RFQ_7041_Commissioning_Services.pdf

RFQ 7041

Contract and Procurement Management Business and Financial Affairs

San Diego State University 5500 Campanile Drive San Diego, CA 92182-1616 619-594-5243 / 619-594-5919 (fax) Web address: http://bfa.sdsu.edu/financial/procurement

REQUEST FOR QUALIFICATIONS (RFQ) No. 7041

COMMISSIONING SERVICES FOR PUBLIC WORKS PROJECTS

RFQ DATA

Proposal Number: RFQ No. 7041

Date: February 21, 2025

Description: Commissioning Services for Public Works Projects

Contacts: Rachel Ascherl, Buyer II, Contract and Procurement Management

Phone: 619-594-1652 Email: rascherl@sdsu.edu

DEADLINE FOR QUESTIONS: March 14, 2025 at 2:00 p.m. PDT (Please submit all questions in writing by posting them to https://www.planetbids.com/portal/portal.cfm?CompanyID=25796)

PROPOSAL DUE DATE

Submittals are due March 24, 2025, at 2:00 p.m. PDT. Submit one (1) original submittal prior to the date and time specified and through electronic upload to PlanetBids. Firms shall respond to the solicitation by electronic file upload only.

San Diego State University (“University”) assumes no responsibility for delay in submission of the response to this RFQ through the PlanetBids system. Submittal of responses by mail, personal delivery, courier service, fax or email is not acceptable.

RFQ REQUIREMENTS

Terms of Professional Service Agreements: Firms must review and accept the terms of the

California State University Professional Services Agreements. Modifications are not accepted for these documents.

Small Business Participation is strongly encouraged.

RFQ CONTENTS

Attachment A: Request for Qualifications “RFQ”

Attachment B: Qualification Certification Form

Attachment C: Small Business Preference Certification

Attachment D: Sample Agreements

Attachment E: Fee Schedule Form

Interested Firms must register with Planetbids.com. Notifications will be transmitted from this source and forms must be downloaded from the PlanetBids system:

https://www.planetbids.com/portal/portal.cfm?CompanyID=25796.

http://bfa.sdsu.edu/financial/procurement mailto:rascherl@sdsu.edu https://www.planetbids.com/portal/portal.cfm?CompanyID=25796 https://www.planetbids.com/portal/portal.cfm?CompanyID=25796

This RFQ does not constitute an order for the goods or services specified.

Professional Services

TABLE OF CONTENTS

Page

ATTACHMENT A REQUEST FOR QUALIFICATIONS (RFQ)

• SECTION 100 INTRODUCTION

• SECTION 200 SCHEDULE OF EVENTS

• SECTION 300 TECHNICAL REQUIREMENTS

• SECTION 400 FORMAT / SUBMITTALS

• SECTION 500 REQUIREMENTS

• SECTION 600 EVALUATION AND AWARD CRITERIA

ATTACHEMENT A

❖ Appendix No. 1, Firm’s Questionnaire…………………………………………………….13

❖ Appendix No. 2, Firm’s References...………………………………………………………14

❖ Appendix No. 3, Firm’s Expertise of Personnel………………………………………….15

ATTACHMENT B QUALIFICATION CERTIFICATION FORM……………………………………..16

ATTACHMENT C SMALL BUSINESS PREFERENCE CERTIFICATION………………………...17

ATTACHMENT D SAMPLE AGREEMENT

❖ Appendix No. 1, CSU Service Agreement………………………………………………...18

❖ Appendix No. 2, Rider A – Agreement General Provisions, Service Provider...………19

❖ Appendix No. 3, CSU Task Order Service Agreement…………………………………...25

❖ Appendix No. 4, Rider A – Agreement General Provisions, Task Order Agreement...26

❖ Appendix No. 5, Rider B – Supplementary General Provisions…………………………31

❖ Appendix No. 6, Exhibit A – Individual Task Order………………………………………34

ATTACHMENT E FEE SCHEDULE FORM………………………………………………………..……35

SECTION 100: INTRODUCTION

101. PRE-QUALIFICATIONS CONFERENCE: There is no pre-qualification conference scheduled for this solicitation.

102. INTENT: University is seeking to identify and select qualified Firms for Commissioning

Services to assist University on upcoming construction projects on the university campus.

Multiple Firms may be awarded Master Service Agreements from this solicitation. It is the intent of University to establish a bench of Commissioning Service providers and award to up to three (3) of the highest qualified Firms.

103. Services to Be Provided: The successful Firms shall demonstrate competency in all fields of expertise required by this RFQ and Attachments and shall confirm the availability of the qualified personnel proposed to perform the services required.

The services to be provided by the Firms may be issued as separate stand-alone Service

Agreement or as Task Order Service Agreements (TOSAs), depending the size of the project, with specific scopes of work and requirements and may include inspections, testing, observations, coordination meetings, and commissioning services. The projects may range in size from $10,000 to over $500 million in total project costs.

The term of the contracts anticipated as a result of this RFQ will be for a 1-year term with two

(2) 1-year options to extend following the base term. Any TOSAs initiated under this agreement will be completed under its terms, conditions and fees, even if the duration extends beyond the base term of the Master Service Agreement or any extensions. The fee schedule of hourly rates for Commissioning Services and classifications proposed will be fixed during the one-year term and for projects initiated during that period. Escalation based on Consumer Price Index not greater than three percent (3%) may be applied for option periods should escalation be requested thirty (30) days prior to Agreement expiration and successful performance review. Prevailing

Wage rates may apply.

[End of Section 100]

SECTION 200: SCHEDULE OF EVENTS

Release of RFQ February 21, 2025

Deadline for Receipt of Questions via PlanetBids.com (2:00 p.m.) March 14, 2025

Deadline for Receipt of Qualifications Packages (2:00 p.m.)

(See Section 500: Response Requirements) March 24, 2025

Interviews (optional) April 2025

Notice of Intent to Award April 2025

NOTE: Schedule of Events dates may be adjusted upon advanced written notice.

[End of Section 200]

SECTION 300: TECHNICAL REQUIREMENTS

Within this section, University has listed Commissioning Services. Firms shall respond by indicating how their Firm can provide the services as well as additional services not specifically listed (see Section 400, Format / Submittals).

301. GENERAL OBJECTIVES:

Objectives for the following service are described in general and may include service as described, but not limited to, each individual Service Agreement or Task Order will provide details as to the scope and requirements.

Commissioning Services

Firm shall provide expertise to assist University with Commissioning Services which may include, but not limited to:

(Design Phase) Conduct commissioning meetings with the project team, draft, coordinate and document the Owner’s Performance Requirements and manage the quality process, provide

Division 01 Commissioning and Training Specifications, design review of documents, plans and specifications as available, review Basis of Design (BOD), Schematic Design (SD) package, Design Development (DD) package, Construction Documents (CD) package, provide Monitoring-

Based Commissioning (MBCx) Plan.

(Construction Phase) Attend project meetings, conduct Commissioning meetings with project team, review Construction Schedule and provide feedback on Cx tasks and durations, Controls coordination, review submittals and Requests for Information (RFIs), develop the Pre-Functional checklists (PFC), develop the Pre-Verification Test (PVT) and functional performance test (FPT)

Scripts, develop Integrated Systems Test (IST), perform Site Walks at major milestones to verify equipment and system installations, review piping pressure test and flushing report, review

Duct Air Leakage Test (DALT), plan and review DALT Report, witness Site Acceptance Test

(SAT), witness Factory Acceptance Testing (FAT), witness startup of select equipment, review

Test, Adjust, & Balance (TAB) Report, onsite TAB Verification, coordinate and witness the execution of PFC, FPTs and ISTs performed by installing contractors, maintain a Master

Commissioning Issues Log, coordinate issue resolutions and backcheck completed issues, verify

Owner Training, Systems Manual, develop Standard Operating Procedures (SOPs) for commissioned equipment, develop Final Commissioning Report.

(Occupancy Phase) Create an ongoing (Continuous) Commissioning Plan (OCxP), In-Warranty and Post Occupancy Review with Owner, Staff, Operators and Occupants ten (10) Months into the twelve (12) Month Warranty Period. Identify issues or concerns. Coordinate opposite Season or deferred testing.

PROJECT DESCRIPTIONS

Anticipated Projects: Projects for the Evolve Student Housing project are scheduled to begin construction in 2025 through 2030 and will include two (2) 9-story residential buildings, one (1)

2-story Amenity Building, and three (3) 11-story residential towers.

[End of Section 300]

SECTION 400: FORMAT/SUBMITTALS

All Firms must submit the following with their response to be considered responsive. Firms shall elaborate on each question asked below and use no more than six (6) single-sided 11x17 pages to respond to content in Tabs 1-8. Attachment A appendices 1 – 3 and Attachments B, C, and E shall not be counted towards the page count limit. Using the same Format, associate your answers to the referenced categories and questions as they relate to the Commissioning Services areas identified in previous section 301.

Responses shall include the following information as a minimum:

• Tab 1: Briefly describe your Firm including: address, history of the Firm, geographical area served, number of current full-time employees, number of offices, areas of expertise, etc.

Submit a completed Appendix No. 1, Questionnaire.

• Tab 2: Provide a list of your Firm’s successful project experience in the last five (5) years with special emphasis on higher education projects, projects performed on CSU campuses and relevant projects where similar services were provided. For no more than three (3) of the projects, describe how the services provided were like the services that would be required for the University. Include the client current contact information, and a photograph or other graphic, if appropriate. Submit completed Appendix No. 2, References.

• Tab 3: Provide a list of the three (3) full-time Primary staff you propose to use on University projects and describe their relevant experience, including number of years employed with your firm. Additionally, include a list of up to ten (10) proposed full-time support staff and/or consultants and their roles. Submit a completed Appendix No. 3, Firm’s Expertise of

Personnel.

• Tab 4: Please describe your approach and experience with developing the Owner’s Project

Requirements, commissioning and training specifications, reviewing and providing comments on design documents, and supporting construction projects during the design phase.

• Tab 5: Please describe your process for reviewing and commenting on submittals and requests for information (RFIs), managing subcontractors, managing a commissioning issues log and backchecking the completion, and best practices for managing commissioning during the construction phase. Please describe tools and equipment you utilize to provide high-quality and efficient services, including experience with collaborative construction management software.

• Tab 6: Please provide your Firm’s current staffing levels, backlog, and the availability of staff to manage potential concurrent large and small construction projects on campus over the next five (5) years.

• Tab 7: Please describe any other factors which you believe make your Firm the most qualified to provide high quality, professional service to San Diego State University.

• Tab 8:

• CERTIFICATION FORM. All proposers must complete and return the certification form, Attachment B with the proposal response.

• SMALL BUSINESS PREFERENCE. Proof of certified Small Business must be submitted at the time the proposals are due and must include the request for small business preference form Attachment C.

• SEPARATELY SUBMIT A FEE SCHEDULE (Attachment E), please provide a Fee

Schedule of hourly rates for the Firms’ various professional services’ classifications, including sub-consultants, required to perform the services, including the Principals, Managers, Estimators and Administrative Assistants, etc. Please provide direct hourly rates, overhead percentage, and profit percentage for a fully burdened hourly rate along with any reimbursable direct expenses listed separately.

[End of Section 400]

SECTION 500: RESPONSE REQUIREMENTS

Firms responding to this solicitation must submit a complete original submittal in accordance with the format provided in this solicitation to the University through electronic upload to

PlanetBids on or before the date and time set forth in the RFQ. Firms shall respond to the solicitation by electronic file upload only. SUBMISSIONS WILL NOT BE ACCEPTED IF

SUBMITTED THROUGH ANY OTHER MEANS (the University will not accept submissions via mail, personal delivery, courier service or email). It is the Firm’s responsibility to ensure that the RFQ qualifications response and Fee Schedule Form are submitted through electronic upload to PlanetBids by the date and time listed in the solicitation; the time on the PlanetBids system shall be considered the official time for purposes of determining timely submittal.

Mistakes or delays in the electronic submission of documents are entirely the responsibility of the Firm. LATE RESPONSES WILL NOT BE ACCEPTED.

Qualifications and Fee Schedule Form:

RFQ qualifications response and Fee Schedule Form must be submitted via PlanetBids on or before the due date and time for this RFQ. The RFQ qualifications response document shall be marked as “Statement of Qualifications Submittal” with:

• The Name of Firm and Address

• Buyer: Rachel Ascherl, Buyer II

• RFQ No. 7041 and Title of Solicitation

• The RFQ Due Date and Time

The Fee Schedule must be submitted on the Fee Schedule Form provided by the Trustees, as a separate document clearly marked as “Fee Schedule” and the information above.

The response to this RFQ must be submitted in compliance with the following format, unless otherwise specified in this RFQ:

Submit electronic documents as files in .pdf format. Separate each document (not by Tab) into one or more files. Clearly name files as to the document and order. Pages requiring signatures must be scanned from an original signature. Other pages may be scanned or converted to .pdf from other file formats. Converted and searchable formats are preferred.

Firms shall submit separate documents in separate files for the Statement of Qualifications and

Fee Schedule components of their proposal.

a. Submit Statement of Qualifications document.

i. Content shall be organized to correspond to the applicable Tab Sections or items within Section 400 - Format/Submittals. All forms, responses and attachments shall be sequentially numbered to correspond to the applicable question or item.

ii. All content provided within response to Tab Sections 1-8 shall be provided within six (6) 11”x17” pages, single-sided. Any proposal longer that six (6)

11”x17” pages will be considered non-responsive. Attachment A appendices 1 – 3 and Attachments B, C, and E shall not be counted towards the page count limit.

iii. No price/fee data are to be included in the Statement of Qualifications document.

iv. If price/fee information is included in the Statement of Qualifications document, the University may, at its sole discretion, remove such information or declare the submission non-responsive.

b. Submit a separate Fee Schedule Form document.

i. All hourly rates or other potential fees must be contained within Fee Schedule

Form exhibit.

ii. This is not intended to be the RFP Cost Proposal. That will be required in a subsequent stage of the solicitation, as applicable.

A submittal that is received, but that is not received by the electronic means designated in the solicitation by the exact time specified for receipt will not be considered. All submittals shall be signed by an authorized officer or employee of the Firm. The name, title, mailing address, email address, and phone number of the authorized officer or employee shall be included. Scanned images of pages containing original signatures are acceptable for submission of an electronic file.

Electronic or digital signatures will not be accepted.

[End of Section 500]

SECTION 600: EVALUATION AND AWARD CRITERIA

EVALUATION. University may select the Firm(s) for award that are determined to be the highest qualified to fulfill the specifications of this Request for Qualifications. Responses meeting the six-page format requirement will be submitted to an evaluation committee which may be comprised of University personnel and outside University personnel. Responses will be reviewed, evaluated, scored, and ranked based on qualifications submitted. The committee will assess client satisfaction through interviews with current users. At the conclusion of qualifications review and tally of scores, Firms deemed by the University as having provided the most effective approach to this request may advance to the presentations/interviews (optional). Rates of those determined to be the highest ranked will then be evaluated, negotiated, and determined to be fair and reasonable for the term period of the Master Agreement.

The University reserves the right to award this RFQ in full, in part or make no award at all.

Final Award of an Agreement shall be based upon a responsible Firm(s) whose response is responsive to the RFQ, demonstrates a clear understanding of the priorities, and demonstrates the capabilities to perform satisfactorily based on qualifications and fair and reasonable rates.

The University reserves the right, at its sole discretion, to reject any and all responses. Award shall be made in the best interest of the State. Further, the University reserves the right to waive any minor irregularities it feels are immaterial to this award. The decision of the

University is final.

The University Evaluation Committee will evaluate the technical components of all the responses completely and independently. The responses will be evaluated based on the following criteria:

1. Tab 1: Firm Description (Maximum of 10 points) - Briefly describe your Firm including:

address, history of the Firm, geographical area served, number of current full-time employees, number of offices, areas of expertise, etc. Submit completed Appendix No. 1, Questionnaire

2. Tab 2: Your Firm’s Similar Experience (Maximum of 25 points) - Provide a list of your

Firm’s successful project experience in the last five (5) years with special emphasis on higher education projects, projects performed on CSU campuses and relevant projects where similar services were provided. For no more than three (3) of the projects, describe how the services provided were like the services that would be required for the

University. Include the client current contact information, and a photograph or other graphic, if appropriate. Submit completed Appendix No. 2, References.

3. Tab 3: Qualifications and experience of the proposed Primary staff and other sub-consultants and support staff. (Maximum of 20 points) - Provide a list of the three (3) full-time Primary staff you propose to use on University projects and describe their relevant experience, including number of years employed with your firm. Additionally, include a list of up to ten (10) proposed full-time support staff and/or consultants and their roles. Submit a completed Appendix No. 3, Firm’s Expertise of Personnel.

4. Tab 4: Please describe your approach and experience with developing the Owner’s

Project Requirements, commissioning and training specifications, reviewing and providing comments on design documents, and supporting construction projects during the design phase. (Maximum of 30 points)

5. Tab 5: Please describe your process for reviewing and commenting on submittals and requests for information (RFIs), managing subcontractors, managing a commissioning issues log and backchecking the completion, and best practices for managing commissioning during the construction phase. Please describe tools and equipment you utilize to provide high-quality and efficient services, including experience with collaborative construction management software. (Maximum of 30 points)

6. Tab 6: Please provide your Firm’s current staffing levels, backlog, and the availability of staff to manage potential concurrent large and small construction projects on campus over the next five (5) years. (Maximum of 15 points)

7. Tab 7: Please describe any other factors which you believe make your Firm the most qualified to provide high quality, professional service to University. (Maximum of 25 points)

8. Tab 8: Certification form, Attachment B, and Small Business Preference Form

Attachment C.

9. Fee schedule and hourly billing rates for the various professional services and sub-consultants’ classifications proposed including Senior staff, Managers, Schedulers, Estimators, Administrative Support, etc.

Maximum total points available: 155.

The University, at its sole discretion, may elect to interview some or all of the Firms or request additional information from the Firms for the purpose of clarity in evaluating the qualifications of the Firms.

The responses may be evaluated by a committee comprised of Univeristy Planning, Design and

Construction staff, and other qualified parties as deemed appropriate by University. This RFQ does not commit University to award an agreement or to pay any costs incurred in the preparation of a response to this RFQ. The University reserves the right to reject any or all responses.

ATTACHMENT A, RFQ 7041

APPENDIX NO. 1

QUESTIONAIRE

Company Information

Contractor Name

Corporation

Partnership

Street Address City State Zip

Federal ID # or Social Security Number Date of Corporation

Name of State(s) in which incorporated

FOR PARTNERSHIP ONLY

DATE OF ORGANIZATION Is the partnership:

General

Limited

Association

Name addresses zip of all partners Use additional sheet if necessary

Certified Small Business

Yes

No

OSDS No.

SB Cert

Expire Date:

Certified Disabled Veteran Business

Enterprise

Yes

No

OSDS No.

DVBE Cert

Expire Date:

Contact Information

Name Title

Phone No.

Fax No.

Mobile No.

Email Address

General Information

No. of Years in Business No of years in providing this product

Include a description of the full range of products offered Primary markets served

Growth strategy for next five years Attach a list with explanation of defaulted, completed and current contracts similar in nature to the proposed services required in this RFQ.

If you have done business under different name, please give name and location

Has firm ever been engaged in litigation over any contract, If so, explain.

APPENDIX NO. 2

REFERENCES

Provide a list of references of higher education institutions which demonstrate experience in providing services similar in nature required by this

RFQ. Include company/institution name and address, and name, title, and telephone number of person to contact. Attach additional sheets if necessary.

Company Name

Street Address City State Zip

Telephone Number Fax Number

Person Familiar with Performance Title

Number of years service performed Date of last service performed

Description of services performed:

Telephone Number Fax Number

Person Familiar with Performance Title

Telephone Number Fax Number

Person Familiar with Performance Title

APPENDIX NO. 3

EXPERTISE OF PERSONNEL

Attach additional sheets if necessary.

(All information must be related to this RFQ)

Educational and Training Background, Number Of Years Experience, Employees to be assigned to THE UNIVERSITY Previous Employment

1.

Name

Title

2.

3.

4.

5.

ATTACHMENT B, RFQ 7041

QUALIFICATION CERTIFICATION FORM

NOTE: THIS PAGE MUST BE COMPLETED, SIGNED, AND RETURNED WITH YOUR

QUALIFICATION

The undersigned certifies that to the best of his/her knowledge: (check one)

( ) There is no officer or employee of San Diego State University who has, or whose relative has, a substantial interest in any agreement award subsequent to this Request for Qualification.

( ) The names of any and all public officers or employees of San Diego State University who have, or whose relative has, a substantial interest in any agreement award subsequent to this

Request for Qualification are identified by name as part of this submittal.

In compliance with Request for Qualification No. 7041 – Commissioning Services for Public

Works Projects for San Diego State University and after carefully reviewing all the terms and conditions imposed therein, the undersigned agrees to furnish such goods and services in accordance with the specifications and scope of work according to the proposal submitted or as mutually agreed upon by subsequent negotiation.

CERTIFICATION

Signature Typed Name and Title

Name of Company as Licensed

Corporation

Partnership

Federal ID # or Social Security Number

Street Address City State Zip

Phone No.

Fax No.

Mobile No.

Email Address

ATTACHMENT C, RFQ 7041

SMALL BUSINESS PREFERENCE AND CERTIFICATION REQUEST

(Bidders requesting a 5% Small Business Preference must sign below and enclose this form in the Bid Package)

The undersigned hereby requests preference as a “Small Business” and further certifies under penalty of perjury, that the firm still meets the requirements of the California Code of Regulations, Title 2, Section 1896 et seq.

NOTICE TO ALL BIDDERS: Section 14835 et seq. of the California Government Code, requires that a five percent preference be given to bidders who qualify as a small business. The rules and regulations of this law, including the definition of a small business for the delivery of service, are contained in Title 2, California Code of Regulations, Section 1896, et seq. A copy of the regulations is available upon request.

If your firm is a Small Business and wishes to claim the small business preference, which may not exceed $50,000 for any bid, your firm must have its principal place of business located in California, have a complete application (including proof of annual receipts) on file with the Small Business & DVBE Services Branch, in the Procurement Division of the State of California

Department of General Services, by 5:00 p.m. on the date bids are opened, and be verified by such office.

Or, if your firm is a Non-Small Business and wishes to claim the small business preference, your firm must notify the

Trustees by signing below, that your firm commits to subcontract at least 25% of its net bid price with one or more small businesses, submit a timely responsive bid, list* the small business subcontractors and include name, address, phone number, portion of the work to be performed, and the dollar amount and percentage per subcontractor, and be determined a responsible bidder.

Questions regarding the preference approval process should be directed to Small Business & DVBE Services, telephone

(800) 559-5529 or (916) 375-4940, address: 707 Third Street, First Floor-Room 400, West Sacramento, CA 95605, or if by mail:

P.O. Box 989052, West Sacramento, CA 95798-9052. You can also reach them via email (osdchelp@dgs.ca.gov) or on the Internet:

www.pd.dgs.ca.gov/smbus.

IMPORTANT NOTICE (Read before signing)

The “Small Business Preference and Certification Request” must be signed in the same name style in which the bidder is licensed by the Contractors State License Board. Bidders bidding jointly or as a combination of several business organizations are specially cautioned that such bidders must be jointly licensed and approved in the same form and style in which the bid is executed.

Legal Name Style of Bidder(s): OSDS Certification No.

Signature of Bidder: Date

In the event the bidder has received assistance in obtaining bonding for this project, it shall set forth the name and nature of the firm providing such assistance. Should the firm be listed as a subcontractor, bidder shall set forth the percentage of the contract to be performed by the subcontractor.

Name of Firm:

Is Firm a Listed Subcontractor? YES-Percentage NO

Special attention is directed to section 1896.16 for penalties for furnishing incorrect supporting information in obtaining preference.

Non-Small Business CERTIFICATION

*If firm non-small business ,list sub-contractors in which you commit25% of net bid price below or on separate sheet:

Name Address Phone # OSDS# Portion of Work $ Amount % mailto:osdchelp@dgs.ca.gov

ATTACHMENT D, RFQ 7041

APPENDIX NO. 1

SERVICE AGREEMENT Rev. 2021-0528

For use on any CSU project.

SERVICE PROVIDER

TRUSTEES

This AGREEMENT is made and entered into this [Day] day of [Month], [Year] pursuant to the Public Contract

Code 10700, et seq., by and between the Trustees of the California State University on behalf of

Campus, hereafter referred to as Trustees, and Amendment No.: Agreement No.: Is agreement for

Design

Professional services:

Select

Project No.:

California State University Lorem Ipsum 123456 123456 123456

Service Provider, hereafter referred to as Service Provider. CSU Vendor ID No.: License Number: DIR No.:

Ipsum Lorem Service Provider, Inc. 123456 C-123456 123456

WITNESSETH: That the Service Provider in consideration of the statements and conditions herein contained, agrees to furnish labor, materials, and equipment and to perform work necessary to complete, in a skillful manner: [Provide a brief [summary description of the work] for [Project Name] located at [Campus Name].

The Service Provider shall provide such services as more fully described in the following Rider and Exhibits, which by this reference are incorporated herein and made part of this Agreement:

Rider A Agreement General Provisions, consisting of five (5) pages;

Exhibit A Scope of Work, consisting of [Number] pages;

Exhibit B Pricing Schedule consisting of [Number] pages.

The term shall begin upon receipt of an executed Agreement from the Trustees and shall end as of [Date]. Work elements started during the term shall continue to their completion and acceptance by the Trustees.

The Service Provider shall not perform services in excess of the Agreement without prior written authorization to proceed from the Trustees.

Service Provider shall report to: [Campus and Name of Project Administrator]

The basic services amount to be expended under this Agreement shall not exceed [Insert Value].

Payment shall be made in accordance with Rider A and Exhibits A, and B.

Trustees of the California State University Service Provider

Campus

California State University Lorem Ipsum

Firm Name

Ipsum Lorem Service Provider, Inc.

By (Trustees’ Authorized Signature) By (Authorized Signature)

Printed Name and Title of Person Signing

John Smith, Campus Representative

Printed Name and Title of Person Signing

Jack Smith, Service Provider Authorized Signatory

Address of Campus Project Administrator

99999 Lorem Ipsum Drive, Ipsum, CA 99999

Address of Service Provider

11111 Ipsum Lorem Drive, Lorem CA 11111

Fund Name

123456 PS Account

123456

Oracle Requisition No.

123456 PS Dept. ID

123456

Oracle Account No.

123456 PS Class

123456 PS Project/Grant

123456

Amount Encumbered

$999,999,999 I hereby certify upon my personal knowledge that budgeted funds are available for the period and purpose of the expenditures stated above.

Amount of Increase

$999,999,999

Signature of Accounting Officer

Date

Amount of Decrease

$999,999,999 I hereby certify that I have examined the written Agreement and find the same to be in accordance with the requirements of California State University Contract Law. G. ANDREW JONES, General Counsel

Total Amount Encumbered

By Attorney

This Agreement may be executed in counterparts all of which taken together shall constitute one and the same Agreement. The exchange of copies of this Agreement by electronic mail in “portable document format” (“.PDF”) form or by other similar electronic means shall constitute effective execution and delivery of this Agreement and shall have the same effect as copies executed and delivered with original signatures.

Agreement General Provisions [Date] Rev.2024-0214

Rider A - Agreement General Provisions, Service Provider

1. Service Provider Relationship. Service Provider, in the performance of this Agreement, is an independent contractor and is not an employee, agent, or officer of the Trustees.

2. Payments. Payments under this Agreement shall be made in arrears of work increment completed to the satisfaction of the Trustees and upon submission of an invoice in CSU invoice format. If not otherwise specified payments for services rendered will be processed monthly upon presentation of invoice.

3. Services. Trustees may issue a written order with respect to the services to be performed under this Agreement at any time before the completion of the services. Trustees shall pay Service Provider an amount for such services as provided in this Agreement, or if not so provided, Trustees shall pay Service Provider a reasonable amount, which shall be agreed upon by the parties.

4. Service Provider shall not utilize any information, not a matter of public record, which is received by reason of this Agreement, for pecuniary gain not contemplated by the terms of this Agreement, regardless of whether Service Provider is or is not under contract at the time such gain is realized (Education Code Section 89006).

5. Ownership. The report, survey, or other product developed by Service Provider pursuant to this Agreement is the property of Trustees, and shall not be disseminated to others by Service Provider unless authorized by Trustees.

6. Termination for Convenience. Trustees may terminate this Agreement upon a three (3) business-day advance written notice to Service Provider. In the event of such termination, Service Provider shall be paid only for the work satisfactorily completed.

7. Termination for Cause. Trustees may terminate this Agreement for cause should Service Provider fail to perform as herein provided. In the event of such termination, Trustees shall be relieved of the obligation to make any payment to Service Provider and Trustees may proceed by other means with the work in any manner the Trustees deem proper.

8. Indemnification.

The Indemnification subsection below, next to the checked box, applies to this agreement, while the subsection next to the unchecked box does not apply to this agreement.

a. Provisions of item 8a shall apply if the agreement is with a Service Provider that does not qualify under the provisions of California Civil Code section 2782.8. The Service Provider agrees to hold harmless, defend, and indemnify the State of California, the Trustees of the California State University, the University, and the officers, employees representatives, and agents of each of them from any and all claims, damages, losses, causes of action and demands, and all costs and expenses incurred in connection therewith, including, but not limited to, attorneys’ fees and costs resulting from or in any manner arising out of or in connection with any negligent act or omission or willful misconduct on the part of the Service Provider, its officers, agents, and employees, in the performance of this Agreement. This provision shall survive the expiration or termination of this Agreement.

b. Provisions of item 8b shall apply if the agreement is with a Service Provider that does qualify under the provisions of California Civil Code section 2782.8 and the scope of work is for design professional services.

The Service Provider agrees to hold harmless, defend, and indemnify the State of California, the Trustees of the California State University, the University, and the officers, employees representatives, and agents of each of them from any and all claims, damages, losses, causes of action and demands, and all costs and expenses incurred in connection therewith, including, but not limited to, attorneys’ fees and costs to the extent arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct on the part of the Service Provider, its officers, agents, and employees, in the performance of this Agreement. In no event shall the cost to defend charged to the Service Provider exceed the Service Provider’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Service Provider shall meet and confer with other parties regarding unpaid defense costs. Service Provider’s liability is not limited to recoverable insurance. This provision shall survive the expiration or termination of this Agreement.

The provisions of section 8b pertaining to the duty and cost to defend shall not apply to either of the following:

1) Any contract for design professional services per the provisions of California Civil Code section 2782.8, or amendment thereto, where a project-specific general liability policy insures all project participants for general liability exposures on a primary basis and also covers all design professionals for their legal liability arising out of their professional services on a primary basis.

2) A design professional per the provisions of California Civil Code Section 2782.8, that provides design professional service and is party to a written design-build joint venture agreement and not the primary holder of the Trustees and Design-Builder contract.

9. Insurance Provisions. The Service Provider shall not commence work until the Trustees have received evidence of the insurance required in this section and approved it.

a. Service Provider shall obtain the following policies and coverage. The insurance furnished by the Service Provider under this section shall provide coverage in amounts not less than the following, unless a different amount is stated in Exhibit A, Scope of Work Description:

1) Comprehensive or Commercial Form General Liability Insurance:

On an occurrence basis, cover work done or to be done by or on behalf of the Service Provider and shall provide insurance coverage for bodily injury, personal injury, property damage, and contractual liability.

The aggregate limit shall apply separately to the work. Limits of Liability:

$2,000,000 General Aggregate

$1,000,000 Each Claim - combined single limit for bodily injury and property damage.

2) Business Automobile Liability Insurance:

On an occurrence basis, cover owned, scheduled, hired, and non-owned automobiles used by or on behalf of the Service Provider and shall provide insurance coverage for bodily injury, property damage, and contractual liability. Use Insurance Service Office (ISO) Form Number CA 0001 covering any automobile.

Limits of Liability:

$1,000,000 Each Accident - combined single limit for bodily injury and property damage.

3) Workers’ Compensation Insurance:

This insurance shall include Employers Liability limits of $1,000,000 and other limits required under California law.

4) Professional Liability Insurance:

Professional liability (errors and omissions) insurance on an occurrence basis is preferred, covering work done or to be done by or on behalf of the Service Provider and providing insurance for professional liability in the amount of $1,000,000 each occurrence. The Service Provider shall obtain and maintain professional liability insurance on a claims-made basis for no less than $1,000,000 each claim and $2,000,000 annual aggregate, and certification of coverage shall be submitted to the Trustees upon signing of this Agreement. If the total contract amount exceeds $1,000,000 the Service Provider shall renew and keep such insurance in effect for at least ten (10) years after the recordation of the notice of completion.

For any of the insurance described in the paragraphs above, the amount of limits can be satisfied by a combination of primary and excess or umbrella insurance.

b. Insurers shall be authorized in the State of California to transact insurance and shall hold a current A.M.

Best’s rating of no less than A: VII or alternatively a carrier acceptable to the Trustees.

Verification of coverage shall be provided as follows:

1) The Service Provider shall submit to the Trustees copies of certificates of insurance and endorsements to the policies of insurance required by the Agreement as evidence of the insurance coverage.

2) The scope of coverage shall be shown on the certificate of insurance.

3) The Service Provider shall provide written notice of cancellation of coverage within thirty (30) days to the Trustees.

4) The Service Provider shall notify the Trustees in writing of any material change in insurance coverage.

5) Renewal certifications shall be timely filed by the Service Provider for coverage until the work is accepted as complete.

6) Trustees reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these provisions, at any time.

c. Insurance policies except for Workers Compensation and Professional Liability insurance shall contain, or be endorsed to contain, the following provisions:

1) For the general policies, the State of California, the Trustees of the California State University, the University, their officers, employees, representatives, volunteers, and agents shall be covered as additional insureds.

2) For claims related to the work, the Service Provider’s insurance coverage shall be primary insurance as respects the State of California, the Trustees of the California State University, the University, their officers, employees, representatives, volunteers, and agents. Insurance or self- insurance maintained by the State of California, the Trustees of the California State University, the University, their officers, employees, representatives, volunteers, and agents shall be in excess of the Service Provider’s insurance and shall not contribute with it.

3) The State of California, the Trustees of the California State University, the University, their officers, employees, representatives, volunteers, and agents shall not by reason of their inclusion as additional insureds incur liability to the insurance carriers for payment of premiums for such insurance.

d. Additional Insurance Provisions

1) Any deductible under any policy of insurance required in this section shall be the Service

Provider‘s liability.

2) Acceptance of certificates of insurance by the Trustees shall not limit the Service Provider’s liability under the Agreement.

3) The Service Provider’s obligations to obtain and maintain required insurance are non-delegable duties under this Agreement.

10. Personal Eligibility Certification. If the Service Provider is a natural person, the Service Provider certifies by signing this Agreement that s/he is a citizen or national of the United States or otherwise qualified to receive public benefits under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104- 193; 110 STAT. 2105, 2268-69), State of California Governor’s Executive Order W-135-96.

11. Corporate Eligibility Certification. If the Service Provider is a corporation, the Service Provider certifies and declares by signing this Agreement that it is eligible to contract with the State of California pursuant to the California Taxpayer and Shareholder Protection Act of 2003 (Public Contract Code Section 10286, et seq.).

12. Nondiscrimination. In the performance of this Agreement the Service Provider and its consultants shall not deny the Agreement’s benefits nor shall they discriminate unlawfully against any person on the basis of religion, color, ethnic group identification, sex, actual or perceived gender identity, age, physical or mental disability, medical condition, marital status, or age (over 40). Additionally, the Service Provider and its consultants shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination as well.

a. Service Provider shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900, et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Sections 11000, et seq.), and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Government Code Sections 11135-11139.5).

b. Service Provider shall permit access by representatives of the California Department of Fair Employment and Housing and the Trustees upon reasonable notice at times during normal business hours with at least 24 hours’ notice, to its books, records, accounts, other sources of information, and its facilities as the Department or Trustees shall require to ascertain compliance with this Agreement.

c. Service Provider and its consultants/subcontractors shall give written notice of their obligations under this Agreement to labor organizations with which they have a collective bargaining or other agreement.

d. Service Provider shall include the nondiscrimination and compliance provisions of this Agreement in subcontracts to perform work under the Agreement (Government Code Sections 12990, 11135, et seq., Title 2, California Code of Regulations, Section 11105)

13. Drug Free Workplace Certification. The Service Provider hereby certifies compliance with Government Code Sections 8355, 8356, and 8357 in matters relating to providing a drug-free workplace. In accordance with Government Code Section 8355, the Service Provider shall:

a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations;

b. Establish a Drug-Free Awareness Program to inform employees about all of the following:

1) The dangers of drug abuse in the workplace,

2) The Service Provider’s policy of maintaining a drug-free workplace,

3) Any available counseling, rehabilitation, and employee assistance programs, and

4) Penalties that may be imposed upon employees for drug abuse violations;

c. Require that each employee engaged in the performance of the Agreement be given a copy of the statement required by subpart A, and require that each employee, as a condition of employment on the Agreement, agree to abide by the terms of the statement.

14. Disabled Veteran Business Enterprise. Responsive to direction from the State Legislature (Public Contract Code Section 10115, et seq.), the Trustees are seeking to increase the statewide participation of disabled veteran business enterprises in contract awards. To this end, Service Provider shall inform the Trustees of any contractual arrangements with consultants or suppliers that are certified disabled veteran business enterprises.

15. Assignment. Service Provider shall not assign benefits or delegate duties under this Agreement in whole or in part, nor assign any moneys due or to become due hereunder without the written consent of Trustees.

16. Successors. The provisions of this Agreement shall extend to and be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns to the parties hereto.

17. Notice. Notice for either party may be served by delivering it in writing to the party, or by depositing it in a

U.S. mail deposit box with postage fully prepaid addressed as shown within the information block of the Agreement page. Nothing herein shall preclude the giving of notice by personal service.

18. Audit. If the Agreement exceeds $10,000, the contracting parties shall be subject to the examination and audit of the State Auditor of the State of California and the California State University Auditor for a period of three years after final payment under the Agreement. This examination and audit shall be confined to those matters connected with the performance of this Agreement, including, but not limited to, the cost of administering this Agreement (Government Code Section 8546.7).

19. DIR Registration. In accordance with Labor Code Section 1720, et seq., the Service Provider shall register with the Department of Industrial Relations (DIR) for this project and pay at least the prevailing wages on services/work aspects where a prevailing wage applies. Such services and/or work aspects include, but are not limited to, the Service Provider or its sub-consultant’s provision of geotechnical studies, potholing involving digging, site surveying and/or construction Inspector of Record services as defined by the DIR.

20. Agreement Changes. Alteration or variation of the terms of this Agreement shall not be valid unless made in writing and signed and dated by the parties. Oral representations, understandings, or writings not expressly incorporated in the Agreement are void. Unless identified within Exhibit A, Scope of Work, under a separate sub-heading entitled ‘Modifications to Agreement’, it is the intent of the Trustees to use the standard published form of this Agreement and Rider A without modification. The Agreement and Rider A shall not be modified without review and concurrence by CSU Office of General Counsel.

21. Offshoring of CSU Contract Work. Service Provider warrants it certified under penalty of perjury in its bid for this Agreement that the Agreement, and any subcontract performed under the Agreement, will be performed solely with workers within the United States; and if this Agreement, and any subcontract performed under this Agreement, will not be performed solely with workers within the United States, Service Provider described in its bid any parts of the work to be performed by workers outside of the United States. Further, Service Provider warrants no work will be performed under the Agreement with workers outside the United States, except as described in Service Provider’s bid. If Service Provider or its sub-supplier performs the Agreement with workers outside the United States during the life of the Agreement, and Service Provider did not describe such work in its bid, Service Provider acknowledges and agrees that:

a. CSU may terminate the Agreement without further obligation for noncompliance, and

b. Service Provider will forfeit to CSU the amount CSU paid for the percentage of work that was performed with workers outside the United States and not described in Service Provider’s bid.

22. Limitation of Duties and Services. The parties acknowledge and agree that Service…