Current through Register 1531, September 27, 2024
(1)
Program Design. An Approved Project shall be designed
based upon the Authority approved Project Scope and Budget Agreement.
(2)
Authority Review of Project
Plans. The Authority shall implement a review of each Approved
Project at certain phases of design, including but not limited to, design
development, 60% construction documents, and 90% construction documents, or at
such other times determined by the Authority. Such a review shall assess the
designs for constructability, technical adequacy and compliance with the
approved Design and Educational Program, the Project Scope and Budget Agreement
and standards set forth by the Authority. Project elements that exceed or
diverge from the project scope detailed in the Project Scope and Budget
Agreement are ineligible to receive funding from the Authority; certain,
limited elements that exceed or diverge from the project scope may be
considered eligible as determined by the Authority in its sole discretion. The
Eligible Applicant may retain such elements only by accepting sole financial
responsibility for said elements in writing in a format prescribed by the
Authority, prior to said Eligible Applicant including such elements in any
designs.
(3)
Conformity
with Established Timelines and Budget.
(a) The Eligible Applicant shall meet the
timelines established by the Project Scope and Budget Agreement. If the
Eligible Applicant does not meet said timelines, the grant amount will not be
increased to account for cost increases, and the Authority reserves the right
to rescind approval of the Approved Project and/or recapture all or a portion
of any Total Facilities Grant paid to the Eligible Applicant for any
project.
(b) The Eligible Applicant
shall conform to the budget established by the Project Scope and Budget
Agreement. If the Eligible Applicant does not meet said budget, the Authority
reserves the right to rescind approval of the Approved Project and/or recapture
all or a portion of any Total Facilities Grant paid to the Eligible Applicant
for any project. Any amount in excess of the budget approved in the Project
Scope and Budget Agreement shall be the sole responsibility of the Eligible
Applicant.
(c) At each phase of the
Approved Project, the designer shall produce a design which meets the
requirements of the scope of work and project budget specified in the Project
Scope and Budget Agreement. If at any time, the construction cost estimate, low
bids, or proposals in the case of construction manager at risk projects,
received for the Approved Project exceed the project construction budget, the
Authority may require the Eligible Applicant to direct the designer to revise
the design in such ways as necessary to keep the construction cost for the
Approved Project within the project construction budget. The designer shall not
be entitled to extra compensation for making such revisions to contain costs
within the project construction budget.
(4)
Construction and Bidding
Documents.
(a) In the case of
design-bid-build projects, the Eligible Applicant shall provide the Authority
with bidding documentation and tabulation sheets within ten business days of
the opening of such bids, and shall provide any other documentation requested
by the Authority. In the case of construction manager at risk projects, the
Eligible Applicant shall provide the Authority with non-fee and fee proposal
information within ten business days of selecting a contractor and trade
contractor bids within ten business days receipt of such.
(b) If bids, or proposals and trade
contractor bids in the case of construction manager at risk projects, exceed
the project construction budget as determined in the Project Scope and Budget
Agreement, then prior to re-bidding the project the Eligible Applicant shall
require the designer to revise the design in such ways as necessary to keep the
construction cost within the budget established in the Project Scope and Budget
Agreement.
(5)
Commissioning.
(a)
The Authority may engage an independent party, not affiliated or associated
with the design or construction teams for the Approved Project, to provide
commissioning services with the intent of achieving, verifying and documenting
the performance of building systems in accordance with the design intent and
the functional and operational needs of the Eligible Applicant.
(b) The commissioning process may entail the
development of clear and complete design and operational intent documentation,
verifying and documenting proper equipment and system performance, ensuring
appropriate operation and maintenance documentation is provided and ensuring
sufficient training of building operations and maintenance personnel and
building occupants. The Authority shall provide the Eligible Applicant with a
completed commissioning report.
