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The professional services contract is used as a “framework agreement” to enter into a contract with a consultant for a specified period of time. If the institution is willing to use the services of the consultant, in Appendix A of the agreement, a service delivery authority will be granted. Appendix A specifies the services to be provided, the remuneration and the time frame within which the services are provided. When all other consulting services are required for planning, design and construction projects, the Professional Services Agreement is used. Examples of this type of work include: Designated Administrator of the University. “Designated Administrator of the University” means the Administrator acting on behalf of the University in connection with the Agreement. The university uses two methods to award contracts with a construction manager; When using the standard construction management contract, the site manager does not perform any construction work on the project and provides services in support of the university representative or acts as the university representative. When the construction management contract is used for a CM/Multiple Prime Trade delivery method, the construction manager acts as the representative of the university. Do not use either agreement if the consultant is to perform construction work on the project. This order must be offered in cm format at risk as part of the contest. The Executive Design professional agreement (or an approved version) is used to enter into contracts with executive architects, executive landscape architects, and senior engineers and consultants (structural, civil, mechanical and electrical engineers). The Executive Design Professional must be licensed in the State of California.

Representative of the University. The term “representative of the University” refers to the natural or legal person who administers the construction contract of the University. The university must always have a representative of the university, which may be the design professional, an employee of the university or another body designated by the university. The Office of the Advocate General approves all contracts, agreements and other legal documents relating to the activities of the University as a “company”. The Office of the President has issued the following pre-approved agreements for the use of the facilities: Project Architect (or Engineer). The term “project architect” or “project engineer” means the University-approved design professional who is designated in the agreement as the designated principal or employee of the design professional responsible for providing all services required by the agreement. The university uses three standard types of design specialist and consultant agreements for design, consulting and construction management services: the Professional Executive Design Agreement, the Construction Management Agreement, and the Professional Services Agreement. Approved document templates for each type of agreement are available (see 3.1 below). With the exception of approved amendments, an institution may only amend the independent services agreement if the Office of the Advocate General and the Office of the President have approved the proposed amendments to a facility to the agreement (see 3.2 above).

The design-build contract templates listed below are to be used by the university when the university enters into a contract with a single party who designs and builds the project. The approved document templates for each contract type can be found in the online repository of approved contract templates. The term “university” means the regents of the University of California. The university initiates the project; provides funding for planning, design and construction; selects and enters into contracts with the design professional, consultant, contractor and other professionals, as applicable; and operates and maintains the completed project. If the terms of the project require a pre-approved agreement, use the instructions for modification in this chapter, the cover page and instructions (see 3.3 below) as well as the instructions in the body of the agreements for information. If an institution proposes to use another agreement or make significant changes to a pre-approved agreement, the proposed changes must be reviewed and approved by the Office of the President and the Office of the Advocate General. Significant changes include changes to “fundamental clauses” such as definitions, arbitration, indemnification and insurance, limitations of liability, exclusions and observations, or on-site inspections. An institution may amend clauses such as the scope of work and additional services. Executive architect (or engineer). When the term “executive” is applied to design professionals, the term refers to the primary design professional of the project, who is licensed in the State of California and is both responsible and responsible for the entire design of the project. There may be other design professionals in the project, but they are not responsible for the overall design.

Although this chapter contains information on how to prepare each Design Professional document, the cover pages and instructions for the contract templates (see 3.1 above) provide more detailed step-by-step instructions for completing and editing the documents. The institutions must send a copy of the proposed revisions (or of a proposed new agreement) to the Office of the President and a copy to the Advocate General. Changes must be submitted in Redline/Strikeout format. Approximately three weeks will be allocated for the review and approval of the Facility`s proposals. The following conditions must be met before agreements are concluded:General conditions of the agreement – Additional conditions of the basic document The following documents are approved by the Office of the President and the Office of the Advocate General for use by the facility. An installation can place its logo on the cover page. Each document template begins with a cover page and a series of instructions. These instructions apply only to the installation and should not be added to the contract documents when distributed to the bidder, contractor or design builder.

Any document marked as “non-contractual” is intended for the use of the facility and must not be disclosed outside the university. .