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FPD General Conditions

General Conditions of the Contract for Construction

General Conditions - September 2016 Edition

General Conditions - March 2015 Edition

General Conditions - March 2014 Edition

Changes to the General Conditions

Table of Contents:

13.5 Supplier Diversity in lieu of MBE WBE Goal Program

 

Article 1:

1.1.7 Minority Business Enterprise

Modified: Supplier Diversity Definitions in lieu of Minority Business
Businesses that fall into the Supplier Diversity classification shall mean an approved certified business concern which is at least fifty-one percent (51%) owned and controlled by one (1) or more diverse suppliers as described below.

1.1.7.1 Supplier Diversity

Added: “Minority Business Enterprise [MBE] shall mean an approved certified business concern which is at least fifty-one percent (51%) owned and controlled by one (1) or more minorities as defined below or, in the case of any publicly-owned business, in which at least fifty-one percent (51%) of the stock of which is owned by one (1) or more minorities as defined below, and whose management and daily business operations are controlled by one (1) or more minorities as defined herein.”

1.1.7.2 Supplier Diversity

Added: “Women Business Enterprise [WBE] shall mean an approved certified business concern which is at least fifty-one percent (51%) owned and controlled by one (1) or more women or, in the case of any publicly-owned business, in which at least fifty-one percent (51%) of the stock of which is owned by one (1) or more women, and whose management and daily business operations are controlled by one (1) or more women.”

1.1.7.3 Supplier Diversity

Added:Veteran Owned Business (including Service Disabled Veterans) shall mean an approved certified business concern which is at least fifty-one percent (51%) owned and controlled by one (1) or more Veterans or, in the case of any publicly-owned business, in which at least fifty-one percent (51%) of the stock of which is owned by one (1) or more Veterans, and whose management and daily business operations are controlled by one (1) or more Veterans.  Veterans must be certified by the appropriate federal agency responsible for veterans’ affairs.”

1.1.7.4 Supplier Diversity

Added: “Disadvantaged Business Enterprise (DBE)
A Disadvantaged Business Enterprise (DBE) is a for-profit small business concern where a socially and economically disadvantaged individual owns at least 51% interest and also controls management and daily business operations. These firms can and also be referred to as Small Disadvantaged Businesses (SDB). Eligibility requirements for certification are stated in 49 CFR (Code of Federal Regulations), part 26, Subpart D.

U.S. citizens that are African-Americans, Hispanics, Native Americans, Asian-Pacific and Subcontinent Asian Americans, and women are presumed to be socially and economically disadvantaged. Also recognized as DBE’s are Historically Black Colleges and Universities (HBCU) and small businesses located in Federal HUB Zones.

To be regarded as economically disadvantaged, an individual must have a personal net worth that does not exceed $1.32 million.  To be seen as a small business, a firm must meet Small Business Administration (SBA) size criteria (500 employees or less) and have average annual gross receipts not to exceed $22.41 million. To be considered a DBE/SDB, a small business owned and controlled by socially and/or economically disadvantaged individuals must receive DBE certification from one of the recognized Missouri state agencies to be recognized in this classification.”

1.2.8.8 Specifications and Drawings

Added: “the ability to complete work without disruption to normal campus activities, except as specifically allowed in the contract documents.”

 

Article 2:

2.1.1 Reworded – didn’t change the intent

2.2.1 Owner's Right to Stop the Work

Added: “Owner’s lifting of Stop Work Order shall not prejudice Owner’s right to enforce any provision of this Contract.”

2.3.1 Owner's Right to Carry Out the Work

Added: “However, such notice shall be waived in the event of an emergency with the potential for property damage or the endangerment of students, faculty, staff, the public or construction personnel, at the sole discretion of the Owner.”

2.3.2 Owner's Right to Carry Out the Work

Deleted: In the event the Contractor has not satisfactorily completed all items on the Punch List within thirty (30) days of its receipt, or by the Final Completion Date, whichever is latest, the Owner reserves the right to complete the Punch List without further notice to the Contractor or its surety.

 

Article 3:

3.2.3 Compliance with Laws, Permits, Regulations and Inspections

Added: “as stated in 2.1.1 above.” At the end of the paragraph

3.2.4 Compliance with Laws, Permits, Regulations and Inspections

Reworded didn’t change the intent

3.4.3 Supervision and Construction Procedures

Added: The Contractor and each of its Subcontractors of any tier shall submit to the Owner such schedules of quantities and costs, progress schedules in accordance with 3.17.2 of this document, payrolls, reports, estimates, records, and other data as the Owner may request concerning Work performed or to be performed under the Contract.

3.4.4 Supervision and Construction Procedures

Added: The Contractor shall be represented at the site by a competent superintendent from the beginning of the Work until its final acceptance, whenever contract work is being performed, unless otherwise permitted in writing by the Owner's Representative. The superintendent for the Contractor shall exercise general supervision over the Work and such superintendent shall have decision making authority of the Contractor. Communications given to the superintendent shall be binding as if given to the Contractor. The superintendent shall not be changed by the contractor without approval from the Owner’s Representative.

3.4.7 Supervision and Construction Procedures

Added: The Contractor’s scheduled outage/tie-in plan, time, and date for any utilities is subject to approval by the Owner’s Representative. Communication with the appropriate entity and planning for any scheduled outage/tie-in of utilities shall be the responsibility of the Contractor.

Added: .2 Contractor shall submit its preliminary outage/tie-in schedule with its baseline schedule.

3.4.11 Supervision and Construction Procedures

Added: The Contractor shall maintain at his own cost and expense, adequate, safe and sufficient walkways, platforms, scaffolds, ladders, hoists and all necessary, proper, and adequate equipment, apparatus, and appliances useful in carrying on the Work and which are necessary to make the place of Work safe and free from avoidable danger for students, faculty, staff, the public and construction personnel, and as may be required by safety provisions of applicable laws, ordinances, rules regulations and building and construction codes.

3.4.12 Supervision and Construction Procedures

Added: “within the limits of the Contractor’s work area.” at the end of the paragraph

3.5.4 Use of Site

Added: “Particular attention shall be paid to access for emergency vehicles, including fire trucks.  Wherever there is the possibility of interfering with normal emergency vehicle operations, Contractor shall obtain permission from both campus and municipal emergency response entities prior to limiting any access.” after the first sentence.

3.13 Shop Drawings, Product Data, Samples

Added: “and Coordination Drawings/BIM Models” to the title.

3.13.4 Shop Drawings, Product Data, Samples and Coordination Drawings/BIM Models

Added New Paragraph: Coordination Drawings are drawings for the integration of the Work, including work first shown in detail on shop drawings or product data.  Coordination drawings show sequencing and relationship of separate units of work which must interface in a restricted manner to fit in the space provided, or function as indicated.  Coordination Drawings are the responsibility of the contractor and are submitted for informational purposes. The Special Conditions will state whether coordination drawings are required. BIM models may be used for coordination in lieu of coordination drawings at the contractor’s discretion, unless required in the Special Conditions.  The final coordination drawings/BIM Model will not change the contract documents, unless approved by a fully executed change order describing the specific modifications that are being made to the contract documents.

3.13.5 Shop Drawings, Product Data, Samples and Coordination Drawings/BIM Models

Added: Shop Drawings, Coordination Drawings/BIM Models, Product Data, Samples and similar submittals (collectively referred to as “Submittals”) are not Contract Documents.

3.13.6 Shop Drawings, Product Data, Samples and Coordination Drawings/BIM Models

Deleted: “All Shop Drawings and Product Data shall be submitted prior to the Contractor’s third partial payment request.  After the second payment has been made, no further payments will be made until all required Shop Drawings and Product Data have been submitted.  If Shop Drawings and Product Data are not approved by the fourth progress payment request, the Owner may withhold further payments.”

Added: “Because time is of the essence in this contract, unless noted otherwise in the Special Conditions or Technical Specifications, all submittals, shop drawings and samples must be submitted as required to maintain the contractor’s plan for proceeding, but not less than within 90 days of the Notice To Proceed.  If Contractor believes that this milestone is unreasonable for any submittal, Contractor shall request an extension of this milestone, within 60 days of Notice To Proceed, for each submittal that cannot meet the milestone.  The request shall contain a reasonable explanation as to why the 90 day milestone is unrealistic, and shall specify a date on which the submittal will be transmitted, for approval by the Owner’s Representative.  Failure of the Contractor to comply with this section may result in delays in the submittal approval process and/or charges for expediting approval, both of which will be the responsibility of the Contractor.”

3.17.1 Contractor’s Construction Schedules

Modified: The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals on a monthly basis or as requested by the Owner’s Representative as required by the conditions of the Work, and shall provide for expeditious and practicable execution of the Work.

3.17.2 Contractor’s Construction Schedules

Added: The construction schedule shall be in a detailed format satisfactory to the Owner’s Representative and the Architect and in accordance with the detailed schedule requirements set forth in this document and the Special Conditions.

3.17.3 Contractor’s Construction Schedules

Added New Paragraph: “As time is of the essence to this contract, the University expects that the Contractor will take all necessary steps to insure that the project construction schedule shall be prepared in accordance with the specific requirements of the Special Conditions to this contract.  At a minimum, contractor shall comply with the following:

.1 The schedule shall be prepared using Primavera P3, Oracle P6, Microsoft Project or other software acceptable to the Owner’s Representative.

.2 The schedule shall be prepared and maintained in CPM format, in accordance with Construction CPM Scheduling, published by the Associated General Contractors of American (AGC).

.3 Prior to submittal to the Owner’s Representative for review, Contractor shall obtain full buy-in to the schedule from all major subcontractors, in writing if so requested by Owner’s Representative.

.4 Schedule shall be updated, in accordance with Construction CPM Scheduling, published by the AGC, on a monthly basis at minimum, prior to, and submitted with, the monthly pay application or as requested by the Owner’s Representative.

.5 Along with the update the Contractor shall submit a narrative report addressing all changes, delays and impacts, including weather to the schedule during the last month, and explain how the end date has been impacted by same.

.6 The submission of the updated schedule certifies that all delays and impacts that have occurred on or to the project during the previous month have been factored into the update and are fully integrated into the schedule and the projected completion date.

Failure to comply with any of these requirements will be considered a material breach of this contract.  See Special Conditions for detailed scheduling requirements.”

 

Article 4:

4.1.3 Rights of the Owner

Added New Paragraph: “If the Contractor refuses, for any reason, to proceed with what the Owner believes to be contract work, the Owner may issue a Construction Directive, directing the Contractor to proceed.  Contractor shall be obligated to promptly proceed with this work.  If Contractor feels that it is entitled to additional compensation for this work, it may file a claim for additional compensation and/or time, in accordance with 4.4 of this document.”

4.1.6 Rights of the Owner

Modified: The Owner does not allow smoking on University property.

4.7.1 Claims for Additional Time

Added: If the Contractor makes a Claim for an increase in the Contract Time, written notice as provided herein shall be given.  In addition to other requirements for notice of a Claim, Contractor shall include an estimate of the probable effect of delay upon the progress of the Work, utilizing a CPM Time Impact Schedule Analysis, (TIA) as defined in the AGC Scheduling Manual. In the case of a continuing delay, only one Claim is necessary.

.1 Time extensions will be considered for excusable delays only.  That is, delays that are beyond the control and/or contractual responsibility of the contractor.

4.7.2 Claims for Additional Time

Modified: If abnormal weather conditions days are the basis for a Claim for additional time, such Claim shall be documented by the Contractor by data acceptable to the Owner's Representative substantiating that weather conditions were abnormal for the period of time in question, could not have been reasonably anticipated, and that weather conditions had an adverse effect on the critical path of the scheduled construction. Weather days shall be defined as days on which critical path work cannot proceed due to weather conditions (including but not limited to rain, snow, etc.), in excess of the number of days shown on the Anticipated Weather Day schedule in the Special Conditions.  To be considered a weather day, at least four hours must be lost due to the weather conditions on a critical path scope item for that day.; Weather days and Anticipated weather days listed in the Special Conditions shall only apply to Monday through Friday.  A weather day claim cannot be made for Saturdays, Sundays, New Year’s Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving Day and Christmas Day, unless that specific day was  approved in writing for work by the Owner’s Representative.

.1 The Contractor must have fulfilled its contract obligations with respect to temporary facilities and protection of its work; and worker protection for hot and cold weather per OSHA guidelines.

.2 If the contract obligations have been satisfied, the Owner will review requests for non-compensable time extensions for critical path activities as follows:

.2.1 If the Contractor cannot work on a critical path activity due to adverse weather, after implementing all reasonable temporary weather protection, the Contractor will so notify the Owner’s Representative.  Each week, the Contractor will notify the Owner’s Representative of the number of adverse weather days that it believes it has experienced in the previous week.  As provided in the contract, until such time as the weather days acknowledged by the Owner’s Representative exceed the number of days of adverse weather contemplated in the Special Conditions, no request for extension of the contract completion time will be considered.

.2.2 If the Contractor has accumulated in excess of the number of adverse weather days contemplated in the Special Conditions due to the stoppage of work on critical path activities due to adverse weather, the Owner will consider a time extension request from the Contractor that is submitted in accordance with the contract requirements.  The Owner’s Representative will provide a change order extending the time for contract completion or direct an acceleration of the work in accordance with the contract terms and conditions to recover the time lost due to adverse weather in excess of the number of adverse weather working days contemplated in the Special Conditions.

4.7.3 Claims for Additional Time

Added: If any other Force Majeure event results in the delay to the critical path of the project, the Owner will consider a time extension request from the Contractor that is submitted in accordance with the contract requirements.

4.7.4 Claims for Additional Time

Added: The Owner will consider and evaluate requests for time extensions due to changes or other events beyond the control of the Contractor on a monthly basis only, with the submission of the Contractor’s updated schedule, in conjunction with the monthly application for payment.

 

Article 5:

5.2.2 Subcontractual Relations

Added: All agreements between the Contractor and a Subcontractor or supplier shall contain provisions whereby Subcontractor or supplier waives all rights against the Owner, contractor, Owner’s representative, Architect and all other additional insureds for all losses and damages caused by, arising out of, or resulting from any of the perils covered by property or builders risk insurance coverage required of the Contractor in the Contract Documents.  If Contractor fails to include said provisions in all subcontracts, Contractor shall indemnify, defend and hold all the above entities harmless in the event of any legal action by Subcontractor or supplier. If insureds on any such policies require separate waiver forms to be signed by any Subcontractors of any tier or suppliers, Contractor shall obtain the same.

 

Article 7:

7.1.6 Change Orders

Modified: Equipment: Breakdown for required equipment shall itemize (at a minimum) delivery / pick-up charge, hourly rate and hours used.  Operator hours and rate shall not be included in the equipment breakdown.  Contractor must use the most cost effective equipment available in the area and should not exceed the rates listed in RS MEANS or in the Rental Rate Blue Book for Construction Equipment (Blue Book).  Contractor shall submit documentation for the Blue Book to support the rate being requested.

7.3.1.3 Overhead and Profit

Modified: The Contractor will be allowed to add 2% for the cost of bonding and insurance to their cost of work.  This 2% shall be allowed on the total cost of the added work, including overhead and profit.

7.4.1 Extended General Conditions

Deleted: Contractor further acknowledges that ordinarily no compensation beyond the specified mark-up percentages for extended overhead shall be due or payable as a result of an increase in the Contract Time.

7.4.2 Extended General Conditions

Added: The Owner may reimburse the Contractor for extended overhead if an extension of the Contract Time is granted by the Owner, in accordance with Article 4.7.1, and the Owner determines that the extension of the Contract Time creates an inequitable condition for the Contractor.

 

Article 8:

8.2.2 Delay in Completion

Added: “upon submission of the Time Impact Schedule Analysis (TIA) called out in Section 4.7 of these General Conditions” to the second sentence.

8.2.4 Delay in Completion

Added: “except as otherwise noted in these General Conditions,” to the first sentence.

 

Article 9:

9.1.7.4 Commencement, Prosecution, and Completion

Added: “Payroll cost shall include base rate salaries and wages plus the cost of fringe benefits required by agreement or custom and social security contributions, unemployment, payroll taxes and workers' or workmen's compensation insurance and other customary and legally required taxes paid by the Contractor or Subcontractors.  Any item or expense outside of these categories is not allowed.   The expense of performing Work after regular working hours, on Saturdays, Sundays or legal holidays shall not be included in the above, unless approved in writing and in advance by Owner.” to the end of the paragraph

9.1.7.4 Commencement, Prosecution, and Completion

Added: “Breakdown for required equipment shall itemize (at a minimum) delivery/ pick-up charge, hourly rate and hours used.  Operator hours and rate shall not be included in the equipment breakdown.  Contractor must use the most cost effective equipment available in the area and should not exceed the rates listed in the Rental Rate Blue Book for Construction Equipment (Blue Book).  Contractor shall submit documentation for the Blue Book to support the rate being requested.” to the end of the paragraph

9.1.8 Commencement, Prosecution, and Completion

Added new paragraph: “The Contractor shall be paid electronically using the Owner’s web-based payment program with a direct electronic transfer from the Owner’s account into the Contractor’s account.  The Contractor must submit the following information to the Owner’s Representative:

.1 Bank Transit Number for the Contractor’s bank into which the electronic deposit will be made.

.2 Bank Account Number for the Contractor’s account into which the electronic deposit will be made.

.3 Contractor’s E-Mail address so that formal notification of the deposit by the Owner can be provided.”

9.3.1 Schedule of Values

Modified: “The values set forth in such schedule shall not may, at the Owner’s option be used in any manner as fixing a basis for additions to or deletions from the Contract Sum.”

9.3.2 Schedule of Values

Deleted: “.1 The proposed schedule for tasks identified in the Contractor's Progress and Payment Schedule in bar chart form.

.2 Important milestones which may impact the progress schedule (such as the anticipated delivery of structural steel, completion of rough‑in, completion of utility relocations, etc.).

.3 Rate of progress proposed by the Contractor in terms of cumulative percent complete, shown as an "S" curve superimposed on the bar chart schedule.

.4 Anticipated monthly payments by the Owner based on the rate of progress proposed by the Contractor.

.5 The dates shown for Tasks on the Contractor's progress and payment schedule shall agree with the start and finish dates provided on the Contractor's Schedule of Values.”

Added: “.1  Enough detail as necessary to adequately evaluate the actual percent complete of any line item on a monthly basis, as determined by the Owner’s Representative.

.2 Line items, when being performed by a subcontractor or material supplier, shall correlate directly back to the subcontract or purchase order amount if requested by the Owner’s Representative.

9.4.4 Application for Payment

Added: “or stored offsite as noted below” to the third sentence of 1st paragraph

Added new paragraph:  “No allowance shall be made in the project pay requests for materials not delivered to the site of the work and incorporated into the work, except as noted below.  For the purposes of this Article, Offsite is defined as any location not owned or leased by the Owner.  Contractor shall submit a list of materials that they are requesting payment for offsite storage within 60 days of Notice Proceed.

.1 Items considered to be major items of considerable magnitude, if suitably stored, may be allowed in project pay requests on the basis of ninety percent (90%) of invoices

.2 Determination of acceptable “major items of considerable magnitude” and “suitably stored” shall be made by the Owner’s Representative.

.3 Aggregate quantities of materials not considered unique to this project will not be considered for offsite storage payment.

.4 Contractor shall submit to the Owner’s Representative a list of the material for which application for payment for offsite storage is anticipated no less than forty-five days prior to the submission of the applicable pay request.  The list shall include a material description, applicable division, quantity and discounts offered to the Owner for early payment. Contractor shall also submit the location the material will be stored and the method of protection

.5 The storage facility shall be subject to approval by the Owner’s representative, shall be located within an acceptable distance of the project sites as established by the Owner’s Representative and all materials for the Owner’s project must be stored separately from all other items within the storage facility and shall be labeled and stored in the name of the Curators of the University of Missouri.

.6 The Owner’s representative shall be provided a minimum of two weeks tice to visit the storage facility and inspect the stored material prior to submission of the pay request.

.7 Upon favorable inspection by the Owner’s Representative, the Contractor shall, at the Owner’s option, submit the appropriate UCC filing, transferring title of the material or equipment to The Curators of the University of Missouri.

.8 An invoice provided by the supplier shall be included with the applicable pay request.

.9 The contractor shall remain fully responsible for all items, until acceptance of the project by the Owner.

10. The contractor shall reimburse all costs incurred by the Owner in inspecting and verifying all material stored offsite, including mileage, airfare, meals, lodging and time, charged at a reasonable hourly rate.

9.4.6 Application for Payment

Modified:  The Contractor will be reimbursed for ninety‑five percent (95%) of the value of all labor furnished and material installed and computed in the same manner, less all previous payments made. On projects where a bond is not required, the contractor will be reimbursed for ninety percent (90%) of the value of all labor furnished and material installed and computed in the same manner, less all previous payments made. 

9.6.1.4 Decisions to Withhold Approval

Added:  “Owner may, at its sole option issue joint checks to subcontractors who have presented evidence that it has not been paid  in accordance with the Contract;”

9.7.4 Progress Payments

Added:  “Based on the Schedule of Values submitted by Contractor, Applications for Payment submitted by Contractor shall indicate the actual percentage of completion of each portion of Contractor's Work as of the end of the period covered by the Application for Payment.”

9.7.5 Progress Payments

Added:     “in full compliance with state statute” to the end of the 1st sentence

9.9.3 Substantial Completion

Modify:  “150% in lieu of 200%”

 

Article 10:

10.2.1 Safety Of Persons And Property

Modified:  “employees on the Work students, faculty, staff, the public, construction personnel, and other persons who may be affected thereby;”

 

Article 11:

11.6.3 Builder’s Risk Insurance

Added:  “(including all offsite stored materials)” to the second sentence.

11.7.1 Bonds

Modified:  “Fifty in lieu of Twenty Five”

 

Article 13:

13.5 MBE WBE Goal Program

Modified: “Supplier Diversity in lieu of MBE WBE Goal Program”

13.5.1 Supplier Diversity Goal Program

Modified:  “diverse in lieu of MBE WBE”

13.5.2 Supplier Diversity Goal Program

Modified:  If the Contractor must remove any MBE/WBE diverse subcontractor of any tier, the Contractor shall replace the diverse MBE/WBE subcontractor of any tier with another MBE/WBE diverse subcontractor(s) of any tier of equal dollar value equal to that to the diverse supplier removed of the subcontract of the Removed MBE/WBE.  The Contractor shall immediately notify the Owner’s Representative in writing of the Contractor’s intent to remove any, and the Contractor’s plan to maintain subcontracts with MBE/WBE diverse firms of no less than amount pledged in the Contractor’s Bid and/or the amount accepted by the Owner.  All changes of MBE/WBE diverse subcontractor of any tier shall be approved by the Director of Facilities Planning & Development. 

13.5.3 Supplier Diversity Goal Program

Modified:  “Supplier Diversity in lieu of MBE WBE”

13.5.41; Supplier Diversity Goal Program

Modified:  “Supplier Diversity in lieu of MBE WBE”

13.6.2 Wage Rates

Added: “The Contractor shall submit all required certified payroll information records electronically in pdf format using the Owner’s web-based payment program.” after the first sentence.

 

 

Reviewed October 05, 2016.