1. (a) Initiation of a construction project.

   1. (1) The using agency is responsible for initiating a construction project. The using agency may commence the process by submitting a request to initiate work on the project. Request forms are provided by the FCSMD. The using agency must identify the source and amount of funds to be applied to the project. If the funds for the project are not directly appropriated to the GSC, the using agency must execute an interagency agreement with the GSC, which will govern the payment of all services and contracts necessary to accomplish the project.
   2. (2) Projects must be initiated on or before January 1 of even-numbered years for a contract award to be made within the fiscal year for which appropriated project funds are available. Based upon the size and complexity of a given project, the FCSMD may determine an appropriate schedule to ensure properly prepared bidding documents, bids, and awards.
   3. (3) If requested by the using agency and acceptable to the GSC, professional design services on new construction and renovations may be performed by the FCSMD.
   4. (4) Selection of a private firm to provide design services on a project will be in accordance with §123.27 of this chapter (relating to Selection of Design Professionals for Construction Projects).
   5. (5) If a construction project is supported by a project analysis, the analysis shall be the project program unless the using agency advises that unavoidable changes in project conditions has forced a modification in the analyzed concept.
   6. (6) If a construction project is not supported by a project analysis, the using agency must cooperate with the FCSMD and the design professional to provide necessary data with which to prepare a project program.

2. (b) Provisions for using agency funded projects.

   1. (1) The FCSMD Director shall designate a project manager to administer all contracts necessary to accomplish the project for construction projects in which the using agency maintains the appropriated funds. A using agency shall appoint a single employee to serve as a contact between the FCSMD and the using agency for all decision-making related to the project when construction project funds are not directly appropriated to the GSC.
   2. (2) During project development, the using agency shall review and approve each phase of design before the next phase is started, including schematic design, design development, and finished construction drawings and specifications.
   3. (3) After the using agency's approval of complete construction drawings and specifications, the FCSMD shall have the authority to proceed with solicitation of bids and award of contracts.
   4. (4) Should the project budget not provide a basis for recommending a contract award, the FCSMD will confer with the using agency to determine whether the scope of the project can be reduced to bring it within the budget.
   5. (5) Upon receipt of a formal concurrence from the using agency with the FCSMD recommendation and/or acceptable alternate recommendation, the commission will award a contract and FCSMD will proceed with administering the construction project.
   6. (6) During the construction contract, the FCSMD will recommend all payments to the using agency for final approval and processing. Responsibility for compliance with Texas Government Code, Title 10, Subtitle F, Chapter 2251 (relating to the Payment for Goods and Services), rests with the using agency.
   7. (7) During tenure of the construction contract, any changes in the scope of the work shall be approved by the using agency before being made a part of the construction contract by the FCSMD.
   8. (8) Upon completion of construction, a representative of the using agency may attend the owner's final inspection called and conducted by the FCSMD.
   9. (9) Upon completion of a construction project, the FCSMD will establish the warranty date in compliance with contract documents and release the project to the using agency for occupancy and use. The using agency then assumes responsibility for use and maintenance of the facility.
   10. (10) During the warranty period on a construction project, the FCSMD is responsible for ensuring that the contractor meets the terms of such warranties.

3. (c) Provisions for GSC funded projects.

   1. (1) For construction projects supported by a direct appropriation to the GSC, the FCSMD director shall designate a project manager to administer all contracts necessary to accomplish the project. The project manager shall inform the using agency of the status of the project. The using agency shall not interfere with the progress of a GSC funded project.

   2. (2) The GSC shall exercise final decision-making authority over the following steps in the construction project development and implementation process:

      1. (A) During project development, the FCSMD staff shall review and approve each design phase before next phase is started, including schematic design, design development, and finished construction drawings and specifications.
      2. (B) The FCSMD shall issue solicitations for bids and prepare awards for construction contracts, subject to commission approval.
      3. (C) If bid amounts exceed the budget, the GSC shall determine whether the scope of the project can be reduced to bring the project within the budget.
      4. (D) The FCSMD shall administer the project construction contract.
      5. (E) During tenure of the construction contract, the FCSMD will make all payments, after review and recommendation by the project manager and the design professional.
      6. (F) During tenure of the construction contract, any changes in the scope of the work shall be approved by the GSC.
      7. (G) Upon completion of construction, the FCSMD shall conduct a final inspection.
      8. (H) Upon completion of a construction project, the FCSMD will establish the warranty date in compliance with contract documents and release the project to the using agency for occupancy and use. The using agency then assumes responsibility for use and maintenance of the facility.
      9. (I) During the warranty period on a construction project, the FCSMD is responsible for ensuring that the contractor meets the terms of such warranties.

Source Note:The provisions of this §123.25 adopted to be effective August 13, 2000, 25 TexReg 7626.