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1st Task Order 08/17/2022 TASK ORDER FOR CONSTRUCTION AUDITING SERVICES BETWEEN MONROE COUNTY AND CARR, RIGGS & INGRAM, LLC FOR PLANTATION KEY COURTHOUSE AND DETENTION CENTER In accordance with the Professional Agreement for Construction Auditing Services, made and entered into on April 20, 2022, between MONROE COUNTY, hereinafter referred to as the "County," and CARR, RIGGS & INGRAM, LLC, hereinafter referred to as "Consultant,"where construction auditing services are allowed, hereinafter referred to as the "Agreement". All terms and conditions of the Agreement apply to this Task Order,unless this Task Order amends, adds, or modifies a provision or an Article of the Agreement of which will be specifically referenced in this Task Order and the amendment, addition, or modification shall be precisely described. These additions apply only to the project referenced in this Task Order. This Task Order is effective on the 17th day of August 2022. WHEREAS,the new Plantation Key Courthouse and Detention Center project is nearing completion and the County desires to have professional assistance with pay application review and close out of the project to ensure contract compliance. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties agree as follows: 1. In accordance with Article II, SCOPE OF BASIC SERVICES of the Agreement, the Consultant will perform pay application review services as outlined in Exhibit A and close out cost verification services as outlined in Exhibit B. 2. In accordance with Article VII, paragraph 7.1 of the Agreement, the County shall pay the Consultant a Not-to-Exceed amount of Forty-Seven Thousand Seven-Hundred and 00/100 Dollars ($47,700.00)paid monthly based on the following: a. Pay Application Review (PAR) and Staff Training—$22,795.00 Not-to-Exceed paid upon receipt of documentation and approval by the Director of Project Management. b. Reimbursable Expenses — $1,405.00 Not-to-Exceed paid upon receipt of documentation and approval by the Director of Project Management. c. Close Out Cost Verification — $23,500 Not-to-Exceed paid upon receipt of documentation and approval by the Director of Project Management Page 1 of 7 All other Terms and Conditions of the Task Order shall remain in accordance with the Agreement. IN WITNESS WHEREOF, each parry caused this Task Order to be executed by its duly authorized representative. CONSULTANT;fir August 17, 2022 Carr, iggs &" n1gram, LLC Date MONROE COUNTY: , 08/17/2022 o n R ma Gast es1_C' ounty Administrator Date APPROVED A!S TO FORM DATjE: 8-10-2022 Page 2 of 7 EXHIBIT A Plantation Key Judicial Courthouse and Detention Facility Pay Application Review 1. Verify the contract value as represented on the payment application is correct. 2. Verify the amounts reported on the payment application reconcile to previous payment applications and are mathematically accurate. 3. Vouch charges to related supporting supplier/vendor invoices/sub-contractor pay applications, etc. (as applicable). 4. Verify labor and labor burden are charged in accordance with the contract. 5. Confirm change orders are properly approved and incorporated into the pay application. 6. Validate proper review and approval by the appropriate representatives. 7. Other applicable compliance criteria as needed, tailored specific to the project. 8. Monthly pay application checklist includes observations/recommended follow-up. Page 3 of 7 EXHIBIT B Plantation Key Judicial Courthouse and Detention Facility Close Out 1. Inspect a copy of the Contract(the "Agreement"), between the County and Biltmore Construction Company, Inc. (the "Construction Manager"), including all Amendments, collectively referred to as the"contract documents", relative to the construction of the Project. 2. Inquire of the County and the Construction Manager as to whether there are any disputed provisions between the two parties, relative to the contract documents or the Project's costs as provided in 4. below, or if there are any other unresolved disputes. 3. Inquire of the Construction Manager as to whether there are any disputes between the Construction Manager and its subcontractors. 4. Obtain from the Construction Manager, a copy of the final job cost detail (the "final job cost detail"). 5. Obtain from the Construction Manager and the County, a copy of the final payment application request issued to the County("final pay application"). 6. Obtain from the Construction Manager a reconciliation between the final job cost detail and the final pay application. 7. From the final job cost detail, select all subcontractors with total costs in excess of$50,000("selected subcontractors") and perform the following: a. Obtain the subcontract and related change orders, executed between the selected subcontractors and the Construction Manager. Compare the total amount recorded in the final job cost detail to the original subcontract amount plus the related change orders. b. Obtain the appropriate labor and material pricing estimates, vendor invoices, and subcontractor markups ("supporting documentation") for the subcontractor change orders in 7.a. above. Compare the change order amounts to the supporting documentation. C. Obtain from the Construction Manager, the final lien releases or individual payment lien releases totaling the final subcontract value submitted by the selected subcontractor to the Construction Manager, or a sample of cancelled checks for payments made by the Construction Manager to the selected subcontractor ("payment documentation"). Compare the final subcontract amount to the payment documentation. d. Obtain a listing of owner direct purchases ("ODP") from the County related to each subcontract selected. Compare the ODP amounts to the sum of the deductive ODP change orders, per the selected subcontractor. 8. If there are reimbursable labor charges included in the final job cost detail, from the total number of Construction Manager employee payroll transactions listed in the final job cost detail, haphazardly select a sample of at least 20 Construction Manager payroll transactions. Each sampled payroll transaction will be for a specific, identified time period of the Project. Page 4 of 7 9. From the items selected in 8. above, perform the following: a. Obtain copy of or access to,the original timesheet and a payroll register,for the time period of the selected transaction,showing gross pay to the employee for each employee selected. b. Compare the amount listed for each sample in the final job cost detail to the items obtained in 9.a. above. 10. If labor burden is included in reimbursable labor (if any), recalculate the labor burden percentage and compare it to the fixed rate per the contract documents. 11. From the final job cost detail, select any non-subcontractor line items that exceed $50,000 and perform the following: a. Obtain a copy of or access to, the original invoice, pricing document, and a copy of the cancelled check for each item selected. If there are more than 10 entries for the non- subcontractor in the final job cost detail, select a sample of at least 5 items. b. Compare the documents obtained in 11.a.to the amount recorded in the final job cost detail. 12. From the final job cost detail,select amounts for payment and performance bond costs and builder's risk insurance(as applicable)and perform the following: a. Obtain a copy of or access to the original invoices and a copy of the cancelled check or other proof of payment paid directly to a third party.Compare the documentation obtained to the amounts recorded in the final job cost detail. 13. From the final job cost detail, select amounts for general liability insurance and perform the following: a. Where applicable,obtain the Construction Manager's internal allocation for general liability insurance charges. b. Inspect the internal allocation method and calculation. Compare the documentation obtained in 13.a. above to the amounts recorded to the final job cost detail. c. If applicable,obtain third party invoices for internal allocation amounts. d. If there is a self-insured portion of the premium, inquire regarding the calculation methodology for the self-insured portion of the premium. Obtain third party invoices or documentation for the calculation of the self-insured portion of the premium. Specifically inquire if that portion of the premium is based on actuarial calculations. If so, obtain the actuarial report supporting the calculation. e. If applicable,obtain supporting documentation for the allocation base,i.e. annual company- wide revenue for the Construction Manager. f. If applicable, recalculate the Construction Manager's internal allocations and compare the recalculation to the amounts in the final job cost detail. 14. Inquire of the Construction Manager to determine if there are any expenditures, in the final job cost detail,to entities related by common ownership or management to the Construction Manager. 15. If there are expenditures to entities related by common ownership or management noted in 14. above, perform the following: a. Report the entity and volume of the transactions to the County. b. Determine if such transactions are properly authorized bythe County,in accordance with the Page 5 of 7 contract documents. 16. From the final job cost detail, haphazardly select at least five transactions determined to be the Construction Manager's internal charges to the Project (if internal charges exceed $15,000), and perform the following: a. Obtain vendor invoices and Construction Manager calculations for internal charge rates. b. Compare the internal charge rates recorded in the final job cost detail to the supporting documentation obtained in 16.a. above. 17. Obtain the Project's Notice to Proceed("NTP")from the County and inspect the dates of the charges in the final job cost detail for recorded costs with dates prior to the date on the NTP. 18. Inquire of the Construction Manager to determine whether they are using a subcontractor default insurance program ("subguard") for subcontractor bonding requirements. If so, perform the following: a. Inspect the final job cost detail, as well as subcontracts and change order line items for the selected subcontractors noted in 7. above, for line items described as subcontractor bond costs. b. Obtain an invoice and cancelled checks for the subguard charges found in the final job cost detail, if paid to a third party. c. If the charges for subguard are the result of an internal allocation, obtain the internal allocation calculations that support the amounts in the final job cost detail and compare the calculations to the amounts in the final job cost detail. d. If there is a self-insured portion of the premium, inquire regarding the calculation methodology for the self-insured portion of the premium. Obtain third party invoices or documentation for the calculation of the self-insured portion of the premium. Specifically inquire if that portion of the premium is based on actuarial calculations. If so, obtain the actuarial report supporting the calculation. e. If internal allocations are used, recalculate the internal allocations, and compare the recalculation to the charges in the final job cost detail. f. Obtain written representation that the subcontractors on the Project, enrolled in subguard, have not included bond costs in their payment applications. 19. Obtain all signed and executed change orders between the County and the Construction Manager for the duration of the Project. 20. Obtain from the County, a log of the ODPs plus sales tax savings for the Project and perform the following: a. Recalculate the total ODPs,from the log obtained above,by taking the actual ODPs spent on the Project and comparing them to the original contract value(including ODPs)plus or minus any change orders (not including ODP change orders). b. Inquire if the County will seek to recover the amount of any such missed tax savings from the Construction Manager. 21. Compare the ODP log plus tax savings amount obtained in 20.above,to the total signed and executed change order amounts obtained in 19. above relative to ODPs. Page 6 of 7 22. Utilizing the not-to-exceed general requirements detail from the contract documents in 1. above, compare to the general requirements charges noted in the final job cost detail. 23. Recalculate the adjusted guaranteed maximum price("GMP") as follows: a. Obtain the original GMP amount, including any fixed or percentage-based Construction Manager fees or lump sums from the contract documents noted in 1. above. b. Add the original GMP amount (from 1. above) plus additive change orders and minus deductive change orders from 19. above. 24. Obtain the final contract value, per the final pay application (noted in 5. above) and compare it to the adjusted GMP amount recalculated in 23.b. above. 25. Recalculate the final construction costs as follows: a. Starting with the final job cost detail, adjust for any reductions identified in the application of the above procedures (i.e. subcontractor markup differences, non-reimbursable items, repair/rework items, etc., as applicable) to reach the "adjusted final job costs". b. Utilizing the adjusted final job costs, add any fixed fees or lump sum amounts to reach the "final construction costs". c. Compare the adjusted GMP amount calculated in 23.b.above to the final construction costs amount from 25.b. above. 26. Obtain,from the County and/or the Construction Manager, all of the Project's contingency logs and usage documents and inspect all contingency usage forms for the County's designated representative's signature of approval. 27. Compare the ending balances in the contingency funds, per the contingency logs obtained in 26. above,to the change order amount of the funds returning to the County, as obtained in 19. above. 28. Obtain the Certificate of Substantial Completion, signed by the Architect, and compare the date of this document to the time requirements contained in the contract documents. 29. Obtain the Certificate of Final Inspection, signed by the Architect, and compare the date of this document to the time requirements contained in the contract documents. 30. Utilizing the Certificate of Final Inspection obtained in 29.above, inspect the dates of the charges in the final job cost detail for recorded costs with dates subsequent to the date of the Certificate of Final Inspection. Page 7 of 7