TEXAS AGRILIFE EXTENSION SERVICE PROCEDURES

51.04.01.X1.01 MINOR CONSTRUCTION PROJECTS
Approved: October 15, 2002
Supplements: System Policy 51.04 and System Regulation 51.04.01

System Policy 51.04, Delegations of Authority on Construction Projects, and System Regulation 51.04.01, Chancellor’s Delegations of Construction Authority, establish the CEO’s authority and set cost limits for minor construction projects. The procedures contained herein will be used by the Texas AgriLife Extension Service (Extension) for the preparation, execution and administration of all minor construction and maintenance projects of.

The following definitions apply for all Extension Minor Construction projects.

Texas A&M AgriLife (AgriLife) Construction Engineer (Engineer) - A licensed professional engineer authorized to practice in the State of Texas who has been designated by the Contracting Officer to administer the policies established by this procedure. The Engineer is also responsible for the design, construction and inspection of all projects covered by these procedures.

Contracting Officer - The Director or his designee through authority delegated by the Chancellor.

Initiator - The Deputy Director, Resident Director or unit head who has a requirement for a minor construction project.

Project Funds - Funds approved for each project, either specifically by the Director, the Chancellor or the Board of Regents, or by appropriation of funds in the Extension Annual Operating Budget.

Extension Minor Construction Projects - Includes projects with costs totaling $5000 or more which are within the authority delegated to the Contracting Officer through the Chancellor. The projects include any work performed involving the construction, repair, renovation, rehabilitation or maintenance of buildings, irrigation systems, wells or other physical facilities of Extension. This includes any preliminary plans, feasibility studies or investigations which are anticipated to develop ultimately into such a project. (Equipment maintenance contracts/agreements excluded).

Unit Representative - The initiator or designee appointed by the Initiator to serve as the contact and representative of the unit and who is responsible for communicating basic design requirements of the project, including site location, space requirements, special construction needs, equipment lists, special utility requirements, etc.

An Extension Minor Construction Project shall be started by the Initiator who may also select a Unit Representative. They shall prepare a written project request and route for approval of the Contracting Officer. Information furnished shall include a description of the proposed work, justification, preliminary cost estimates and the proposed source of funding. Sketches may be used to aid in describing the work. Questions should be checked with the Engineer at this point or as early as practicable.

A. Upon written notification of initial project approval, the Engineer shall:

1. Schedule a meeting with the Initiator/Unit Representative to establish requirements for the project.

2. Notify the AgriLife Fiscal Officer or designee to coordinate assignment of an Extension Project Number.

B. The Engineer shall prepare a Request for Construction Project, TAMUS Form C-1, and route for initial approval and source of funding from the Contracting Officer. This Form C-1 shall detail anticipated costs for design, program of requirements (POR) and/or surveys as well as information included in the original request.

Upon approval of the TAMUS Form C-1, a copy shall be routed to the AgriLife Fiscal Officer who will initiate the transfer of the design and POR/survey funds authorized by the Form C-1 to the designated project.

C. The Engineer shall then proceed with the preliminary design phases to determine if the project requirements can be met within the estimated costs. The Engineer may choose to engage an outside architect/engineer (A/E) or consultant (after due selection in accordance with state law), System Policy 51.02, Selection of Architrect/Engineer Design Team, System Regulations 25.99.02, Component Purchasing Authority, with its System Procurement Code, 51.02.01, Selection of Architrect/Engineer Design Team, Extension Rule 25.07.01.X2, Independent Contractors, and AgriLife purchasing guidelines.

Projects are subject to the requirements of The Texas Engineering Practice Act, Section 19 (Texas Civil Statutes, Article 3271a) unless contemplated expenditure for the completed project does not exceed the amounts set forth therein. This requires that ". . . engineering plans, specifications and estimates shall be prepared by, and the engineering construction shall be executed under the direct supervision of a licensed professional engineer . . ." authorized to practice in the State of Texas.

D. If it is determined that the project cannot be successfully completed within the estimated costs, the Engineer shall report this to the Contracting Officer as well as to the Initiator/Unit Representative.

E. The Contracting Officer shall make the final decision on the funding level of the proposed project. His decision will be forwarded to the Engineer who will proceed in the following manner:

1. If additional funds have been authorized, the Engineer shall prepare the final design for the project along with the appropriate bid documents.

2. If no additional funds have been authorized, the Engineer may attempt to reduce the scope of the project by working with the Iniator/Unit Representative. The Engineer shall then prepare the final design along with appropriate bid documents.

F. Project Design and Bid Documents shall include the following, as appropriate to the specific project.

1. Project design

a. Detailed drawings

b. Specifications

c. Time schedule

d. Cost estimate based on final design

2. Bid documents

a. Invitation to Bid

b. Instructions to Bidders (TAMUS Form C-3)

c. Bid Bond (TAMUS Form C-2)

d. Proposal (TAMUS Form C-4a and C-4b with bid sheet)

e. HUB Subcontracting Plan with attachments (Required for contracts estimated to exceed $100,000

f. Contract (TAMUS Form C-5a and C-5b)

g. Performance Bond (TAMUS Form C-6a)(Required for contracts estimated to exceed $100,000. Refer to TAMUS Form C-8, General Conditions, 3.4.

h. Payment Bond (TAMUS Form C-6b) (Required for contracts estimated to exceed $25,000. Refer to TAMUS Form C-8, General Conditions, 3.4.

i. General Conditions (TAMUS Form C-8)

j. Supplemental GeneralConditions

k. Special Conditions

l. Prevailing Wage Schedule

m. Rainfall Table

n. Technical Specifications

3. Compliance with building codes, other than applicable federal and state laws, is not mandatory; however, the following codes and industry/association publications (latest edition) serve as guidelines for construction projects within The Texas A&M University System.

a. International Building Code.

b. American Society of Heating, Refrigeration and Air Conditioning Engineers. Handbook (ASHRAE).

c. National Fire Protection Association.

d. National Electric Code.

e. Life Safety Code.

f. American Concrete Institute.

g. Manual of Steel Construction, American Institute of Steel Construction.

h. Occupational Safety and Health Administration Codes (OSHA).

i. Texas Energy Conservation Design Standards for New State Buildings.

j. Texas Accessibility Standard (TAS) and Americans with Disabilities Act (ADA).

4. Construction work performed for a state agency is exempt from the requirements of municipal ordinances requiring building permits. Compliance with municipal building codes is not required.

5. The initiator/Unit Representative shall review and sign off on the bid documents prior to advertising for bids.

A. The Engineer shall survey the construction industry in the locale of the project to determine the most advantageous method of handling the construction. If it is determined that several unrelated phases are involved and that these phases have no significant interaction, the Engineer may choose to bid the project in more than one phase, as authorized by Article VI of the State of Texas Uniform General Conditions in Construction Contracts.

B. Subsequent to final approval by the Contracting Officer, the project shall be advertised in accordance with policies established by Extension and the Board of Regents, depending upon the estimated cost:

For projects < $25,000 - Agriculture Program purchasing guidelines apply.

For Projects > $25,000 - As a minimum, the Notice of Project shall be published at least twice in one or more metropolitan newspapers, a local newspaper, a minority focused media of general circulation, and on the Texas Electronic Marketplace.

C. Bid Opening

1. The Engineer or designee and the Initiator/Unit Representative shall be present at the place named in the Notice of Project to receive bids up to the time stipulated. Proposals received after the advertised time shall be returned to the bidder unopened.

2. Before opening any bids, the Engineer shall first make sure the following documents, if required, are enclosed:

a. Proposed Guarantee (bid bond or cashier’s check).

b. Certificate of Good Standing (for corporate bidders only, issued by the State Comptroller’s Office).

c. HUB Subcontracting Plan.

Preferably, these documents should be enclosed in a separate envelope attached to the sealed bid and may be examined as soon as received. If, after a cursory examination, these documents are found to be completed in good order, the accompanying bid shall be approved for opening. Any bids with documents determined to be not in good order shall be returned unopened.

3. The Engineer shall publicly open all approved bids at the assigned time and place. After all bids are opened and before any are read, all bids shall be examined by the Engineer to determine if they are in proper form and properly signed. If an error or omission is discovered and classified by the Engineer as a technicality which the Board of Regents has reserved the right to waive, the bidder's representative may be permitted to make the appropriate correction. Any such correction shall be announced and explained to the others present for the bid opening. A bid which cannot be made eligible for consideration under this procedure shall not be read nor the bid prices thereof revealed and the bid shall be returned to the bidder with appropriate written explanation.

4. Bids found to be eligible for consideration shall then be read aloud, tabulated, and the apparent low bidder announced. Under no circumstances shall a bidder be permitted to alter his bid after the bids have been opened and read.

5. If only one bid is received, the Engineer shall consult the Contracting Officer, who shall decide whether to open the bid and take appropriate action or to return the unopened bid to the bidder.

6. The Engineer, in consultation with the Initiator/Unit Representative and others involved, shall review all opened bids along with any required submittals. Together they shall decide how best to proceed on the basis of the funds available.

7. After the bids are opened, but before proceeding further, the HUB Subcontracting Plans of all eligible bids shall be reviewed by the AgriLife HUB Coordinator to determine if they are indeed acceptable. If not, the AgriLife HUB Coordinator shall document all deficiencies and the affected bidder(s) will be so notified in writing.

8. If, after the bids have been opened, the low bidder claims he has made an error in the preparation of his bid and can support such claim with evidence satisfactory to the System General Counsel and the Contracting Officer, he shall be permitted to withdraw his bid. His bid guarantee shall be returned, and he shall be disqualified from bidding again on the project in the event additional bids are taken. In such event, action on the remaining bids shall be considered as though the withdrawn bid had not been received.

9. Proposal Guarantees of the three lowest bidders may be retained until after the Contract and Bonds have been executed. All other Proposal Guarantees shall be returned within four (4) working days after opening of proposals. (Refer to TAMUS Form C-3 Instructions to Bidders 5.4).

D. Bid Tabulation/Award

1. After completion and verification of the initial tabulation, the Engineer shall prepare and process for approval the appropriate Bid Tabulation/Award document.

a. For projects to be handled by Contract, use Bid Tabulation Report and Contract Award (TAMUS Form C-10). Typically, this should be used for phases concerning more than one discipline of work and costing greater than $25,000.

b. For projects to be handled by Purchase Order, compile a Bid Tabulation Report. Typically, this should be used for phases concerning a single discipline of work or costing $25,000 or less.

2. If the low acceptable bid exceeds the funds previously authorized, the Contracting Officer may decide to:

a. Abandon the project and return any unexpended funds to their source account, or

b. Rescope/redesign the project to conform to the funds authorized and rebid, or

c. Authorize additional funds for the project. If a TAMUS Form C-1 was approved initially, then an updated version will be required.

3. If the low acceptable bid is less than the funds previously authorized, the Engineer shall prepare a Request for Construction Project (TAMUS Form C-1) and route for approvals along with the Bid Tabulation/Award document. An updated version of the C-1 may be required.

4. The source of funding shall be specified (on the C-1) by the Contracting Officer.

5. Projects can not be awarded until such time as adequate funding has been appropriated either by TAMUS Form C-1, letter from/through the Contracting Officer or Board of Regents action.

A. After the project has been awarded, the Engineer shall forward appropriate Contract or Purchase Order documentation to the Contractor for execution.

1. For projects handled by Contract, the Contract documents shall include all applicable items (as shown in Item 4.00 F of this Procedure) and shall be bound. The minimum number of sets required includes the original for the Engineer's file, one set for the Contractor and one set for the surety agent if bonds are provided. Additional sets may be required depending upon the circumstances of the project.

2. For projects handled by Purchase Order, the document shall consist of the FAMIS purchase order issued by the AgriLife Purchasing Office for payment only.

B. A Notice to Proceed letter authorizing the official construction start date and setting a Pre-Construction meeting shall be prepared by the Engineer and forwarded to the Contractor. Copies of the Notice to Proceed letter shall also be sent to the Initiator/ Unit Representative and others as required for information.

C. The Bid Tabulation/Award document along with a Certified Purchase Request shall be transmitted to the individual Unit for submission to purchasing for a FAMIS purchase order and vouchering.

D. The Contractor shall not be allowed to begin physical work on any property of The Texas A&M University System until evidence has been provided that the required insurance (as shown in Item 5.7 General Conditions or specified otherwise) has been secured.

E. The Contractor shall be furnished a Sales Tax Exemption Certificate. It is the Contractor's responsibility to see that each of his subcontractors and suppliers are provided copies as required.

1. For Contracts, a Texas Sales Tax Exemption Certificate (Form 01-315), executed by the Engineer, shall be furnished.

2. For Purchase Orders, the statement on the Invitation for Bid form should suffice, otherwise an exemption certificate can be furnished upon request.

A. A Pre-Construction meeting will be held just prior to the start of the actual construction or soon thereafter to review the project and the expectations. Those present shall include the Engineer and/or designee, Initiator/Unit Representative, Contractor, key Subcontractors, and others involved.

B. The Engineer shall be responsible for inspection of the work and materials used therein during the construction phase. Additional routine inspections shall be performed by the Initiator/Unit Representative.

C. Contract changes, within appropriated funds, must be approved by the Engineer in consultation with the Initiator/Unit Representative. Changes which exceed appropriated funds and require additional funding shall be requested by Form C-1 through the Contracting Officer.

D. A copy of the change documents will be sent to the unit and the AgriLife Purchasing Office for changes to the FAMIS purchase order for proper processing and payment.

A. All expenditures of the Construction Project Account Funds must have the approval of the Engineer or designee.

B. The Unit is responsible for all payments, as outlined in the Instructions for Purchasing and Vouchering of Extension Minor Construction Projects (Attachment A), and in accordance with Agriculture Program guidelines.

C. No payments shall be authorized until the work has been inspected and approved by the Engineer or his designee.

A. When the Contractor has completed the work, he shall request a Pre-Final Inspection.

B. The Engineer and/or designee shall make a detailed inspection of all work and furnish to the Contractor a list of any deficiencies.

C. Upon notification that the deficiencies have been corrected, the Engineer and/or designee shall conduct a Final Inspection for verification purposes prior to authorizing Final Acceptance and Final Payment.

D. Any unexpended funds shall remain in the Construction Project Account for a minimum of six months, after which time the Engineer shall request the Extension Fiscal Officer to close out the account.

The typical warranty for projects (in accordance with Article XI, General Conditions) specifies that the Contractor shall guarantee that the work performed under the contract is free from faulty materials and workmanship and will remain so for a period of one year from the date of the Final Acceptance. Final payment on the contract by the Owner shall not relieve the Contractor of this responsibility. Extended warranty periods for specific items may be specified as deemed necessary.

For questions concerning these procedures, contact the AgriLife Engineering Services Office at 979-845-2180.

When bids are received and a project has been awarded, the Texas A&M AgriLife (AgriLife) Construction Engineer will authorize the Unit to initiate a Certified Purchase Request or Spot Purchase Order as appropriate and will send the necessary documentation to the Unit. Documentation sent to the Unit will be:

1. Memorandum, Purchase Order Authorization for Minor Construction Project.
2. A copy of the executed Bid Tabulation/Contract Award (Form No. C-10) OR Bid Tabulation listing all bids and justification for award, if applicable.
3. The Extension construction project number.
4. One copy of these Instructions.

Follow the AgriLife Purchasing Guidelines

When a FAMIS Purchase Order has been approved by the AgriLife Purchasing Office, a copy will be forwarded to the Engineer who will place the order. This step differs from our usual ordering procedure because the Unit does not place the order directly.

All expenditures of the Construction Project Account Funds must have the approval of the Engineer.

If the Unit receives an invoice directly from the vendor, contact the Engineer for authorization to pay.

When payment is authorized by the Engineer, prepare and submit a voucher for payment to the Fiscal Office.

No payments shall be authorized until the work has been inspected and approved by the Engineer or designee.