963 CMR 2.13 - Design and Review Process

Current through Register 1466, April 1, 2022

(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 technical peer review of each Approved Project at certain phases of design, including but not limited to, the schematic design, design development, and final design phases, 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 categorically ineligible to receive funding from the Authority. 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 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 meeting 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 or 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 three 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 three days of selecting a contractor and trade contractor bids within three 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) Furniture and Fixtures Equipment. No later than when construction is 50% complete, the Eligible Applicant shall submit a final detailed list of furniture, fixtures and equipment to the Authority in a format determined by the Authority.
(6) 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.

Notes

963 CMR 2.13

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