TOOL FOR ASSEMBLING THE
SUPPLEMENTARY GENERAL CONDITIONS FOR
CONTRACT GENERAL CONDITIONS FOR
CONSTRUCTION MANAGER AT RISK WITH GUARANTEED MAXIMUM PRICE PROJECTS
General Note to Campuses:
These are not actual Supplementary General Conditions (SGCs) but a tool for you to build your SGCs for your project. If you have any questions feel free to contact James Hoffman at 562-951-4135 or Barbara Nicholson at 562-951-4117. The Office of General Counsel has reviewed and approved the following changes.
Please check the CPDC web site to be sure you have the most current version prior to drafting your Supplementary General Conditions. The web site is www.calstate.edu/cpdc/cm under ‘Construction Management.’ Office of General Counsel must approve any changes to the standard Supplementary General Conditions.
Making Changes:
Deletions: as done below in the LCP provisions, identify the article number and subsection as applicable, then say “delete the following:”. Below this you would copy the text that is to be deleted. If deleting the entire section, then you don’t have to copy all of the deleted text, just say “is deleted” after the article number.
Changes to GCs text: identify the article number and subsection as applicable, then say “Delete article xx
and replace with the following:”. Below this insert the new text.
Additions to GCs text: identify the article number and subsection as applicable, then say “add the following:”. Below this insert the new text.
Optional Provisions: Sometimes CPDC creates contract language that may apply to certain situations, and identifies those sections as such. For example, below are the conditions to be inserted into state bond-funded contracts where the CSU Labor Compliance Program manages labor compliance instead of DIR. Go through these options, and if they apply to your project, use them, and if not, delete them prior to inserting into your front-end documents.
Note to Campuses: The following two amendments to Article 4.02-c of the Contract General Conditions are to be used only for projects funded by the Kindergarten University Public Education Facilities Bond act of 2002 & 2004, or by State-issued bonds. State-issued bonds include general obligation and lease revenue bonds. Systemwide revenue bonds are not considered State-issued bonds. If your project is not funded with one of these bond acts or bond types, then do not use these provisions.
●Article 4.02-c, add the following:
In accordance with Labor Code Section 1771.7, this project is subject to the Trustees’ labor compliance program. Any questions regarding the payment of prevailing wages, or enforcement thereof, should be directed to the Trustees’ Labor Compliance Program office at the CSU Chancellor’s Office, Capital Planning, Design and Construction, 401 Golden Shore, Long Beach, CA 90802-4210, e-mail , telephone 562-951-4105. The limited exemption from prevailing wages pursuant to Labor Code section 1771.5(a) does not apply to contracts under the jurisdiction of the Labor Compliance Program.
●Article 4.02-c (6), delete and replace with the following:
Contractor shall submit for its workers and those of all subcontractors all certified payroll records on a monthly basis in the manner described in the Labor Compliance Checklist form CSU-LC-00. Contractor and subcontractors shall submit certified payroll records using the Trustees’ online certified payroll reporting system, MyLCM; information regarding use of MyLCM can be obtained by contacting the Trustees’ Labor Compliance Program office identified in Article 4.02-c, above. Pay applications must contain printed proof [or a printed copy of the MyLCM page confirming proof] of electronic submission of all certified payroll records in accordance herewith.
Contractor must submit for itself and all subcontractors Trustees-requested documentation, including Hourly Labor Rate Worksheets for change order Work as requested by the Trustees, and the following documents described in the Labor Compliance Checklist, form CSU-LC-00, and in the manner required by the Labor Compliance Checklist or as otherwise directed: a signed Certification/Acknowledgement of Checklist, Statements of Compliance, Authorization to Certify, Fringe Benefit Statements, Non-Performance Payroll Reports, Employee Deduction Authorization Forms, Public Works Contract Award Information (DAS 140), Request for Dispatch of an Apprentice (DAS 142), California Apprenticeship Council-Training Fund Contributions (CAC 2). Contractor shall submit all documents (either on paper, electronically, on online) as directed by the Trustees.
Contractor and all subcontractors shall review and must comply with their requirements pursuant to CSU’s Labor Compliance Program Manual. The Labor Compliance Program Manual and other labor compliance forms are available at www.calstate.edu/cpdc/cm/Labor_Compliance/.
If Trustees’ Labor Compliance Program staff conducted an audit pursuant to this Article and established that there were violations of Chapter 1, Part 7, Division 2 of the Labor Code by the Contractor and/or any subcontractor that are not overturned by review under Labor Code section 1742, the Contractor and subcontractor are jointly and severally liable for the reimbursement of the reasonable actual cost of the audit and associated post-audit work by the Trustees’ Labor Compliance Program. Upon notice from the Trustees, the Contractor and/or any subcontractor shall reimburse the Trustees for said audit costs within 60 calendar days from the date of the invoice.
Tool for Assembling the
Supplementary General Conditions for
Contract General Conditions for Construction Manager at Risk with Guaranteed Maximum Price Projects
Revised April, 2013 - Page 2 of 2 pages