Code of Massachusetts Regulations › 963 CMR - MASS. SCHOOL BUILDING AUTHORITY › Title 963 CMR 2.00 - School Building Grant Program › Section 2.11 - Detailed Design - Module 6

Current through Register 1525, July 5, 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.