Design-Build ~' t. ~ °~~*:~~ ".s.°,'-~~~ ,.Documents. ... Joe Defeo:.Chairmari of theBoard 4f Education ~ ~ ...:: 1Zobert Fetris:.Authorized 1vlenber ~ ~ .::—.,9 N _''" ~;: ~ ,,.,. ... -.,.:. ,~ s;r AddlGons and Deletions Report for AIA Document A141'" —2014 Exhibit A. Copyright m 2004 and 2014 by The American Institute of Architects. All rlghte reserved. WARNING: This AIA`'~ Document is pratecfed by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA`~ Document, or my portion of it, may result in severo civil and crLninal penalties, and vrill be prosecuted to the maximum extent possible under• the law. This draft was produced by AIA software at 14:12:59 on 11/20/2015 under Order No.0239586206_1 which e~ires on 07!14/2016, and Is not for resale. (1196507701) User Notes: PAPR - 003490 ,~ ~