CM-MP_Construction_Services_Agreement_2019_informal_and_formal_bids_CUPCCAA.pdf

006140.00003 21783316.2

CONSTRUCTION SERVICES AGREEMENT

This Construction Services Agreement is entered into as of ______________________________, by and between the William S. Hart Union High School District (“District”), a California public school district, and ___________________________________________________________________ (“Prime Contractor”). In consideration of their respective rights and obligations pursuant to this Construction Services Agreement, the District and the Prime Contractor agree as follows:

Section 1. Project. The Work (defined in Section 2, below) is a portion of the overall work and services that will be required, on the basis of multiple prime contractors and facilitated by a Construction Manager, to complete the following Project:

Section 2. Scope of Work. The Prime Contractor shall furnish any and all labor, materials, equipment, tools, utilities, temporary facilities, transportation, goods and other services and things necessary for full completion of all construction and other services required in accordance with the Contract Documents for the following work (“Work”):

Section 3. Component Parts of the Contract. This Construction Services Agreement is but one component of the Contract that sets forth the complete understanding and agreement of the District and the Prime Contractor with respect to the performance of the Work. The Contract is composed of all of the Contract Documents, as may be amended in accordance with their provisions, and each such document is hereby incorporated as an operative and effective part of the Contract. The Contract Documents shall be deemed and construed to be complementary and an integrated whole. Any requirement or provision set forth in one Contract Document, but not in one or more of the other Contract Documents, shall be interpreted as if set forth in or applicable to all Contract Documents. The Contract Documents include, but are not limited to, all of the following:

(i) Notice Inviting Bids;

(ii) Instructions For Bidders;

(iii) Bid Category Scope of Work;

(iv) Bidder References and Information (only if required by the District pursuant to Section 26 of the Instructions For Bidders);

(v) Subcontractor Listing;

(vi) Site Visit Certification;

(vii) Construction Services Agreement;

(viii) General Provisions;

(ix) Special Provisions;

(x) Supplementary Special Provisions (only if applicable pursuant to Section 11 of the Special Provisions);

(xi) Specifications;

(xii) Drawings;

(xiii) Addenda Nos. _________________________________________________________________;

(xiv) Master Construction Schedule;

(xv) Acknowledgment of Master Construction Schedule and Phasing;

(xvi) Non-Collusion Affidavit;

(xvii) Certification Regarding Workers’ Compensation;

(xviii) Certification of DVBE Compliance (only if applicable pursuant to Section 19 of the Special Provisions);

(xix) DVBE Participation Statement (only if applicable pursuant to Section 19 of the Special Provisions);

(xx) Certification of Drug-Free and Tobacco-Free Workplace;

(xxi) Certification of Employee Background (only if applicable pursuant to Section 17 of the Special Provisions);

(xxii) Certification of Asbestos-Free Materials;

(xxiii) Notice to Proceed;

(xxiv) Performance Bond;

(xxv) Payment Bond;

(xxvi) Architect Field Directives;

(xxvii) Construction Change Directives;

(xxviii) Change Orders;

(xxix) Prime Contractor Guarantee; and

Certification of Safety Program, Lead Containing Materials Certification, Contract & Subcontract DIR Info, Section 4. Contract Time. The Prime Contractor shall mobilize and commence the Work on the date specified by the District as the date for commencing the Work (“Commencement Date”) in the notice from the District directing the Prime Contractor to proceed with the Work (“Notice to Proceed”). The District may defer issuing a Notice to Proceed as provided in the General Provisions.

The Prime Contractor must fully complete the Work within the overall number of consecutive days specified in the Special Provisions (“Contract Time”) and in accordance with the Master Construction Schedule developed by the District and/or the Construction Manager.

Section 5. Contract Price. As full consideration for the full and faithful performance by the Prime Contractor of each and all of its obligations pursuant to the Contract, the District shall pay to the Prime Contractor the total amount (“Contract Price”) of:

dollars ($___________________). The Contract Price is subject to increase and/or decrease as provided in the Contract Documents. The District shall pay the Contract Price to the Prime Contractor in accordance with the General Provisions.

Section 6. Defined Terms. Capitalized terms used, but not defined, in this Construction Services Agreement shall have the meanings ascribed to such terms in other of the Contract Documents.

Section 7. Due Authority of Signatories. Each person signing this Construction Services Agreement on behalf of a party (either the District or the Prime Contractor) represents and warrants that he or she has been duly authorized by such party to sign, and thereby bind such party to, this Construction Services Agreement and the Contract of which this Construction Services Agreement is a component part.

In witness whereof, the District and the Prime Contractor have executed this Construction Services Agreement by and through signature of their respective duly-authorized representatives, as set forth below.

William S. Hart Union High School District _____________________________________

By: __________________________________ By: __________________________________ Print Name: _________________________ Print Name: _________________________ Print Title: __________________________ Print Title: __________________________ Date Signed: _______________________ Date Signed: _________________________

By: __________________________________ Print Name: _________________________ Print Title: __________________________ Date Signed: _________________________