22 CAR § 111-315. Professional services contract

(a)(1) Selection of architect, landscape architects, interior designers, engineers, land surveyors, and other related building consultants shall be coordinated and verified by the Design Review Section. (2) When the department has completed the selection process, the department shall prepare a standard professional services contract. (3) All basic compensation items, compensation for additional services, and reimbursable expense items shall be carefully reviewed by both the department and design professional before signing the standard professional services contract. (4) The signature page of this form shall be the only signature page in the agreement. (5) Delete or strikeout the signature pages from all attachments to avoid confusion. (6) Upon request, the Design Review Section is available for contract draft reviews between the department and the design professional. (b)(1) For compensation and reimbursable expenses, see 22 CAR § 111-201 et seq., and 22 CAR § 111-301 et seq. (2) Additional services of the design professional may be based on a percentage of construction cost, lump sum, or hourly fee with a not-to-exceed amount stated on the contract. (c)(1) All standard professional service contracts and amendments shall be submitted to the Office of State Procurement website. (2) The office will forward the contracts and amendments to the Design Review Section for review. (3) Contracts or amendments expected to receive legislative review must have attached appropriate information regarding the contract or amendment. (4) Contracts shall also contain disclosure forms and documents pursuant to Governor’s Executive Order 98-04. (5) Appropriate information includes but is not limited to: (A) Department name; (B) Project description; (C) Construction and design professional funds; (D) Number of standard professional services contracts; (E) Identification of design professional and the objectives and scope; (F) Design professional fees; (G) Estimated construction cost; (H) Contract control number; (I) Amendment compensation with explanation; (J) Design professional reimbursables with breakdown; (K) Contract extension date; (L) Name of the contractor; (M) Contract amount; and (N) Change orders. (6) Contracts shall be completed in their entirety prior to submission for review. (7) Particular attention will be given to areas concerning “Calculations for Compensation” and “Description of Services to be provided”. (d)(1) Failure to meet the office submittal schedule for review and approval can cause a delay of thirty (30) days or more for legislative review. (2) All standard professional services contracts fifty thousand dollars ($50,000) or more require legislative review. (3) The standard professional services contract form takes precedent over any attachments regarding: (A) Time; (B) Funds; and (C) Compensation.