Section .0100 ‑ General Provisions

Link to law: http://reports.oah.state.nc.us/ncac/title 01 - administration/chapter 30 - state construction/subchapter e/subchapter e rules.html
Published: 2015

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SUBCHAPTER 30E ‑ STATE BUILDING COMMISSION DESIGNER

OR CONSULTANT       EVALUATION PROCEDURES

 

 

 

SECTION .0100 ‑ GENERAL PROVISIONS

 

 

01 NCAC 30E .0101          AUTHORITY

The State Building Commission, hereinafter referred to as

SBC, is a statutory body, empowered by Public Law to perform a multiplicity of

duties with regard to the State's Capital Facilities development and management

program.  In the specific area of state capital improvement project designer

and consultant evaluation, the SBC is empowered to develop procedures for

accomplishment of such evaluation.

 

History Note:        Authority G.S. 143‑135.25; 143‑135.26;

Eff. October 1. 1988;

Amended Eff. May 1, 1990.

 

 

01 NCAC 30E .0102          POLICY

It is the policy of the SBC to evaluate designers for

capital improvement projects as defined in G.S. 143‑135.27 based on

criteria contained herein.  Further, it is considered of paramount importance

that every state capital improvement project receive a professional design

which is timely, of highest professional quality, and in keeping with the

project scope.  It is to this end that individual designer's or consultant's

performance on state capital improvement projects should be fairly and

consistently evaluated and used as a factor in designer or consultant selection

for future work.

 

History Note:        Authority G.S. 143‑135.25; 143‑135.26;

Eff. October 1, 1988;

Amended Eff. May 1, 1990.

 

 

 

01 NCAC 30E .0103          DEFINITIONS

For purposes of this Subchapter, the following definitions

shall apply:

(1)           "Capital Projects Coordinator" means the

individual authorized by each funded agency to coordinate all capital

improvement projects and related matters with the State Construction Office and

to represent that agency on all matters presented to the SBC.  The individual

so designated for purposes of these rules may have other titles within the

individual's agency but shall carry out the duties assigned herein to the

Capital Projects Coordinator.  Whenever the Capital Projects Coordinator is

referenced herein, it shall be understood to include a designated assistant or

representative.  Concerning evaluation of designers, or consultants the Capital

Projects Coordinator is responsible for the agency's evaluation of each phase

of the project as well as the overall designer's or consultant's evaluation.

(2)           "Project Designer" means any individual,

firm, partnership, corporation, association or other legal entity licensed to

practice architecture, engineering, or landscape architecture in the State of

North Carolina.  The designer or consultant shall be responsible for the

performance of all his consultants.  Accordingly, the evaluation of the project

designer will include evaluation of the work of all consultants who are

included in the designer's contract with the funded agency.

(3)           "Consultant" means any individual, firm,

partnership, corporation, association or other legal entity selected for

planning and studies of an architectural and engineering nature associated with

a capital improvement project.  The consultant must be licensed to practice

architecture or engineering in the State of North Carolina.

(4)           "Funded Agency" means the department,

agency, authority or office that is named in the legislation appropriating

funds for the design and/or construction project.

(5)           "Owner's Representative" is an individual

appointed by the using agency to represent the using agency on all user‑related

matters.  The owner is the representative of the using agency as defined in

Rule .0103(9) of Subchapter 30D ‑ State Building Commission Designer

Selection Procedures.

(6)           "Professional Services" means those

services within the scope of the practice of architecture, engineering,

landscape architecture or surveying as defined by the public laws of North

Carolina.

(7)           "Scope Statement" means a written

description of the capital project that is to be designed.  Normally the scope

statement shall reflect the written project description as contained in the

project cost estimate validated by the State Construction Office.

(8)           "Evaluation Form" is the form to be used

for all designers' or consultants' evaluations.  The form shall be developed

and approved by the State Building Commission and is the only approved document

for this purpose; it may be reproduced by the agencies as required.

 

History Note:        Authority G.S. 143‑135.25; 143‑135.26;

Eff. October 1, 1988;

Amended Eff. May 1, 1990.

 

 

 

 

 

SECTION .0200 ‑ PROJECT INFORMATION

 

01 NCAC 30E .0201          PROJECT DESCRIPTION

It shall be the responsibility of each Capital Projects

Coordinator, for each Capital Improvements project as defined in G.S. 143‑135.27

requiring professional services, to provide the State Construction Office with

a written description of the professional services desired, the scope of work,

schedule requirements, amount of authorized funds and other appropriate

information.  Particular emphasis will be placed on a determination as to

whether the designer's or consultant's services are to include items such as

programming, modeling, special presentations or other requirements beyond

specific facility design.  This requirement data shall be incorporated in the

designer's or consultant's professional services contract and will serve as key

elements against which the designer's or consultant's performance will be

evaluated.

 

History Note:        Authority G.S. 143‑135.25; 143‑135.26;

Eff. October 1, 1988;

Amended Eff. May 1, 1990.

 

 

 

01 NCAC 30E .0202          DESIGN CONTRACT

It shall be the responsibility of the Office of State

Construction to insure that both the Capital Projects Coordinator and the

designer or consultant have a clear mutual understanding of design requirements

for the project and key elements of these requirements are included in the

professional services contract between the agency and the designer or

consultant.

 

History Note:        Authority G.S. 143‑135.25; 143‑135.26;

Eff. October 1, 1988;

Amended Eff. May 1, 1990.

 

 

 

 

 

SECTION .0300 ‑ EVALUATION OF DESIGNERS OR CONSULTANTS

 

01 NCAC 30E .0301          DESIGN PHASES

Definitions:

(1)           "Pre‑Design Phase" is the

description of the provision of professional services prior to actual design. 

If a firm scope of the work is not known, the design agreement may be written

in such a manner as to require project programming assistance by the designer

or consultant, followed by agency approval of a designer‑proposed project

scope, prior to commencement of actual design.  In evaluating design or

consultant services during this phase, the Capital Projects Coordinator may

wish to receive input from the Owner's representative.

(2)           "Design Phase" involves preparation of

the actual design.  The Capital Projects Coordinator must maintain active

involvement during the design process in order to be able to evaluate the

designer's or consultant's response to owner requirements, the consistency of

owner requirements, external design requirements driven by insurance or

environmental considerations, etc., the technical design itself, designer/owner

response to review comments, adherence to design schedule, and quality of cost

estimate, as well as adherence of the cost estimate to the project budget.  In

general, the evaluation of this phase is to encompass the efficiency and

effectiveness of the designer in adherence to the project scope statement. 

Included is an evaluation of subconsultants if utilized.  The subconsultant

performance will also be considered in evaluation of the principal designer. 

The Capital Projects Coordinator, in preparing the evaluation of the design

phase, may wish to receive input from the Owner's representative as well as the

State Construction Office.

(3)           "Bidding‑Construction Phase"

encompasses the process for provision of professional services for bidding,

award, and construction of the project.  As the job progresses past contract

award, the Capital Projects Coordinator must maintain a continuing awareness of

designer performance during the period of construction including the shop

drawing review process, payment processing, change order management, and field

administration including project cost control.  The Capital Projects

Coordinator or owner's representative should attend the monthly construction

progress meetings.  The Capital Projects Coordinator must be capable of

discerning the degree to which change orders are precipitated by design errors

or omissions.  The Capital Projects Coordinator must be capable of determining

how well the designer provides general administration of the performance of

construction contracts, including inspection and continuous liaison of the work

to insure compliance with plans and specifications during the construction

process.  At the completion of the project, the Capital Projects Coordinator must

ensure that the project designer has completed all required close‑out

actions.  The Capital Projects Coordinator will be responsible for preparation

of the Bidding‑Construction Phase evaluation.  Assistance will be sought

from the Owner's representative and the State Construction Office in

preparation of the evaluation for this phase of the project.

 

History Note:        Authority G.S. 143‑135.25; 143‑135.26;

Eff. October 1, 1988;

Amended Eff. May 1, 1990.

 

 

 

01 NCAC 30E .0302          OVERALL JOB PERFORMANCE

The Capital Projects Coordinator shall determine the

designer's or consultant's overall performance for the completed project.  The

overall rating is intended to reflect the effectiveness of the design in achieving

the predetermined project scope in a timely, cost effective manner.  The

evaluation shall encompass the designer's or consultant's management approach

to the project including cooperation of the designer's staff, communication

with the Capital Projects Coordinator and Owner's representative, timeliness of

action, and performance of consultants.  The Capital Projects Coordinator shall

invite input from the Owner's representative and the State Construction

Office.  All prime contractors shall be offered the opportunity to provide an

assessment of the designer at job completion.  The Capital Projects Coordinator

shall be responsible for the final overall rating.  This summary evaluation

shall not necessarily reflect a precise numerical averaging of scores for the

Pre‑design, Design, and Bidding‑Construction phases but will be

generally representative of those scores.  To be timely and useful, designer

evaluation data will be accumulated within 30 days of submission of the final

report.  Prior to completion of the final designer evaluation, the Capital

Projects Coordinator shall submit the proposed evaluation to the designer for

comment.  Comments received from designers or consultants shall be considered

by the Capital Projects Coordinator.  At this stage, the Capital Projects

Coordinator shall prepare the final designer or consultant evaluation and

provide a copy to the designer or consultant. The form approved by the SBC

shall be used for this purpose.

 

History Note:        Authority G.S. 143‑135.25; 143‑135.26;

Eff. October 1, 1988;

Amended Eff. May 1, 1990.

 

 

 

01 NCAC 30E .0303          POST OCCUPANCY EVALUATION

The designer evaluation process allows for a second

evaluation to be conducted within 36 months of the completion of a capital

project if design‑related latent defects are discovered.  A separate

procedure of the State Building Commission may require a formal post‑occupancy

evaluation within 12 months of a building completion.  The data from the 12

month post‑occupancy evaluation can be used as a substitute for the

follow‑up designer evaluation if the Capital Projects Coordinator so

determines.

 

History Note:        Authority G.S. 143‑135.25; 143‑135.26;

Eff. October 1, 1988.

 

 

 

01 NCAC 30E .0304          INTERIM DESIGNER OR CONSULTANT

EVALUATION

The designer or consultant may request preparation of an

interim evaluation form by the Capital Projects Coordinator or the Coordinator

may elect to prepare an interim evaluation if so desired.  This interim

evaluation is intended to reflect performance to date and should be used as a

guidance device for correction of performance prior to the final evaluation.

 

History Note:        Authority G.S. 143‑135.25; 143‑135.26;

Eff. October 1, 1988;

Amended Eff. May 1, 1990.

 

 

 

01 NCAC 30E .0305          SUBMISSION OF FINAL REPORT

The Capital Projects Coordinator shall submit the completed

final evaluation to the Office of State Construction with a copy to the

designer or consultant.  The designer or consultant shall have the opportunity

to comment on the evaluation to the Office of State Construction with a copy to

the Capital Projects Coordinator.  Such comments on the final evaluation shall

become a part of the final evaluation record.  It is imperative that the final

designer or consultant evaluation be completed and presented to the State

Construction Office for all capital projects within 60 days of the final

report.  If the evaluation is not completed within the prescribed time frame,

the State Building Commission may elect to process no further design awards for

an agency until the evaluation is complete.

 

History Note:        Authority G.S. 143‑135.25; 143‑135.26;

Eff. October 1, 1988;

Amended Eff. May 1, 1990.

 

 

 

01 NCAC 30E .0306          REPORT COMPILATION

The Office of State Construction will be responsible for

maintaining designer or consultant evaluation data.  The data maintained shall

be on an individual job basis and also cumulative by the designer or

consultant.  Data will be made available on request to individual designer or

consultant preselection committees.  The data maintained by the State

Construction Office will reflect performance history for a period of five

years.  All evaluation data on completed projects in excess of five years of

age will be removed from State Construction Office files and will not be used

as a factor in the cumulative evaluation.

 

History Note:        Authority G.S. 143‑135.25; 143‑135.26;

Eff. October 1, 1988;

Amended Eff. May 1, 1990.

 

 

 

 

 

SECTION .0400 ‑ POST‑EVALUATION PROCEDURES

 

01 NCAC 30E .0401          AWARDS PROGRAM

Capital Projects Coordinators who consider that designer

performance on a completed Capital Improvement Project merits special

recognition may nominate the designer for a certificate of Design Merit. 

Nominations will be made by the Capital Projects Coordinator to the Office of

State Construction which will screen the nominees and will in turn make

appropriate recommendations to the State Building Commission.  The State Construction

Office may also initiate award recommendations.  The SCB will consider all

nominations and make final approval of all awards.  The State Building

Commission shall arrange for presentation of the certificates at a suitable

ceremony during a time and place of its own choosing; however, these

presentations will normally be made during the annual State Construction

Conference.  The State Construction Office shall provide staff support to the

State Building Commission for this program.

 

History Note:        Authority G.S. 143‑135.25; 143‑135.26;

Eff. October 1, 1988.

 

 

 

01 NCAC 30E .0402          APPEALS OF ASSIGNED EVALUATIONS

If a design or consultant firm considers that the assigned

evaluation is improper and the opportunity to provide rebuttal comments for the

record is insufficient to resolve the assigned rating, the designer or

consultant may appeal the rating to the Office of State Construction.  The

State Construction Office will appoint and convene a rating panel of three

professional State employees of which at least one member is a licensed

professional architect or engineer to hear the appeal and render a decision. 

The hearing shall involve at a minimum the Capital Projects Coordinator and the

Owner's representative as well as representatives of the designer or consultant

who shall appear before the panel and which is open to the public.  The State

Construction Office hearing panel shall issue a report to the State Building

Commission of the hearing and the decision reached.  If the Capital Projects

Coordinator or designer desires further recourse, the State Construction Office

panel decision may be formally appealed to the Office of Administrative

Hearings pursuant to N.C.G.S. 150B.

 

History Note:        Authority G.S. 143‑135.25; 143‑135.26;

Eff. October 1, 1988;

Amended Eff. May 1, 1990.