Ohio Admin. Code 3333-1-24 - Local administration of capital projects receiving over four million dollars in state capital appropriations
(A) Authority
This rule is established by authority conferred upon the chancellor of higher education in section 3345.50 of the Revised Code.
(B) Background
(1) Section
3345.50 of the Revised Code
allows institutions to locally administer any capital project for which the
total amount of funds expected to be appropriated by the general assembly does
not exceed four million dollars.
(2) Section
3345.50 of the Revised Code
provides for the chancellor and the Ohio facilities construction commission to
grant local administration authority for capital projects which will exceed
four million dollars in state capital appropriations on a case by case basis,
subject to the criteria established by this rule.
(C) Definitions
(1) "Institution" means a state university, a
state community college and the northeastern Ohio universities college of
medicine.
(2) "Capital project"
means a project which consists of construction, reconstruction, improvement,
renovation, enlargement, or alteration, or other structural improvements, or
the installation of mechanical, electrical, or telecommunication systems or
other equipment or material supplied therefore.
(3) "Contract documents" means the state of
Ohio standard requirements for public facility construction and the related
agreements for professional design services for architects, engineers and
construction managers.
(4)
"Institutional Designee" means the one principal contact designated by the
institution for all capital projects for which local administration has been
granted. The "Institutional Designee" may be the university architect or
engineer, director of capital facilities or an institution vice president,
empowered by the institution with a level of authority similar to the state
architect.
(D) Process
and criteria for permitting local administration of capital projects which
exceed four million dollars in state capital appropriations
(1) Biennial application
(a) Capital projects which receive or are
expected to receive state capital appropriations over one or more bienniums in
excess of four million dollars may be locally administered provided the
following criteria are met as determined by the chancellor of higher education
or designee and the Ohio facilities construction commission. If both do not
concur, the institution shall
will be notified of the reason. If approved, local
administration shall
will be granted for the life of the project, subject
to paragraph (D)(2)(b) of this rule.
(b) Except as provided in paragraph (D)(3) of
this rule, each biennium, an institution may request local administration of
such capital projects.
(c) As part
of the biennial process for granting local administration authority, the
institution shall
will submit the following for the review and approval
by the chancellor of higher education or designee and the Ohio facilities
construction commission. If both do not concur, the institution
shall
will be
notified of the reason.
(i) The name and
credentials supporting the individual serving as the "Institutional Designee"
for both ongoing and new capital projects.
(ii) The anticipated staffing levels for both
ongoing and new capital projects.
(iii) Evidence of the institution's previous
project management experience. The institution shall
is to submit a
list of locally administered projects; each project's total budget amount; the
square footage of each project (if applicable); each project's schedule; each
project's administration team; and the current status of each project including
any pending claims.
(iv) A listing
of projects for which local administration authority is requested. The list
shall
is to
include the name of each project; a description of each project; total budget
amount for each project; level of local funding contributed to each project;
expected start date for each project and the project administration team for
each project.
(v) Any other
information requested by the chancellor of higher education or designee or the
Ohio facilities construction commission.
(vi) If staffing or material conditions
change once local administration authority has been granted, the institution
shall
will
notify the chancellor of higher education or designee and the Ohio facilities
construction commission.
(2) Revocation of local administration
(a) Revocation of the approval to locally
administer a capital project may occur if an institution fails to demonstrate
an ability to properly manage its capital projects and/or fails to comply with
the requirements of this rule during the capital project.
(b) If the Ohio facilities construction
commission with concurrence of the chancellor of higher education or designee
determines that an institution has failed to demonstrate an ability to properly
manage its capital projects and/or has failed to comply with the requirements
of this rule then project administration shall
will be assigned
to the Ohio facilities construction commission.
(3) Mid cycle applications
(a) An institution may request local
administration authority for projects not approved as part of the biennial
process, either because the institution had not requested local administration
authority or because the institution has responded to the problem(s) causing
earlier denial.
(b) Once the Ohio
facilities construction commission has begun administration of a capital
project the granting of local administration is at the discretion of the Ohio
facilities construction commission and the chancellor of higher education or
designee, subject to the requirements
of
criteria set forth in this
rule.
(E)
Requirements for the local administration of capital projects which exceed four
million dollars in state capital appropriations
(1) An institution shall
will use the
contract documents developed by the Ohio facilities construction commission, as
applicable, under Chapter 153. of the Revised Code.
(a) An institution may modify the contract
documents where necessary for the specific needs of a particular project and to
identify the institution as the contracting entity.
(b) The Ohio facilities construction
commission shall
will be notified in advance of any modifications of
the contract documents. The Ohio facilities construction commission may
disapprove such modifications.
(2) An institution shall
will comply with
all applicable state laws governing capital projects, including, but not
limited to, Chapter 153. of the Revised Code; sections
9.31 to
9.333 of the Revised
Code.
(3) An institution
shall
will
advertise for the selection of an architect, engineer, planner, or construction
manager for a capital project on the Ohio facilities contruction
construction commission's website. The capital project
may also be advertised in the local media.
(4) An institution shall
will comply with
sections 153.06 and
153.07 of the Revised Code
regarding advertisement for construction. The institution
shall
will
also list bids on the Ohio business gateway web site.
(5) An institution shall
will comply with
the statutory requirements for the establishment of lien escrow accounts and
the processing of contractor payment requests subject to any outstanding
liens.
(6) An institution
shall
will use
the alternative dispute resolution process established by the Ohio facilities
construction commission for the resolution of construction
disputes.
(F) Project
scope and funding
(1) Expenditures
must be
are
capital improvements as allowable by
law .
(2) The project scope
must meet
meets the intent and purpose of the
appropriation.
(3) The location and
positioning of the project should be in accord with a campus master plan or, in
the absence of a master plan, should harmonize with the existing campus
environment.
(4) The size, capacity
and arrangement of the project should meet projected enrollment and
programmatic needs.
(5) Project
design should provide maximum flexibility to meet future facility
requirements.
(6) Project design
should give priority to development or renovation which yields the maximum
amount of usable or net assignable space and minimum amount of unusable or
non-assignable space.
(7) Project
design must be such that the project can and will be completed, including
necessary equipment and furnishings, and ready for full occupancy without
exceeding appropriated funds. Should the project budget exceed appropriated
funds, the institution must
will either
supplement funding from its own resources or revise the scale or scope of the
project to bring the budget into balance with appropriated funding. Project
design should take into account the potential need to eliminate or defer
project elements by establishing alternate construction packages which may be
accepted or rejected, based on budgetary constraints. If a program plan is
approved containing elements which could lead to costs exceeding appropriated
funds, such approval shall
will not imply that any additional state funding,
either through transfers from outer appropriations or from future
appropriations, is or will be supported by the chancellor.
(G) Authorization to levy fees by the Ohio
facilities construction commission and the institution.
(1) The Ohio facilities construction
commission, with the concurrence of the chancellor of higher education or
designee, may assess an annual fee for general assistance applicable to all
capital projects for which local authority has been granted.
(a) Upon request from the institution,
additional services may be provided by the Ohio facilities construction
commission for an additional negotiated fee.
(2) Institutions may assess a local
administration fee for a capital project for which local administration
authority has been granted. The fee shall not exceed 1.5 per cent of actual
construction costs.
Notes
Promulgated Under: 119.03
Statutory Authority: 3345.50
Rule Amplifies: 3345.50
Prior Effective Dates: 05/28/1999 (Emer.), 07/22/1999, 12/18/2010, 02/01/2018
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