Loading...
8630 Supp 5 - BP-ConstructionPlansandSpecifications Construction Plans & Specifications Instructions 1 | TPWD Local Park Grant Construction Plans & Specifications | Updated 04/01/2021 Introduction to Construction Plans & Specification Methods The procurement methods, plans, specifications, and related construction documents must be reviewed by Recreation Grants Staff prior to receiving a notice to proceed. All sponsors of local park grant projects must follow the Local Government Code of the State of Texas, plus any local rules, policies, ordinances, or regulations that are more restrictive than the state code. Typical methods of construction include: - Contract bid construction - In-house construction: o Force account construction o Construction by donation - Turnkey purchases and installation: o Local government purchasing cooperative o Small procurements - In rare cases: o Construction manager-agent o Design build - A combination of methods If you use more than one method of construction, you will need to follow all required steps for each method. The Texas Municipal League publishes two papers that can be used as a reference in navigating relevant portions of State Code when selecting and administering construction and procurement methods: - Municipal Procurement Made Easy - Design-Build Handbook Before proceeding to construction or installation of small items, every project sponsor is responsible for ensuring that all pre-construction tasks have been submitted to Recreation Grants Online and reviewed and accepted by Recreation Grants Staff. Typical pre-construction tasks include appraisals and acquisition, environmental permitting, interlocal agreements, cultural resource permitting and clearance, registration and compliance with TDLR. Some tasks, such as a TCEQ Stormwater PPP, may be included in a construction contractor’s scope of work and can be submitted after awarding contract. Note: No construction at the site may be initiated until 1) the grant agreement is active and executed, 2) the pre-construction tasks have been completed, 3) the plans and specifications have been accepted by Recreation Grants Staff. Beginning construction before these steps may jeopardize your funding. Construction Plans & Specifications Instructions 2 | TPWD Local Park Grant Construction Plans & Specifications | Updated 04/01/2021 Construction Plans & Specifications Approval Flow *Construction by donation follows same flow as force account **Small procurement follows same flow as purchasing cooperative Contract Bid Construction Prepare plans & specs Submit 100% plans, signed and sealed, on Recreation Grants Online Rec Grants reviews plans & specs (up to 30 days) Rec Grants issues acceptance and authorization to proceed Advertise for bids Open bids Award contracts Submit bid advertisement and tabulations to Rec Grants Online Ensure all other pre-construction tasks have been completed and approved Construction Force Account Construction* Prepare plans & specs Submit 100% plans, signed and sealed, on Recreation Grants Online Rec Grants reviews plans & specs (up to 30 days) Rec Grants issues acceptance and authorization to proceed Ensure all other pre-construction tasks have been completed and approved Construction Purchasing Cooperative** Identify items for purchase/installation on Buyboard or similar coop Submit proposed procurement items on Recreation Grants Online Rec Grants reviews plans & specs (up to 30 days, depending on scope) Rec Grants issues acceptance and authorization to proceed Ensure all other pre-construction tasks have been completed and approved Procurement/Installation Construction Plans & Specifications Instructions 3 | TPWD Local Park Grant Construction Plans & Specifications | Updated 04/01/2021 Design/Development Instructions The Recreation Grants Staff reviews all plans and specifications. Plans and specifications must be uploaded on our Online Grants Management System at: https://tpwd- recgrants.intelligrants.com/login2.aspx 100% Signed and Sealed Plans: Plans and specifications must bear the registration seal and signature of the designer, who is reminded that ethically their seal should appear only on documents for which they are personally responsible for and technically proficient. Plans may be developed by a licensed architect, landscape architect, or engineer. All plans and specifications must be accepted by the Department prior to awarding of the construction contract, or if by force account, the construction of the elements. Staff primarily reviews construction plans and specifications to ensure compliance with the scope of work as set out in the grant agreement. Further design consultation is available upon request. Pre-Construction Tasks: Permits or letters of approval must be uploaded, processed, and approved before construction plans and specifications can be accepted. Examples: Army Corps of Engineers evaluation and permit, U.S. Fish & Wildlife survey and permit. Overmatch in Bid Proposals: Bid proposals must identify costs of any portion of the work not supported by Fund assistance. These costs must be easily separated for audit purposes. Local Purchasing Cooperative: Recreation Grants staff may require plans and specifications for items purchased through a local purchasing cooperative such as Buyboard depending on the size, scope, and intensity of the items procured. Each item selected through a local purchasing cooperative must be submitted to Recreation Grants staff for review and acceptance before it is purchased. All documentation from the cooperative must be included. All quotes from vendors must clearly state the cooperative contract number. Recreation Grants staff must be able to determine that the vendor selection process was achieved through the purchasing cooperative. Providing evidence of the vendor’s registration on the cooperative is not enough to warrant acceptance by Recreation Grants staff. Small Purchases: Plans and specifications are not required on items such as playground equipment, picnic tables, and benches to be purchased when the invoice amount is $50,000 or less. However, information for small purchases must be submitted through Recreation Grants Online for approval. Required information includes manufacturer’s name, model number, as well as any relevant information required by the grant agreement scope, such as material composition. Tear sheets or other manufacturer documentation is the preferred submission item. Installation Plans for Local Purchasing Cooperatives and Small Purchases: Each park construction project needs to provide construction plans and specifications that can be Construction Plans & Specifications Instructions 4 | TPWD Local Park Grant Construction Plans & Specifications | Updated 04/01/2021 registered with the Texas Division of Licensing and Registration and reviewed for accessibility requirements. This is required for all projects, even those that may not include contractor bid or force account construction. In addition, Recreation Grants staff needs to understand where elements are to be installed and how they will work in context of the overall project. Construction elements involving water or other sensitive resources may require more detailed documentation. Detailed Definitions of Construction Methods CONTRACT BID CONSTRUCTION Political subdivisions must comply with the Local Government Code Chapters 252, 262, and 375 requirements governing advertisement of bids. It is the responsibility of the sponsor to adhere to all local, state, and federal laws and regulations regarding bidding procedures. These procedures generally require award of a construction contract to the lowest qualified bidder. If applicable, the sponsor must submit written justification as to why the contract should not be awarded to the lowest bidder; the Department must concur with the justification. The Department requires that a copy of the bid advertisement and the tabulation of all bids received before reimbursing any contract expenditures. Executed contract change orders relating to construction of grant elements must be forwarded to the Department for review. Sponsors of funded projects must, at minimum, follow these purchasing requirements: Expenditure Amount Requirement $50,000 or less May award to vendor of choice $50,000.01 or more Formal bids required It is the responsibility of the sponsor to determine if local codes or regulations require formal bids at a lower price point. It is the responsibility of the sponsor to manage the formal bid process according to the stipulations provided in the Local Government Code and local regulations. Multiple purchasing or phased purchasing to avoid the bidding process is specifically prohibited by the Local Government Code. For example, purchasing $60,000 worth of material in two $30,000 lots to avoid soliciting bids as required above is not allowed. FORCE ACCOUNT CONSTRUCTION Construction performed by the sponsor’s own work force including work provided by other governments must be recorded and certified on work record forms. Fringe benefits paid by the sponsor such as FICA, insurance, and retirement, are allowable expenses, but the method of determination must be documented. Fringe benefits may be Construction Plans & Specifications Instructions 5 | TPWD Local Park Grant Construction Plans & Specifications | Updated 04/01/2021 computed on a percentage of total payroll, provided the method of determination is approved. The sponsor’s payroll records may be verified at the final audit/inspection. CONSTRUCTION BY DONATION The value of donations may be used only to meet cost sharing or matching requirements. The Department must be assured that the donation is at actual cost. The sponsor may not make a profit from any donation claimed on the grant. Labor or Services: Donated labor or services will be recognized for matching purposes at the local common laborer wage, minimum wage or wage the sponsor pays that type of employee or service. Volunteer labor is valued at minimum wage unless an individual is donating labor or services in their trade such as an electrician, brick layer, carpenter, etc. In that case, reimbursement will be based on the prevailing wage paid in the locality for that specialized trade. The “Certification of Donated Labor or Service” form must be completed and submitted with a signed force account work record. The force account work record form may be used for documenting donated labor provided the individual donating the labor or service certifies by signature that the hours worked are correct. The sponsor’s project officer or supervisor is also required to certify the work record. Labor performed by individuals from correctional institutions must be documented in writing by an officer of the correctional institution. Materials: Donated materials will be recognized for matching purposes at the actual cost or at the normal price charged by a vendor. All vendors donating materials must submit an invoice and a signed letter stating that they are making a donation and that the invoiced amount is the actual price of goods or services normally charged all customers. Equipment: Donated equipment use will be recognized for matching purposes at rates established by the Department, providing that the firm is not in the equipment rental business. If equipment is donated from a rental agency, the donor must submit an invoice and signed letter stating that the invoiced amount is the normal price charged all customers. LOCAL GOVERNMENT PURCHASING COOPERATIVE The Local Government Purchasing Cooperative is an administrative agency created in accordance with Texas Government Code Chapter 791 (Inter-local Cooperation Contracts): “A local government that purchases goods and services under this section satisfies the requirement of the local government to seek competitive bids for the purchase of the goods and services.” Construction Plans & Specifications Instructions 6 | TPWD Local Park Grant Construction Plans & Specifications | Updated 04/01/2021 Its purpose is to obtain the benefits and efficiencies that can accrue to members or a cooperative, to comply with state bidding requirements, and to identify qualified vendors of commodities, goods, and services. Membership is free and open to all local governments, non- profits, and other political subdivisions of the state of Texas.