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IMCO General Construction 5/9/2022
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IMCO General Construction 5/9/2022
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Last modified
5/13/2022 8:45:49 AM
Creation date
5/13/2022 8:42:22 AM
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Contracts
Contractor's Name
IMCO General Construction
Approval Date
5/9/2022
Council Approval Date
5/4/2022
End Date
4/1/2023
Department
Administration
Department Project Manager
John Nottingham
Subject / Project Title
WFP Phase 2 Capital Upgrades
Tracking Number
0003343
Total Compensation
$2,723,318.68
Contract Type
Capital Contract
Retention Period
10 Years Then Transfer to State Archivist
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requested Change Order; (b)specific request for change in Contract Time(number <br /> of days); and (c) all documentation supporting the Request for a Change Order, <br /> including but not limited to all cost records, schedule analysis, and the documents <br /> identified in the Contract Documents, that are in any way relevant to the Design- <br /> Builder's Request for Change Order. <br /> 9.1.3.3 Pending resolution of Design-Builder's Request for a Change Order, Design- <br /> Builder shall continue to perform all Work including, at the written request of the <br /> Owner, the work associated with the pending Request for Change Order. <br /> 9.1.3.4 A Request for Change order that is not accepted by Owner within 30 days after <br /> receipt by Owner is deemed denied. <br /> 9.1.3.5 If Design-Builder disagrees with denial of a Request for Change Order,the Design- <br /> Builder's sole remedy shall be to file a fully documented Claim in accordance with <br /> Article 10 within 30 days after Design-Builder's receipt of the denial or within thirty <br /> (30)days after the denial is deemed to have occurred under Section 9.1.3.4 above. <br /> 9.1.4 Unilateral Change Order. Owner may unilaterally issue a Change Order at any time, <br /> without invalidating the Contract and without notice to sureties. If any such Change Order causes <br /> an increase or decrease in the cost of, or time required for, performance of any part of the Work, <br /> Owner may make an adjustment in the GMP, Contract Time, or both, in accordance with the <br /> Contract Documents. If Design-Builder disagrees with the adjustment to the GMP or Contract Time <br /> as indicated in a Unilateral Change Order, Design-Builder's only remedy shall be to file a fully <br /> documented Claim in accordance with Article 10. Regardless of any such disagreement, the <br /> Design-Builder is required to continue with performance of all Work, including work associated with <br /> the Unilateral Change Order. <br /> 9.1.5 Owner Change Order Proposal. Change requests may be initiated by Owner through a <br /> Change Order Proposal submitted to Design-Builder. Such a request is for information and pricing <br /> only, and is not an instruction to execute changes or to stop work in progress, unless issued as a <br /> Work Change Directive. Upon receipt of the Owner Change Order Proposal, the Design-Builder <br /> shall promptly submit its proposed costs and pricing. If Owner and Design-Builder agree to the <br /> terms of the cost and pricing for the proposed change, they shall execute a mutually acceptable <br /> Change Order to authorize the change. <br /> 9.2 Work Change Directives <br /> 9.2.1 A Work Change Directive is a written order prepared and signed by Owner, directing a <br /> change in the Work prior to agreement on an adjustment in the GMP and/or the Contract Time(s). <br /> 9.2.2 Owner and Design-Builder shall negotiate in good faith and as expeditiously as possible <br /> the appropriate adjustments for the Work Change Directive. Upon reaching an agreement, the <br /> parties shall prepare and execute an appropriate Change Order reflecting the terms of the <br /> agreement. <br /> 9.3 Minor Changes in the Work. Minor changes in the Work do not involve an adjustment in the GMP <br /> and/or Contract Time(s)and do not materially and adversely affect the Work, including the design, <br /> quality, performance and workmanship required by the Contract Documents. Design-Builder may <br /> make minor changes in the Work consistent with the intent of the Contract Documents, provided, <br /> however that Design-Builder shall promptly inform Owner, in writing, of any such changes and <br /> record such changes on the documents maintained by Design-Builder. <br /> GENERAL CONDITIONS OF PROGRESSIVE DESIGN-BUILD CONTRACT,Page 21 <br />
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