22 CAR § 112-407. Construction contracts

(a)(1) The design professional will prepare the construction contract and, after execution by the contractor and agency, the one (1) original along with the appropriate documents shall be forwarded to the Construction Section for review and approval. (2)(A) The following information shall be submitted. (B) Bonds, insurance certificates, proof of advertising (if placed by the department or design professional), Executive Order 98-04 forms and any necessary approvals, Immigrant Contract Disclosure form, and the Boycott Restriction Certification shall accompany the contract. (3) The Construction Section will review and approve or disapprove all construction contracts. (4) The Building Authority Division contract number shall be used in pay requests, payments, correspondence, etc., pertaining to the contract. (b)(1) The Construction Section will retain the original set of documents and an electronic copy will be forwarded to the: (A) Department project coordinator for disbursement; (B) Contractor; and (C) Design professional. (2) The design professional shall issue a notice to proceed. (3) Within ten (10) business days after the notice to proceed, the contractor shall submit a complete breakdown of the project cost (schedule of values) and project schedule to the design professional who shall provide a copy to the department and the Construction Section. (4) No payment shall be made to the contractor until the breakdown of project costs and project schedule are provided. (5) The contractor shall deliver to the owner and the Construction Section a copy of the required disclosure forms along with a statement of the listed subcontractors’ contract amounts and the subcontractors’ required disclosure forms. (c)(1) The division construction project file shall contain: (A) Copies of bonds; (B) Contracts; (C) Certified bid tabulation; (D) Insurance certificates; (E) Design professional agreements; (F) Proof of advertising; (G) Change orders; (H) Observation reports; (I) Processing of final payment requests; and (J) The applicable disclosure forms and documents. (2) Documentation reflecting justification and approval shall also be contained in the project file if the contract was made pursuant to: (A) Historic preservation; (B) Alternative delivery; (C) Sole source; or (D) Emergency procedures. (d)(1) Refer also to 22 CAR §§ 112-316 and 112-504. (2) Refer to 22 CAR § 112-409 for information regarding contract change orders.