Attachment D - HECO-9TERM - Construction Contract.pdf

HECO-9TERM

(Rev. 04/19)

CONTRACT BETWEEN GEORGE MASON UNIVERSITY AND CONTRACTOR

This Contract, dated this ___ day of _________, between the Commonwealth of Virginia and George Mason University (collectively, the “Owner”), and _____________________ (“Contractor”), is binding among and between these parties as of the date of the University’s signature.

RECITALS

1. The legal address for the University and for the Contractor and the addresses for delivery of Notices and other project documents are as follows:

OWNER: George Mason University Attn:

Address: 4400 University Drive, MSN 1E4 City, State, Zip: Fairfax, Virginia 22030 Telephone: (703) 993-2513

CONTRACTOR:

Attn:

Address:

City, State, Zip:

Telephone: FAX:

F.E.I.N.:

Contractors Virginia License #

SSC ID #:

TITLE: Term Contract(s) for Construction Services RFP No: 247-24-T007

A. Mason has historic and unique facilities with sophisticated building systems. Project scheduling and sequencing is critical, requiring the use of Contractors capable of meeting the requirements of the Contract or Project Order, respecting the academic schedule and performing work within budget. Work on Mason’s campuses must be performed in a manner that will minimize the disruption of the operation of the Campus and impact to the quality of life for those who live and work on the campuses. The Owner often needs general construction services, alterations, modifications and repairs for discrete, small projects on an "as needed" basis. The scope of work on the task or particular project will be set forth in a Project Order issued to the contractor.

B. During competitive negotiations pursuant to the definition of construction less than $1,000,000 in the “Rules Governing Procurement of Goods, Services, Insurance, and Construction by a Public Institution of Higher Education of the Commonwealth of Virginia Governed by Subchapter 3 of the Restructured Higher Education Financial and Administrative Operations Act, Chapter 4.10 (§ 23-

38.88 et seq.) of Title 23 of the Code of Virginia,” the Owner selected the above named contractor to perform services under this Term Contract. The contractor agrees to perform such services under the terms and conditions set forth herein. The contractor is awarded this Contract to perform the Work described within Project Orders for the above-described RFP.

C. Project Orders may be issued to the contractor only during the Contract Term. Although the potential exists for multiple Project Orders during the Contract Term, the Owner does not represent or guarantee that the contractor will receive any Project Orders during the Contract Term.

D. The Owner reserves the right, at its sole discretion, to issue RFP's or IFB’s for similar work and other projects as the need may occur. The Owner also reserves the right to issue Project Orders to other contractors under Term contracts at its sole discretion, based on its evaluation of each contractor’s qualifications, expertise, current workload, capabilities, performance record, location or distance to the project, and other factors as may be pertinent to the particular project.

E. The contractor represents that it has no other Construction Term Contracts currently in effect with this Agency, its subsidiaries or branches.

THEREFORE, in consideration of the Recitals set forth above, and good and valuable consideration as set forth below, the parties agree as follows:

1. STATEMENT OF WORK: The Contractor shall furnish all labor, equipment, and materials and perform all Work as issued and described within Project Orders in strict accordance with the Contract Documents as described within the Invitation for Bids.

2. PROJECT ORDERS: Project Order #1 may be issued at any time during the Term of this Term Contract, and will be issued to the contractor authorizing the work to be performed for a lump sum amount.

It is understood that additional Project Orders may, at the Owner's sole discretion, be offered to the contractor during the period of one year from the date of this Contract. However, the Owner does not guarantee that the contractor will receive any Project Orders during the Term of this Contract.

3. CONTRACT AMOUNT: No individual Project Order fee shall exceed $1,000,000.

4. CONTRACT DOCUMENTS: This Contract shall consist of the following (the “Contract Documents”) which, in the event of conflicts among them, shall take precedence in the following order:

a. The following documents are incorporated by reference into this Contract as if set forth fully herein:

- This Contract Between University and Contractor (HECO-9TERM) dated ______;

- General Conditions of the Construction Contract CO-7 (referred to as the “General

Conditions”);

- The current edition of The George Mason’s Higher Education Capital Outlay Manual

(HECO) Manual, as amended;

- Request for Proposal No. 247-24-T007 dated 22 March 2024;

- All attachments stated within RFP No. 247-24-T007 dated 22 March 2024;

- Addendum No. XX, if any, dated XX, listed separately;

- Contractor’s Negotiation Responses, if any, dated XX, listed separately;

- Contractor’s Proposal submitted by Contractor on XXX;

- Attachment C - Hourly Labor Rates;

- eVA Vendor Registration Requirements’;

All of these documents are incorporated herein by reference.

b. The Contract requires the Contractor to use the project forms stated within the Invitation for bid and where applicable for the Work of this Project:

https://facilities.gmu.edu/resources/heco-dgs-forms/

c. All time limits stated in the Contract Documents, including but not limited to the Contract

Completion Date and Time for Completion, are of the essence of the Contract.

d. The Contract shall be signed by the Owner and the Contractor in as many original counterparts as may be mutually agreed upon, each of which shall be considered an original.

e. Anything called for by one of the Contract Documents and not called for by the others, shall be of like effect as if required or called for by all, except that a provision clearly designed to negate or alter a provision contained in one or more of the Contract Documents shall have the intended effect. Whenever possible, the Contract must be read as a whole with all parts being harmonized so as to avoid conflict. In the event of a conflict between or among the Contract Documents, the precedence of the Contract Documents.

f. If any provision of this Contract shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision.

5. CONTRACT TERM: Under this Contract, Project Orders may be issued during the one year following the date of execution of this Contract. This one-year period shall be referred to as the "Contract Term." It is understood that the contractor's Work under the Project Orders issued may not be completed during the Contract Term; however, all terms and conditions of this Contract, including all rights and obligations, shall survive until the Work is completed, except the Owner's right to issue, and the contractor's right to accept, additional Project Orders.

The Owner may, at its sole discretion, renew this Contract for a maximum of four (4) additional one-year Contract Terms, provided the option to renew was indicated in the RFP. If the Owner exercises its option to renew, the second Contract Term shall begin one year from the date of the execution of this Contract or the date that the Owner notifies the contractor that the option to renew is being exercised, whichever occurs first.

a) First Year Term – 01 July 2024 or Notice of Award whichever is later

b) Optional 1st Year Renewal Term – 01 July 2025 – 30 June 2026

c) Optional 2nd Year Renewal Term – 01 July 2026 – 30 June 2027

d) Optional 3rd Year Renewal Term – 01 July 2027 – 30 June 2028

e) Optional 4th Year Renewal Term – 01 July 2028 – 30 June 2029 https://facilities.gmu.edu/resources/heco-dgs-forms/

6. TIME FOR COMPLETION: The Work shall be commenced on a date to be specified in a Notice to Proceed from the University and shall be Substantially Completed by the dated stated within the Project Order issued for said work. Work shall be finally completed within thirty (30) Calendar Days after the date of Substantial Completion of the Work.

7. TERMINATION: Termination of this Contract or separate project orders shall be governed by

Sections 41 and 42 of the General Conditions.

8. COMPENSATION TO BE PAID TO THE CONTRACTOR: The University agrees to pay and the Contractor agrees to accept as just and adequate compensation for the performance of the Work in accordance with the Contract Documents as stated and described within the Project Orders issued to the Contractor(s).

9. PAYMENTS: The Contractor shall be registered in eVA. Please refer to the eVA Vendor

Registration Requirements at https://eva.virginia.gov/register-now.html. The procedures for establishing a Schedule of Values for the Work, for requesting monthly progress payments for Work in place, and for requesting payments for properly stored materials are stated in the General Conditions. Unless otherwise provided under the Contract Documents, interest on payments due the Contractor shall accrue at the rate of one percent per month. §2.2-4354 of the Code of Virginia.

Invoices shall be submitted to the University through the University’s project management software, e-builder. Directions on this process can be found at the following link:

https://gmufacilities.freshdesk.com/support/solutions/articles/33000235850-submit-construction-pay-application-co12-

Submission of a current, updated and accurate project schedule including critical path is a requirement with submission of every pay application and if project schedule is not submitted, pay application will be rejected.

10. PROJECT CHANGE ORDERS: : The Owner may at any time, by written order utilizing the

Change Order (CO-11) and without Notice to the sureties, make changes in the Work which are within the general scope of the Contract, except that no change will be made which alone will increase the total Contract Price to an amount more than twenty percent (20%) in excess of the original Contract Price without Notice to sureties.

Project change orders will be submitted and processed through Mason’s e-Builder System using the Construction – FCO (FCO) Process within the system. Each Project Change Order (FCO) is required to follow the General Conditions of the Construction Contract (CO-7), Section 38 – Changes in Work and submitted in Mason’s e-Builder System as stated below:

• Using the HECO-GC-1 Form – Change Order Estimate (General Contractor) is preferred;

• Using the HECO-SC-1 Form – Change Order Estimate (Subcontractor) is preferred;

• Using the HECO-SS-1 Form – Change Order Estimate (Sub-Subcontractor) is preferred;

• The above and latest version of these forms can be found on Mason’s Facilities Website:

https://facilities.gmu.edu/resources/heco-dgs-forms/#heco-forms-public/

• These forms are highly recommended and preferred for submission of change order costs. If the Contractor opts to use their own forms, the Contractor shall, at a minimum, include the information and required breakdown listed on the HECO Change Order Forms. Mason reserves the right to reject the Contractor’s change order and/or request additional backup https://eva.virginia.gov/register-now.html https://gmufacilities.freshdesk.com/support/solutions/articles/33000235850-submit-construction-pay-application-co12-https://gmufacilities.freshdesk.com/support/solutions/articles/33000235850-submit-construction-pay-application-co12-https://facilities.gmu.edu/resources/heco-dgs-forms/#heco-forms-public/ information, background and justification / narrative if the forms do not meet the minimum standards.

• These forms shall be completed by change order task and will be quantified by hourly rate, each, linear foot, square foot, cubic yard, etc.

• All Direct Material Costs will include back-up receipt documentation

• All Direct Equipment Costs will include back-up receipt documentation

• All submitted project change orders will include all documentation for requested change, which can include, but not limited to, Architectural Supplemental Instruction; Architectural Instruction; Construction Change Directive; Bulletin; Request for Information; Project Drawing Revisions; Floor Plans, etc.

• Project change orders that are submitted not following these instructions will be returned to the contractor for revision.

Project change orders that are requesting an extension of the current project schedule are required to submitted as stated herewith, but to also include a detailed justification for requested extension on contractor’s letterhead as well as a current project schedule that includes requested schedule extension and critical path.

11. PROJECT CURE NOTICES: Mason may also opt to preclude firms awarded a Term Contract from all or certain types of future project orders / scopes solicited under this Term Contract award due to performance concerns. Mason may opt, at their sole discretion, to preclude the Contractor from future solicitations / project orders issued under this Term Contract if they receive two (2) or more Cure Notices on any one (1) project and/or four (4) total in any number of projects within a twelve-month (12) period OR if the deficiencies on a project(s) are found to be so severe or remain unsatisfactorily resolved that Mason does not feel confident in the Contractor’s ability to perform on future project orders. This only applies to solicitations and scopes issued under this Term Contract award and does not preclude the Contractor from bidding / offering on any publicly posted solicitations on the Commonwealth of Virginia’s e-Procurement Website, eVA and is not considered a debarment.

12. INSURANCE: Contractor and subcontractor will provide a Certificate of Insurance in accordance with the requirements of the General Conditions of the Construction Contract (CO-7) before commence of work.

13. “ALL RISK” BUILDER’S RISK INSURANCE: All Builder’s Risk Insurance requirements will be defined in each Project Order. If a Project Order’s scope of work is a modification to an existing building, in accordance with Section 12(b) – Owner Controlled During Construction of the General Conditions, the requirements of Section 12(a) – Contractor Controlled during construction of the General Conditions do not apply.

14. STANDARD LABOR AND MATERIAL PAYMENT BOND AND STANDARD PERFORMANCE

BOND: Bonding requirements will be defined in each Project Order.

15. PARKING AND PERMITS: Contractors are required and responsible for all parking permits required / needed to perform and complete all work associated with this Invitation for Bid. All parking permit requirements, guidelines and fees can be found by utilizing the links below:

Virtual Permit Program - https://transportation.gmu.edu/virtual-permit/ https://transportation.gmu.edu/virtual-permit/

Parking Permit Rates - https://transportation.gmu.edu/policies/#ParkingPermitsFees

16. CONTRACTUAL CLAIMS: Any contractual claims shall be submitted in accordance with the contractual dispute procedures set forth in Section 47 of the General Conditions and the supplemental instructions or procedures of the contracting State Agency, if any, attached to this Contract.

17. ELECTRONIC CARD ACCESS: Contractors are responsible for electronic access cards that are issued by Mason for awarded contracts on our campuses. It's the responsibility of the contractor to return the access card(s) issued upon final completion of the project. If a card(s) are lost, stolen, misplaced or not return upon final completion, the contractor will be responsible for the cost incurred, which is $40.00 per card issued.

18. NON-DISCRIMINATION: § 2.2-4311 of the Code of Virginia applies to this contract. See

Section 4 of the General Conditions.

19. AUTHORIZATION TO TRANSACT BUSINESS: The Contractor certifies that, if it is organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership, it is authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title

13.1 or Title 50 of the Code of Virginia, or as otherwise required by law, and shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the Contract. The Contractor understands and agrees that the Owner may void this Contract if the Contractor fails to comply with these provisions.

20. DEBARMENT AND ENJOINMENT: By signing contract, the undersigned certifies that this Contractor or any officer, director, partner or owner is not currently barred from bidding on contracts by any Agency of the Commonwealth of Virginia, or any public body or agency of another state, or any agency of the federal government, nor is this Contractor a subsidiary or affiliate of any firm/corporation that is currently barred from bidding on contracts by any of the same.

IN WITNESS WHEREOF, the parties hereto on the day and year written below have executed this agreement through Mason’s e-Builder System of which shall, without proof or accountancy for the other counterparts, be deemed an original thereof.

For the CONTRACTOR: For the OWNER:

(Contractor Name) GEORGE MASON UNIVERSITY

By: ___________________________________ By: _____________________________________

(Signature) (Date) (Signature) (Date)

(Typed Name) Typed Name Title Title https://transportation.gmu.edu/policies/#ParkingPermitsFees

ATTEST:_______________________________ATTEST:__________________________________

(Signature) (Date) (Signature) (Date)