Agreement No. <Agreemt #>
<Name of Service Provider>
Rider A, Page 1 of 4 pages
Rider A – Scope of Preconstruction Services and Payment
1.
For:
Project Number:
Project Name:
Campus:
Preconstruction Budget:
Lump Sum Fee (%):
Agreement Amount:
Architect:
2.
Part A, Preconstruction Phase: The CM shall perform preconstruction services as follows:
a.
Design Phase Services: During this phase CM shall work closely with the Trustees and the Project
Architect (Architect) on the following tasks:
(1)
Design Review: CM shall work with the Architect in reviewing and developing the design and
construction documents, taking into account the quality of the materials and equipment, to ensure
the most efficient design and minimum lifecycle cost. The design documents are at pre-schematic
phase. CM shall provide information, estimates, schemes, and make recommendations regarding
construction materials, methods, systems, phasing, schedules, and costs, and shall participate in
design decisions to provide the highest quality building within the budget and schedule.
(2)
XXXXX
XXXXXXXXXX
California State University, XXXXXXXXXXX
$
Total fee percentage for Preconstruction Services
$(100% of the total fee for Preconstruction Services)
XXXXXXXXXXXXXXXXXX.
CM shall provide phasing and project schedule analysis at each of the major design milestones
including all of the preconstruction, bidding, entitlement, regulatory agency permits and other
project-related scheduling issues and activities. CM shall update the schedule as necessary to
reflect the most recent project developments.
(a)
CM, with the assistance of the Architect/Engineer, shall develop a project schedule (format
to be approved by the Trustees) identifying the following:
(i)
Project phase submittals (from A/E contract Exhibit F)
(ii) Review times assumptions (from A/E contract Exhibit F)
(iii) Submittal dates for CPDC review and submittal of Board of Trustees (BOT) items
(iv) BOT meeting date
(v)
Plan submittal (from A/E contract Exhibit F)
(vi) Back check submittal (from A/E contract Exhibit F)
(vii) Prebid operations
(viii) Bidding
(ix) Notice to Proceed
(x)
Construction duration
(xi) Campus Group II Equipment outfitting
(xii) Classes begin/building program operations begin.
(b)
This schedule shall be reviewed with the University at all project meetings and updated by
CM at each submittal.
(3)
Constructability Review: CM shall check the documents for completeness and coordination and
make recommendations to the Architect. CM shall conduct full and complete constructability
reviews at 50%, 95% and 100% Construction Documents.
(4)
Cost Control Management: CM shall value engineer at each of the major milestones all building
systems along with life cycle analysis for major building elements. In conjunction with the
Architect, CM shall prepare a cost estimate and evaluate the cost estimate against the construction
budget. CM shall recommend, if necessary, the appropriate action to correct and/or avoid potential
cost overruns.
(a)
Project construction cost estimates shall be developed/updated and submitted as a part of
each of the following submittals:
(i)
100% Schematic Design (Schematic Design): CM shall provide an estimate of the
total construction cost of the project. Estimates for building projects shall be
CM Preconstruction Services Agreement
Revised February, 2016
Agreement No. <Agreemt #>
<Name of Service Provider>
Rider A, Page 2 of 4 pages
arranged in Uniformat format (a building systems organization format) detailed to
Level 2. This cost information shall also be summarized in a CPDC form 2-7 format.
(b)
(c)
(5)
(ii)
100% Preliminary Design (Design Development): CM shall provide an updated
estimate of the total construction cost of the project. Estimates for building projects
shall be arranged in Uniformat format detailed to Level 3. This cost information
shall also be summarized in a CPDC form 2-7 format.
(iii)
50% and 95% Construction Documents: CM shall provide an updated estimate of
the total construction cost of the project at 50% and 95% Construction Documents.
Estimates for building projects shall be arranged in Uniformat format detailed to
Level 4. This cost information shall also be summarized in a CPDC form 2-7 format.
Each cost estimate shall:
(i)
Reflect the best professional estimate of actual costs anticipated.
(ii)
Establish internal estimating allowances, consistent with good professional practice,
appropriate to the phase of development. Larger allowances are assumed held at
early phases gradually diminishing to zero at completion of final cost estimate. Do
not include a discrete line-item allowance for ‘contingency.’
(iii)
Adjust reported cost values to contract ENR CCCI value. Do NOT present costs to
the estimated start of construction, mid-point of construction or to present day
values. Questions regarding the calculation of ENR CCCI values should be
reviewed with the Project Administrator.
Authorization to proceed with the next step in the design process is contingent upon the
acceptance of the building cost estimates as compared to the Trustees’ construction budget.
Life Cycle Cost Analysis.
(a)
Assist the Architect in evaluating Life Cycle Cost and Value options including, but not
limited to, the following:
(i)
Building envelope
(ii)
HVAC
(iii) Lighting
(b)
The Life Cycle Cost Analysis shall be developed/updated and submitted as a part of each
of the following submittals:
(i)
100% Schematic Design
(ii) 100% Preliminary Design
(iii) 100% Construction Document Design
(6)
Approvals: CM shall monitor all regulatory approvals required during the design phase.
(7)
Trade Contractor Bid Packages: CM shall: gara
(a)
Develop the most logical, competitive, seamless and distinct trade bid packages with all
scopes of work included in the packages.
(b)
Include bid alternatives (deductive or additive) in each trade contractor bid package to
enable full utilization of the project budget.
(c)
Utilize the Trustees’ Contract General Conditions for soliciting trade bid packages, but
develop Supplementary General Conditions (with the Trustees’ participation and
subsequent approval) or Special Conditions that address the trade contracts, schedule for
trade contracts, and the responsibilities of all parties under a CM with a GMP procurement
method, where CM bids the project elements and enters into contracts with the trade
contractors.
CM Preconstruction Services Agreement
Revised February, 2016
Agreement No. <Agreemt #>
<Name of Service Provider>
Rider A, Page 3 of 4 pages
The CM shall include construction contingency in its fee proposal, and shall not require it
as part of trade contractors’ bids. The CM shall not cause the trade contractors to include
any construction contingency or allowances in their bids.
b.
(d)
Determine the number and make-up of the trade contractor bid packages and obtain
Trustees’ review and approval of the proposed trade contractor bid documents and trade
contractor agreements.
(e)
Trade contractor bid packages and Construction Documents will be provided to the trade
contractors at the CM’s expense as part of the Construction Phase Services Fee as detailed
in the RFP.
Bid Phase Services: With the review and approval of the Trustees and the assistance of the Architect,
CM shall solicit and competitively bid trade contractor bid packages complying with the applicable state
statutes and Supplementary General Conditions and Contract General Conditions as agreed upon by the
Trustees and CM.
(1)
CM shall warrant the construction documents against ambiguities, conflicts, or omissions in the
trade contractor bid packages, and guarantee to the Trustees that the total project shall be built for
the available construction budget where the aggregate of all trade contractor bids, including any
authorized alternatives, shall be less than, but close to, the construction budget and within the
construction duration identified in the Request for Proposals.
(2)
CM shall develop the initial Project Schedule. The duration of the initial Project Schedule shall
be the same as that for the Proposed Construction Schedule, as identified in the Request for
Proposals. Also develop and include in the trade contractor bid packages that portion or subset of
the initial Project Schedule that applies to that trade.
(3)
CM shall qualify its major trade contractors (at least mechanical, electrical, plumbing and those
trades where the estimated value of the trade work is over five percent of the Construction Budget)
utilizing the Trade Contractor Prequalification Document found in the Request for Proposals.
Once CM prequalifies the trade contractors, the CM shall provide a list of qualified trade
contractors to the Trustees.
(4)
CM shall identify a minimum of four qualified trade contractors for each trade bid package, unless
approved otherwise in writing by the Trustees’ Representative.
(5)
CM shall issue trade contractor bid packages to trade contractors. Identify in the bid packages the
construction budget for that trade.
(6)
CM shall achieve a minimum of 3% DVBE participation.{If University has elected to implement
the DVBE incentive, and the CM received bonus points in the scoring of its response to the
Request for Proposals, then the University should memorialize the CM’s commitment herein and
restate the penalty provisions found in the Request for Proposals.}
(7)
CM shall receive bids from trade contractors. Review the bids with the Trustees and Architect
and identify the lowest responsible bidder for each trade, including alternatives for that trade.
If the direct cost portion of the GMP exceeds the construction budget, then CM shall value
engineer the project back within the construction budget at CM’s cost. If the direct cost of GMP
exceeds the construction budget by five percent or more, then CM shall also pay the Architect’s
design fees associated with value engineering the project back into the construction budget.
(8)
Agreement on a Guaranteed Maximum Price (GMP): If the Trustees and CM agree to a
Guaranteed Maximum Price, the Trustees shall award a contract to the CM to construct the project
for the aggregate of the direct cost of the work, plus the CM’s fee for Construction Phase Services,
Contingency, and Overhead and Profit. The Preconstruction Construction Budget is $
, including the direct construction costs, but excluding total fees,
contingency, and overhead and profit.
CM Preconstruction Services Agreement
Revised February, 2016
Agreement No. <Agreemt #>
<Name of Service Provider>
Rider A, Page 4 of 4 pages
3.
After reaching agreement on a GMP, CM, by signing this agreement, agrees to execute a contract with the
Trustees for the construction phase of the project, and that contract shall incorporate the “Contract Documents”
as defined in Article 1.00 of the Contract General Conditions. Once the Trustees issue a Notice to Proceed for
the construction phase of the project, CM shall then enter into trade contracts with the lowest responsible
bidders in each trade. If the value of the trade contract is greater than one-half of one percent of the Construction
Budget, then that trade contractor shall be a listed subcontractor (trade contractor), and the Trustees shall
enforce Public Contract Code Section 4100 et seq.
4.
That the service agreement amount shall not exceed $
.
5.
Trustees payment to CM shall be as follows:
End of Schematic Design Phase, 20% of the service agreement amount
End of Preliminary Design, 20% of the service agreement amount
End of Construction Documents, 50% of the service agreement amount
End of Trade Contractor Bidding Phase and agreement on GMP, 10% of the service agreement
amount
6.
Invoices shall be submitted in duplicate, (including contract number, project name and project number) to the
attention of the Trustees’ Representative at the following address: (list complete mailing and physical address
for invoice submittal).
-End of Rider A-
CM Preconstruction Services Agreement
Revised February, 2016