STW Agreement.docx

DOCX document 51 KB Posted

Attached to
Request for Qualifications - Task Order Construction Agreement - Elevator Repairs
Solicitation number
147361
Issued by
Fresno County, Fremont City, California

About this file

This is a Skilled and Trained Workforce Agreement form required by California State University (CSU) Trustees for bid and proposal submissions on construction projects. The agreement implements Assembly Bill 1235 (2025-2026), which mandates that contractors and all subcontractors at every tier use a skilled and trained workforce to perform work within apprenticeable occupations in the building and construction trades. The requirement applies to projects delivered through Construction Manager at Risk, Design-Build, Collaborative Design-Build, and Task Order Construction Agreement delivery methods, with certain exceptions for projects subject to specified project labor agreements and housing development projects. Contractors must include equivalent skilled and trained workforce requirements in all applicable subcontracts and obtain required commitments before covered work is subcontracted. The agreement becomes effective when the contractor is selected for the project and the first agreement between the Trustees and Contractor is awarded on or after January 1, 2027.

The form must be completed, signed in the contractor's legal name as licensed by the California Contractors State License Board, and submitted with the bid or proposal response. Failure to complete and submit the form may result in rejection of the response. Signatories acknowledge familiarity with California Penal Code section 72 and Government Code section 12650 et seq. regarding false claims, understanding that knowingly making false commitments or submitting payment claims while failing to honor this commitment may result in penalties for perjury and other remedies. The related Task Order Construction Agreement contract involves a three-year term with a total maximum budgeted cost not exceeding $2,400,000 across all projects, with individual projects capped at $400,000. All projects are subject to prevailing wage rate laws monitored by the California Department of Industrial Relations, and contractors must subcontract a minimum of three percent of the project to Disabled Veteran Business Enterprises.

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Skilled and Trained Workforce Agreement

SKILLED AND TRAINED WORKFORCE AGREEMENT

This form must be completed and submitted with the bidder’s or proposer’s response.

Failure to complete and submit this form as required may result in rejection of the bidder’s or proposer’s response.

University: Project Name: Project No.:

NOTICE TO ALL BIDDERS AND PROPOSERS

Assembly Bill 1235 (2025–2026) amends Public Contract Code section 10708 to provide:

“A contractor shall not be prequalified for, shortlisted for, or awarded a contract pursuant to this section unless the contractor provides an enforceable commitment to the trustees that the contractor and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1.”

AB 1235 includes exceptions for projects subject to specified project labor agreements and for projects or contracts involving the development of housing, including housing. Any applicable exception will be identified in the procurement documents.

For purposes of this procurement, the Trustees require the proposer to comply with the skilled and trained workforce requirement for projects delivered through Construction Manager at Risk, Design-Build, Collaborative Design-Build, and Task Order Construction Agreement delivery methods.

The complete text of Assembly Bill 1235 is available at:

Bill Text - AB-1235 California State University: skilled and trained workforce requirement

PROPOSER CONDITIONAL AGREEMENT

The undersigned proposer acknowledges the notice above and agrees that the proposer will comply with all skilled and trained workforce requirements applicable to this procurement.

The proposer provides the following conditional enforceable commitment:

The proposer, and its subcontractors and lower-tier subcontractors at every tier, shall use a skilled and trained workforce to perform all project work within an apprenticeable occupation in the building and construction trades.

The proposer shall include equivalent skilled and trained workforce requirements in all applicable subcontracts and lower-tier subcontracts and shall obtain the required commitments before covered work is subcontracted.

The proposer shall comply with all applicable certification, reporting, recordkeeping, verification, and enforcement requirements stated in the procurement documents, the resulting contract, and applicable law.

This agreement is project specific. It applies only to the project and procurement identified above and does not renew, amend, expand, or otherwise modify the bidder’s or proposer’s CSU prequalification.

The undersigned understands that this agreement does not guarantee shortlisting, contract award, approval of any subcontractor, or authorization to perform any specific scope of work.

This Agreement becomes effective when the Contractor is selected for the Project and the first agreement between the Trustees and the Contractor for the Project is awarded on or after January 1, 2027.

Upon those conditions, the undersigned authorized representative enters into a binding agreement on behalf of the Contractor that the Contractor and all subcontractors at every tier will use a skilled and trained workforce. The undersigned is familiar with California Penal Code section 72 and Government Code section 12650 et seq., pertaining to false claims, and understands that knowingly making a false commitment or submitting a payment claim while failing to honor this commitment may result in penalties for perjury and other remedies available under applicable law.

IMPORTANT NOTICE

This form must be signed in the same legal name and form in which the bidder or proposer is licensed by the California Contractors State License Board. Joint ventures or other combinations of business organizations must be properly licensed and must execute this form in the same name and form as the bid or proposal.

Legal Name of Bidder or Proposer:

Authorized Signature:

Printed Name and Title:

Date:

Contractor License No.:

DIR Public Works Registration No.:

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File details come from the government source that posted it. Updated .