JMUCO-9CM (ER)

(Rev. 04/15) Page 1 of 4

JAMES MADISON UNIVERSITY

EARLY CONSTRUCTION WORK PACKAGE RELEASE TO

CONSTRUCTION MANAGER “AT RISK”

BEFORE A FULL GUARANTEED MAXIMUM PRICE

TO:Construction Manager:

Attn:

Address:

City, State, Zip:

Telephone:FAX:

Construction Manager’s Virginia License #:

FEIN/SSN:

SCC ID #:

FROM:Owner:

Attn:

Address:

City, State, Zip:

Telephone:FAX:

The Project is identified as:

Project Title:

Project Code – PC#:

The Project Code (PC#) indicated above is required to be shown for identification purposes on all project-related material and documents including but not limited to, Notices, Change Orders, Submittals, Requests For Information, Requests For Quotes, Field Orders, minutes of meetings, correspondence, Schedule of Values and Certificate For Payment (Form CO-12), test reports, and related materials.

In order to facilitate the project schedule, the following Early Construction Work Package(s) is/are

hereby released for construction:

(list the package(s) name(s) and amount(s))

The Construction Manager shall promptly release the Work Packages indicated above and proceed with the work of those packages including preparation of all shop drawings, submittals, and material orders so as to ensure the timely completion of the work of those packages per the project schedule attached. Work shall proceed in anticipation of the finalization of the Guaranteed Maximum Price and this agreement shall be superseded by the JMUCO-9CM Part 2 Construction Contract. In the event an agreement cannot be reached between the owner and the Construction Manager for the project scope and associated GMP, the construction manager shall be due the total of these Work Packages plus a pro-rated portion of the CM Fee and General Conditions Fee corresponding to the value of the early release packages listed above upon the satisfactory completion of all of the work of those packages.

The work of this contract shall be in accordance with the provisions of the General Conditions of the Construction Manager “at Risk” Construction Contract (Form CO-7CM).

CONTRACT DOCUMENTS: This Contract shall consist of the following:

-this Early Construction Work Package Release Agreement Between Owner and Construction Manager (Form JMUCO-9CM ER);

-eVA Vendor Registration Requirements

-the General Conditions of the Construction Manager “at Risk” Construction Contract, currentedition (Form CO-7CM),(referred to as the “General Conditions”)

-the Supplemental General Conditions, if any;

-the Work Package(s), Attachment “A”(for all packages listed above)

-the Project Schedule, Attachment “B”

All of these documents are incorporated herein by reference.

AUTHORIZATION TO TRANSACT BUSINESS:The Construction Managercertifies that, if it is organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership, it is authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia, or as otherwise required by law, and shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the Contract. The Construction Manager understands and agrees that the Owner may void this Contract if the Construction Manager fails to comply with these provisions.

eVA VENDOR REGISTRATION: The CM shall be a registered vendor in eVA. See the attached eVA Vendor Registration Requirements.

GCPay: Contract payments shall be made through GCPay. Go to to see the fee schedule and the instructions on how to process pay applications.

DEBARMENT AND ENJOINMENT: By signing contract, the undersigned certifies that this Contractor or any officer, director, partner or owner is not currently barred from bidding on contracts by any Agency of the Commonwealth of Virginia, or any public body or agency of another state, or any agency of the federal government, nor is this Contractor a subsidiary or affiliate of any firm/corporation that is currently barred from bidding on contracts by any of the same.

“ALL RISK” BUILDER’S RISK INSURANCE: As this project is a modification to an existing building, in accordance with Section 12(c) of the General Conditions, the requirements of Section 12(a) of the General Conditions do not apply.

As this project is new construction, the requirements of Section 12(a)- Contractor Controlled During Construction of the General Conditions shall apply.

IN WITNESS WHEREOF, the parties hereto on the day and year written below have executed this agreement in three (3) counterparts, each of which shall, without proof or accountancy for the other counterparts, be deemed on original thereof.

For the CONSTRUCTION MANAGER: For the OWNER:

By: ______By: ______

(signature in ink) (date)(signature in ink)(date)

______

(typed name)(typed name)

______

(typed title)(typed title)

Attest: Attest:

______

(signature in ink)(date) (signature in ink) (date)