CV(LEGAL) - FACILITIES CONSTRUCTION

Note: For information on procuring goods and services under Education Code Chapter 44, see CH(LEGAL).

Board Authority

Delegation of Authority

Contracts Valued at or Above $50,000

  1. An interlocal contract. [See CH]
  2. Competitive bidding. [See CVA]
  3. Competitive sealed proposals. [See CVB]
  4. Construction manager-agent method. [See CVC]
  5. Construction manager-at-risk method. [See CVD]
  6. Design-build method. [See CVE]
  7. Job order contract. [See CVF]
  8. The reverse auction procedure as defined by Government Code 2155.062(d). [See CH]

Selecting a Contracting Method

Exceptions

Emergency Damage or Destruction

Contracts Requiring a Bond

Public Notice

Contract Selection Criteria

  1. Any existing laws, including any criteria, related to historically underutilized businesses; and
  2. Any existing laws, rules, or applicable municipal charters, including laws applicable to local governments, related to the use of women, minority, small, or disadvantaged businesses.
  1. Price.
  2. The offeror's experience and reputation.
  3. The quality of the offeror's goods or services.
  4. The impact on the ability of the district to comply with rules relating to historically underutilized businesses.
  5. The offeror's safety record.
  6. The offeror's proposed personnel.
  7. Whether the offeror's financial capability is appropriate to the size and scope of the project.
  8. Any other relevant factor specifically listed in the request for bids, proposals, or qualifications.

Out-of-State Bidders

Publishing Criteria

Submission

Selection

Making Evaluations Public

Required Contract Provision

Change Orders

Inspection, Verification, and Testing

Impact Fees

Energy Savings Performance Contracts

Professional Services

Architects and Engineers

Registered Architect

  1. A new building constructed and owned by a district that will be used for education, assembly, or office occupancy when the total projected construction costs at the commencement of construction exceed $100,000.
  2. Any alteration or addition to an existing building owned by a district that is, or will be, used for education, assembly, or office occupancy when the total projected construction costs of alteration or addition at the commencement of construction exceed $50,000 and the alteration or addition requires the removal, relocation, or addition of any walls or partitions or the alteration or addition of an exit.

Registered Engineer

Certification for Purchases Through Purchasing Cooperatives

  1. The project for which the construction-related goods or services are being procured does not require the preparation of plans and specifications under Chapter 1001 or 1051, Occupations Code; or
  2. The plans and specifications required under Chapters 1001 and 1051, Occupations Code, have been prepared.

Procuring Professional Services

  1. First select the most highly qualified provider on the basis of demonstrated competence and qualifications; and
  2. Then attempt to negotiate a contract with that provider at a fair and reasonable price.

Contracts for Engineering or Architectural Services

Indemnification

Duty to Defend

District as Additional Insured

Standard of Care

  1. With the professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license; and
  2. As expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect.

Right to Work

  1. May not consider whether a person is a member of or has another relationship with any organization; and
  2. Shall ensure that its bid specifications and any subsequent contract or other agreement do not deny or diminish the right of a person to work because of the person's membership or other relationship status with respect to an organization.

Accessibility

Payment and Performance Bonds

Failure to Obtain Payment Bond

No Bond for Design Services Only

Bond for Insured Loss

  1. A performance bond for the benefit of a district, as described above; and
  2. A payment bond, as described above. If the payment bond is not furnished, a district is subject to the same liability that a surety would have if the surety had issued the payment bond and the district had required the bond to be provided.

Exception to Bond Requirement

Prevailing Wage on Public Works

Enforcement

Retainage and Reimbursement

Penalty for Noncompliance

Required Workers' Compensation Coverage

  1. Include in the bid specifications all the duties and responsibilities of contractors pertaining to required workers' compensation coverage, using the language required by 28 Administrative Code 110.110(c)(7).
  2. As part of the contract, using the language required by 28 Administrative Code 110.110(c)(7), require the contractor to perform the duties and responsibilities pertaining to required workers' compensation coverage as set out in 28 Administrative Code 110.110(d).
  3. Obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project. This provision includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, but is not limited to, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. "Services" includes, but is not limited to, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.
  4. Obtain from the contractor a new certificate of coverage showing extension of coverage:
    1. Before the end of the current coverage period, if the contractor's current certificate shows that the coverage period ends during the duration of the project; and
    2. No later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project.
  5. Retain certificates of coverage on file for the duration of the project and for three years thereafter.
  6. Provide a copy of the certificate of coverage to the Texas Department of Insurance, Division of Workers' Compensation upon request and to any person entitled to a copy by law.
  7. Use the language contained in 28 Administrative Code 110.110(c)(7) for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation.

Exception

Criminal History

Impermissible Practices

Enforcement Actions

Defects in Instructional Facilities

"Net Proceeds"

"State's Share"

Attorney Fees

Prohibited Contracts

Childress ISD

CV(LEGAL)-P

UPDATE 109

DATE ISSUED: 10/19/2017