22 CAR § 100-305 – Loan elements

(a) Design professional, consultant, and ESCO contracts.
1. (1) Licensed design professionals shall prepare plans and specifications for sustainable projects funded with the funds.
2. (2)
  1. (A) Contracts for such professionals, consultants, and ESCOs shall follow the processes pursuant to federal and state laws, regulations, and rules.
  2. (B) However, agencies do not have to contract for such services if they have licensed design professionals on staff.
  3. (C) The design professional shall prepare and certify plans, specifications, a work-cost breakdown, and other required contract documents for submission and will observe the project work.
(b) Contractors/vendors.
1. (1) Contractors/vendors shall be selected pursuant to applicable laws.
2. (2) The requirement for a contractor may be waived if the agency has staff expertise within the applicant agency.
(c) Project preparation/plans and specifications. All projects funded, in whole or in part, with the loan must be in accordance with the federal and state laws, regulations, and rules.
(d) Project. The project in its entirety, including amendments for design services and change orders to the project contract, shall adhere to all applicable laws and rules, including but not limited to the BADMSC for the entities under the jurisdiction of the Building Authority Division.
(e) Maintenance and administration.
1. (1) Agencies who own the properties assisted by the revolving loan funds must agree that the property shall be maintained to every extent possible in accordance to applicable laws, codes, and rules.
2. (2) Additionally, the agency must agree to give the division the right to observe the project at all reasonable times throughout the loan period to ascertain the agency's compliance with the loan agreement.
(f) Site visits.
1. (1) As work on the project progresses, in addition to regular visits by the Construction Section staff, other state staff representatives may make periodic site visits:
  1. (A) To observe the work in progress;
  2. (B) After the completion of the project to observe how the project is functioning or operating; or
  3. (C) Both.
2. (2) Once work has begun on the project, the site visits may be made without notification to the agency.