UCLA DA 820.63: Construction Contracts
Date:
June 02, 2011
From: Assistant Vice Chancellor, Facilities Management Gail Cowling
To: Director, Design, Project Management & Operations Jerry Markham
Director, Maintenance & Alterations Leroy Sisneros
Assistant Director, Design, Project Management & Operations Dave Noda
References:

(a)    UC DA 2173 (Construction Contracts) to Chancellors, et al., dated November 13, 2006;

(b)    Regents’ Standing Order 100.4(z) and (dd);

(c)    Public Contract Code, Part 2, Chapter 2.1, University of California Competitive Bidding (commencing with Section 10500);

(d)    University of California Facilities Manual, Volume 3.

Supersedes: UCLA DA 820.19 (Construction Contracts) to Directors Johnson, Markham, Sisneros and Assistant Director Noda, dated 5/12/08.

Effective as of the date above, I hereby delegate to Directors Markham and Sisneros, the authority to solicit bids and execute construction contracts and other necessary documents with total project costs not exceeding $2,000,000 for Director Markham, and $1,000,000 for Director Sisneros, for approved projects within your respective areas of responsibility, and other projects for which you may be specially assigned project management responsibility with the same total project cost limits. I will, however, retain the authority to approve justifications for negotiated construction contracts. Exercise of your authority is subject to the following restrictions:

  1. Execution of a contract for a project shall not cause the total cost of the Project (including site clearance, building construction, exterior utilities, site development, A&E fees, campus administration, surveys & tests, special items, construction contingency, and group 2 & 3 equipment) to exceed the approved capital improvement budget.

  2. Bid solicitations and contract awards shall comply with applicable State law and shall be subject to regulations and requirements specified in the University of California (UC) Facilities Manual and other requirements which may be established from time to time by the Office of the President, including the requirements stated in UC DA 2219 (Approval of Project Design), UC DA 2220 (Appointment of Executive Architects, etc., and UC DA 1040 (Bonding Requirements for Construction Contracts).

You are authorized to use the following modes of contracting as defined in Public Contract Code Section 10503, subject to requirements in the UC Facilities Manual: Complete plans and specifications (Lump Sum); Design-and-build (Design-Build); Construction manager (CM at Risk); and Cost-plus-fee.

Public Contract Code, Section 10503(e) authorizes The Regents to solicit bids under such other contracting modes as The Regents determine to be in the best interest of the University, provided that such bids or proposals are compared on a uniform basis and that the award is made as determined by the published selection standards. You are hereby authorized to use the following additional contracting modes (pursuant to Standing Order 100.4(dd)), subject to the requirements in the UC Facilities Manual: Job order or delivery order; Time and materials; Unit Pricing; and Energy retrofit and performance contracting.

Subject to requirements in the UC Facilities Manual, you are also authorized:

  1. To consent to the withdrawal of a bid after bids are opened and the bidder claims a mistake, under the conditions specified in the UC Facilities Manual section on “Modification or Withdrawal of Bids after the Bid Deadline”;

  2. To negotiate and execute change orders to a construction contract, within appropriated funds; and

  3. To sign notices of completion in the name of the Corporation.

I hereby delegate to Assistant Director Noda the authority to negotiate and execute change orders to construction contracts for approved projects within his area of responsibility, with total project costs not exceeding $1,000,000. This authority shall be executed in accordance with all relevant regulations and requirements as specified in the preceding paragraphs.

Any modifications to approved contract documents not authorized by the UC Facilities Manual require review and approval by the General Counsel and the Office of the President. Detailed requirements are set forth in the UC Facilities Manual.

This delegation is being reissued due to an organization change. The individual project cost limit for Director Markham has increased from $1,000,000 to $2,000,000. There are no other substantive changes to the delegation being superseded. This authority may not be further redelegated. '


cc: Chancellor
Executive Vice Chancellor & Provost
Administrative Vice Chancellor
Vice Chancellor, Finance, Budget & Capital Programs
Contracts Administrator, Campus Capital Programs
Manager, Administrative Policies & Delegations