4525. For purposes of this chapter, the following terms have the
following meaning:
(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) "State agency head" means the secretary, administrator, or
head of a department, agency, or bureau of the State of California
authorized to contract for architectural, landscape architectural,
engineering, environmental, land surveying, and construction project
management services.
(c) "Local agency head" means the secretary, administrator, or
head of a department, agency, or bureau of any city, county, city and
county, whether general law or chartered, or any district which is
authorized to contract for architectural, landscape architectural,
engineering, environmental, land surveying, and construction project
management services.
(d) "Architectural, landscape architectural, engineering,
environmental, and land surveying services" includes 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 those in
their employ may logically or justifiably perform.
(e) "Construction project management" means those services
provided by a licensed architect, registered engineer, or licensed
general contractor which meet the requirements of Section 4529.5 for
management and supervision of work performed on state construction
projects.
(f) "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.
4526. Notwithstanding any other provision of law, selection by a
state or local agency head for professional services of private
architectural, landscape architectural, engineering, environmental,
land surveying, 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,
state agency heads contracting for private architectural, landscape
architectural, professional engineering, environmental, land
surveying, and construction project management services shall adopt
by regulation, and local agency heads contracting for private
architectural, landscape architectural, professional engineering,
environmental, land surveying, and construction project management
services may adopt by ordinance, 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 public agencies. Furthermore, these
procedures shall assure maximum participation of small business
firms, as defined by the Director of General Services pursuant to
Section 14837.
In addition, these procedures shall specifically prohibit
practices which might result in unlawful activity including, but not
limited to, rebates, kickbacks, or other unlawful consideration, and
shall specifically prohibit government agency 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 which would subject those employees to the
prohibition of Section 87100.
4526.5. A state agency head entering into a contract pursuant to
this chapter shall, in addition to any other applicable statute or
regulation, also follow Section 6106 of the Public Contract Code.
4527. In the procurement of architectural, landscape architectural,
engineering, environmental, land surveying, and construction project
management services, the state agency head shall encourage firms
engaged in the lawful practice of their profession to submit annually
a statement of qualifications and performance data.
(a) When the selection is by a state agency head, statewide
announcement of all projects requiring architectural, landscape
architectural, engineering, environmental, land surveying, or
construction project management services shall be made by the agency
head through publications of the respective professional societies.
The agency head, for each proposed project, shall evaluate current
statements of qualifications and performance data on file with the
agency, together with those that may be submitted by other firms
regarding the proposed project, and 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 and then shall select therefrom, in order of
preference, based upon criteria established and published by him or
her, no less than three of the firms deemed to be the most highly
qualified to provide the services required.
(b) When the selection is by a local agency head, the agency head
may undertake the procedures described in subdivision (a). In
addition, these procedures shall specifically prohibit practices
which might result in unlawful activity including, but not limited
to, rebates, kickbacks, or other unlawful consideration, and shall
specifically prohibit government agency employees from participating
in the selection process when these employees have a relationship
with a person or business entity seeking a contract under this
section.
4528. (a) When the selection is by a state agency head the
following procedures shall apply:
(1) The state agency head shall negotiate a contract with the best
qualified firm for architectural, landscape architectural,
engineering, environmental, land surveying, and construction project
management services at compensation which the state agency head
determines is fair and reasonable to the State of California or the
political subdivision involved.
(2) Should the state agency head be unable to negotiate a
satisfactory contract with the firm considered to be the most
qualified, at a price the agency head determines to be fair and
reasonable to the State of California or the political subdivision
involved, negotiations with that firm shall be formally terminated.
The state agency head shall then undertake negotiations with the
second most qualified firm. Failing accord with the second most
qualified firm, the state agency head shall terminate negotiations.
The state agency head shall then undertake negotiations with the
third most qualified firm.
(3) Should the state agency head be unable to negotiate a
satisfactory contract with any of the selected firms, the state
agency head shall select additional firms in order of their
competence and qualification and continue negotiations in accordance
with this chapter until an agreement is reached.
(b) When the selection is by a local agency head, the local agency
head may undertake the procedures described in subdivision (a).
4529. This chapter shall not apply where the state or local agency
head determines that the services needed are more of a technical
nature and involve little professional judgment and that requiring
bids would be in the public interest.
4529.5. Any individual or firm proposing to provide construction
project management services pursuant to this chapter 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.
4525. For purposes of this chapter, the following terms have the
following meaning:
(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) "State agency head" means the secretary, administrator, or
head of a department, agency, or bureau of the State of California
authorized to contract for architectural, landscape architectural,
engineering, environmental, land surveying, and construction project
management services.
(c) "Local agency head" means the secretary, administrator, or
head of a department, agency, or bureau of any city, county, city and
county, whether general law or chartered, or any district which is
authorized to contract for architectural, landscape architectural,
engineering, environmental, land surveying, and construction project
management services.
(d) "Architectural, landscape architectural, engineering,
environmental, and land surveying services" includes 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 those in
their employ may logically or justifiably perform.
(e) "Construction project management" means those services
provided by a licensed architect, registered engineer, or licensed
general contractor which meet the requirements of Section 4529.5 for
management and supervision of work performed on state construction
projects.
(f) "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.
4526. Notwithstanding any other provision of law, selection by a
state or local agency head for professional services of private
architectural, landscape architectural, engineering, environmental,
land surveying, 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,
state agency heads contracting for private architectural, landscape
architectural, professional engineering, environmental, land
surveying, and construction project management services shall adopt
by regulation, and local agency heads contracting for private
architectural, landscape architectural, professional engineering,
environmental, land surveying, and construction project management
services may adopt by ordinance, 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 public agencies. Furthermore, these
procedures shall assure maximum participation of small business
firms, as defined by the Director of General Services pursuant to
Section 14837.
In addition, these procedures shall specifically prohibit
practices which might result in unlawful activity including, but not
limited to, rebates, kickbacks, or other unlawful consideration, and
shall specifically prohibit government agency 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 which would subject those employees to the
prohibition of Section 87100.
4526.5. A state agency head entering into a contract pursuant to
this chapter shall, in addition to any other applicable statute or
regulation, also follow Section 6106 of the Public Contract Code.
4527. In the procurement of architectural, landscape architectural,
engineering, environmental, land surveying, and construction project
management services, the state agency head shall encourage firms
engaged in the lawful practice of their profession to submit annually
a statement of qualifications and performance data.
(a) When the selection is by a state agency head, statewide
announcement of all projects requiring architectural, landscape
architectural, engineering, environmental, land surveying, or
construction project management services shall be made by the agency
head through publications of the respective professional societies.
The agency head, for each proposed project, shall evaluate current
statements of qualifications and performance data on file with the
agency, together with those that may be submitted by other firms
regarding the proposed project, and 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 and then shall select therefrom, in order of
preference, based upon criteria established and published by him or
her, no less than three of the firms deemed to be the most highly
qualified to provide the services required.
(b) When the selection is by a local agency head, the agency head
may undertake the procedures described in subdivision (a). In
addition, these procedures shall specifically prohibit practices
which might result in unlawful activity including, but not limited
to, rebates, kickbacks, or other unlawful consideration, and shall
specifically prohibit government agency employees from participating
in the selection process when these employees have a relationship
with a person or business entity seeking a contract under this
section.
4528. (a) When the selection is by a state agency head the
following procedures shall apply:
(1) The state agency head shall negotiate a contract with the best
qualified firm for architectural, landscape architectural,
engineering, environmental, land surveying, and construction project
management services at compensation which the state agency head
determines is fair and reasonable to the State of California or the
political subdivision involved.
(2) Should the state agency head be unable to negotiate a
satisfactory contract with the firm considered to be the most
qualified, at a price the agency head determines to be fair and
reasonable to the State of California or the political subdivision
involved, negotiations with that firm shall be formally terminated.
The state agency head shall then undertake negotiations with the
second most qualified firm. Failing accord with the second most
qualified firm, the state agency head shall terminate negotiations.
The state agency head shall then undertake negotiations with the
third most qualified firm.
(3) Should the state agency head be unable to negotiate a
satisfactory contract with any of the selected firms, the state
agency head shall select additional firms in order of their
competence and qualification and continue negotiations in accordance
with this chapter until an agreement is reached.
(b) When the selection is by a local agency head, the local agency
head may undertake the procedures described in subdivision (a).
4529. This chapter shall not apply where the state or local agency
head determines that the services needed are more of a technical
nature and involve little professional judgment and that requiring
bids would be in the public interest.
4529.5. Any individual or firm proposing to provide construction
project management services pursuant to this chapter 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.
4525. For purposes of this chapter, the following terms have the
following meaning:
(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) "State agency head" means the secretary, administrator, or
head of a department, agency, or bureau of the State of California
authorized to contract for architectural, landscape architectural,
engineering, environmental, land surveying, and construction project
management services.
(c) "Local agency head" means the secretary, administrator, or
head of a department, agency, or bureau of any city, county, city and
county, whether general law or chartered, or any district which is
authorized to contract for architectural, landscape architectural,
engineering, environmental, land surveying, and construction project
management services.
(d) "Architectural, landscape architectural, engineering,
environmental, and land surveying services" includes 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 those in
their employ may logically or justifiably perform.
(e) "Construction project management" means those services
provided by a licensed architect, registered engineer, or licensed
general contractor which meet the requirements of Section 4529.5 for
management and supervision of work performed on state construction
projects.
(f) "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.
4526. Notwithstanding any other provision of law, selection by a
state or local agency head for professional services of private
architectural, landscape architectural, engineering, environmental,
land surveying, 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,
state agency heads contracting for private architectural, landscape
architectural, professional engineering, environmental, land
surveying, and construction project management services shall adopt
by regulation, and local agency heads contracting for private
architectural, landscape architectural, professional engineering,
environmental, land surveying, and construction project management
services may adopt by ordinance, 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 public agencies. Furthermore, these
procedures shall assure maximum participation of small business
firms, as defined by the Director of General Services pursuant to
Section 14837.
In addition, these procedures shall specifically prohibit
practices which might result in unlawful activity including, but not
limited to, rebates, kickbacks, or other unlawful consideration, and
shall specifically prohibit government agency 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 which would subject those employees to the
prohibition of Section 87100.
4526.5. A state agency head entering into a contract pursuant to
this chapter shall, in addition to any other applicable statute or
regulation, also follow Section 6106 of the Public Contract Code.
4527. In the procurement of architectural, landscape architectural,
engineering, environmental, land surveying, and construction project
management services, the state agency head shall encourage firms
engaged in the lawful practice of their profession to submit annually
a statement of qualifications and performance data.
(a) When the selection is by a state agency head, statewide
announcement of all projects requiring architectural, landscape
architectural, engineering, environmental, land surveying, or
construction project management services shall be made by the agency
head through publications of the respective professional societies.
The agency head, for each proposed project, shall evaluate current
statements of qualifications and performance data on file with the
agency, together with those that may be submitted by other firms
regarding the proposed project, and 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 and then shall select therefrom, in order of
preference, based upon criteria established and published by him or
her, no less than three of the firms deemed to be the most highly
qualified to provide the services required.
(b) When the selection is by a local agency head, the agency head
may undertake the procedures described in subdivision (a). In
addition, these procedures shall specifically prohibit practices
which might result in unlawful activity including, but not limited
to, rebates, kickbacks, or other unlawful consideration, and shall
specifically prohibit government agency employees from participating
in the selection process when these employees have a relationship
with a person or business entity seeking a contract under this
section.
4528. (a) When the selection is by a state agency head the
following procedures shall apply:
(1) The state agency head shall negotiate a contract with the best
qualified firm for architectural, landscape architectural,
engineering, environmental, land surveying, and construction project
management services at compensation which the state agency head
determines is fair and reasonable to the State of California or the
political subdivision involved.
(2) Should the state agency head be unable to negotiate a
satisfactory contract with the firm considered to be the most
qualified, at a price the agency head determines to be fair and
reasonable to the State of California or the political subdivision
involved, negotiations with that firm shall be formally terminated.
The state agency head shall then undertake negotiations with the
second most qualified firm. Failing accord with the second most
qualified firm, the state agency head shall terminate negotiations.
The state agency head shall then undertake negotiations with the
third most qualified firm.
(3) Should the state agency head be unable to negotiate a
satisfactory contract with any of the selected firms, the state
agency head shall select additional firms in order of their
competence and qualification and continue negotiations in accordance
with this chapter until an agreement is reached.
(b) When the selection is by a local agency head, the local agency
head may undertake the procedures described in subdivision (a).
4529. This chapter shall not apply where the state or local agency
head determines that the services needed are more of a technical
nature and involve little professional judgment and that requiring
bids would be in the public interest.
4529.5. Any individual or firm proposing to provide construction
project management services pursuant to this chapter 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.
