2010 California Code
Public Contract Code
Article 2.5. Contracts With Private Architects, Engineering, Environmental, Land Surveying, And Construction Project Management Firms

10510.4.  For purposes of this article, the following definitions
apply:
   (a) "Firm" means any individual, firm, partnership, corporation,
association, or other legal entity permitted by law to practice the
profession of architecture, landscape architecture, engineering,
environmental services, land surveying, or construction project
management.
   (b) "Architectural, landscape architectural, engineering,
environmental, and land surveying services" include those
professional services of an architectural, landscape architectural,
engineering, environmental, or land surveying nature as well as
incidental services that members of these professions and their
employees may logically or justifiably perform.
   (c) "Construction project management" means those services
provided by a licensed architect, registered engineer, or licensed
general contractor that meet the requirements of Section 10510.9 for
management and supervision of work performed on university
construction projects.
   (d) "Environmental services" means those services performed in
connection with project development and permit processing in order to
comply with federal and state environmental laws. "Environmental
services" also includes the processing and awarding of claims
pursuant to Chapter 6.75 (commencing with Section 25299.10) of
Division 20 of the Health and Safety Code.
   (e) "Real property development services" means those services
undertaken by a real estate developer in connection with the
development of a developer-owned project on land owned or controlled
by the university, including, but not limited to, environmental
analysis, landscape planning, site design, market and financial
feasibility, and other incidental services that a real estate
developer may perform for the project.



10510.5.  (a) Selection by the University of California for
professional services of private architectural, landscape
architectural, engineering, environmental, land surveying, real
property development services, or construction project management
firms shall be on the basis of demonstrated competence and on the
professional qualifications necessary for the satisfactory
performance of the services required. In order to implement this
method of selection, the university shall adopt procedures that
assure that these services are engaged on the basis of demonstrated
competence and qualifications for the types of services to be
performed and at fair and reasonable prices to the university.
Furthermore, these procedures shall assure maximum participation of
small business firms, as defined by the Director of General Services
pursuant to Section 14837 of the Government Code.
   (b) These procedures shall specifically prohibit practices that
might result in unlawful activity including, but not limited to,
rebates, kickbacks, or other unlawful consideration, and shall
specifically prohibit university employees from participating in the
selection process when those employees have a relationship with a
person or business entity seeking a contract under this section.



10510.6.  (a) The University of California shall follow this section
in negotiating fees and executing a contract for professional
consulting services of a private architectural, landscape
architectural, engineering, land surveying, environmental, real
property development services, or construction project management
firm.
   (b) After providing notification to the successful firm of its
selection, the university shall provide written instructions for the
negotiations that are to follow. These instructions shall provide the
private consulting firm with necessary information that shall allow
the negotiations to proceed in an orderly fashion. Negotiations shall
begin within 14 days after the successful firm has been notified of
its selection or upon receipt of the cost proposal. The contractor
should be notified if additional time is necessary to begin
negotiations.
   (c) Upon the completion of negotiations, the university and the
private firm shall proceed to execute a contract that the university
shall complete within 45 days. The contractor should be notified if
additional time is necessary to complete the contract. The university
and private firm shall work together to ensure the successful
delivery of the requested services in a timely fashion.
   (d) In the event an impasse is reached in negotiations, the
university may terminate negotiations and enter into negotiations
with the next qualified firm, in the same manner as prescribed in
Section 10510.8 with respect to management services contracts.




10510.7.  (a) In the procurement of architectural, landscape
architectural, engineering, environmental, land surveying, real
property development services, and construction project management
services, the university shall encourage firms engaged in the lawful
practice of their profession to submit annually a statement of
qualifications and performance data.
   (b) (1) Statewide announcement of all projects requiring
architectural, landscape architectural, engineering, environmental,
land surveying, real property development services, or construction
project management services shall be made by the university through
advertisements placed in the California State Contracts Register and
in publications of the respective professional societies and
organizations of persons that perform those services. Alternatively,
the university may develop policies to provide for electronic
statewide notice of the required announcements to ensure notification
through, at a minimum, appropriate professional societies and
organizations and the California State Contracts Register, to those
persons that perform the services sought to be procured.
   (2) The university, for each proposed project, shall evaluate
current statements of qualifications and performance data on file
with the university, together with those that may be submitted by
other firms regarding the proposed project.
   (3) (A) The university, for each proposed project, shall conduct
discussions with no less than three firms regarding anticipated
concepts and the relative utility of alternative methods of approach
for furnishing the required services.
   (B) The university shall select, from the firms with which it
conducted discussions in order of preference, based upon criteria
established and published by the university, no less than three of
the firms deemed to be the most highly qualified to provide the
services required.
   (C) If a project announcement results in submissions from fewer
than three qualified firms, the university may then select from the
available qualified firms and shall document its efforts to receive
submissions from additional firms.
   (D) These procedures shall specifically prohibit practices that
might result in unlawful activity including, but not limited to,
rebates, kickbacks, or other unlawful consideration, and shall
specifically prohibit university employees from participating in the
selection process when those employees have a relationship with a
person or business entity seeking a contract under this section.
   (4) This subdivision does not apply to a contract for the services
described in Section 10510.4 with a total contract cost of one
hundred thousand dollars ($100,000) or less, provided that the type
of project for which the contract is awarded is identified by the
university in an annual announcement, made in accordance with the
provisions of paragraph (1), that identifies the project needs of the
university that are projected to have a total contract price of one
hundred thousand dollars ($100,000) or less.



10510.8.  (a) The university shall negotiate a contract with the
best qualified firm for architectural, landscape architectural,
engineering, environmental, land surveying, real property development
services, and construction project management services at
compensation that the university determines is fair and reasonable to
the University of California.
   (b) Should the university be unable to negotiate a satisfactory
contract with the firm considered to be the most qualified, at a
price the university determines to be fair and reasonable to the
University of California, negotiations with that firm shall be
formally terminated. The university shall then undertake negotiations
with the second most qualified firm. Failing accord with the second
most qualified firm, the university shall terminate negotiations. The
university shall then undertake negotiations with the third most
qualified firm.
   (c) Should the university be unable to negotiate a satisfactory
contract with any of the selected firms, the university shall select
additional firms in order of their competence and qualification and
continue negotiations in accordance with this article until an
agreement is reached.


10510.9.  Any individual or firm proposing to provide construction
project management services pursuant to this article shall provide
evidence that the individual or firm and its personnel carrying out
onsite responsibilities have expertise and experience in construction
project design review and evaluation, construction mobilization and
supervision, bid evaluation, project scheduling, cost-benefit
analysis, claims review and negotiation, and general management and
administration of a construction project.