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Synopsis of Changes to the State of Ohio CM at Risk Contract Documents for 2018

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The following documents have been revised on the OFCC's Standard Requirements page. The dates for recently revised documents will be shown as red on the website for approximately 2-3 months. Version Control Documents with changes tracked from the previous version and Combined Files have also been posted.

Revised Documents:

Professional Services tab

  • Exhibit A - A/E Standard Terms & Conditions (M110-01)

  • Exhibit B - A/E Scope of Services: CM at Risk Project (M110-23)

  • Exhibit B - A/E Scope of Services: K-12 School CM at Risk Project (M110-23.K12)

  • Exhibit D - Contracting Definitions: CM at Risk Project (M170-00 71 00)

    CM at Risk tab

  • Table of Contents (M170-00 10 10)

  • Request for Proposal (M170-00 11 19, M170-00 11 19.K12)

  • Instructions to Proposers (M170-00 21 16)

  • Agreement Form (M170-00 52 23, M170-00 52 23.K12)

  • Exhibit D - GMP Amendment (M170-00 53 23, M170-00 53 23.K12)

  • Performance Bond Form (M170-00 61 13.13)

  • Payment Bond Form (M170-00 61 13.16)

  • Acknowledgement of Surety (M170-00 61 13.19)

  • Contracting Definitions (M170-00 71 00)

  • General Conditions (M170-00 72 23)

  • Supplementary Conditions: K-12 School CM at Risk (M170-00 73 00.23.K12)

  • Wage Rate Requirements (M170-00 73 43)

The revisions include:

  • “Self-Performed Work” is now a defined term and must be performed by the CM’s or CM Affiliated Entity’s direct employees.

  • The CM’s obligation related to Defective Work and schedule deficiencies increased from “begin to correct … and recover” to “promptly commence and diligently pursue correction … and recovery.”

  • The obligation to notify insurers providing property insurance for the Project from “A/E with the assistance of the Owner” to “Owner with the assistance of the CM and A/E.”

  • The method for paying the CM’s Fee revised from “percent-complete progress basis” to “earned Cost of the Work on the basis of the CM’s Fee percentage identified in the Agreement.”

  • Introduced a requirement that the CM develop Alternates during Preconstruction Stages and permits the Owner to use ‘buy-out savings’ to incorporate them into the Project.

  • The CM is required to deliver to the Contracting Authority a new ‘Acknowledgement of Surety’ form to evidence that affected Surety or Sureties received notice of the increased penal sums.

  • The Contracting Authority’s receipt of an insurance company certified copy of complete insurance policy is now a condition precedent to payment of any portion of Contract Sum.

A complete synopsis of the changes to the CM at Risk Contract Documents is available on the website.

 

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