Academic Project:

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Choose a Delivery Method:

Collaborative-Design-Build

This delivery method is a hybrid of the CMAR and DB. In the Phase 1 agreement, the owner and Design-Builder collaborate to develop a set of Design-Build documents and a Guaranteed Maximum Price (GMP) based on those documents and a Phase 2 Design-Build agreement as a product of the scope and GMP developed in Phase 1.

Construction Manager At Risk

This delivery method requires a construction manager (CM) to provide preconstruction services (Phase 1) for the design and a separate construction contract (Phase 2) to deliver the project. The design team develops the construction documents with the information provided by the owner and the CM at Phase 1. The CM commits to a Guaranteed Maximum Price (GMP) developed throughout Phase 1.

Design-Bid-Build

This is the traditional method of project delivery. It involves three phases: a linear design, bidding and construction. Construction documents are developed first by a design entity. Documents are competitively bid and the project is awardd to the contractor with the lowest price who is qualified, responsive and responsible.

Design-Build

For this delivery method, the owner awards a single agreement for design and construction after selecting a project solution through a best value project competition.

TOCA Collaborative Design-Build

This construction contract procurement method is used for performing multiple projects as individual tasks under a single master enabling agreement. Each task can be executed as either a Construction Manager at Risk (CM TOCA) or a Collaborative Design-Build (CDB TOCA) delivery method.

TOCA Construction Manager at Risk

This delivery method is used for performing multiple projects as individual tasks under a single master enabling agreement (MEA). Each task can be executed as either a Construction Manager at Risk (CM TOCA) or a Collaborative Design-Build (CDB TOCA) delivery.

Job Order Contracts

This construction procurement uses an annual contract with a prequalified contractor to accomplish minor capital outlay maintenance, repair or improvement projects by utilizing a construction task catalog for pricing. Design services are typically separate from the JOC contract.

TOCA-Collaborative-Design-Build Steps

Design-Build Construction Phase Services (Phase 2)

Description:

TOCA Construction Agreement may be based on either Lump Sum or Guaranteed Maximum Price.

Definition of the Guaranteed Maximum Price (GMP): “the maximum price that the Trustees and Contractor agree upon as payment for managing, providing and installing all the Work.” The GMP is the Not-to-Exceed Contract Amount.

Definition of the Lump Sum Price: Under a lump sum contract, a single 'lump sum' price for all the work is agreed before the work begins. It is defined as; "a fixed price contract where contractors undertake to be responsible for executing the complete contract work for a stated total sum of money" The Lump Sum is the maximum amount which the Trustees will pay the Contractor for completion of the design, preconstruction services, and construction of the project, except as may be adjusted by change orders. Contractor shall be responsible for any cost overrun of the Lump Sum.

Once Trustees and the Design-Builder have agreed upon a GMP, the Trustees will award a Phase 2 collaborative design-build construction agreement to the builder incorporating the Contract General Conditions and Supplementary General Conditions.

The phase 2 agreement will incorporate the Design-Build Contract Documents; updated criteria; direct construction cost budget; GMP; contingency; remaining design fees; site management fees; payment and performance bond premiums; overhead and profit; and schedule as agreed upon in Phase 1.

Notice of Intent to Award Proposal Letter: Contract/Construction Administrator shall use the Notice of Intent to Award Letter which is signed by the approving authority transmits to the Contractor for signature the Contract Documents, which include the agreement form for Phase 2, performance & payment bonds, certification, and the payee data record (STD204).

Preconstruction Conference:

The Trustees’ construction administrator and the builder shall co-conduct a preconstruction conference with the trade contractors, design personnel, and other appropriate Trustees’ staff. The preconstruction conference services include preparation of meeting agenda, preparation of job procedures for clarifications, change orders, shop drawings, progress payments, field testing and inspection, safety, and preparation and distribution of preconstruction conference notes.

Trade Contractor Contracts:

After reaching agreement with the Trustees, the design-builder shall enter into contracts for the construction phase with the successful subcontractors in each trade.

Refer to Stage 5, Construction, for additional information on the Construction Phase.

References:

TOCA RFP for Hourly Rate Fee or Percentage Fee
Public Contract Code section 10820

CSU Owner-Controlled Insurance Program (OCIP)

Description:

OCIP is not required for TOCA agreements due to the maximum project size of $7 million.

References:

Contract General Conditions, Insurance section: provide link

Forms & Templates:

CSU OCIP Project Identification Sheet
(http://www.calstate.edu/cpdc/CM/OCIP.shtml).
Link to Construction Insurance webpage and associated documents

CSU Builders Risk Insurance Program (BRIP)

Description:

established for all major capital outlay projects, this program includes builders risk insurance and self insurance for earthquake coverage. A builder's risk policy is not a liability policy; it is a policy covering property, i.e. structures and building materials. Contractors bid the project without this coverage, and are responsible for the deductibles. Maximum coverage is $50,000,000 per occurrence, in excess of the deductibles.

Enrollment: Campuses must enroll their projects to obtain builder risk insurance coverage by submitting an application contained in the Construction Insurance database on the MetaBIM website (https://calstate.metabim.com/dash/caps/brip/Default.htm). The optimum time to enroll the project into the BRIP database is when Construction Administrator/Campus advertises the project. Once Notice to Proceed is issued, Construction Administrator must update the database online and upload the NTP.