POLICY OBJECTIVE

To administer public works contracts under the authority given the Trustees in the Public Contract Code including those sections, referred to as The California State University (CSU) Contract Law.

POLICY STATEMENT

9207 SELECTION AND APPOINTMENT OF PROFESSIONAL SERVICES PROVIDERS

Reference: Public Contract Code Sections 10701(b), and 10707.

The selection of firms to provide professional services in connection with a public works project shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. Further, these services are to be obtained at fair and reasonable cost to the CSU. The CSU also has adopted procedures to encourage the participation of small businesses, and Disabled Veteran Business Enterprises (DVBE) firms in this process.

9207.01 SELECTION CRITERIA AND APPOINTMENT PROCEDURES

Although the CSU does not procure professional services on the basis of competitive bids, it is obligated to obtain the best services at fair and reasonable costs (See also SUAM, Section 9208.04, Compensation).

The following professional services employ specified criteria and procedures as shown for work in connection with public works projects:

9207.01.01 PREQUALIFIED PROJECT ARCHITECTS

Project architects shall be appointed in accordance with trustees’ policy as described in SUAM, Section 9204.02: Policy On The Appointment Of Architectural Firms For State And Nonstate Funded Major Capital Outlay Projects.

9207.01.02 PROJECT ENGINEERS

The CSU maintains systemwide prequalification only for architectural firms. Systemwide prequalification for engineering firms and other service providers is not required. The campus shall either solicit its own proposals or use its appointed consulting engineer. If the campus declines to make that appointment, the campus shall solicit statements of qualifications from at least three other engineering firms. Qualifications should be evaluated by the campus according to the following criteria:

l. Experience relevant to the project including construction administration.

2. Design and technical engineering ability.

3. Demonstrated competency in performing under budget, program, and schedule requirements of the job.

4. Prior work for a university or CSU.

5. Understanding of program requirements.

6. Availability of key personnel.

7. Schedule and budget performance record.

9207.01.03 PROJECT LANDSCAPE ARCHITECTS

The campus shall either solicit its own proposals or use its appointed consulting landscape architect. If the campus declines to make that appointment, the campus shall solicit statements of qualifications from at least three other landscape architect firms.

If a firm other than the consulting landscape architect firm is desired, campuses should utilize the same sequential steps for the selection of a project landscape architect as detailed above for securing an engineer.

9207.01.04 CONSTRUCTION MANGERS AND INSPECTORS OF RECORD

Reference: SUAM Section XII, 9792, Duties and Responsibilities During Construction Phase.

Campuses shall estimate the manpower requirements for construction management (CM) and inspector of record (IOR) duties that will be required for each project. Campuses may elect to perform these duties in-house with qualified campus staff or obtain outside construction management and/or construction inspectors of record
to provide these services for the project. In either case, the credentials for Inspectors of Record shall be appropriate to the project and in conformance with SUAM, Section 9785.01, Credentials for Inspector of Record.

Construction management and inspector of record services shall be provided under a service agreement between the trustees and the firms furnishing these services. The construction administrator shall use a Request for Proposal process to contract with a firm to supply these services (reference SUAM 9785). The response should
include, at a minimum, the inspector’s hourly rate, the approach to the work or methods to be used, the number and types of inspections anticipated as required by applicable construction codes and laws, and the inspector’s resume. Note, construction management services are considered professional services and thus fee considerations should be secondary to qualifications of the services provided.

References should be checked and various clients should be contacted to determine performance records. Other selection factors should include:

Previous satisfactory work for the CSU or other public institutions

Certification by the International Conformance of Building Officials (ICBO) or other appropriate certifications for the type of construction contemplated.

Prospective CM/IOR’s should be interviewed by campus personnel. Fees will vary according to geographic area and credentials. CPDC is available to assist in evaluating qualifications and assessing the fairness and reasonableness of costs. The CM/IOR service agreement shall specify the hourly rates and also the lump sum
estimated maximum cost for the job. Reference 9792.05 and 9792.06 for duties and responsibilities on major capital outlay projects. All service agreements in connection with a construction project shall be approved by the Office of General Counsel (Public Contract Code Sections 10707 and 10820).

9207.01.05 MISCELLANEOUS SERVICES

Testing services and project related studies shall be contracted by the campus for the proper and timely execution of capital outlay projects. Such services may include, but are not limited to, planning services, soils analysis, feasibility studies, hazardous materials surveys, constructability reviews or equipment testing and
analysis. Campuses should use applicable criteria such as those specified in the preceding sections for the selection of individuals or firms. The primary objective is the selection of the best-qualified firm at a fair and reasonable cost. Care shall be taken to appropriately apply prevailing wage rates for public contract work.
Prevailing wage rates may apply to portions of work (i.e., the survey component of a soils report) or may allow for special determinations (i.e., residential versus commercial rate scales). Given the complexity and changing nature Prevailing Wage Law Campuses are encouraged to contact CPDC for assistance as necessary.

APPLICABILITY AND AREAS OF RESPONSIBILITY

REVISION HISTORY

RESOURCES AND REFERENCE MATERIALS

Useful Guidelines:

Related Principles:

Sound Business Practices:

Laws, State Codes, Regulations and Mandates:

COGNIZANT OFFICE(S)

CO Manager:

Nancy Freelander-Paice
Executive Program & Fiscal Manager, CPDC AVC Office
CSU Office of the Chancellor
nfreelander-paice@calstate.edu

Subject Expert: