Chapter 70: Execution of Instruments
70.060 Consulting, Design and Construction
Bd. Min. 12-12-64, p. 26,063; Amended Bd. Min. 11-19-76; 8.250 R.S.Mo 1929; Bd. Min. 5-5-89, Amended Bd. Min. 12-15-95; Bd. Min. 9-27-01; Bd. Min. 3-22-02; Bd. Min. 12-11-03, Bd. Min. 5-5-06, Bd. Min. 10-5-07, Bd. Min. 9-24-10, Bd. Min. 8-19-11, Bd. Min. 1-31-13; Amended 4-11-14.
- The President shall have the authority to hire consultants and administer facilities design and construction operations in conformance with these Collected Rules and Regulations.
- Board of Curators approval shall be obtained for:
- Campus master plans when significant changes are proposed, but not less than every three years.
- The architectural and engineering consultant fees and the project budget, funding and scope of work for Capital Improvements projects with a total project cost of $5,000,000 or more, or debt financed projects, before the design of the project is started. This does not include the pre-design programming and planning to develop the estimated project cost, scope of work, and justification.
- The architectural and engineering consultant when the fees are more than $500,000 and the project cost is less than $5,000,000.
- If a previously approved Capital Improvement project changes substantially in size, scope, or cost, or the source of funds changes significantly, the Capital Improvement project shall be reapproved before construction begins, the Guaranteed Maximum Price is increased, or, in the case of a project that includes a series of construction contracts, the next construction contract is approved.
- Debt Financed Capital Improvement Projects
- Board of Curators approval shall be obtained for the use of debt financing on a project prior to bidding.
- Facilities and Administrative Cost Recovery may be used as an identified funding source for the debt service on debt issued to build research and academic buildings at the University of Missouri, on a facility for which the Board has approved a business plan. The approval of a business plan must occur prior to hiring architectural and engineering consultants. See CRR 145.010 "Policy for Management and Oversight of Debt and Derivatives" for overall limitations on this funding source.
- Project Design of new buildings and building additions with a total project cost greater than $5,000,000 will be presented to the Board of Curators for informational review before design is complete and construction contracts are awarded.
- An annual report shall be provided to the Board for construction contracts, including Construction Manager contracts, more than $500,000.
- The Board of Curators will review the Capital Project Plan annually.
- Competitive bids are not required for:
- Projects estimated at less than $25,000, if there are no savings or advantages to bidding.
- Master Construction Agreements
- Master Construction Agreements shall be competitively bid including price, firms’ qualifications and quality of services provided in evaluating the best proposal.
- Individual projects may be performed under Master Construction Agreements without seeking competitive bids for the individual projects.
- The construction cost for individual projects performed by Master Construction Agreements shall not exceed $1,000,000.
- Master Construction Agreements shall be annual agreements with annual renewals not to exceed a total contract period of (5) five years.
- Individual projects performed under a Master Construction Agreement would not be advertised for bidding.
- Codes and Standards
- All facilities shall comply with International Code Council (ICC) Codes. Codes and standards required by accreditation agencies will also be used unless the ICC requirements are more stringent. In the event that special design features and/or construction systems are not covered in the ICC codes, the applicable edition of the National Fire Protection Association (NFPA) family of standards and/or the NFPA 101 Life Safety Code shall be used.
- All facilities shall be in conformance with the Americans with Disabilities Act.
- Construction projects, other than individual projects performed on Master Construction Agreements, estimated to cost $100,000 or more shall be advertised for bid for five days in two newspapers with a circulation of at least 50,000, and at least two times over a 10 day period in a newspaper located in the county where the work is located, or advertised through an electronic medium if this method is more advantageous in soliciting competitive bids.
- Notwithstanding any provision herein to the contrary, the Board of Curators may, at its discretion, dispense with the competitive bidding and advertising requirements in this Section 70.060 as they relate to the construction of a building on University property if a private donor providing all or substantially all of the money for such construction project specifies, as a condition precedent to the donation, the architect and/or the general contractor to be utilized. In exercising its discretion concerning such donations, the Board of Curators’ considerations will include, but not necessarily be limited to, the capabilities and prior experience of the architect and/or general contractor with similar construction projects, the ability of the University to assure that the building meets all applicable construction standards and codes, any conflicts of interest that may exist for the donor, the architect and/or general contractor and the ability of the University to assure compliance with all applicable contract terms and laws related to such construction projects. Any such approval by the Board of Curators to dispense with the competitive bidding and advertising requirements in this Section 70.060 shall be contingent upon the willingness of the specified architect and/or general contractor to agree in writing to comply with standard University contract terms and conditions and to perform such contractual obligations for a specified amount within the specified budget for the construction project.
- Preference shall be given to Missouri products and firms when such are equally or better suited for the intended purpose and can be obtained without additional cost. Firms are considered "Missouri firms" if they maintain a regular place of business in the State of Missouri.
- The prevailing wages in the community where construction takes place shall be required to be paid on all construction projects for construction work. Prevailing wages are not required to be paid for maintenance work.