CMAR_CM_Precon_SA.pdf

PDF 169 KB Posted

Attached to
Request for Qualifications - Task Order Construction Agreement - Multiple Roofing Projects
Solicitation number
147352
Issued by
Fresno County, Fremont City, California

About this file

This is a Construction Manager at Risk (CMAR) Preconstruction Services Agreement executed by the Trustees of the California State University for a public works project. The agreement establishes the contractual framework under which a Construction Manager will provide preconstruction services in accordance with California Public Contract Code Section 10700 et seq. The CM shall furnish all necessary labor, materials, and equipment to complete the project in a skillful manner. The contract term begins upon receipt of a fully executed agreement and written authorization to proceed from the Trustees and continues for a specified duration, with work elements initiated during the term continuing through completion and acceptance. The CM is prohibited from performing services exceeding the agreement amount without prior written authorization from the Trustees. The agreement incorporates by reference Rider A (Service Agreement General Provisions) and Exhibit A (Scope of Services, Term, and Payment Schedule), which define the specific deliverables, timeline, and compensation structure.

The total contract amount and payment schedule are detailed in Exhibit A, with payment made in accordance with the performance milestones outlined therein. This preconstruction services agreement is part of a larger three-year Task Order Construction Agreement for multiple roofing projects with a Total Maximum Budgeted Cost not to exceed $9,600,000 across all projects, with individual projects capped at $2,000,000. The General Contractor must hold a California C-39 license and the Architect must be licensed to practice in California, with both parties requiring prequalification with the Capital Planning, Design and Construction Department of the CSU Office of the Chancellor. All projects are subject to prevailing wage rate laws monitored by the California Department of Industrial Relations, and contractors must comply with a minimum three percent (3%) subcontracting requirement for Disabled Veteran Business Enterprises. The Trustees make no guarantee regarding minimum volume of task orders or construction agreements under this contract.

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Text version

CMAR – CM Service Agreement 12/1/2022

SERVICE AGREEMENT

Construction Manager at Risk Preconstruction Services

This AGREEMENT is made and entered into this <day of month> day of <month>, <Year> pursuant to the Public Contract Code 10700 et seq., by and between the Trustees of The California State University on behalf of

University Agreement No: Amendment No: Project No: Project Name:

<Official Campus Name> <Agreemt #> <Amnd# or N/A>

<Project No.> <Project Name> hereafter referred to as Trustees, and CM, CSU Vendor ID No. Federal ID No: License No:

<Full Legal Name of CM> <CSU ID #> <Fed ID #> <License# or N/A>

WITNESSETH: That the Construction Manager (CM) in consideration of the covenants, conditions and agreements of the Trustees herein contained, does hereby agree to furnish all labor, materials, and equipment and to perform all work necessary to complete, in a skillful manner, the following:

The CM is to <Provide a brief description of the scope of work, full description can be in Rider A> for the Public Works Project, <Project Name>, Project No. <Project #> located at <Campus or Location>. The CM shall provide the required services necessary in accordance with the following Riders, which by this reference are incorporated herein and made part of this Agreement.

Rider A – Service Agreement General Provisions, consisting of three (6) pages.

Exhibit A - Scope of Services, Term, and Payment Schedule, consisting of <No of Pages, written and numeric> pages;

The term shall begin upon receipt of a fully executed agreement and written authorization to proceed from the Trustees and shall end <# of days> days from that date. Work elements started during the term shall continue through their completion and acceptance by the Trustees.

The CM shall not perform services in excess of the Agreement without prior written authorization to proceed from the Trustees.

CM shall report to <Name, Position, Department, Campus, Email, Phone #>.

The total amount to be expended under this Agreement shall not exceed <Dollar value of contact, written and (numeral)>. Payment shall be made in accordance with Exhibit A.

IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon date first above written.

THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY Construction Manager Campus Full Legal Name of CM

<Official Campus Name> <Name of CM> By (Trustees’ Authorized Signature)

By (CM‘s Authorized Signature)

Printed Name and Title of Person Signing for Trustees Printed Name and Title of Person Signing for CM

<Printed Name and Title of CSU Person Signing> <Printed Name and Title of CM Person Signing> <University Department of Signatory>

<Address of Signatory>

<Address of Signatory>

Fund Sub Fund Agency Yr Ref/Item Category Program Element Component Chapter Fiscal Yr Legal Reference SCO Account Data:

Fund Name PS Account PS Fund PS Dept ID PS Program PS Class PS Project/Grant

<Name of Fund> Amount Encumbered I hereby certify upon my own personal knowledge that budgeted funds are available for the period and $<Encumbrance> purpose of the expenditures stated above.

Amount of Increase $<Increase>

Signature of Accounting Officer

Date

Amount of Decrease I hereby certify that I have examined the written Agreement and find the same to be in accordance with $<Decrease> the requirements of the California State University Contract Law. Dawn S. Theodora, Executive Vice Chancellor and

General Counsel (Interim)

Total Amount Encumbered $<Total Encumbrance>

By Attorney: Date

SERVICE AGREEMENT
I hereby certify upon my own personal knowledge that budgeted funds are available for the period and
I hereby certify that I have examined the written Agreement and find the same to be in accordance with

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