AUTHORITY TO: |
WHO HAS AUTHORITY: |
SOURCE OF AUTHORITY: |
LIMITATIONS OF AUTHORITY: |
1. APPROVE CAPITAL
IMPROVEMENT PROGRAM
|
1. Approve
Capital Improvement Program
(one-year budget for state capital outlay and accept a 10-year Capital Financial Plan) |
Regents
have Basic Authority
|
Bylaws 5.1(a) & 10.1
Authority through Grounds
and Buildings and Finance Committees, specified in Bylaw 12.4(c)
|
|
2. AMEND CAPITAL
IMPROVEMENT PROGRAM
|
Amend Capital
Improvement Program"Standard Process"
2a. Amend overall Capital Improvement
Program
|
President
has Basic Authority for projects not exceeding $10 million.
|
Standing Order 100.4(q)(1)
|
|
| Delegated to Chancellors, VP-Agriculture & Natural
Resources, Director-LBNL |
DA
2574dated
3/1/13 (supersedes DA 2230)
|
Non-State-Funded
Major
and Minor
Capital
Improvement Projects
with a Total
Project
Cost Not to Exceed $10,000,000 |
Delegated
to EVP-Business Operations
|
DA 2576 dated 3/1/13
(supersedes DA 2224)
|
Same as President's
authority under 2a. Redelegated to VP-BCR in 2576A.
|
Amend Capital
Improvement Program"Delegated Process"
2b. Amend overall Capital Improvement
Program
|
President
has Basic Authority for eligible projects not exceeding $60 million.
|
Standing Order 100.4(q)(2)
|
|
| Delegated to Chancellors, VP-Agriculture & Natural
Resources, Director-LBNL
|
DA
2574dated
3/1/13 (supersedes DA 2230)
|
Pilot Phase of the Delegated
Process for
Capital Improvement Projects ("Delegated
Process") -Amendments to the Capital
Improvement Program for Projects Not to Exceed
$60
million |
Delegated
to EVP-Business Operations
|
DA 2576 dated 3/1/13
(supersedes DA 2224)
|
Same as President's
authority under 2a. Redelegated to VP-BCR in 2576A.
|
3. SOLICIT AND ACCEPT
FUNDS FOR CAPITAL OUTLAY
|
Solicit
and Accept Funds for Capital Outlay
3a. From the State of California
|
President
has Basic Authority
|
Standing
Order 100.4(dd)
|
|
Chief Investment Officer
of The Regents has Basic Authority to receive and collect funds.
|
Bylaw
21.4
|
Solicit
and Accept Funds for Approved Capital Outlay
3b. From extramural sources
(including funds for related construction)
|
Regents
have Basic Authority
|
Bylaw
12.2(d)
|
|
President
has Basic Authority
|
Standing
Order 100.4(dd) and specific action of Regents
|
|
| Delegated to Provost and EVP-Academic Affairs |
DA 2243 dated
11/2/09
(supersedes DA 2034)
|
|
Delegated to Chancellors, VP-Agriculture & Natural
Resources, Director-LBNL |
DA 2569 dated 4/19/12
(supersedes DA 2036)
|
This
action relates to grants with related construction.
|
Solicit and Accept
Funds for Approved Capital Outlay
3c. From extramural grants and
contracts for construction of facilities
|
President
has Basic Authority
|
Standing
Order 100.4(dd) |
|
Delegated
to Chancellors; VP Agriculture & Natural Resources
|
DA 0693 dated 4/7/81
|
|
Solicit and Accept
Funds for Approved Capital Outlay
3d. Gifts
and Private Sources |
Regents
have Basic Authority |
Bylaw
5.1(a)
Bylaw
12.2(e)
|
|
President
has Basic Authority
|
Standing
Order 100.4(dd)
|
|
Delegated to Chancellors; VP-Agriculture and Natural
Resources
|
DA 2011 dated
3/23/94
(supersedes DA 0894)
|
Same as authority of
President under 3d, up to $5 million.
|
Delegated
to SVP-External Relations
|
DA 2011 dated
3/23/94
(supersedes DA 0894)
|
Same as authority of President under 3d, and is also authorized to accept gifts to the
University that have not been designated for a specific campus, or that have
been designated for use by more than one campus.
|
Solicit and Accept
Funds for Approved Capital Outlay
3e. Approve and conduct fund-raising
campaigns
|
Regents
have Basic Authority |
Bylaws
12.2(f) |
|
President
has Basic Authority
|
Standing
Order 100.4(dd)
|
|
Delegated
to Chancellors; VP-Agriculture & Natural Resources; SVP-External Relations
|
DA 2018 dated
5/26/94
(supersedes DA 0895)
|
|
Solicit
and Accept Funds for Capital Outlay
3f. From multiple sources
|
Regents
have Basic Authority
|
Bylaw
5.1(a)
Bylaws
12.2(e) and (f)
|
|
President
has Basic Authority
|
Standing
Order 100.4(dd)
|
|
Solicit
and Accept Funds for Capital Outlay
3g. From University funds
|
Regents
have Basic Authority
|
Bylaws
12.3(b) & (c)
|
|
Solicit
and Accept Funds for Approved Capital Outlay
3h. From other loan sources (external
financing)
|
President
has Basic Authority (for preparation of applications and fund acceptance)
|
Regents
to President annually by specific action of Regents
|
Provided
Chief Investment Officer of the Regents has concurred as required by Bylaw
21.4(d).
|
Chief Investment Officer
of the Regents has Basic Authority (for execution of applications)
|
Bylaw
21.4(d)
|
Delegated
to Chief Investment Officer of the Regents (for acceptance of funds)
|
Bylaws
21.4(a) and (h) (receive funds from President)
|
Delegated
to EVP-Business Operations |
(part
of assigned business management functions)
|
Solicit and Accept
Funds for Capital Outlay
3i. From Governor's Office of Emergency Services
under Hazard Mitigation Grant Program (HMGP)
|
Delegated
to Chancellors
|
DA 2096 dated
2/17/98
|
|
4. ALLOCATE FUNDS FOR
CAPITAL OUTLAY BUDGET
|
Allocate
Funds for Capital Outlay Budget
4a. From the State of California
|
Regents
have Basic Authority
|
Bylaws
12.3(b) and (c)
|
As
appropriated to the University by the State.
|
Allocate Funds for Approved Capital Outlay Budget
4b. From gifts (allocate and
reallocate)
|
President
has Basic Authority
|
Standing Order 100.4(s)
and (t)
|
|
Delegated
to Chancellors
|
DA 2169 dated 9/11/06
(supersedes DA 1052) |
|
Delegated
to Vice President Agriculture & Natural Resources
|
DA 2168 dated 9/11/06
|
|
5.
TRANSFER FUNDS |
Transfer
Funds
5a. All fund transfers
|
Regents
have Basic Authority
|
Bylaw
5.1(a)
Bylaw
12.3(b)
|
Responsibility
of the Committee on Finance, except subject only to such legislative control
as noted in Bylaw
5.1(a)
|
Transfer Funds
5b. For capital improvement purposes
|
President
has Basic Authority
|
Standing
Order 100.4(o) 1 and 2
|
|
| Delegated to Chancellors, VP-Agriculture & Natural
Resources, Director-LBNL |
DA 2574 dated
3/1/13
(supersedes DA 2230) |
|
Delegated
EVP-Business Operations
|
DA 2576 dated
3/1/13
(supersedes DA 2224)
|
Same as authority of
President under 5b,Redelegated to VP-BCR in 2576A. |
Transfer Funds
5c. For minor capital improvement
projects
|
President
has Basic Authority
|
Standing
Order 100.4(o) 1 and 2
|
Transfer
funds for capital outlay.
|
Delegated
to Chancellors; VP-Agriculture & Natural Resources, Director-LBNL
|
DA 2574 dated 3/1/13
(supersedes DA 2125)
|
|
6. APPROVE REMOVAL,
RE-USE, OR REHABILITATION OF TEMPORARY BUILDINGS
|
6. Approve removal, re-use, or
rehabilitation of temporary buildings
|
Regents
have Basic Authority
|
|
Must
be approved by the Committee on Grounds and Buildings.
|
Delegated
to President
|
Regents
to President by specific action in each case
|
As
listed annually in the Capital Improvement Program.
|
7. APPROVE AND AMEND
LONG-RANGE DEVELOPMENT PLAN |
7a. Approve new or
substantially updated long-range
development plan (LRDP)
|
Regents
have Basic Authority
|
Bylaw
12.4(a)
|
As
a guide to the future development of a Facility or other area.
|
7b. Amend long-range development plan (LRDP)
|
Regents have Basic Authority
|
Bylaw 12.4(a)
|
To approve LRDP amendments except for substantially
updated LRDPs,
|
Delegated to President
|
Regents Policy |
|
Delegated to EVP-Business Operations
|
DA 2135 dated
2/26/03
|
Same authority as President under 7b above.
|
8. APPROVE SITES
|
8. Approve sites
|
President
has Basic Authority
|
Standing
Order 100.4(aa)
|
To
approve the siting of individual buildings or projects.
|
Delegated
to Chancellors; Director-LBNL; VP-ANR
|
DA 0606 dated 4/17/78
|
Same as authority of
President under 8, plus subject to rules and
regulations established by the Office of the President.
|
9. APPOINT ARCHITECTS AND ENGINEERS
|
Appoint Architects and
Engineers
9a. Executive architects, executive
landscape architects, and executive and consulting engineers |
President
has Basic Authority
|
Standing
Order 100.4(y)
|
|
Delegated to EVP-Business Operations; Chancellors; Director-LBNL; VP-ANR
|
DA 2220,
dated 6/16/09
(supersedes DA 2134, DA 2160 and DA 2184)
|
For projects with
approved budgets with a total individual project cost not exceeding $60,000,000, subject to design and design
professional requirements set out in the University Facilities Manual. |
10.
APPROVE BUILDING DESIGN AND PLANS |
10a. Approve Building Design and Plans
|
Regents
have Basic Authority
|
Bylaw
12.4(b)
|
To
approve plans for improvements, direct the taking of bids, and recommend to
Regents the award and execution of construction and equipment contracts,
except as otherwise provided in the Standing Order.
|
Delegated to Committee on Grounds & Buildings
|
Policy
on Approval of Design, LRDPs, and the Administration Of CEQA, amended 1/20/11
|
To approve design of
a.) Building projects with a total project cost in excess
of $10,000,000, except when such projects consist of the following:
i. Alterations or remodeling where the exterior of the
building is not materially changed;
ii. Buildings or facilities located on agricultural,
engineering, or other field stations; or
iii. Agriculture related buildings or facilities located
in areas of a campus devoted to agricultural functions.
b.) Capital improvement projects of any construction
cost when, in the judgment of the President, a project merits review and
approval by The Regents because of budget matters, fundraising activities,
environmental impacts, community concerns, or other reasons.
|
| 10b. Approve Building Design and Plans "Standard Process"
|
President
has Basic Authority
|
Standing
Order 100.4(z)
|
To
approve building plans and to solicit bids in connection with approved
projects, except for projects requiring approval by the Committee on Grounds
and Buildings (see Regents Policy).
|
| Delegated to EVP-Business Operations; Chancellors; Director-Lawrence Berkeley
National Laboratory; VP-Agriculture &
Natural Resources
|
DA 2575 dated 2/28/13 (supersedes DA 2219)
|
To
approve the design of projects with a total individual project cost not
exceeding $10,000,000 unless the President has given notice that Regental
approval is merited under section (1)b of the Policy.
|
| 10c. Approve Building Design and Plans "Delegated Process"
|
President
has Basic Authority
|
Standing
Order 100.4(z)
|
To
approve building plans and to solicit bids in connection with approved
projects, except for projects requiring approval by the Committee on Grounds
and Buildings (see Regents Policy).
|
Delegated to Chancellors
|
DA 2575 dated 2/28/13 (supersedes DA 2219)
|
To
approve the design of qualifying projects with a total individual project cost not
exceeding $60,000,000 unless the President has given notice that Regental
approval is merited under section (1)b of the Policy.
|
11.
IMPLEMENT CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) |
11. Administration of California
Environmental Quality Act (CEQA)
|
Regents
have Basic Authority
|
Bylaw
12.4(b)
|
To
certify, adopt, or modify environmental documents.
|
President
has Basic Authority
|
Regents
to President by actions of 6/15/73, 7/1/86, 3/20/89, 1/16/03
|
To
administer University of California's compliance with the California
Environmental Quality Act; to certify or adopt environmental documents for
which the President has authority for associated project approval; and to modify
environmental documents certified or adopted by the Regents and for which the
President has authority for associated project approval so long as the
modification does not result in new or increased significant impacts.
|
Delegated
to EVP-Business Operations
|
DA2135 dated
02/26/03 |
Same
authority as President under 11, consulting
with the Office of the General Counsel as appropriate.
|
12.
SOLICIT BIDS |
12. Solicit Bids
|
President
has Basic Authority
|
Standing
Order 100.4(z)
|
To
solicit bids in connection with approved projects.
|
Delegated to:
Chancellors; Director-Lawrence Berkeley National Laboratory; VP-Agriculture & Natural Resources, EVP-Business Operations
|
DA 2564 dated
12/15/11 (supersedes DA 2148)
|
13.
REJECT ALL BIDS |
13. Reject All Bids
|
President
has Basic Authority
|
Standing
Order 100.4(dd)
|
For
construction contracts if the lowest responsible bid is not in the
University's best interest.
|
Regents
Policy
|
Delegated to:
Chancellors; Director-Lawrence Berkeley National Laboratory; VP-Agriculture
& Natural Resource, EVP-Business Operations
|
DA 2564 dated
06/29/04 (supersedes DA 2148)
|
14.
WITHDRAW BID |
14. Withdraw Bid
|
President
has Basic Authority
|
Standing
Order 100.4(a) and (dd)
|
As
executive head of the University, and to execute all contracts and other
documents.
|
Delegated to:
Chancellors; Director-Lawrence Berkeley National Laboratory; VP-Agriculture
& Natural Resource, EVP-Business Operations
|
DA 2564 dated
06/29/04 (supersedes DA 2148)
|
To
consent to the withdrawal of a bid after bids are opened and a bidder claims
a mistake, if conditions given in Facilities Manual are met.
|
15. EXECUTE CONTRACTS
OR AGREEMENTS
|
Execute
Contracts or Agreements
15a. Execute various service
agreements
|
President
has Basic Authority
|
Standing
Order 100.4(dd)
|
|
Delegated to: Chancellors, VP -Agriculture & Natural Resources, EVP-Business Operations
|
DA 1058 dated 12/30/91
|
|
Execute
Contracts or Agreements
15b. Execute contracts with executive
architects, executive landscape architects, and executive and consulting engineers
|
President
has Basic Authority
|
Standing
Order 100.4(y)
|
|
Delegated
to Chancellors; Director-Lawrence Berkeley National Laboratory;
VP-Agriculture & Natural Resources; EVP-Business Operations
|
DA 2220 dated 07/26/02 (supersedes DA 1098)
|
Execute
Contracts or Agreements
15c. Execute construction contracts
|
President
has Basic Authority
|
Standing
Order 100.4(a) and (dd)(8)
|
To
execute construction contracts within appropriated funds.
|
Bylaw
5.1
|
Delegated
to: Chancellors; Director-Lawrence Berkeley National Laboratory;
VP-Agriculture & Natural Resources; EVP-Business Operations
|
DA 2564 dated
06/29/04 (supersedes DA 2148)
|
|
Execute Contracts or
Agreements
15d. Execute bonding requirements for
construction contracts
|
Delegated to EVP-Business Operations
|
DA 2564
dated 12/15/11 |
To
set requirements for bid bonds or other forms of bid security, performance
bonds, and payment bonds for construction contracts, unless such requirements
would be inconsistent with the requirements of a funding agency for a funded
project or with mandatory requirements established by state law.
|
Delegated to Chancellors;
Director-Lawrence Berkeley National Laboratory; Vice-President-Agriculture & Natural Resources, EVP-Business Operations
|
DA 2564 dated 12/15/11
|
To
execute contracts of less than $25,000 without a bid bond, payment bond, or
performance bond, and to execute construction contracts between $25,000 and
$50,000 with only a payment bond.
|
Execute Contracts or
Agreements
15e. Execute utility agreements
|
President
has Basic Authority
|
Standing
Order 100.4(dd)
|
Authorizes President to
execute all utility agreements.
|
Delegated to Chancellors; VP-Agriculture
& Natural Resources
|
DA 0856 dated 1/14/85
|
To
execute agreements pertaining to the purchase of utilities commodities and
services.
|
16. NEGOTIATE AND
EXECUTE CHANGES OR AMENDMENTS TO AGREEMENTS OR CONTRACTS
|
Negotiate
and Execute Changes or Amendments to Agreements or Contracts
16a. Negotiate changes or amendments
to agreements
|
President
has Basic Authority
|
Standing
Order 100.4(y)
|
With
executive architects, executive landscape architects, and executive and
consulting engineers.
|
Delegated to Chancellors,
Director Lawrence Berkeley National Laboratory; VP - Agriculture &
Natural Resources
|
DA
2220 dated 07/26/02 (supersedes DA 1098)
|
President
has Basic Authority
|
Standing
Order 100.4(dd)
|
For
utility agreements.
|
Delegated
to Chancellors, Vice President-Agriculture & Natural Resources
|
DA 0856 dated 1/14/85
|
Negotiate and Execute
Changes or Amendments to Agreements or Contracts
16b. Execute changes or amendments to
contracts
|
President
has Basic Authority
|
Standing Order 100.4(a) and (dd)(8)
|
For
construction contracts within appropriated funds.
|
Bylaw 5.1
|
Delegated to:
Chancellors, Director-Lawrence Berkeley National Laboratory;
VP-Agriculture & Natural Resources; EVP-Business Operations
|
DA 2564 dated 12/15/11 (supersedes DA 2148)
|
|
17. NEGOTIATE REAL
PROPERTY RENTAL AGREEMENTS (LEASES)
|
17. Negotiate, Approve and Execute Real Property Rental Agreements
(Leases)
|
President
has Basic Authority
|
Standing
Order 100.4 (cc)
|
|
| Delegated
to EVP-Business Operations
|
DA
2235 dated 9/3/09 (supersedes DA 2133) |
Delegated
to Chancellors; Director-LBNL; VP-ANR |
DA
2231 dated 9/3/09
|
18. APPROVE LICENSES,
EASEMENTS, OR RIGHTS-OF-WAY
|
18a. Negotiate, Approve and Execute Licenses, Easements, or Rights-of-way
|
President
has Basic Authority
|
Licenses:Standing
Order 100.4(ff) & (jj)
Easements:Standing
Order 100.4(jj) |
|
Delegated
to Chancellors,
VP - Agriculture & Natural Resources, Director-LBNL
|
Licenses: DA 2232 Easement & ROW: DA 2233 dated 9/3/09
(supersedes DA 2062)
|
|
18b. Approve and Execute Licenses, Easements, or Rights-of-way
|
President
has Basic Authority
|
Standing
Order 100.4(jj)
|
When
(1) the consideration does not exceed $5 million or (2) such instruments are
revocable with 120 days' notice.
|
Delegated
to EVP-Business Operations
|
DA 2234 dated
9/3/09
(supersedes DA 2062)
|
|
19.
SALE AND PURCHASE OF REAL PROPERTY |
19. Sale and Purchase of Real Property
|
President
has Basic Authority
|
Standing
Order 100.4(gg)
|
|
Delegated
to EVP-Business Operations
|
DA 2237 dated
9/3/09
(supersedes DA 2063)
|
|
20.
SIGN NOTICES OF COMPLETION |
20. Sign Notices of Completion
|
President
has Basic Authority
|
Standing
Order 100.4(dd)9
|
For
construction contracts.
|
Delegated to Chancellors,
Director - Lawrence Berkeley National Laboratory; VP-Agriculture & Natural Resources, EVP-Business Operations
|
DA 2564 dated
06/29/04 (supersedes DA 2148)
|
21.
SPECIFIC ACTIONS AUTHORIZING PRESIDENT TO ACT |
21. Specific Actions Authorizing President to Act
|
President
has Basic Authority
|
By
specific action of The Regents
|
Actions
must relate to matters within purview of President.
|
|
|
|
|
|
|