CM SERVICES ORLEANS COURTHOUSE

expired opportunity(Expired)
From: Vermont(State)

Basic Details

started - 13 Sep, 2022 (18 months ago)

Start Date

13 Sep, 2022 (18 months ago)
due - 04 Oct, 2022 (18 months ago)

Due Date

04 Oct, 2022 (18 months ago)
Contract

Type

Contract

Identifier

N/A
Agency of Administration

Customer / Agency

Agency of Administration
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CONSTRUCTION MANAGEMENT SERVICES ORLEANS DISTRICT COURTHOUSE UPGRADES 217 Main Street, Newport 05855 Buildings and General Services 109 State Street [phone] 802-828-2211 Montpelier VT 05609-3001 [fax] 802-828-2222 http://bgs.vermont.gov/purchasing SEALED BID REQUEST FOR PROPOSAL CONSTRUCTION MANAGEMENT SERVICES FOR THE ORLEANS DISTRICT COURTHOUSE UPGRADES 217 Main Street, Newport 05855 ISSUE DATE: September 13, 2022 BIDDERS CONFERENCE: Tuesday, September 20, 2022, at 9:30 AM QUESTIONS DUE BY: Tuesday, September 27, 2022, at 4:30 PM RFP RESPONSES DUE BY: Tuesday October 4, 2022, at 4:30 PM PLEASE BE ADVISED THAT ALL NOTIFICATIONS, RELEASES, AND ADDENDUMS ASSOCIATED WITH THIS RFP WILL BE POSTED AT: http://www.bgs.state.vt.us/pca/bids/bids.php THE STATE WILL MAKE NO ATTEMPT TO CONTACT INTERESTED PARTIES WITH UPDATED
INFORMATION. IT IS THE RESPONSIBILITY OF EACH BIDDER TO PERIODICALLY CHECK THE ABOVE WEB PAGE FOR ANY AND ALL NOTIFICATIONS, RELEASES AND ADDENDUMS ASSOCIATED WITH THIS RFP. STATE CONTACT: James Meyers, State Senior Purchasing Agent TELEPHONE: (802) 828-2211 E-MAIL: BGS.OPCVendorDocs@vermont.gov > VERMONT http://www.bgs.state.vt.us/pca/bids/bids.php mailto:BGS.OPCVendorDocs@vermont.gov CONSTRUCTION MANAGEMENT SERVICES ORLEANS DISTRICT COURTHOUSE 1. OVERVIEW: 1.1. SCOPE AND BACKGROUND: Through this Request for Proposal (RFP) the Department of Buildings and General Services (hereinafter the State) is seeking to establish a contract with a Construction Management firm to provide Construction Management services (hereinafter the CM) for the Orleans District Courthouse Upgrades Project. The purpose of this project is to modernize the elevator, upgrade electrical, life safety systems, as well as repair the historic entrance canopies, repair/replace the front entrance granite steps, and replace the flat roof portion of the building. 1.2. CONTRACT PERIOD: The State anticipates the contract start date will be October 25, 2022 (see Section 5 Project Schedule for specific proposed dates). 1.3. SINGLE POINT OF CONTACT: All communications concerning this RFP are to be addressed in writing to the State Contact listed on the front page of this RFP. Actual or attempted contact with any other individual from the State concerning this RFP is strictly prohibited and may result in disqualification. 1.4. BIDDERS CONFERENCE: A non-mandatory bidders conference will be held on the date and time indicated on the front page of this RFP. 1.5. QUESTION AND ANSWER PERIOD: Any vendor requiring clarification of any section of this RFP or wishing to comment or take exception to any requirements of the RFP must submit specific questions in writing no later than the deadline for questions indicated on the first page of this RFP. Questions may be e-mailed to the point of contact on the front page of this RFP. Any comments, questions, or exceptions not raised in writing on or before the last day of the question period are waived. At the close of the question period, a copy of all questions or comments and the State's responses will be posted on the States web site http://www.bgs.state.vt.us/pca/bids/bids.php. Every effort will be made to post this information as soon as possible after the question period ends, contingent on the number and complexity of the questions. 1.6. CHANGES TO THIS RFP: Any modifications to this RFP will be made in writing by the State through the issuance of an Addendum to this RFP and posted online at http://www.bgs.state.vt.us/pca/bids/bids.php . Verbal instructions or written instructions from any other source are not to be considered. 1.7. BIDDERS ATTENTION IS DIRECTED TO: 1.7.1. Please be advised that all notifications, releases, and addendums associated with this RFP will be posted at the website noted on the front page of this RFP. The State will make no attempt to contact contractors with updated information. It is the responsibility of each contractor to periodically check the posting site for any and all notifications, releases and addendums associated with the RFP. 1.7.2. FUNDING SOURCE: This project is being funded using Vermont Capital Construction Act funds, in whole or in part, through the States capital construction act(s) and shall require compliance with the Vermont Prevailing Wage Rate requirements. A complete list of occupations and associated wage rates are available on the internet at: http://www.vtlmi.info/lmipub.htm#pw . 1.7.3. BONDING: Full bonding is required for this Project. Exception: The bid bond is not required. 1.7.4. It is the Bidders responsibility to thoroughly read and comply with all instructions and requirements of this bid solicitation. Your attention is directed to the special instructions regarding the bid proposal submissions. Please follow the Instructions to Bidders carefully. 2. DETAILED REQUIREMENTS/DESIRED OUTCOMES: 2.1 The CM will join the project at the end of the Construction Document phase. The CM will be required to participate in the design process in order to enhance constructability and design quality, reduce amount of change orders, control costs and reduce the length of the overall construction period. The CM shall work with the design team to accelerate the completion of the elevator bid package, complete the submittal process, and pre-order the long lead items needed for the elevator modification. 3 PROJECT DESCRIPTION: 3.1 The project consists of 6 major components: Elevator modernization, electrical system upgrade, life safety system upgrade, repair of the historic entrance canopies, front entrance granite step replacement/repair, and the flat roof replacement. The following shall be included in the Construction Management firms scope of work. http://www.bgs.state.vt.us/pca/bids/bids.php http://www.bgs.state.vt.us/pca/bids/bids.php http://www.vtlmi.info/lmipub.htm#pw CONSTRUCTION MANAGEMENT SERVICES ORLEANS DISTRICT COURTHOUSE 3.1.1 The elevator is outdated and repair parts are no longer available which results in the elevator being out of service for long periods of time. Recent violations due to the elevators age have been noted by State inspectors. Bay State Elevator provided the state with an elevator modernization proposal package in 2019. The proposal will be updated and used to bid out the elevator modifications. The elevator modernization includes, but is not limited to, these major components: 3.1.1.1 Remove the existing traction elevator controller and motor. 3.1.1.2 Remove existing 100A, 3P fusible disconnect. 3.1.1.3 Remove existing telephone cabling between controller and telephone block. Install a new MCE 4000 AC Controller and associated options, Hollister Whitney machine, 12 governor, car door and equipment, car fixtures, hall fixtures hoistway, pit stop switch and 16 pit ladder. See specifications for exact modifications. 3.1.1.4 Ensure the elevator passes DFS inspection to obtain substantial completion. 3.1.2 The buildings main panelboard is outdated and very few spare breakers are available. Replace the main panelboard with a 42 space, 208Y/120V 3 phase, 4W, 400 A MLO. Temporary power may be required. 3.1.3 The fire alarm system is out of date and replacement parts are difficult to find. Upgrade the entire fire alarm system and include elevator recall. Maintain the existing fire alarm system until the new system is fully operational. 3.1.4 The entrance canopies on the North and East sides of the building need repairs. Demo the existing roofing system above the rafter and panel system. Replace 2 rafters and two panels per canopy. Install a complete metal batten roof system including all flashing, sealant, and underlayment. 3.1.4.1 Provide an add alternate price for adding heat tape to the gutter and down spouts at both canopies. 3.1.4.2 Provide an add alternate to provide electrified bird deterrent system at both canopies. 3.1.5 Replace step 3 and 6 from the front entrance granite stairs. Provide 6-inch crushed stone under new steps. Replace all masonry joints at steps and pediments with soft joints. Provide general masonry cleaning. 3.1.6 The membrane roof on the west addition is at end of life and leaks during the winter when snow and ice buildup around the roof drains. Replace the existing roof membrane and associated flashings, sealants, and coping parapet. Install additional counter flashing at metal cornice. 3.1.6.1 Provide an add alternate price for adding heat tape around the two roof drains. 3.1.7 Refer to the plans and specifications for the complete scope of work. 3.1.8 The anticipated project schedule is noted in Section 5 below. 4. PROJECT BUDGET: The estimated construction cost estimate for the CM, which includes all pre-construction and construction services, costs and fees, General Conditions, Cost of Work, and project contingencies, is $1,200,000. 5. PROJECT SCHEDULE: The preliminary Project Schedule has the following proposed dates. The project is anticipated to begin as soon as this Contract is awarded with a Preconstruction start date of approximately September 15, 2022, and a Substantial Completion date on or before October 31, 2023. Final project schedule, sequences and milestones will be determined by the State Project Manager, Architect, and the Construction Manager. Preconstruction Start October 25, 2022 Construction Start May 6, 2023 Substantial Completion October 31, 2023 Project Completion November 30, 2023 Contract Completion October 31, 2024 CONSTRUCTION MANAGEMENT SERVICES ORLEANS DISTRICT COURTHOUSE 5.1 All construction, demobilization, final performance testing, Operations and Maintenance Manuals, and Substantial Completion related to the scope of work performed by the CM must be completed by October 31, 2023; however, the Project Completion date is set for November 30, 2023, to allow for final payments, and other administrative purposes. 6. PROPOSAL REQUIREMENTS: 6.1 PRE-CONSTRUCTION SERVICES: The pre-construction services shall include the services noted in the State of Vermont Standard Contract for Construction Management Services (see Section 10 Attachments, Item #10.1) with the following additions, clarifications, modifications, and requirements. 6.1.1 For constructability review, the CM will be required, through meetings, phone conferences, etc., to review the project design, develop a schedule, and advise on construction costs and schedule implications. 6.1.2 The CM shall provide budget estimates for the project based on the completed Construction Documents and on the As-Built drawings. The budget estimates are to include all costs associated with the project: CM fees, General Conditions, Cost of the Work, fit up costs, and construction contingency, and shall include descriptions of any assumptions, clarifications, budgets or allowances used in the preparation of the budget estimates. The budget estimates will serve as the basis for evaluating the States budget for construction and for determining the necessity of incorporating cost saving measures 6.1.3 The CM shall provide constructability reviews along with the budget estimates and will be required to submit a tracking list to assemble all review comments in one document and to allow for the corresponding response to each item. Any cost values associated to a comment should also be assigned to that comment. Comments are to include a thorough review of all MEP systems by qualified specialists. The final constructability review shall also include verification that the documents are complete and coordinated among disciplines. 6.1.4 Provide cost saving suggestions and value engineering throughout the Pre-Construction phase. 6.1.5 An overall site logistics plan is to be developed in close coordination with BGS. This plan is to be updated throughout the project as site conditions dictate and should address, at minimum: Site safety, schedule management, State operational needs and limitations. 6.1.6 The CM will follow the procedures for receiving and evaluating proposals, which are acceptable to the State. If, with the approval of the State, the CM elects to self-perform a portion of the work, they must submit their own bid 24 hours prior to receiving a competitors bid. Any work performed by the CM will include the required supervision (foreman, etc.), separate from the proposed CM supervision. If bids are not available in time to complete the GMP, then allowances may be used in the GMP if clearly identified. A schedule of rates for all CM staff shall be submitted with the proposal and approved by the State. 6.1.7 The CM will submit a GMP for construction for the entire project prior to the commencement of construction. Subsequent to the CMs submittal of the GMP, the CM will work with the State and the design team on value engineering, cost saving measures, alternative pricing, etc., as required by the State to bring the guaranteed maximum price within the States budget. 6.1.8 The CM will be required to receive a minimum of three (3) bids on all trade contracts and major supply items greater than $15,000 when establishing the GMP. 6.1.9 Providing the State and the CM can establish a GMP, which is acceptable to both parties, the State and the CM will amend the State CM Agreement Form between the State and Construction Manager. The Fixed Fee for General Conditions and the Fixed Fee for Construction Services shall be incorporated into the final agreement for construction. 6.2 GENERAL CONDITIONS: Based on the proposed schedule and the available design information, provide a lump sum fee for all general conditions on the enclosed Project Cost Matrix, including the following: 6.2.1 Full-time and part-time supervision, including job superintendents, and project managers. 6.2.2 All job site and home office recordkeeping and clerical functions, including all required payroll functions and reporting. 6.2.3 Job site office trailer suitable for the CMs site office, including space for job meetings, the Clerk-of- the-Works, and space for use by the Independent Commissioning Agents field staff. 6.2.4 Job site sanitary facilities as required for construction. 6.2.5 Job Site Power. CM will be responsible for temporary power hookups as well as costs for power during construction of the project. 6.2.6 Administration and execution of all safety programs and safety personnel required by the CMs operations and as required to comply with all applicable safety regulations. CONSTRUCTION MANAGEMENT SERVICES ORLEANS DISTRICT COURTHOUSE 6.2.7 Maintaining and completing As-Built drawings, record documents and approved submittals. 6.2.8 Lockable barriers at all access roads, halls, doors, walkways, etc., to prevent unauthorized vehicular, public, and staff traffic in construction areas. 6.2.9 Storage trailers as required for the CMs work. 6.2.10 Job site security consisting of reasonable care and diligence in preventing unauthorized activities on the job site, and the safety and well-being of staff, State employees and the general public at all times. 6.2.11 Layout for Line and Grade. CM will be responsible for providing adequate horizontal and vertical controls. 6.2.12 Labor and equipment to install and maintain temporary heat, including fuel costs, if and when required to maintain temperature requirements of the facility or for construction. 6.2.13 Coordinating and maintaining dumpster service for all trades. Tipping fees shall be paid by the CM as part of the cost of the work, not as a general condition. 6.2.14 Daily and final cleaning. 6.2.15 Employee transportation and employee overnight expenses. 6.2.16 General Material Handling, Labor and Equipment. Specific material handling equipment, such as cranes for setting structural steel and masons lifts, may be carried as a cost of the work with the applicable trades. 6.2.17 All required job support vehicles. 6.2.18 All costs associated with conducting weekly job meetings and the distribution of meeting minutes. 6.2.19 Creating and Revising the Construction Schedule. All schedules and schedule revisions are to be posted and distributed to State, Engineer, States Consultants and Architect, and all trade contractors and suppliers. 6.2.20 Assisting the State in scheduling and planning for move in and fit up. 6.2.21 Commissioning for All Systems, including Functional Verification at Startup. This process shall include attendance by required factory representatives, testing equipment at all required speeds, and the completion of necessary controls to allow safe and proper start-up of equipment, and Functional Performance Testing. After startup, this process is to confirm that the individual pieces work together. Tests shall be performed on any moving part including, but not limited to, all Mechanical/HVAC systems, Building Automation Systems and controls, electrical equipment, devices, lighting and controls, plumbing and piping systems, water transport and treatment systems, performance testing, verification, and documentation, Architectural elements including building envelope, doors and operating/moveable items, etc. See Commissioning Specifications and BGS Design Guidelines at http://bgs.vermont.gov/facilities/forms for more information. The CM shall be responsible for assisting with and coordination of all subcontractors with the Commissioning Agent for observations, inspections, documentation, verification, testing, and reporting. 6.2.22 Punch List and Training for All Systems. See Specifications and BGS Design Guidelines for more information at http://bgs.vermont.gov/facilities/forms. 6.2.23 All warranty work, including coordinating any and all warranty work required by subcontractors. 6.2.24 Warranty Inspection one month prior to expiration of one-year warranty. 6.3 CONSTRUCTION SERVICES FEE (Construction Managers Fee): The fee for the construction phase of the project shall be a lump sum fixed fee developed using the scope of work indicated herein, as well as the proposed project budget and schedule. For this purpose, the cost of construction will include all competitively bid portions of the work, plus the fixed fee for General Conditions established by this proposal. Construction services for Change Orders shall be included in the overhead and mark-up percentage, included in this proposal. The fee for the construction phase of the project shall include the following: 6.3.1 All direct contractor overhead not included in the general conditions. 6.3.2 All estimating. 6.3.3 All data processing costs. 6.3.4 All indirect contractor overhead costs. 6.3.5 All unidentified contractor overhead costs. 6.3.6 All contractor profit. 6.4 GENERAL INFORMATION AND REQUIREMENTS: 6.4.1 The form of agreement will be the STATE OF VT CM CONTRACT between the State and Construction Manager. http://bgs.vermont.gov/facilities/forms http://bgs.vermont.gov/facilities/forms CONSTRUCTION MANAGEMENT SERVICES ORLEANS DISTRICT COURTHOUSE 6.4.2 The General Conditions for the Contract will be the STATE OF VT GENERAL CONDITIONS DOCUMENT. 6.4.3 The State shall receive copies of all proposals, contracts, subcontracts and material price proposals for the proposed GMP and material price proposals for which the CM has estimated using their own forces. 6.4.4 All cost savings will be returned to the State and any unused portion of any contingency or allowance carried in the GMP will revert to the State once the project is complete. The GMP shall include assumptions and clarifications, agreed upon by the CM and State. 6.4.5 Labor rates used in establishing the cost of the work shall not include any payroll administrative costs, clerical costs, general administrative costs, or any costs other than the actual wages paid plus Workers Compensation insurance costs, unemployment insurance costs, payroll taxes, and employee benefits. 6.4.6 Vermont State Wage Rates documentation and reporting shall apply to this project. Proper wage documentation and reports shall be forwarded to the appropriate State Departments as required. 6.4.7 The cost of the work shall not include any supervisory costs or administrative labor cost. Any supervisory costs or administrative labor costs are to be included in the fixed fee for general conditions or the fee for the contractor CM services. 6.4.8 There shall be no reimbursable costs except costs specifically identified in this RFP. All reimbursable costs shall be at cost with no additional mark up. 6.4.9 The State and the CM will have separate contingencies. Use of the CMs contingency (in the GMP) will only be with the approval of the State and will include proposed scope, costs and reason for change, and shall be maintained in a log and reflected in a change order at the end of the project. At the end of the project, any remaining CM contingency will be returned to the State. Use of States contingency (not in the GMP) will be added via change order. 6.4.10 At any time during the pre-construction phase, the State may terminate the agreement with the CM without prejudice. In the event the State elects to terminate the agreement with the CM, the CM shall provide copies of all records, bids, estimates, quotations, and other pertinent material developed by the CM during the pre-construction phase. The State shall pay the CM for the portion of the pre-construction services performed up to the point of termination. Upon payment for the portion of the pre-construction services performed, the CM shall have no further claims or rights under the executed agreement. Materials provided by the CM, and paid for by the State, shall become the property of the State. 6.4.11 All invoices including, but not limited to, invoices for materials, labor, equipment rental, and trade contracts used in establishing the cost of the work shall reflect all discounts and rebates of which the CM was able to take advantage. In order to take advantage of quick payment discounts, the State may be willing to make accommodations to meet specific terms. The CM will keep the State appraised of potential discounts and savings. The CM will be allowed to keep savings attributed to quick pay discounts unless the State is able to provide payment in such circumstances in the required time frame. 6.4.12 The State shall be responsible for paying all fees associated with attaining the local and state permits required for the project. Trade permits shall be the responsibility of the CM or regulated trade. 6.4.13 Electronic Submittal Procedures will be used for the submittal process, RFIs, reports, drawings and pay applications throughout the project. This account shall be used through the design process and continue through closeout of the project. 6.4.14 SUBMITTAL EXCHANGE: Submittal Exchange (www.submitalexchange.com) shall be used to provide an on-line database and repository, which shall be used to transmit and track project- related documents. The intent for using this service is to expedite the construction process by reducing paperwork, improving information flow, and decreasing submittal review turnaround time. a. Project submittals (shop drawing, product data and quality assurance submittals) shall be transmitted by the Contractor in PDF to Submittal Exchange, where it will be tracked and stored for retrieval for review. After the submittal is reviewed it shall be uploaded back to Submittal Exchange for action and use by the Contractor and Directors Representatives. b. The service also tracks and stores documents related to the project such as Request for Information (RFIs), Architect's Supplemental Instructions (ASI), Information Bulletins (IBs), CAD Coordination, Commission, Construction Change Directive (CCD), Contractors Daily Reports, Minutes, Photos, Quality Control, Shop Drawings, Testing, Closeout Documents including As-Built Drawings, Operations and Maintenance Manuals and other project related documents. http://www.submitalexchange.com/ CONSTRUCTION MANAGEMENT SERVICES ORLEANS DISTRICT COURTHOUSE c. The electronic submittal process shall not be used for color samples, color charts, or physical material samples. Training and support during this project will be provided by Submittal Exchange at no additional cost to the selected contractor(s). 7. GENERAL REQUIREMENTS: 7.1 PRICING: Bidders must price the terms of this solicitation at their best pricing. Any and all costs that Bidder wishes the State to consider must be submitted for consideration. If applicable, all equipment pricing is to include F.O.B. delivery to the ordering facility. No request for extra delivery cost will be honored. All equipment shall be delivered assembled, serviced, and ready for immediate use, unless otherwise requested by the State. 7.1.1 Prices and/or rates shall remain firm for the initial term of the contract. The pricing policy submitted by Bidder must (i) be clearly structured, accountable, and auditable and (ii) cover the full spectrum of materials and/or services required. 7.1.2 Retainage. In the discretion of the State, a contract resulting from this RFP may provide that the State withhold a percentage of the total amount payable for some or all deliverables, such retainage to be payable upon satisfactory completion and State acceptance in accordance with the terms and conditions of the contract. 7.1.2.1 The State shall withhold 10% retainage for all construction related invoices. At Substantial Completion of the entire project, retainage may be further reduced as agreed upon by State, CM and Engineer. There shall be no retainage withheld on Pre-Construction services. 7.2 WORKER CLASSIFICATION COMPLIANCE REQUIREMENTS: In accordance with Section 32 of The Vermont Recovery and Reinvestment Act of 2009 (Act No. 54), Bidders must comply with the following provisions and requirements. 7.2.1 Self Reporting: For bid amounts exceeding $250,000.00, Bidder shall complete the appropriate section in the attached Certificate of Compliance for purposes of self-reporting information relating to past violations, convictions, suspensions, and any other information related to past performance relative to coding and classification of workers. The State is requiring information on any violations that occurred in the previous 12 months. 7.2.2 Subcontractor Reporting: For bid amounts exceeding $250,000.00, Bidders are hereby notified that upon award of contract, and prior to contract execution, the State shall be provided with a list of all proposed subcontractors and subcontractors subcontractors, together with the identity of those subcontractors workers compensation insurance providers, and additional required or requested information, as applicable, in accordance with Section 32 of The Vermont Recovery and Reinvestment Act of 2009 (Act No. 54). This requirement does not apply to subcontractors providing supplies only and no labor to the overall contract or project. This list MUST be updated and provided to the State as additional subcontractors are hired. A sample form is available online at http://bgs.vermont.gov/purchasing-contracting/forms . The subcontractor reporting form is not required to be submitted with the bid response. 7.3 METHOD OF AWARD: Awards will be made in the best interest of the State. All other considerations being equal, preference will be given first to resident bidders of the state and/or to products raised or manufactured in the state, and then to bidders who have practices that promote clean energy and address climate change, as identified in the applicable Certificate of Compliance. 7.3.1 Consideration shall be given to the information provided in the Bidders completed PRICE SCHEDULE and the best interest of the State. 7.3.2 The CM must structure their fees as outlined in the attached Project Cost Matrix. Any variation in how the CM structures their fees may result in a disqualified bid. Once a contract is awarded, changes in the way the fee is apportioned may be considered by the State. 7.3.3 Complete the attached Hourly Rate Schedule. http://bgs.vermont.gov/purchasing-contracting/forms CONSTRUCTION MANAGEMENT SERVICES ORLEANS DISTRICT COURTHOUSE PLEASE NOTE: The Project Cost Matrix must not be modified and shall be included with the Bid Proposal. Project Cost Matrix Construction Management Services Orleans District Courthouse, Newport Vermont Description (As applicable to project) General Conditions CM Fee Cost of Work Comments General Profit X Corporate Officer's Salary & Benefits X Home Office Rent X Home Office Autos & Travel X Home Office Overhead X Interest on Borrowed Capital X Payroll/Bookkeeping/Clerical X Project Management Project Executive X Project Manager X Assistant Project Manager X Project Engineer X Estimator X Scheduler X Superintendent X Assistant Superintendent X MEP Engineer/Manager X Field Engineers X Accounting X Safety Officer X Administrative Support X Purchasing X Travel X Lodging X Temporary Housing X Project Vehicles X Surveying X Shop Drawings X X By subcontractor, processed by CM As-Built Drawings X X By subcontractor, processed by CM O&M Manuals X X By subcontractor, processed by CM Mobilization/Demobilization X Safety Program X Mock-ups X CONSTRUCTION MANAGEMENT SERVICES ORLEANS DISTRICT COURTHOUSE Project Cost Matrix Construction Management Services Orleans District Courthouse, Newport Vermont Description (As applicable to project) General Conditions CM Fee Cost of Work Comments Insurance/Bonding/Taxes/Permits Builder's Risk Insurance X General Liability Insurance X Workers Compensation Insurance X X Includes Management & Hourly Workers Performance Bond X Payment Bond X Warranty Bond X Sales Tax (where applicable) X On rented equipment only Trade Permits X Temporary Services Temporary Plumbing X Temporary Power/Lighting X Temporary Heat & Cooling Equipment X Temporary Fire Protection X Temporary Fire Alarm X Temporary Parking Area X Dust & Noise Control X Safety Procedures X Temporary Heat Fuel X Electric Power Compensation X Winter Conditions X Tool Rental X Enclosures X Storage Trailers X Snow Removal X Construction Fencing X Staging Area/Access Roads X Equipment Rentals X Guardrail & Protection at Openings X Barriers X Watchman/Guard Services X Police Details X Lull X Lifts X Scaffolding X Project Cost Matrix CONSTRUCTION MANAGEMENT SERVICES ORLEANS DISTRICT COURTHOUSE Construction Management Services Orleans District Courthouse, Newport Vermont Description (As applicable to project) General Conditions CM Fee Cost of Work Comments Temporary Protection General Protection & Safety - Materials X Protect Finished Work X First Aid X Fire Extinguishers X Rubbish, Recycling & Clean-up Trash Chutes X Dumpsters & Tipping Fees X Recycling Containers X Street Cleaning X Storm Drain Cleaning X General Cleaning X Final Cleaning X Exterior Window Cleaning X Field Office Expenses Office Furniture & Computers X Office Equipment X Office Copier/Scanner/Facsimile X Supplies X Project Sign X Temporary Signage X Telephone (hard wired/cellular) X Postage, Messengers X High Speed Wired & Wireless Data X 2-Way Radios X Travel X Progress Photos X Miscellaneous General Expenses X Sanitary Facilities X Small Tools X Tools & Consumables X Office Trailer(s) (CM, Meetings & Subcontractors) X Punch List X X In General Conditions unless provided by subcontractor Demonstration & Training X X In General Conditions unless provided by subcontractor CONSTRUCTION MANAGEMENT SERVICES ORLEANS DISTRICT COURTHOUSE 7.4 STATEMENT OF RIGHTS: The State of Vermont reserves the right to obtain clarification or additional information necessary to properly evaluate a proposal. Vendors may be asked to give a verbal presentation of their proposal after submission. Failure of vendor to respond to a request for additional information or clarification could result in rejection of that vendor's proposal. To secure a project that is deemed to be in the best interest of the State, the State reserves the right to accept or reject any and all bids, in whole or in part, with or without cause, and to waive technicalities in submissions. The State also reserves the right to make purchases outside of the awarded contracts where it is deemed in the best interest of the State. 7.5 CONTRACT TERMS: The selected bidder(s) will be expected to sign a contract with the State, including the Standard Contract Form and Attachment C as attached to this RFP for reference. The contract will obligate the bidder to provide the services and/or products identified in its bid, at the prices listed. 7.5.1 Business Registration: To be awarded a contract by the State of Vermont a vendor (except an individual doing business in his/her own name) must be registered with the Vermont Secretary of States office http://www.sec.state.vt.us/tutor/dobiz/forms/fcregist.htm and must obtain a Contractors Business Account Number issued by the Vermont Department of Taxes http://tax.vermont.gov/ . 7.5.2 The contract will obligate the bidder to provide the services and/or products identified in its bid, at the prices listed. 7.5.3 Payment Terms: All invoices are to be rendered by the Contractor on the vendor's standard billhead and forwarded directly to the institution or agency ordering materials or services and shall specify the address to which payments will be sent. Payment terms are Net 30 days from receipt of an error-free invoice with all applicable supporting documentation. Percentage discounts may be offered for prompt payments of invoices; however, such discounts must be in effect for a period of 30 days or more in order to be considered in making awards. 7.5.4 Quality: If applicable, all products provided under a contract with the State will be new and unused, unless otherwise stated. Factory seconds or remanufactured products will not be accepted unless specifically requested by the purchasing agency. All products provided by the contractor must meet all federal, state, and local standards for quality and safety requirements. Products not meeting these standards will be deemed unacceptable and returned to the contractor for credit at no charge to the State. 8. CONTENT AND FORMAT OF RESPONSES: The content and format requirements listed below are the minimum requirements for State evaluation. These requirements are not intended to limit the content of a Bidders proposal. Bidders may include additional information or offer alternative solutions for the States consideration. However, the State discourages overly lengthy and costly proposals, and Bidders are advised to include only such information in their response as may be relevant to the requirements of this RFP. 8.1 COVER LETTER: 8.1.1 Confidentiality. To the extent your bid contains information you consider to be proprietary and confidential, you must comply with the following requirements concerning the contents of your cover letter and the submission of a redacted copy of your bid (or affected portions thereof). 8.1.2 All responses to this RFP will become part of the contract file and will become a matter of public record under the States Public Records Act 1 V.S.A. 315 et seq. (the Public Records Act). If your response must include material that you consider to be proprietary and confidential under the Public Records Act, your cover letter must clearly identify each page or section of your response that you consider proprietary and confidential. Your cover letter must also include a written explanation for each marked section explaining why such material should be considered exempt from public disclosure in the event of a public records request, pursuant to 1 V.S.A. 317(c), including the prospective harm to the competitive position of the bidder if the identified material were to be released. Additionally, you must include a redacted copy of your response for portions that are considered proprietary and confidential. Redactions must be limited so that the reviewer may understand the nature of the information being withheld. It is typically inappropriate to redact entire pages, or to redact the titles/captions of tables and figures. Under no circumstances may http://www.sec.state.vt.us/tutor/dobiz/forms/fcregist.htm http://tax.vermont.gov/ CONSTRUCTION MANAGEMENT SERVICES ORLEANS DISTRICT COURTHOUSE your entire response be marked confidential, and the State reserves the right to disqualify responses so marked. 8.1.3 Exceptions to Contract Terms and Conditions. If a Bidder wishes to propose an exception to any terms and conditions set forth in the Standard Contract Form and its attachments, such exceptions must be included in the cover letter to the RFP response. Failure to note exceptions when responding to the RFP will be deemed to be acceptance of the State terms and conditions. If exceptions are not noted in the response to this RFP but raised during contract negotiations, the State reserves the right to cancel the negotiation if deemed to be in the best interests of the State. Note that exceptions to contract terms may cause rejection of the proposal. 8.2 REPORTING REQUIREMENTS: Provide a sample of any reporting documentation that may be applicable to the Detailed Requirements of this RFP. 8.3 PRICING: Bidders shall submit their pricing information in the Bid Proposal attached to the RFP. Bidders may be required to submit pricing information separate from their bid package, if specifically required above. 8.4 CERTIFICATE OF COMPLIANCE: This form must be completed and submitted as part of the response for the proposal to be considered valid. 9. SUBMISSION INSTRUCTIONS: 9.1 CLOSING DATE: Bids must be received by the State by the due date specified on the front page of this RFP. Late bids will not be considered. 9.1.1 The State may, for cause, issue an addendum to change the date and/or time when bids are due. If a change is made, the State will inform all bidders by posting at the webpage indicated on the front page of this RFP. 9.1.2 There will not be a public bid opening. However, the State will record the name, city, and state for any and all bids received by the due date. This information will be posted as promptly as possible following the due date online at: https://bgs.vermont.gov/content/opc-bid-tabulation-sheets-0 9.2 BID DELIVERY INSTRUCTIONS: 9.2.1 ELECTRONIC: Electronic bids will be accepted. 9.2.1.1 E-MAIL BIDS: Emailed bids will be accepted. Bids will be accepted via email submission to SOV.VTBids@vermont.gov. Bids must consist of a single email with a single, digitally searchable PDF attachment containing all components of the bid. Multiple emails and/or multiple attachments will not be accepted. There is an attachment size limit of 40 MB. It is the Bidders responsibility to compress the PDF file containing its bid if necessary in order to meet this size limitation. 9.2.1.2 FAXED BIDS: Faxed bids will not be accepted. 9.3.2 U.S. MAIL OR EXPRESS DELIVERY OR HAND DELIVERY: Paper format bids will not be accepted. 10. BID SUBMISSION CHECKLIST: Cover Letter Signed Bid Proposal Project Cost Matrix Signed Bid Bonding Form Signed Certificate as to Corporate Principal Signed Certificate of Compliance https://bgs.vermont.gov/content/opc-bid-tabulation-sheets-0 mailto:SOV.VTBids@vermont.gov CONSTRUCTION MANAGEMENT SERVICES ORLEANS DISTRICT COURTHOUSE 11. ATTACHMENTS: 11.1 SAMPLE Standard Contract Form for Construction Management Services (December 12, 2018) Attachment A1: Scope of Work Overview Attachment A2: State Standard Construction Management Form Attachment B: Payment Provisions Attachment E: Guaranteed Maximum Price Agreement 11.2 Attachment C: Standard State Contract Provisions (December 15, 2017) 11.3 Certificate of Compliance 11.4 Bid Proposal Form 11.5 Instructions to Bidders Full Bond (Except a bid bond is not required) 11.6 Instructions & Bond Forms (Performance, Payment and Guaranty) 11.7 Certificate as to Corporate Principal 11.8 Vermont Prevailing Wage Rate Notice 11.9 General Conditions 11.10 Construction Drawings and Specifications Revision Date: 12/12/2018 BGS CONTRACT FORM FOR CONSTRUCTION MANAGEMENT SERVICES 1. Parties. This is a contract for services between the State of Vermont, _____________ (hereinafter called State), and _____________, with a principal place of business in _____________, (hereinafter called Contractor). Contractors form of business organization is _____________ (incorporated, limited liability company, sole proprietor, etc.). It is the contractors responsibility to determine if, by law, the contractor is required to be registered with the Vermont Department of Taxes for the purposes of filing required Vermont taxes. 2. Subject Matter. The subject matter of this contract is services generally on the subject of construction services. Services to be provided by the contractor are described in Attachment A. 3. Maximum Amount. In consideration of the services to be performed by Contractor, the State agrees to pay Contractor, in accordance with the payment provisions specified in Attachment B, a sum not to exceed $XXX. MAXIMUM AMOUNT: $XXX.00. The initial contract value will be written to include the Pre- Construction services ($XXX.00), Fee for Construction Services ($XXX.00), the Fee for General Conditions ($XXX.00) and the anticipated Phase I Cost of Work ($XXX.00) which includes any allowances or reimbursables included in this contract. The final contract value will be determined and adjusted after the establishment of a Guaranteed Maximum Price (GMP), inclusive of the estimated construction cost of Phase II and in accordance with the terms of the contract. 4. Contract Term. The period of contractors performance shall begin on XXX, and end on XXX with a substantial work completion date of XXX. 5. Prior Approvals. This Contract shall not be binding unless and until all requisite prior approvals have been obtained in accordance with current State law, bulletins, and interpretations. 6. Amendment. No changes, modifications, or amendments in the terms and conditions of this contract shall be effective unless reduced to writing, numbered and signed by the duly authorized representative of the State and Contractor. 7. Cancellation. Cancellation of this contract shall be done in a manner consistent with applicable conditions of Article 14 of Attachment D. 8. Attachments. This contract consists of XXX pages including the following attachments which are incorporated herein: ATTACHMENT A-1: Scope of Work Overview ATTACHMENT A-2: State Standard Construction Management Form ATTACHMENT B: Payment Provisions ATTACHMENT C: Standard State Provisions for Contracts and Grants, a preprinted form (revision dated 12/15/2017), except that the following numbered paragraphs are hereby deleted in their entirety: 8. Insurance ATTACHMENT D: General Conditions for Construction Contracts ATTACHMENT E: GUARANTEED MAXIMUM PRICE AMENDMENT FORM ATTACHMENT F: IF THERE ARE TECHNICAL SPECIFICATIONS LIST HERE ETC. Addendum No. 1 dated XXX SA MP LE Revision Date: 12/12/2018 Addendum No. 2 dated XXX ETC. ATTACHMENT G: PLANS, ETC. You will need to list the various plans from the INDEX ETC. ETC. ATTACHMENT H: Supplementary General Conditions REMOVE IF NOT APPLICAPLE 9. Order of Precedence. Any ambiguity, conflict or inconsistency in the Contract Documents shall be resolved according to the following order of precedence: (1) Standard Contract (2) Attachment C (Standard Contract Provisions for Contracts and Grants) (3) Attachment D General Terms and Conditions for Construction Contracts (4) Attachment F (5) Attachment G (6) Attachment H (7) Attachment A-1 (8) Attachment A-2 (10) Attachment E (11) Attachment B 10. Plan Security Certification. Contractor acknowledges that the plans pertaining to this project have been declared exempt from public record inspection for security reasons and have been disclosed to Contractor as per 1 V.S.A. 317(c)(32) for the performance of the Work specified herein. Contractor hereby expressly acknowledges and agrees to disclose plans only to a licensed architect, engineer, or Contractor who is bidding to work on, or actually performing work on, buildings, facilities, infrastructures, systems, or other structures owned, operated, or leased by the state and specifically related to this project. Furthermore, Contractor agrees to abide by BGS Administrative Policy # 35 and any existing or future directives set forth by the State concerning the copying or distribution of the plans. Fraud, misrepresentation, falsification, or concealing or covering up material facts relating to compliance with these directives may result in one or more of the following actions: termination of the contract(s), suspension of bidding privileges, withholding, deducts, forfeiture of security bonds, and criminal prosecution punishable by imprisonment of up to five years and/or up to a $10,000 fine as per 13 V.S.A. 3016. 11. Laws. Contractor shall comply with all public laws, ordinances, and requirements respecting the work, obtain and pay for all required permits and comply with regulations of any insurance company which issues a policy on any part of the work or site. The Contractor agrees to comply with all of the requirements of Title 21 V.S.A., Chapter 5, Subchapter 6 relating to fair employment practices, to the extent applicable, and agrees further to include a similar provision in any and all subcontracts. Contractor shall acquaint himself with limits of the property or right-of-way of the State and shall not trespass on other property. All work shall be done in such a manner as not to interfere with the State's operating functions. Contractor and his employees shall familiarize themselves and comply with all posted rules. 12. Non-Collusion. The State of Vermont is conscious of and concerned about collusion. It should SA MP LE Revision Date: 12/12/2018 therefore be understood by all that in signing bid and contract documents they agree that the prices quoted have been arrived at without collusion and that no prior information concerning these prices has been received from or given to a competitive company. If there is sufficient evidence to warrant investigation of the bid/contract process by the Office of the Attorney General, all bidders should understand that this paragraph might be used as a basis for litigation. We reserve the right to cancel the contract if we suspect collusion. 13. Assignment. Contractor shall not have the right to transfer, or assign this Contract or any part thereof, without the prior written consent of the State and such consent shall not relieve the Contractor of any liability or responsibility hereunder. The failure of the State to assert any of its rights hereunder shall not be construed as a waiver thereof. 14. Employment of Women and Minorities. The State of Vermont encourages an increase in work force participation rates for women and minorities in all aspects of publicly funded capital construction projects. The contractor is encouraged to seek out and employ qualified women and minorities for work covered under this contract. The following provisions and requirements shall apply when the total contract exceeds $50,000, and the general contractor shall require all first- tier subcontractors to comply with these requirements when their contract exceeds $50,000. a. At the conclusion of the project, the affected contractors must complete the Construction Employment Report and submit it to the Department of Buildings and General Services for recording. A complete description and dollar value of the work or supplies provided, and percentage value of the overall construction contract for each such M/WBE transaction must be included. Final payment will not be made until this requirement has been satisfied. 15. Minority and Women Business Enterprises (M/WBE). It is the policy of the State of Vermont that M/WBE's shall have the maximum opportunity to participate in the performance of contracts financed with state funds. All Bidders are encouraged to contact M/WBE's in an effort to recruit them to submit proposals for the work or portions thereof. The contractor shall not discriminate on the basis of race, color, national origin or sexual orientation in the award and performance of subcontracts. The Department of Buildings and General Services shall, in accordance with Executive Order #15-91, and for publicly funded capital construction projects exceeding $50,000.00, comply with the following provisions and requirements. Upon receipt of letter of intent to award contract, the successful bidder shall submit an M/WBE Reporting Form along with certificates of insurance and other pre-contract information. The form includes space to report the name, address and phone number of the M/WBE's contacted, the trade, if their price was included in the bid proposal, and if not, the reason for rejection of their bid. The contract will not be executed until the M/WBE Form is received. Failure to contact M/WBE's on or when projects require sub-contract work may constitute non-compliance and may result in forfeiture of future bidding privileges until resolved. 16. AS OF JULY 1, 2016, Vermont Prevailing Wage Rate Requirements. Vermont law requires this project comply with the prevailing wage rate requirements set forth in 29 V.S.A. 161(2)(b)(c)(d). The full text of 29 V.S.A. 161 (2)(b)(c)(d) is as follows: (b) Each contract awarded under this section [29 V.S.A. 161 (2)(b)] for any State project with a construction cost exceeding $ 100,000.00 and which is authorized or funded in whole or in part by a capital construction act pursuant to 32 V.S.A. 701a shall provide that all construction employees working on the project shall be paid no less than the mean prevailing wage published periodically by the Vermont Department of Labor in its occupational employment and wage survey plus an additional fringe benefit of 42 and one-half percent of wage, as calculated by the SA MP LE Revision Date: 12/12/2018 current Vermont prevailing wage survey. As used in this section, fringe benefit means benefits, including paid vacations and holidays, sick leave, employer contributions and reimbursements to health insurance and retirement benefits, and similar benefits that are incidents of employment. (c) In the construction of any State project, local capable labor shall be utilized whenever practicable, but this section shall not be construed to compel any person to discharge or lay off any regular employee. (d) Subsections (a) through (c) of this section shall not apply to maintenance or construction projects carried out by the Agency of Transportation and by the Department of Forests, Parks and Recreation. Important Note: Certain contracts will remain subject to the mean prevailing wage rate WITHOUT THE ADDITIONAL FRINGE BENEFIT indicated in 29 V.S.A. 161(b), above ANY CONTRACT THAT FALLS INTO ONE OF THE CATEGORIES BELOW, SHALL REMAIN SUBJECT TO THE MEAN PREVAILING WAGE REQUIREMENTS IN EFFECT PRIOR TO JULY 1, 2016: (a) Any contract for a State construction project that is executed prior to July 1, 2016. (b) Any change order or amendment, even if that change order or amendment was executed after July 1, 2016, if that change order or amendment modifies an existing contract for a state construction project when the original existing contract was executed prior to July 1, 2016. The Vermont Prevailing Wage Requirement in effect prior to July 1, 2016 is described below: (b) Each contract awarded under this section [29 V.S.A. 161] for any State project with a construction cost exceeding $ 100,000.00 and which is authorized or funded in whole or in part by a capital construction act pursuant to 32 V.S.A. 701a shall provide that all construction employees working on the project shall be paid no less than the mean prevailing wage published periodically by the Vermont Department of Labor in its occupational employment and wage survey. General requirements for all State construction projects: The general contractor, and all subcontractors to the general contractor on the site, shall: (a) Pay wages at or above the Vermont Prevailing Wage and Fringe Benefit Rate determined by the Vermont Department of Labor. A list of frequent/common occupations and required wage rates are available at: http://www.vtlmi.info/lmipub.htm#pw . (b) The Vermont Prevailing Wage and Fringe Benefit Rates provided shall be posted in a prominent location or locations where they may be viewed by all employees affected by these provisions. (c) The Vermont Department of Labor Point of Contact information, and telephone shall be affixed to the Vermont Prevailing Wage and Fringe Benefit Rate Notice posted at the site for purposes of inquiries from employees and for reporting complaints regarding these provisions. SA MP LE http://www.vtlmi.info/lmipub.htm#pw Revision Date: 12/12/2018 The complete text of 29 V.S.A. 161 is available at: http://legislature.vermont.gov/statutes/section/29/005/00161 17. Worker Classification. State Contracts Compliance Requirements: The Department of Buildings and General Services in accordance with Act 54, Section 32 of the Acts of 2009 and for total projects costs exceeding $250,000.00 requires bidders comply with the following provisions and requirements. ((a) (3) For construction and transportation projects over $250,000.00, a payroll process by which during every pay period the contractor collects from the subcontractors or independent contractors a list of all workers who were on the jobsite during the pay period, the work performed by those workers on the jobsite, and a daily census of the jobsite. This information, including confirmation that contractors, subcontractors, and independent contractors have the appropriate workers compensation coverage for all workers at the jobsite, and similar information for the subcontractors regarding their subcontractors shall also be provided to the department of labor and to the department of banking, insurance, securities, and health care administration, upon request, and shall be available to the public. 18. Debarment by the Department of Labor (DOL) or the Department of Financial Regulation. The State of Vermont reserves the right to terminate this contract with fifteen (15) day notice to contractor, upon determination that the contractor or a subcontractor to the contractor has been debarred by the Department of Labor (DOL) or the Department of Financial Regulation. Additionally, the State of Vermont reserves the right to withhold payment and / or terminate this contract if contractor fails to provide payroll records requested by the DOL and the Department of Financial Regulation within thirty (30) days of receipt of the request from DOL or the Department of Financial Regulation. 19. Miscellaneous. Paragraph headings are inserted for convenience only and are not to be relied upon for content. The Contractor is required to ensure that any and all agreements with subcontractors conform to the requirements contained herein and that subcontractors abide by all applicable provisions of this contract including, but not limited to, the requirement that Contractor has complied with and shall continue to comply with all requirements with respect to qualification to do business in Vermont and registration with the office of the Secretary of State. In the event that all or a portion of the project is to be subject to a subcontract, it shall be the responsibility of the Contractor to determine that the subcontractor has complied with the above requirements of registration and qualification as well as all other applicable provisions of this contract. 20. Waste Reduction Planning. It is the intent of the State of Vermont to significantly reduce the amount of construction debris going into the total waste stream. Contractor is required to prepare and submit a Construction Site Waste Reduction Plan prior to contract execution. A sample plan is available at: http://www.anr.state.vt.us/dec/wastediv/recycling/CandD.htm. Failure to comply with this provision or a failure to comply with the plan itself will result in withholding of general conditions money from the contractors monthly requisition until Contractor has rectified the situation and is in full compliance with these provisions. MASTER COPY DISTRIBUTED: ________________ Contractor, Accounting, PM, DEPT ID: FUND SOURCE: PROJECT #: BUILDING #: SA MP LE http://legislature.vermont.gov/statutes/section/29/005/00161 http://www.anr.state.vt.us/dec/wastediv/recycling/CandD.htm Revision Date: 12/12/2018 ATTACHMENT A-1: SCOPE OF WORK OVERVIEW Contractor shall provide all labor, materials and equipment necessary to satisfactorily complete the construction of the XXX Project located at XXX in XXX, Vermont. Construction shall be in accordance with the construction documents (drawings and specifications) prepared by the Department of Buildings and General Services OR XXX Consultants dated XXX and in accordance with the work described in Attachments D, E, F, G, and Attachment H, I. The following represents a summary description of the Project. DESCRIPTION OF WORK: A. The work consists of, but not limited to, the construction of XXXX. Including, but not limited to, the following major components: 1. XXX 2. ETC. B. ETC. WORK UNDER ANOTHER CONTRACT: REMOVE IF NOT APPLICABLE A. State shall award separate contract for the following work. Work under this contract shall include: 1. XXX B. General: Contractor shall cooperate fully with separate contractors so work on those contracts may be carried out smoothly, without interfering with or delaying work under this Contract. Contractor shall coordinate the Work of this Contract with work performed under separate contracts. PRE-ORDER PRODUCTS (PURCHASE BY CONTRACTOR(S)): REMOVE IF NOT APPLICABLE A. None ordered at this time; however State may place orders with suppliers for specific products, to expedite delivery and for other purposes in State's interests. B. A copy of each purchase order shall be required to be bound at the back of each referenced Section as an attachment for information to Supplier. C. On execution of State Contractor Agreement, Contractor shall execute purchase agreement with designated supplier, in accordance with terms stated in State's purchase order to supplier. D. Contractor responsibility for purchase, handling and installation of pre-ordered products is the same as for other Contractor furnished products. SA MP LE Revision Date: 12/12/2018 ATTACHMENT A-2: STATE STANDARD CONSTRUCTION MANAGEMENT FORM ARTICLE 1 GENERAL PROVISIONS 1.1 STATEMENT OF EXPECTATIONS The Construction Manager accepts the relationship of trust and confidence established with the State by this Agreement, and covenants with the State to furnish the Construction Manager's reasonable skill and judgment and to cooperate with the Architect in furthering the interests of the State. The Construction Manager, hereinafter referred to as the Contractor, shall furnish preconstruction, construction, and post-construction administration and management services, and use the Contractor's best efforts to perform the Project in an expeditious and economical manner consistent with the best interests of the State. Both parties understand and agree that cooperation with the Architect is vital to the successful completion of the project. 1.2 GENERAL CONDITIONS This contract includes the State of Vermont General Conditions for Construction which is incorporated herein by reference. The General Conditions of the contract apply to all phases of construction unless otherwise specifically excepted in this Agreement. The term "Contractor", as used in the General Conditions, shall mean the Construction Manager. ARTICLE 2 CONTRACTOR'S RESPONSIBILITIES The Contractor shall perform the services described in this Article. The services to be provided under Sections 2.1 and 2.2 of this Article constitute the Preconstruction Phase services. If the State after consultation with the Architect, and Contractor agree, the Construction Phase may commence before the Preconstruction Phase is completed, in which case both phases shall proceed concurrently. 2.1 PRECONSTRUCTION PHASE 2.1.1 PRELIMINARY EVALUATION The Contractor shall provide a preliminary evaluation of the State's program and Project budget requirements, each in terms of the other. 2.1.2 CONSULTATION The Contractor, after consultation with the State and the Architect, shall schedule and attend regular meetings with the State and Architect. The Contractor shall consult with the State and SA MP LE Revision Date: 12/12/2018 Architect regarding site use and improvements, and the selection of materials, building systems and equipment. The Contractor shall provide recommendations on construction feasibility; actions designed to minimize adverse effects of labor or material shortages; time requirements for procurement, installation and construction completion; and factors related to construction cost, including estimates of alternative designs or materials, preliminary budgets and possible economies. 2.1.3 PROJECT SCHEDULES When Project requirements described in Section 3.1.1 have been sufficiently identified, the Contractor shall prepare, and periodically update, a Project schedule for the Architect's review and the State's approval. The Contractor must obtain the Architect's approval of the portion of the Project schedule relating to the performance of the Architect's services prior to submitting the project schedule to the State for State approval. The Contractor shall coordinate and integrate the Project schedule with the services and activities of the State, Architect and Contractor. As design proceeds, the Project schedule shall be updated to indicate proposed activity sequences and durations, milestone dates for receipt and approval of pertinent information, submittal of a Guaranteed Maximum Price proposal, preparation and processing of shop drawings and samples, delivery of material or equipment requiring long-lead time procurement, the State's occupancy requirements showing portions of the Project having occupancy priority, and proposed date of Substantial Completion. If Project schedule updates indicate that previously approved schedules may not be met, the Contractor shall notify the State and Architect that the previously approved schedule will not be met and the Contractor will make appropriate recommendations to the State and Architect, which shall include the information contained in this Section (2.1.3) and, in addition, include recommendations on how to meet the previously approved schedule; possible measures to avoid future delays; and a revised schedule. 2.1.4 PHASED CONSTRUCTION The Contractor shall make recommendations to the State and Architect regarding the phased issuance of Drawings and Specifications to facilitate phased construction of the Work taking into consideration such factors as economies, time of performance, availability of labor and materials, and provisions for temporary facilities. 2.1.5 PRELIMINARY COST ESTIMATES 2.1.5.1 When the State has sufficiently identified the Project requirements and the Architect has prepared other basic design criteria, the Contractor shall prepare, for the review of the Architect and approval of the State, a preliminary cost estimate utilizing area, volume or similar conceptual estimating techniques. 2.1.5.2 When Schematic Design Documents have been prepared by the Architect and approved by the State, the Contractor shall prepare for the review of the Architect and approval of the State, a more detailed estimate with supporting data. During the preparation of the Design Development Documents, the Construction Manager shall update and refine this estimate at appropriate intervals agreed to by the Architect and Contractor and approved by the State. SA MP LE Revision Date: 12/12/2018 2.1.5.3 When Design Development Documents have been prepared by the Architect and approved by the State, the Contractor shall prepare a detailed estimate with supporting data for review by the Architect and approval by the State. During the preparation of the Construction Documents, the Contractor shall update and refine this estimate at appropriate intervals agreed to by the State. 2.1.5.4 If any estimate submitted to the State exceeds previously approved estimates or the State's budget, the Contractor shall include with the aforementioned estimate, appropriate recommendations to the State and Architect. 2.1.6 SUBCONTRACTORS AND SUPPLIERS The Contractor shall seek to develop subcontractor interest in the Project and shall furnish to the State and Architect for their information a list of possible subcontractors, including suppliers who are to furnish materials or equipment fabricated to a special design, from whom proposals will be requested for each principal portion of the Work. The Architect will promptly notify the State in writing if the Architect knows of any objection to such subcontractor or supplier. The State will promptly reply in writing to the Contractor if the State knows of any objection to such subcontractor or supplier. The receipt of such list shall not require the State or Architect to investigate the qualifications of proposed, subcontractors or suppliers, nor shall it waive the right of the State or Architect to later object to or reject any proposed subcontractor or supplier under the terms of this contract. 2.1.7 LONG LEAD TIME ITEMS The Contractor shall recommend to the State and Architect a schedule for procurement of long lead time items, which will constitute part of the Work as required to meet the Project schedule. If such long lead time items are procured by the State, they shall be procured on terms and conditions consistent with all applicable state laws, regulations, and bulletins. Upon the State's acceptance of the Contractor's Guaranteed Maximum Price proposal, all contracts for such items shall be assigned by the State to the Contractor, who shall accept responsibility for such items as if procured by the Contractor. The Contractor shall expedite the delivery of long lead time items. 2.1.8 EXTENT OF RESPONSIBILITY The Contractor does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The recommendations and advice of the Contractor concerning design alternatives shall be subject to the review and approval of the State and the State's professional consultants. It is not the Contractor's responsibility to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, building codes, rules and regulations. However, if the Contractor recognizes that portions of the Drawings and Specifications are at variance therewith, the Contractor shall promptly notify the Architect and State in writing. SA MP LE Revision Date: 12/12/2018 2.2 GUARANTEED MAXIMUM PRICE PROPOSAL AND CONTRACT TIME 2.2.1 When the Drawings and Specifications are sufficiently complete, the Contractor shall propose a Guaranteed Maximum Price, which shall be the sum of the estimated Cost of the Work and the Contractor's Fee. 2.2.2 The Drawings and Specifications may not be finished at the time the Guaranteed Maximum Price proposal is prepared. The Contractor shall provide in the Guaranteed Maximum Price for further development of the Drawings and Specifications by the Architect that is consistent with the Contract Documents and reasonably inferable therefrom. Further development, as that term is used in the previous sentence, does not include the development of additional Drawings and Specifications due to such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order. 2.2.3 The estimated Cost of the Work shall include the Contractors contingency, a sum established by the Contractor for the Contractors exclusive use to cover costs arising under Section 2.2.2 and other costs which are properly reimbursable as a Cost of the Work. Use of the Contractors contingency shall be documented and made available for review upon request by the State at the time of submission of monthly requisitions. The amount of contingency being carried by the Contractor in the GMP shall be reduced by change order once the project has been completely bought out and after reaching milestones that are mutually agreed upon by the Contractor, State and Architect. 2.2.4 BASIS OF GUARANTEED MAXIMUM PRICE The Contractor shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include: (a) A list of the Drawings and Specifications, including all addenda thereto and the Conditions of the Contract, which were used in preparation of the Guaranteed Maximum Price proposal. (b) A list of allowances and a statement of their basis. (c) A list of the clarifications and assumptions made by the Contractor in the preparation of the Guaranteed Maximum Price proposal to supplement the information contained in the Drawings and Specifications. (d) The proposed Guaranteed Maximum Price, including a statement of the estimated cost organized by trade categories, allowances, contingency, and other items and the fee that comprise the Guaranteed Maximum Price. (e) The Date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based, and a schedule of the Construction Documents issuance dates upon which the date of Substantial Completion is based. SA MP LE Revision Date: 12/12/2018 2.2.5 The Contractor shall meet with the State and Architect to review the Guaranteed Maximum Price proposal and the written statement of its basis. In the event that the State or Architect discover any inconsistencies or inaccuracies in the information presented, the State shall promptly notify the Contractor, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis or both. 2.2.6 The Guaranteed Maximum Price proposal shall not be effective without written acceptance by the State. 2.2.7 Prior to the State's acceptance of the Contractor's Guaranteed Maximum Price proposal and issuance of a Notice to Proceed, the Contractor shall not incur any cost to be reimbursed as part of the Cost of the Work, unless, prior to incurring the cost, the contractor has submitted a written request to the State and the State has approved the request in writing. 2.2.8 Upon acceptance by the State of the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price and its basis shall be set forth in the Guaranteed Maximum Price Amendment. The Guaranteed Maximum Price shall be subject to additions and deductions by a change in the Work as provided in the Contract Documents and the date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents. 2.2.9 The State shall authorize and cause the Architect to revise the Drawings and Specifications to the extent necessary to reflect the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. Such revised Drawings and Spec- ifications shall be furnished to the Contractor in accordance with schedules agreed to by the State, Architect and Contractor. The Contractor shall promptly notify the Architect and State if such revised Drawings and Specifications are inconsistent with the agreed upon assumptions and clarifications. 2.2.10 The Guaranteed Maximum Price shall include in the Cost of the Work any taxes applicable to the project at the time the Guaranteed Maximum Price is established. 2.3 CONSTRUCTION PHASE 2.3.1 COMMENCEMENT The Construction Phase shall commence, in whole or in part, upon receipt of a Notice to Proceed from the Commissioner of Buildings and General Services. 2.3.2 ADMINISTRATION 2.3.2.1 Those portions of the Work that the Contractor has not identified in his or her Guaranteed Maximum Price as being self performed with the Contractors own personnel, or as otherwise approved by the State, shall be performed under subcontracts or by other appropriate agreements with the Contractor. The Contractor shall obtain bids from and select Subcontractors and suppliers according to the following conditions and requirements: SA MP LE Revision Date: 12/12/2018 (a) The Contractor shall publically advertise or invite three or more bids for any supplier or subcontractor whose proposed work or materials and/or equipment for use on the project exceeds Fifteen Thousand dollars ($ 15,000.00). The term suppliers includes those who are to furnish materials or equipment fabricated to a special design, from whom proposals will be requested for each principal portion of the Work. (b) Subject to approval by the State, the Contractor shall award the bid to one of the three lowest responsible bidders, conforming to specifications, with consideration being given to quantities involved, time required for delivery, purpose for which required, competency and responsibility of bidder, and his or her ability to render satisfactory service. (c) Subject to approval by the State, the Contractor is permitted to bid on specific aspects of the project. The Contractor must submit a bid consistent with the terms of this contract and present it to the State prior to other bids being opened. Any bid in which the Contractor has submitted a bid must be awarded to the lowest bidder unless approved in writing by the State. (d) The commissioner of Buildings and General Services has the right to reject any and all bids and to invite other bidders. The Contractor shall not be required to contract with anyone to whom the Contractor has reasonable objection. 2.3.2.2 If the Guaranteed Maximum Price has been established and a specific bidder among those whose bids are delivered by the Contractor to the State and Architect (1) is recommended to the State by the Contractor; (2) is qualified to perform that portion of the Work; (3) has submitted a bid which conforms to the requirements of the Contract Documents without reservations or exceptions, but the State fails to approve the bid, then the Contractor may require that a change in the Work be issued to adjust the Contract Time and the Guaranteed Maximum Price by the difference between the bid of the person or entity the State failed to approve and the amount of the subcontract or other agreement actually signed with the person or entity eventually selected by Contractor. 2.3.2.3 Subcontracts and agreements with suppliers furnishing materials or equipment fabricated to a special design shall conform to the payment provisions of Sections 7.1.8 and 7.1.9 and shall not be awarded on the basis of cost plus a fee without the prior consent of the State. 2.3.2.4 The Contractor shall schedule and conduct meetings, at least bi-weekly, at which the State, Architect, Contractor and appropriate Subcontractors can discuss the status of the Work. The Contractor shall prepare and promptly distribute meeting minutes. 2.3.2.5 Promptly after the State's acceptance of the Guaranteed Maximum Price proposal, the Contractor shall prepare a schedule in accordance with Section 4.10 of the State of Vermont General Conditions (Attachment F). The schedule must consider the impacts on the Project and Work caused by the State's occupancy requirements. SA MP LE Revision Date: 12/12/2018 2.3.2.6 The Contractor shall provide monthly written reports to the State and Architect on the progress of the entire Work. The Contractor shall maintain a daily log containing a record of weather, Subcontractors working on the site, number of workers, Work accomplished, problems encountered and other similar relevant data as the State may reasonably require. The log shall be available to the State and Architect. 2.3.2.7 The Contractor shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Contractor shall identify variances between actual and, estimated costs and report the variances to the State and Architect at regular intervals. 2.4 PROFESSIONAL SERVICES The Contractor shall not be required to provide professional services which constitute the practice of architecture or engineering, unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor has specifically agreed in writing to provide such services. In such event, the Contractor shall cause such services to be performed by appropriately licensed professionals. Contractor shall require licensed professionals to comply with all insurance requirements contained in Attachment C. 2.5 UNSAFE MATERIALS In addition to the provisions of Section 10.1 of the States General Conditions, if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered but not created on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the State and Architect in writing. The State, Contractor and Architect shall then proceed in the same manner described in Section 10.2 of the States General Conditions. The State shall be responsible for obtaining the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the State shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and Architect will promptly reply to the State in writing stating whether or not either has reasonable objection to the persons or entities proposed by the State. If either the Contractor or Architect has a reasonable objection to a person or entity proposed by the State, the State shall propose another to whom the Contractor and Architect have no reasonable objection. SA MP LE Revision Date: 12/12/2018 ARTICLE 3 STATE'S RESPONSIBILITIES 3.1 INFORMATION AND SERVICES 3.1.1 The State shall provide full information in a timely manner regarding the requirements of the Project, including a program which sets forth the State's objectives, constraints and criteria, including space requirements and relationships, flexibility and expandability requirements, special equipment and systems, and site requirements. 3.1.2 The State shall establish and update an overall budget for each phase of the Project, based on consultation with the Contractor and Architect, which shall include contingencies for changes in the Work and other costs which are the responsibility of the State. 3.1.3 STRUCTURAL AND ENVIRONMENTAL TESTS, SURVEYS AND REPORTS During the Preconstruction Phase, the State shall furnish the following with reasonable promptness and at the State's expense, and the Contractor shall be entitled to rely upon the accuracy of any such information: reports, surveys, drawings and tests described in Sections 3.1.3.1 through 3.1.3.4 of this Article except to the extent that the Contractor knows of any inaccuracy. 3.1.3.1 Reports, surveys, drawings, tests and any and all permits and their conditions concerning the conditions of the site which are required by law. 3.1.3.2 Surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site: The surveys and legal information shall include, as available and applicable, grades and lines of streets, alleys, pavements and adjoining property., and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All information on the survey shall be referenced to a project benchmark. 3.1.3.3 The services of geotechnical engineers when such services are reasonably required by the scope of the project and are requested by the Contractor. Such services may include, but are not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including, necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 3.1.3.4 Structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports, which are required by law. 3.1.3.5 The services of other consultants when such services are reasonably required by the scope SA MP LE Revision Date: 12/12/2018 of the Project and are requested by the Contractor. 3.2 STATE'S DESIGNATED REPRESENTATIVE The State shall designate a Project Manager who shall have express authority to bind the State with respect to all matters requiring the State's approval or authorization. The Project Manager shall have the authority to make decisions on behalf of the State concerning estimates and schedules, construction budgets, and changes in the Work, and shall render such decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Contractor. 3.3 ARCHITECT The State shall retain an Architect to provide the Basic Services, including normal civil, structural, mechanical and electrical engineering services, other than cost estimating services. The State shall authorize and cause the Architect to provide those services requested by the Contractor, which must necessarily be provided by the Architect for the Preconstruction and Construction Phases of the Work. Such services shall be provided in. accordance with time schedules agreed to by the State, Architect and Contractor. In the event that an Architect has not been utilized for the project, the Project Manager will be responsible for administration of the contract. All other functions, duties, or obligations of the Architect, under these Standard Construction Management Form, in the absence of an Architect, will be performed by the Project Manager. ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES The State shall compensate and make payments to the Contractor for Preconstruction Phase services as follows: 4.1 COMPENSATION 4.1.1 For the services described in Section 2.1 (preconstruction phase) and Section 2.2 (work regarding Guaranteed Maximum price) the Contractor's compensation shall be calculated as detailed and described in Contract Documents, specifically the Contractors response to the States RFP. 4.1.2 Compensation for Preconstruction Phase services shall be equitably adjusted if such services extend beyond the dates established in this Agreement or if the originally contemplated scope of services is significantly modified. 4.1.3 If compensation is based on a multiple of Direct Personnel Expense, Direct Personnel Expense is defined as the direct salaries of the Contractor's personnel engaged in the Project and the portion of the cost of their mandatory and customary contributions and benefits related SA MP LE Revision Date: 12/12/2018 thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 4.2 PAYMENTS 4.2.1 Payments shall be made monthly following presentation of the Contractor's invoice and, where applicable, shall be in proportion to services performed. 4.2.2 Payments are due and payable thirty (30) days from the date the Contractor's invoice is received by the State. Amounts unpaid after the date on which payment is due shall bear interest at the rate entered below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES The State shall compensate the Contractor for Construction Phase services as follows: 5.1 COMPENSATION 5.1.1 For the Contractor's performance of the Work as described in Section 2.3 of this Agreement, the State shall pay the Contractor in current funds the Contract Sum consisting of the Cost of the Work as defined in Article 6 and the Contractor's Fee determined as follows for Phase I and Phase II: 1. The initial contract value will be written to include the Pre-Construction services ($XXXX.00), Fee for Construction Services ($XXXX.00), the Fee for General Conditions ($XXXX.00) and the anticipated Phase I Cost of Work ($XXXX.00), which includes any allowances or reimbursables included in the RFP. The final contract value will be determined and adjusted after the establishment of a Guaranteed Maximum Price (GMP), inclusive of the estimated construction cost of Phase II and in accordance with the terms of the contract. 2. Change Orders = XX% overhead plus XX% profit. 5.2 GUARANTEED MAXIMUM PRICE 5.2.1 The sum of the Cost of the Work and the Contractor's Fee are guaranteed by the Contractor not to exceed the amount provided in Guaranteed Maximum Price Amendment (Attachment E), subject to additions and deductions by changes in the Work as provided in the Contract Documents. Such maximum sum as adjusted by approved changes in the Work is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the State. SA MP LE Revision Date: 12/12/2018 All savings that result in a total cost below the Guaranteed Maximum Price shall accrue 100 % to the owner. SA MP LE Revision Date: 12/12/2018 5.3 CHANGES IN THE WORK 5.3.1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of Guaranteed Maximum Price Amendment (Attachment E) may be determined by any of the following methods: (a) mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; (b) unit prices stated in the Contract Documents or subsequently agreed upon; or (c) cost to be determined in a manner agreed upon by the parties and a mutually accepted fixed or percentage fee. 5.3.2 In calculating adjustments to subcontracts (except those awarded with the State's prior consent on the basis of cost plus a fee), the terms "cost" and "fee" as used in Section 12.1.3(c) of the States General Conditions and the terms "costs" and "a reasonable allowance for overhead and profit" as used in Section 12.1.4 of the States General Conditions shall have the meanings assigned to them in that document and shall not be modified by this Article 5. Adjustments to subcontracts awarded with the State's prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. 5.3.3 In calculating adjustments to the Contract, the terms "cost" and "costs" as used in the above referenced provisions of the States General Conditions shall mean the Cost of the Work as defined in Article 6 of this Agreement and the terms "and a reasonable allowance for overhead and profit" shall mean the Contractor's Fee as defined in Article 5, Section 5.1 of this Agreement. 5.3.4 If no specific provision is made in Article 5, Section 5.1 for adjustment of the Contractor's Fee in the case of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of Section 5.1 will cause substantial inequity to the State or Contractor, the Contractor's Fee shall be equitably adjusted on the basis of the fee established for the original Work. ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE 6.0 COSTS TO BE REIMBURSED The term "Cost of the Work" shall mean costs necessarily incurred by the Contractor in the proper performance of the Work. Such costs shall be at rates not higher than those customarily paid at the place of the Project except with prior consent of the State. The Cost of the Work shall include only the items set forth in this Article 6. SA MP LE Revision Date: 12/12/2018 6.1 LABOR COSTS (a) Wages of construction workers directly employed by the Contractor to perform the construction of the Work at the site or, with the State's agreement, at off-site workshops. (b) Wages or salaries of the Contractor's supervisory and administrative personnel when stationed at the site with the State's agreement. (c) Wages and salaries of the Contractor's supervisory or administrative personnel engaged, at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. (d) Costs paid or incurred by the Contractor for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements, and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided that such costs are based on wages and salaries included in the Cost of the Work under Clauses 6.1(a) through 6.1(c). 6.2 SUBCONTRACT COSTS Payments made by the Contractor to Subcontractors in accordance with the requirements of the subcontracts. 6.3 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION (a) Costs, including transportation, of materials and equipment incorporated or to be incorporated in the completed construction. (b) Costs of materials described in the preceding Section 6.3(a) in excess of those actually installed but required to provide reasonable allowance for waste and for spoilage. Unused excess materials, if any, shall be handed over to the State at the completion of the Work or, at the State's option, shall be sold by the Contractor. Any amounts realized from such sales shall be credited to the State as a deduction from the Cost of the Work. SA MP LE Revision Date: 12/12/2018 6.4 COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND RELATED ITEMS (a) Costs, including transportation, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment, and hand tools not customarily owned by the construction workers, which are provided by the Contractor at the site and fully consumed in the performance of the Work; and cost less salvage value on such items if not fully consumed, whether sold to others or retained by the Contractor. Cost for items previously used by the Contractor shall mean fair market value. (b) Rental charges for temporary facilities, machinery, equipment, and hand tools not customarily owned by the construction workers, which are provided by the Contractor at the site, whether rented from the Contractor or others, and costs of transportation, installation, minor repairs and replacements, dismantling and removal thereof. Rates and quantities of equipment rented shall be subject to the State's prior approval. (c) Costs of removal of debris from the site. (d) Reproduction costs, costs of telegrams, facsimile transmissions and long-distance telephone calls, postage and express delivery charges, telephone service at the site and reasonable petty cash expenses of the site office. (e) That portion of the reasonable travel and subsistence expenses of the Contractor's personnel incurred while traveling in discharge of duties connected with the Work. 6.5 MISCELLANEOUS COSTS (a) That portion directly attributable to this Contract for insurance premiums and bonds. (b) Sales, use or similar taxes assessed by a governmental authority which are related to the Work and for which the Contractor is liable. (c) Fees and assessments for the building permit and for other permits, licenses and inspections for which the Contractor is required by the Contract Documents to pay. (d) Fees of testing laboratories for tests required by the Contract Documents, except those related to nonconforming Work other than that for which payment is permitted by Section 6.7(b). (e) Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent or other intellectual property rights arising from such requirement by the Contract Documents; payments made in accordance with legal judgments against the Contractor resulting from such suits or claims and payments of settlements made with the State's consent; provided, however, that such costs of legal defenses, judgments and SA MP LE Revision Date: 12/12/2018 settlements shall not be included in the calculation of the Contractor's Fee or the Guaranteed Maximum Price and provided that such royalties, fees and costs are not excluded by the last sentence of Section 4.17 of the States General Conditions or other provisions of the Contract Documents. (f) Deposits lost for causes reasonably attributable to the State through change orders, revisions in scope of project, or undue delay directly attributable to the State. 6.6 OTHER COSTS Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by the State. 6.7 EMERGENCIES AND REPAIRS TO DAMAGED OR NONCONFORMING WORK The Cost of the Work shall also include costs described in Article 6 which are incurred by the Contractor: (a) In taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property, as provided in Section 10.3 of the States General Conditions. (b) In repairing or correcting damaged or nonconforming Work executed by the Contractor or the Contractor's Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence or failure to fulfill a specific responsibility to the State set forth in this Agreement of the Contractor or the Contractor's foremen, engineers or superintendents, or other supervisory, administrative or managerial personnel of the Contractor, or the failure of the Contractor's personnel to supervise adequately the Work of the Subcontractors or suppliers, and only to the extent that the cost of repair or correction is not recoverable by the Contractor from insurance, Subcontractors or suppliers. 6.8 The costs described in Sections 6.1 through 6.8 shall be included in the Cost of the Work notwithstanding any provision of the States General Conditions or other Conditions of the Contract which may require the Contractor to pay such costs, unless such costs are excluded by the provisions of Section 6.9 of this Agreement. 6.9 COSTS NOT TO BE REIMBURSED The Cost of the Work shall not include: (a) Salaries and other compensation of the Contractor's personnel stationed at the Contractor's principal office or offices other than the site office. (b) Expenses of the Contractor's principal office and offices other than the site office. (c) Overhead and general expenses. SA MP LE Revision Date: 12/12/2018 (d) The Contractor's capital expenses, including interest on the Contractor's capital employed for the Work. (e) Rental costs of machinery and equipment except as provided in Section 6.4(b). (f) Costs due to the negligence of the Contractor or to the failure of the Contractor to fulfill a specific responsibility to the State set forth in this Agreement. (g) Costs incurred in the performance of Preconstruction Phase Services. (h) Costs which would cause the Guaranteed Maximum Price to be exceeded. 6.10 DISCOUNTS, REBATES AND REFUNDS (a) Cash discounts obtained on payments made by the Contractor shall accrue to the State if (1) before making the payment, the Contractor included them in an Application for Payment and received payment therefore from the State, or (2) the State has deposited funds with the Contractor with which to make payments; otherwise, cash discounts shall accrue to the Contractor. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the State, and the Contractor shall make provisions so that they can be secured. (b) Amounts which accrue to the State in accordance with the provisions of Section 6.10(a) shall be credited to the State as a deduction from the Cost of the Work. 6.11 ACCOUNTING RECORDS The Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract; the accounting and control systems shall be satisfactory to the State. The State and the State's accountants shall be afforded access to the Contractor's records, books, correspo

2 Governor Aiken Avenue Montpelier, Vermont 05633-5801Location

Address: 2 Governor Aiken Avenue Montpelier, Vermont 05633-5801

Country : United StatesState : Vermont

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