SECTIONS 10700-10710

10700.  This chapter may be cited as the California State UniversityContract Law.10701.  As used in this chapter: (a) "Project" includes the erection, construction, alteration,painting, repair, or improvement of any state structure, building,road, or other state improvement of any kind. "Project" includes aproject located on California State University property and performedpursuant to a contract entered into or awarded by an auxiliaryorganization, as defined in Section 89901 of the Education Code, andfunded in whole or in part by public funds. (b) "Service contract" means any contract for services inconnection with a project other than a project contract, andincludes, but is not limited to, contracts for architectural,engineering, planning, testing, general studies, or feasibilityservices. (c) "Trustees" means the Trustees of the California StateUniversity and their designees.10702.  Contracts for the purchase of supplies or materials, whichare purchased through the Department of General Services, are notsubject to this chapter, even though the seller is required toperform some incidental work or service in connection with thedelivery of the material or supplies.10703.  Work done directly by any public utility company pursuant toorder of the Public Utilities Commission or other public authority,is not subject to this chapter, whether or not done under publicsupervision or paid for in whole or part out of public funds.10704.  The project shall be under the sole and direct control ofthe trustees, pursuant to the powers and responsibilities invested inthem by Chapter 8 (commencing with Section 66600) of Part 40 ofDivision 5 of Title 3 of the Education Code. For the purposes of thischapter, a project located on California State University propertyand performed pursuant to a contract entered into or awarded by anauxiliary organization, as defined in Section 89901 of the EducationCode, and funded in whole or in part by public funds, shall be deemedto be under the sole and direct control of the trustees.10705.  (a) When, in the opinion of the trustees, the work does notrequire the application of all of the provisions of this chapter inconnection therewith, the trustees may carry out the project pursuantto this section if the estimated cost does not exceed the value of aminor capital outlay project for which, pursuant to Section 10108,the services of the Department of General Services are not requiredand a state agency or department is authorized to carry out its ownproject. (b) If the estimated total cost of any construction project orwork carried out under this section exceeds five thousand dollars($5,000), the trustees shall solicit bids in writing and shall awardthe work to the lowest responsible bidder or reject all bids. Thetrustees may carry out work in excess of five thousand dollars($5,000) under this section by day labor if the trustees deem thatthe award of a contract, the acceptance of bids, or the acceptance offurther bids is not in the best interests of the state, but theamount of work performed by day labor under this section shall notexceed the sum of twenty thousand dollars ($20,000).10706.  The trustees and the Department of General Services mayenter into an agreement under which the Department of GeneralServices will carry out any of the functions of the trustees underthis chapter, upon such terms as are mutually agreed upon.10706.5.  The trustees may enter into an agreement with an auxiliaryorganization, as defined in Section 89901 of the Education Code,under which the auxiliary organization may carry out any of thefunctions of the trustees under this chapter, upon terms that aremutually agreed upon.10707.  The trustees may enter into service contracts. Suchcontracts shall be subject only to Section 10820 and to such otherprovisions of this chapter, if any, as the trustees may from time totime designate as applicable.10708.  (a) When, in the opinion of the trustees, the best interestsof the California State University dictate, the trustees may enterinto an agreement with a contractor to provide all or significantportions of the design services and construction of a project underthis chapter. The contractor shall design the project pursuant to thescope of services set forth in the request for proposals, build theproject, and present the completed project to the trustees for theirapproval and acceptance. (b) Work under this section shall be carried out by a contractorchosen by a competitive bidding process that employs selectioncriteria in addition to cost. Any design work performed pursuant tothis section shall be prepared and signed by an architectcertificated pursuant to Chapter 3 (commencing with Section 5500) ofDivision 3 of the Business and Professions Code. (c) When the design of portions of the project permits theselection of subcontractors, the contractor shall competitively bidthose portions. The contractor shall provide to the trustees a listof subcontractors whose work is in excess of one-half of 1 percent ofthe total project cost as soon as the subcontractors are identified.Once listed, the subcontractors shall have the rights provided inthe Subletting and Subcontracting Fair Practices Act (Chapter 4(commencing with Section 4100) of Part 1).10709.  Notwithstanding any provision of the California StateUniversity Contract Law and any other provision of law to thecontrary, the trustees may enter into an energy conservationconstruction contract, on the terms it determines are in the bestinterests of the California State University if they find that theanticipated cost for the alterations effected by the energyconservation construction contract will be less than the anticipatedmarginal cost to the California State University of energy that wouldhave been consumed by the California State University in the absenceof those alterations. The letting of contracts pursuant to thissection shall be conducted through competitive means.10710.  (a) Notwithstanding any other provisions of this chapter,the trustees may award annual contracts that do not exceed threemillion dollars ($3,000,000) for repair or other repetitive work, orrenovation or modification, to be done according to unit prices. Thecontracts shall be awarded to the lowest responsible bidder, andshall be based primarily on plans and specifications for typicalwork. No project shall be performed under a contract of this typeexcept by order of the trustees. No annual contracts may be awardedunder these provisions for capital outlay projects, where the totalcost of the project exceeds the value of a minor capital outlayproject for which, pursuant to Section 10108, the services of theDepartment of General Services are not required and a state agency ordepartment is authorized to carry out its own project. (b) For purposes of this section, "unit price" means the amountpaid for a single unit of an item of work, and "typical work" means awork description applicable universally or applicable to a largenumber of individual projects, as distinguished from workspecifically described with respect to an individual project.