Capital Development Regulations
For the purpose of implementing the policy of the Board of Governors relative to the capital development program for education, the following rules and regulations are hereby promulgated by the commissioner of Higher education.
Planning Phase
Commissioner of Higher Education — Responsibilities: It shall be the responsibility of the commissioner to coordinate and direct the planning of all construction proposals for the Office of Higher Education and to coordinate the planning of construction proposals for the three public institutions of higher education for inclusion in the capital development program for education to be submitted to the Board of Governors for approval.
Construction Phase
Commissioner of Higher Education — Responsibilities: It shall be the responsibility of the commissioner to establish a system of monitoring and periodically reporting on the execution of the capital development program for education.
1. A liaison official for each approved construction project shall be appointed by the commissioner for office items and by each institution president for their own projects in the case of each construction project authorized under a bond issue.
2. Each liaison officer shall be responsible for the maintenance of appropriate contact with the state director of administration and the state purchasing office to render such assistance and effect such liaison as necessary in the drawing up of specifications and in the bidding process.
3. The commissioner and each institution president shall report semi-annually on the status of all authorized work in process and that the Board be fully apprised as the status of funds authorization and expenditures under the authorization. Minimum requirement of such reports shall contain:
a. percent of project completion vs. expenditures; total cost
b. project cost incurred to date
c. major milestone
d. identify known problem areas
4. The commissioner and each institution president shall be careful to note any possibility of a conflict of interest occurring between any person employed by the Office of Higher Education or the three public institutions of higher learning and the process for issuance of bonds, the administration or contracting procedures therein, for capital development under such authorization and report any such possible conflict to the Board.
5. The commissioner or institution president, as appropriate, shall give notice to the Board of Governors of any major delays in authorized capital construction or improvements amounting either to an exceptional delay of two weeks or more in process or any change in expected completion date.
6. The commissioner or institution president, as appropriate, shall cause their liaison official to assist in noting major discrepancies in authorized capital construction or improvements as may be required by the director of administration, noting such discrepancies in quarterly reports to the Board.
7. Turnover of capital construction or improvement projects to the Board shall be preceded by at least one month’s notice to the Board of Governors by the commissioner of higher education or institution president, as appropriate, and the designation of such education official to act in acceptance procedures for the Board. Reports to the Board shall be made on the process and any anticipated difficulties at the regular meeting of the Board scheduled at least one week prior to the scheduled turnover.
Final Acceptance
Final Acceptance — The commissioner shall certify to the Board of Governors as to when projects have reached the stage whereby the structure is completed and/or in a stage of completion acceptable for occupancy.
The Board of Governors shall approve the final acceptance of all construction projects by signing the substantial letter of completion with the understanding that any or all incomplete items will be completed within a reasonable specified time.
The project liaison official appointed to oversee the construction phase of any project shall monitor the completion of the punch list items and shall continue the reporting process until completion of the project.
