BUSINESS AND OPERATIONS: [LAW]
CONSTRUCTION MANAGER-AGENT CONTRACTS
The
following provisions apply only to a charter holder that has amended its
charter to adopt
The
school may award a contract for the construction, repair, or renovation, of a
structure, road, highway, or other improvement or addition to real property by
using a construction manager-agent.
1. Definition
A construction manager-agent is a sole proprietorship,
partnership, corporation, or other legal entity that provides consultation regarding
construction, rehabilitation, alteration, or repair of the facility. A school using the construction manger-agent
method may, under the contract between the school and the construction
manager-agent, require the construction manager-agent to provide administrative
personnel, equipment necessary to perform duties under this policy, on-site
management and other services specified in the contract. A construction manager-agent represents the school
in a fiduciary capacity.
2. Use of Construction Manager-Agent
The school
may use a construction manager-agent as a method of entering into a contract
for construction if it has determined that construction manager-agent provides
the best value for the school.
3. Delegation of Authority
The school board may not delegate to others the authority
to:
A.
Select the
construction delivery method that provides the best value; or
B.
Adopt special
rules and procedures for the selection process.
The board may choose to delegate its authority
regarding an action required under Texas Education Code Chapter 44, subchapter
B, to a designated person, representative, or committee. In procuring construction services, the school
shall provide notice of the delegation and the limits of the delegation in the
request for bids. If the school fails to
timely provide notice of the delegation, a ranking, selection, or evaluation of
bids, proposals, or qualifications for construction services, other than by the
board, is advisory only.
4. Notice of Bids and Selection
Criteria
A. Notice of the
time by when and place where requests for proposals or qualifications, as
appropriate, will be received and opened shall be published in the county in
which the school’s central administrative office is located, once a week for at
least two (2) weeks before the deadline for receiving proposals or qualifications.
If there is not a newspaper in that
county, the advertising shall be published in a newspaper in the county nearest
the county seat of the county in which a school’s central administrative office
is located. In a two-step procurement
process, the time and place where the second-step bids will be received are not
required to be published separately. [See also Selection process, paragraph
(6) below].
B. In the
published request for proposals or qualifications the school will identify the
criteria that will be used to evaluate the offerors and the relative weights
given to the criteria.
5. Designation of Engineer or Architect
Before or concurrently
with selecting a construction manager-agent, the school shall select or
designate an engineer or architect who shall prepare the construction documents
for the project and who has full responsibility for complying with Vernon’s
Texas Civil Statutes 3271a (Texas Engineering Practice Act) or Vernon’s Texas
Civil Statutes 249a, as applicable. If
the engineer or architect is not a full-time employee of the school, the school
shall select the engineer or architect on the basis of demonstrated competence
and qualifications as provided by § 2254.004, Tex. Gov’t Code. The school’s engineer or architect may not
serve, alone or in combination with another person, as the construction
manager-agent unless the engineer or architect is hired to serve as the
construction manager-agent under a separate or concurrent procurement conducted
in accordance with the contracting methods of Chapter 44, subchapter B of the
Texas Education Code.
6. Selection
The school shall select a construction manager-agent
on the basis of demonstrated competence and qualifications in the same manner
as provided for the selection of engineers or architects under § 2254.004, Tex.
Gov’t Code. [See Business and Operations: Professional Services Policies].
7. Contractors and Subcontractors
The school shall procure, in accordance with
applicable law and in any manner authorized by Chapter 44 of the Texas
Education Code, a general contractor, trade contractors, or subcontractors who
will serve as the prime contractor for their specific portion of the work.
8. Testing or Inspection
The school or the construction manager-agent shall
procure in accordance with § 2254.004, Tex. Gov’t Code, all of the testing
or construction materials engineering, the inspection services, and the
verification testing services necessary for acceptance of the facility by the
charter holder.
9. Making Evaluations Public
The school shall document the basis of its selection
and shall make the evaluations public not later than the seventh day after the
date the contract is awarded.