PURPOSE OF THIS POLICY
Colorado law requires that public entities, conform to specific statutory and regulatory requirements for funding, initiating, performing, bidding, insuring, bonding, and contracting for any type of construction, including small projects and remodels. All construction activities must be undertaken pursuant to the authority of the State Architect, who has delegated authority to the CSU Architect as primary delegate to sign contracts, authorize work, and oversee project management. Selection of contractors and other professionals require specific procedures that must be followed. Plan approvals, code compliance inspections, and other aspects of construction planning and performance must also be managed by Facilities Management to avoid risks to the University.
APPLICATION OF THIS POLICY
This policy will apply to all campus units.
EXEMPTIONS FROM THIS POLICY
The Department of Housing and Dining Services, the Lory Student Center, and the Colorado State Forest Service are exempt from the requirements of this Policy, to the extent authorized by agreement with Facilities covering maintenance work performed by trained in-house staff. Professional services subject to C.R.S. §24-30-1403, et seq. are not within the scope of this exemption.
DEFINITIONS USED IN THIS POLICY
“Construction” or “Construction Project” or “Renovation”: Any construction, alteration, repair, demolition, or improvement of any land, building, structure, facility, road, highway, bridge, or other public improvement for use by or for the University, and maintenance of such facilities. This includes, without limitation:
- Purchase of land, regardless of the value thereof;
- Purchase, construction, remodeling, renovation, or demolition of buildings or other physical facilities, including utilities, to make physical changes for any reason, including, but not limited to, making programmatic changes, to meet standards required by applicable codes, to correct other conditions hazardous to the health and safety of persons which are not covered by codes, to effect conservation of energy resources, to effect cost savings for staffing, operations, or maintenance of the facility, or to improve appearance;
- Site improvement or development;
- Purchase and installation of the fixed and movable equipment necessary for the operation of new, remodeled, or renovated buildings and other physical facilities and for the conduct of programs initially housed therein upon completion of the new construction, remodeling, or renovation;
- Contracting for or performance of building trades and services, including, but not limited to, electrical, plumbing, painting, flooring, installation or removal of mechanical systems, paving, concrete work; and
- Purchase of the services of architects, engineers, land surveyors, industrial hygienists, landscape architects, and other consultants to prepare plans, program documents, life-cycle cost studies, energy analyses, and other studies associated with any construction project, and/or to supervise construction or execution of such capital construction projects.
“Professional Services”: As used herein, “professional services” has the meaning set forth in C.R.S. §24-30-1403(6), and includes all services within the scope of the practice of architecture, engineering, professional land surveying, landscape architecture, and industrial hygiene.
All University departments/units desiring to initiate any construction project (as defined herein) are required to contact Facilities Management prior to commencing any work, retaining any contractor, soliciting any bid or quote, or otherwise commencing the project, regardless of the project cost. Departments may not independently retain the services of contractors or hire or use existing employees to perform construction, including (but not limited to) carpentry, painting, plumbing, electrical, or any other building trades, for any amount, without prior approval from Facilities Management.
The Department Head or other representative of any campus unit desiring to undertake any construction project is responsible for contacting Facilities Management to discuss the need for the project, funding, projected timeline, and other aspects of the project before any work is undertaken or any contractor is consulted.
Facilities Management shall determine what reviews and approvals may be required for a proposed project (e.g., CSU Physical Development Committee, Board of Governors, State Legislature, State Buildings Programs, or other official or body); shall advise the unit representative regarding the processes for requesting and obtaining any required approvals; and may assist the unit in the planning, bidding, contracting and performing the work. The approval of the Operations Committee of the Cabinet is required for all projects with an estimated total cost of $150,000 or more.
Small-dollar projects (those under $150,000 total estimated cost) that can be performed by Facilities Management staff shall be estimated by Facilities Management before any contract is solicited. If Facilities cannot perform the work, or the campus unit desires to use an outside contractor, Facilities and Purchasing remain responsible for conducting the vendor selection process. Whenever an outside contractor is used, the Director of Facilities must determine whether or not project oversight and management by Facilities is required.
Facilities shall require that either the Dean’s or Vice President’s office of the appropriate college or department is notified on all requests that are initiated directly by unit department heads and directors.
In the event of a disagreement between a campus unit and Facilities Management as to project oversight, management, timing of performing services, or use of in-house vs. contract labor, the Dean or Director responsible for the unit and the Director of Facilities will meet and confer. If the disagreement cannot be resolved, the parties will inform the Vice President for University Operations of the circumstances for a determination.
Failure to comply with this Policy may result in immediate suspension of any work and termination of any unauthorized contract.
Board of Governors Resolution dated Dec.5, 2007
C.R.S. §24-30-1302, State Buildings Programs
C.R.S. §§24-30-1303(1)(z), (3)(a), (5)(a),(b),(c) (delegations to agencies/institutions)
C.R.S. §24-30-1401-1403 (negotiation of consultants’ contracts/professional services)
C.R.S. §§24-92-101, et seq., Construction Bidding for Public Projects
C.R.S. §§24-105-101, et seq., Construction Contracts
APPROVED by: Anthony A. Frank, President Aug. 30, 2011