Md. Code Regs. 14.39.02.15

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.39.02.15 - New Construction, Renovation, and Limited Renovation Projects

A. This regulation applies to new construction, renovation, and limited renovation projects approved in the State capital improvement program.

B. Architects and Engineers. The LEA shall ensure that:

(1) The plans, specifications, and related documents are developed under the supervision and responsibility of an architect or engineer who is licensed to practice in the State, unless waived by the IAC or its designee;

(2) Unless waived by the IAC or its designee, the design of site development or structural, mechanical, or electrical systems includes the design services of a professional engineer licensed to practice in the State with experience in civil, structural, mechanical, or electrical engineering;

(3) The architect/engineer agreement includes:

(a) Cost control provisions;

(b) Assurance that the project design is in accordance with the Department of General Services procedure manual for professional services standards for energy conservation, life cycle costs analysis, and roofing; and

(c) IAC or its designee review and approval of the schematic, design development, and construction documents as required.

C. Educational Specifications.

(1) Unless an LEA is certified to complete review of educational specifications as provided by Education Article, § 5-314, Annotated Code of Maryland, the LEA shall submit the project's educational specifications to the IAC for every new construction, renovation, and renovation addition project approved in the State capital improvement program.

(2) The IAC or its designee shall notify the LEA of concerns and recommendations about the educational specifications.

(3) The LEA shall resolve the IAC's issues to the reasonable satisfaction of the IAC or its designee.

D. Schematic Designs, Design Development Documents, and Construction Documents.

(1) Unless the LEA is certified to complete review of schematic design, design development, and construction documents as provided by Education Article § 5-314, Annotated Code of Maryland, the LEA shall submit to the IAC or its designee for review and approval of:

(a) Schematic designs, before the LEA proceeds to design development documents;

(b) Design development documents, before the LEA proceeds to construction documents; and

(c) Construction documents, before the LEA issues the solicitation.

(2) The LEA shall submit to the IAC or its designee for review and approval information regarding the consistency of the project with the Department of General Services procedure manual for professional services standards for energy conservation, life cycle cost analysis, and roofing.

E. Procurement.

The LEA shall procure construction in compliance with COMAR 14.39.03. The IAC may rescind project approval if the procurement does not comply with these requirements.

F. Construction Inspection. The LEA shall ensure that each construction project is adequately inspected.

G. Change Orders.

The LEA shall maintain contingency funds for change orders. The LEA may issue change orders without prior approval of the IAC or its designees.

H. State Payments.

(1) The LEA shall submit to the IAC requests for payment.

(2) The IAC or its designee shall review the request for payment for determination of whether the request constitutes an eligible expense and whether payment is within the maximum State construction allocation.

(3) The State may:

(a) Make payment directly to the contractor or vendor;

(b) Reimburse the LEA if documentation indicates that the contractor or vendor has been paid the amount requested for reimbursement; or

(c) Make payment to an entity identified by the LEA.

I. Project Close-Out. Not later than 180 days after final payment to the contractors, the LEA shall submit to the IAC:

(1) A close-out cost summary using a form provided by the IAC; and

(2) The following information:

(a) Contractor's final requisition including a listing of all approved change orders;

(b) The architect's certificate of completion; and

(c) The LEA's certificate of acceptance.

Md. Code Regs. 14.39.02.15

Regulation .15 amended and recodified from 23.03.02.16 effective 46:22 Md. R. 976, eff. 11/4/2019; amended and recodified from .14 effective 48:13 Md. R. 509, eff. 6/28/2021; recodified from .14 effective 51:15 Md. R. 711, eff. 8/5/2024.