For the various project delivery methods, the Service Agreement type may differ depending on the project delivery method: Design-Build (DB), Collaborative Design-Build (CDB), Construction Manager at Risk (CMR), or Task Order-Construction Agreement (TO-CA), which can be CDB or CMR. These are briefly described in the following:
DB: The campus will not issue a service agreement to the contractor for the project design or preconstruction work; instead campus will issue a single Design-Build construction agreement for the project, under which the design-builder will fullly design and build the project.
CDB: The campus will issue a service agreement for Phase 1 design services, under which the DB will perform design services as described in the RFP. The campus may also issue a Phase 1 preconstruction services agreement, under which the DB will perform preconstruction services as described in the RFP. For the Phase 2 construction phase, the campus will issue a Design-Build construction agreement.
CMR: The campus will issue a design services agreement to a design firm to fully design the project and manage design through Phase 2 construction phase, as the CM has no responsibility for design. The campus will issue a Phase 1 preconstruction services agreement, under which the CM will perform preconstruction services as described in the RFP. For the Phase 2 construction phase, the campus will issue a CM at Risk construction agreement.
TO-CA: Campus will solicit bids for the TO-CA Master Enabling Agreement (MEA), under which Campus will issue a task order, and the service agreement document used in the above CDB and CMR delivery methods is not used for TO-CA services. Campus specifies the delivery method to be used for the project in the task order. If Campus specifies in the task order that the TO-CA project delivery is CDB, Campus may issue two Phase 1 task orders to the selected contractor, one for design services, and the other, preconstruction services. If Campus specifies in the task order that the TO-CA project delivery is CMR, Campus will issue only one task order for preconstruction services. Campus will separately select and retain a licensed and prequalified architect for the project design services. Upon completion of Phase 1 services, Campus will issue the TO-CA Phase 2 construction phase CMR construction agreement.
Each of the above delivery methods has a website dedicated to that delivery method, and each website contains reference materials in addition to the form documents.
Service Agreement (AE website), Rider A, Exhibits A, B, and C as applicable, Conflict of Interest and Confidentiality Statement (form CLR057), Service Agreement Amendment Proposal, Payment Request for Service Agreement, Contract Award Report-STD.16, Payee Data Record-STD.204. If the Service Agreement is for IOR or PM services, include as applicable Campus Inspector Job Description, Responsibilities, Requirements, Weekly Activity Reports (and instructions for same), Monthly Construction Progress Report, Construction Daily Diary, Payment Request for PM/IOR, Authorization for Extra Hours. The CDB and CMR delivery methods will also use the Service Agreement for design and preconstruction services, and this template has been customized for the CDB and CMR delivery methods. For template documents, refer to the CDB and CMR delivery method forms on the CPDC website. TO-CA CDB and CMR delivery methods will use the Task Order form for services, and the appropriate TO-CA construction agreement (CDB or CMR) for the project construction. For template documents refer to TO-CA delivery method forms on the CPDC website.
Construction Phase Service Agreements:
The Trustees provide a project manager and/or inspector of record, plus testing by soils and materials testing laboratories for all major construction projects as appropriate. These construction phase services are provided under a service agreement between the Trustees and the firms furnishing project management and inspection, or testing laboratories (to furnish testing on materials, etc.).
See SUAM sections 9785 and 9786. Labor Code section 1720 requires payment of prevailing wage rates for contracted inspection, land surveying and related activities on public works construction projects. Public works registration with the DIR may be required.
Construction Administrator requests the Project Architect to submit a list of the anticipated types of testing that will be required with an estimate of the number and/or frequency of each type. The Project Architect is advised that requests for type and number of tests should be made judiciously in accordance with accepted code requirements. In order to have service agreements in place by start of construction, the Construction Administrator shall solicit and obtain proposals during the contractor"s trade bid period, from which interested firms will usually submit proposals or letters of interest when they see the project advertisement for trade contractor bids. Using the Project Architect"s estimate of tests required, the Construction Administrator then reviews the anticipated testing costs from the proposals submitted.
Trustees" policies in awarding a testing agreement are:
Selection of a testing lab is also based on:
Amendments or changes to service agreements are accomplished through the use of the same service agreement document, by identifying the amendment number at the top of the agreement signature page (first page). Typical reasons to issue an amendment are to establish new unit costs, make substantial changes to original quantities, increase/decrease the contract amount, add/delete scope of services, or adjust the term of the contract. Amendments should document actual services performed and also new services to be performed, so that encumbered funds are not expended against unauthorized services. Once the project is complete, and services for an agreement are no longer required, issue an amendment to credit the agreement, and disencumber the balance of the funds in the agreement.
Service Agmt Amendment Proposal Form: is used to identify the proposed change, the necessity for it, and will certify that funding is available. The originator of the request (usually the Construction Administrator) will sign the Recommendation for Approval, as will the Facility Planner and the Contracts Administrator, who will review the request to ensure that the change is within the following guidelines:
There should be 4 levels of approval for the amendment proposal and the amendment, as is done with Contracts:
When the proposed changes to the agreement are not in the preceding guidelines, the appropriate approving authority (i.e. Director/AVP or VP)) will indicate by checking the box below the signature line on the amendment proposal whether the amendment should be reviewed by General Counsel.
two original signature copies are required, one for service provider and the other for Construction Administrator files. Once returned by service provider with its signature, route agreement for signature by fiscal administrator and the appropriate approving authority, i.e. Director/AVP or VP.
General Prohibition Against Conflicts of Interest:
No public official at any level of state or local government shall make, participate in making or in any way attempt to use her/his official position to influence a governmental decision in which s/he knows or has reason to know s/he has a financial interest (Gov. Code section 87100; California Code of Regs Title 2, section 18700, et seq.). ""Public officials"" include state employees and consultants.
A public official has a financial interest in a decision if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the official, a member of his or her immediate family or on any of the following:
For purposes of this section, indirect investment or interest means any investment or interest owned by the spouse or dependent child of a public official, by an agent on behalf of a public official, or by a business entity or trust in which the official, the official"s agents, spouse, and dependent children own directly, indirectly, or beneficially a 10% interest or greater (Gov. Code section 87103).
CSU Conflict of Interest Code: Employees designated in the CSU Conflict of Interest Code must disqualify themselves from making or participating in making a decision that foreseeably would have a material effect on any personal financial interest (Gov. Code section 87300 et seq.; California Code of Regulations, Title 2 section 18730). Consultation with Office of General Counsel is advised.
The following six sections are detailed at length in the Law of Design & Construction Training Manual-December, 2017, Section XX: