164CSR1 1TITLE 164 LEGISLATIVE PROCEDURAL RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA SERIES 1 SBA REQUIREMENTS FOR COMPREHENSIVE EDUCATIONAL FACILITY PLANS POLICY AND PROCEDURES HANDBOOK OF THE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA 1 164CSR1 §164-1-1. General. 1.1. Scope -- This legislative procedural rule establishes the guidelines and procedures related to requirements for Comprehensive Educational Facility Plans policies and procedures related to the operations of the School Building Authority of West Virginia. 1.2. Authority -- W.Va. Code §18-9D-20. 1.3. Filing Date – October 15, 2015. 1.4. Effective Date -- November 15, 2015. §164-1-2. Incorporation by Reference. 2.1. A copy of Appendix A, B, and C from the School Building Authority Policies and Procedures Manual Handbook is attached and incorporated by reference into this policy. Copies may be obtained in from the Office of the Secretary of State and in the office of from the School Building Authority of West Virginia. §164-1-3. SBA REQUIREMENTS FOR COMPREHENSIVE EDUCATIONAL FACILITY PLANS Severability 3.1. Educational Agency Comprehensive Educational Facility Plans (CEFP) shall be developed in accordance with State Board Policy 6200, the “Handbook on Planning School Facilities,” and approved by the SBE prior to any consideration by the SBA. If any provision of this policy and associated handbook or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy and associated handbook. 3.2. Each educational agency plan will identify specific projects that are being presented for competitive SBA funds. These plans will include how the project will effectively address the following issues: 3.2.a. Student Health and Safety 3.2.b. Economics of Scale (Appendix A) economies of scale based on minimum allowable enrollments are as follows: 3.2.b.1. Elementary schools with an enrollment of 300 students in grades 1-6, 200 in grades 1-4, or a minimum of 2 classes (25 each) per grade level, are recommended to achieve the economy of scale. Early childhood, kindergarten and exceptional students may increase this minimum standard. 2 164CSR1 3.2.b.2. Middle and junior high schools with an enrollment of 450 students in grades 7-9 or 6-8, 5-8 schools with 600 students, or schools with 150 students per grade level minimum are recommended to achieve the economy of scale at the intermediate level. 3.2.b 3. High schools with an enrollment of 600 students in grades 10-12, 800 students in grades 9-12 or 200 students at each grade level are recommended to achieve the economy of scale. 3.2.b.4. These enrollments will be considered in determining eligibility for all SBA funding for early childhood, intermediate and adolescent facilities. 3.2.b.5. Geographic or other considerations may require exceptions to be considered. Regional planning across county lines should also be considered to achieve these minimum enrollment standards where population centers warrant. 3.2.c. Reasonable Travel Time and other Demographics 3.2.d. Multi-County and Regional Planning 3.2.e. Curricular Improvement and Diversifications 3.2.f. Innovations in Education 3.2.g. Adequate Space for Projected Student Enrollment 3.2.h. A history of the county’s efforts to propose and/or adopt local school bond issues or special levies for capital improvements. 3.3. A ten-year time line for the implementation of the total plan indicating when each proposed facility action is to be taken and each project is to begin. 3.4. A completed Facility Classification Report that classifies each facility in the county. (SBA/WVDE Form 116) 3.5. Narratives on each existing school facility describing future use and scheduled improvements. 3.6. Completed building evaluation forms on each facility in the county using the SBA School Facilities Evaluation and Inventory Instrument including cost summaries indicating the cost to upgrade to meet current standards. (SBA 134) 3.7. An assurance that the county is in compliance with the SBE order regarding housing of Special Education programs in segregated facilities. 3 164CSR1 3.8. A Major Improvement Plan (MIP) which addresses the requirements established by the SBA. (Appendix B) §164-1-4. Inter-County Feasibility Studies. 4.1. Each county shall submit to the SBA/SBE a list of grouped, intercounty attendance areas where potential exists for cooperative utilization of a facility between or among adjacent counties. (May include multi-county facilities, i.e., magnet school, area vocational centers, etc.) 4.2. A planning study is to be completed to assure that an efficient and effective instructional delivery system will be utilized addressing each of the items indicated in SBE Policy 6200, “Handbook on Planning School Facilities,” 100.01 (A-J) as well as the issues 1 thru 8 in 1.1 B of the SBA Policy and Procedures Handbook. 4.3. A detailed analysis of the results of this study and a facility recommendation based on its conclusion shall be included. §164-1-5. Synopsis of Public Comment . 5.1. Prior to submitting the CEFP to the SBE and the SBA, one or more public hearing(s) must be held to provide broad-based community input into the plan. Notice of such hearings shall be published as a Class I legal advertisement in compliance with the provisions of 59-3-1 et seq. of the Code of West Virginia. As an addendum to the CEFP, sufficient documentation, including verification of public notices from the local newspapers and a synopsis of all comments received during the hearings must be included. §164-1-6. Objective Evaluation of Implementation. As part of the total CEFP, the county shall include an objective means to be utilized in evaluating implementation of the overall plan and each project included therein (SBA 150). The evaluation shall measure: 6.1. How each project further the quality educational goals of the SBA as defined in WV Code 18-9D-16. This shall include: student health and safety, economies of scale, travel time and other demographics, achievement of effective and efficient instructional delivery system, curricular improvements, and innovations in education, adequate space for projected student enrollments and local effort in funding school facility improvements. 6.2. How the overall success of any project has related to the facilities plan of the county and the overall goals of the SBA. 4 164CSR1 6.3. Prior to submission of a new ten year CEFP, an evaluation report shall be completed and submitted to the SBA and the SBE. (In addition to the evaluation criteria included in your plan the report shall include the issues designated in SBA Form 134 of the SBA Policy and Procedures Handbook). 6.4. Amendments that initiate major revisions of the CEFP within the ten year planning cycle shall include how the existing plan no longer meets the goals and needs of the county and the goals of the SBA. §164-1-7. Additional Requirements and Administrative Assurances. A statement of assurance by the county superintendent that the county’s plan includes all requirements in Section 1 of the SBA Policy and Procedures Handbook. §164-1-8. CEFP Management – Amendments. 8.1. Amending the County CEFP Plan - Because the CEFP is a living document that may be updated periodically based on approved amendments and the continually changing needs of the county, it is necessary to formally update the plan annually. (Appendix C) 8.1.a. Major revisions to the CEFP including the MIP, are to be submitted to the SBE and the SBA by December 1 each year. 8.1.b. A major revisions would include the addition of new schools, school closures that have been approved by the SBE, a reclassification of all existing schools or the addition of a capital improvement project with a value greater than $25,000. 8.1.c. Final approval of all closures remains the responsibility of the SBE. The CEFP will be amended by the SBA to reflect school closures only after SBE action. 8.1.d. The county CEFP is to be maintained as a working document and is to be updated as amendments or actions to implement the plan are completed. 8.1.e. Amendment requests that make major revisions prior to the end of the ten year planning period shall be submitted with an evaluation of the current approved plan in accordance with §164-1-6. 8.2. Budget Amendments to CEFP 8.2.a. Routine amendments on projects using partial or full SBA funding or any state or federal funds must be amended through the SBE and the SBA. 5 164CSR1 8.2.b. SBA/SBE Form 106 must be completed fully and submitted to the SBE and SBA for approval in order to institute an SBA budget amendment. SBA Needs and MIP funds cannot be transferred from one project to another. 8.2.c. SBA/SBE Form 106 must also be used to initiate budget amendments to both the SBE and SBA for all projects regardless of the funding source if the instructional square footage is altered, or the work exceeds $50,000. (See Other for Handbook) 6 164CSR1 Preface 164CSR1 The School Building Authority (SBA) was created in 1989 by the West Virginia Legislature to address the educational planning and school construction needs of the state in an efficient and economical manner. The Legislature also created a state funding mechanism that would assist local boards of education agencies (LEAs) in the construction and renovation of new and existing facilities. West Virginia Code §18-9D established legislation that created the Authority - a governing board made up of citizens, State Board of Education members and members of the construction trades industry. The Authority is charged with the to oversee oversight and implementation of the program and the development of create policies and procedures for the governance of the School Building Authority (SBA) and staff funded projects. The Authority immediately began the work of establishing has established Legislative and Procedural Rules policies and procedures that responded to the shortcomings identified in previous assessments everchanging education and construction standards. Of paramount importance was the creation of a uniform long-range planning process for all school systems in West Virginia. Working cooperatively with the State West Virginia Board of Education, the SBA created a process to assist counties in the preparation and development of a Ten Year long-range Comprehensive Educational Facilities Plan. The Each plan would serves as the roadmap to providing new and renovated schools but more importantly it would establishing educational goals and objectives that meet the current and future needs of students in West Virginia by proving new school construction projects or major school renovations. Realizing that the success of the planning and construction program could only be achieved through partnerships with those directly affected by the program, the Authority gathered input from a variety of stakeholders including educators, community and business leaders, design professionals and the construction industry. These partnerships lead to the creation of the SBA Policy and Procedures Handbook and the companion document, the SBA Quality and Performance Standards. Together, these documents guide educators and the design and construction industry through the financing, planning and construction process for all school projects in West Virginia. For these efforts, the School Building Authority has been recognized nationally as one of the educational planning and construction leaders in the country. The Policy and Procedures Handbook has been updated several times to react to ever changing the needs of the educational community served. The 2019 revisions of this handbook include a major reorganization to provide a sequential arrangement of procedures, a consolidation of forms, and a user-friendly approach for all LEAs, Architects, and Contractors. The Handbook will always be a living document and the needs of the students 8 164CSR1 and staff of West Virginia schools will always drive the School Building Authority to strive for excellence in educational planning in our state. David Sneed David L. Roach Executive Director School Building Authority of West Virginia Fourth Fifth Edition – September 28, 2015 July __, 2019 www.sba.wv.gov 9 164CSR1 Members of the School Building Authority Governor Earl Ray Tomblin Jim Justice, President Peter Markham Brian Abraham, Governor’s Designee, Chair Steven Burton T. Bartlett “Bart” Willis, Vice Chair Eric J. Lewis Victor Gabriel, Secretary Dr. Michael Martirano Dr. Steven L. Paine, State Superintendent of Schools Victor Gabriel Steven Burton, Member Thomas Campbell Sandra Hamilton, Member Robert Holroyd, Member Chris Morris, Member Tom Lange David G. Perry, Member L. Wade Linger Jr. Debra K. Sullivan, Member Tina H. Combs Dr. James S. Wilson, Member School Building Authority Staf David Sneed David L. Roach, Executive Director Scott Raines Ben Ashley, Director of Architectural Services Garry Stewart Sue G. Chapman, Director of Finance Chief Financial Officer Ben Ashley, Assistant Director of Architectural Services Mike Hall, Assistant Director of Architectural Services Joyce VanGilder, Assistant Director of Architectural Services Dana Womack, Project Manager Assistant Director of Architectural Services Angie Bradley, Technical Assistant Coordinator of Architectural Services 10 164CSR1 Stella Gill Tamela Brewer, Director Coordinator of Administrationve Services Karen Courtney Lisa Wilkinson, Coordinator of Financial Assistant Services Tamela Brewer Shannon Driver, Secretary to Executive Director Executive Assistant 11 164CSR1 Policy and Procedures Handbook TABLE OF CONTENTS LEGISLATIVE RULES 1 SBA REQUIREMENTS FOR COMPREHENSIVE 2 EDUCATIONAL FACILITIES PLANS 1.1 1.2 3 1.3 1.4 4 1.5 4 1.6 2 3 Educational Agency CEFP Inter-County Feasibility Studies 2 Synopsis of Public Comment Objective Evaluation of Implementation 3 Additional Requirements and Administrative Assurances CEFP Management – Amendments 4 FUNDING SCHOOL BUILDING AUTHORITY PROJECTS 7 2.1 2.2 2.3 7 7 7 9 9 Matching Funds Federal Funds Eligibility and Distribution of Funds 2.31 HVAC Engineering Studies Awarding of Funds Utilization of Funds – Authorized Expenditures 2.4 2.5 14 2.6 SBA Funds Accounting 2.7 Reimbursement Procedures 14 15 FUNDING SPECIFIC FACILITY PLANS 17 3.1 3.2 3.3 3.4 17 17 3.5 4 Page Building Gross Areas Prototypical School Design Design Capacity Allowable Construction Costs for New Construction 18 Renovations 18 20 PROJECT ADMINISTRATION AND REVIEW 22 4.1 4.2 22 4.3 4.4 Educational Agency Administrator Architectural/Engineering Firm 22 Design Fees Clerk-of-the-Works 22 22 12 164CSR1 4.5 4.6 4.7 4.8 4 Construction Management Design-Build Project Delivery Review of Project Geotechnical 22 23 23 23 PROJECT ADMINISTRATION AND REVIEW (CON’T) Page 4.9 Applications for Payment 4.10 Review of Files 4.11 Occupancy of New Educational Facilities 4.110 Employees Operation of Building 4.111 Occupancy Permission 4.112 Training of Custodians and County Maintenance Staff 24 4.113 Radon Testing 5 24 SCHOOL BUILDING AUTHORITY CONTRACTS 26 AND AGREEMENTS 5.1 6 23 24 24 24 24 Grant Agreement 26 SCHOOL BUILDING AUTHORITY REPORTING 28 PROCEDURES 6.1 Financial, Planning and Construction Reports 28 7 SCHOOL ACCESS SAFETY ACT GUIDELINES AND PROCEDURES 31 7.1 7.2 31 31 School Access Safety Funds Awarding of Funds 13 164CSR1 CHAPTERS Page 1 COMPREHENSIVE EDUCATIONAL FACILITIES (CEFP) PROCEDURES PLANNING 100. Comprehensive Educational Facilities Planning (CEFP) Development 101. Comprehensive Educational Facilities Planning (CEFP) Management 110. Annual Energy Usage Reporting Requirements 2 GRANTS, APPLICATIONS, AND FINANCE PROCEDURES 200. Grants Overview 201. SBA Procedures for Review of School Construction “Needs” Grant Funds Projects (Needs Funding) (Fmr. Appendix F) 201.1. Multi-Year Funding 201.2. Needs Reserve Grants 202. School Major Improvement Plan Project (MIP) General Grant Funds (Fmr. Appendix B) 203. Three Percent Grant Funds 204. SBA Emergency Funds Requirements (Fmr. Appendix D) 205. Distressed County Emergency Funds 206. School Access Safety Plan (General) Funds (Fmr. Appendix K) 207. Economies of Scale Requirements and Waiver Guidelines (Fmr. Appendix A) 208. SBA Funding Formula Procedures 209. SBA Grant Contract Procedures 210. Requirements for Grants to Supplement Energy Performance Savings Contracts 3 EDUCATIONAL PLANNING AND ARCHITECTURAL CONSIDERATIONS (Fmr. Appendix I, Rearranged for Clarity) 300. Project Development Requirements 301. SBA Educational Specifications Requirements 302. Architectural / Engineering Supplemental Requirements to AIA B101 (2017) 303. Duties and Responsibilities of the Clerk-of-the-Works 304. Professional Services of the Construction Analyst 305. Professional Services of the Construction Manager 4 BIDDING AND CONSTRUCTION PROCEDURES 400. SBA Supplemental Instructions to Bidders to AIA A701 (2017) (Fmr. Appendix J – Part I) 401. SBA Supplemental General Conditions to AIA A201 (2017) (Fmr. Appendix J – Part II) 410. SBA Construction Schedule Requirements (Fmr. SBA 187) 5 PROJECT CLOSEOUT AND COMPLETION PROCEDURES 14 164CSR1 500. Project Closeout Procedures 501. Evaluation Criteria for Architects / Engineers, Contractors, and Construction Managers 15 164CSR1 Policy and Procedures Handbook Appendices APPENDIX Appendix A – Economies of Scale Guidelines (Moved to Section 207) Appendix B – School Major Improvement Plan (Moved to Section 202) Appendix C – CEFP Annual Update Appendix D – SBA Emergency Fund Requirements (Moved to Section 204) Appendix E – Planning Grants Appendix F – SBA Procedures for Review of Construction Funds Projects (Needs Funding) (Moved to Section 201) Appendix G – Process for the Development of a Design Build Project Appendix H – SBA Grant Contract (Moved to Form 209) Appendix I – Architectural / Engineering & Construction Regulations (Moved to Chapter 3) Appendix J – Part I – Supplemental Instructions to Bidders (Moved to Section 400) Appendix J – Part II – Supplemental General Conditions (Moved to Section 401) Appendix K – School Access Safety Plan (Moved to Section 206) 1 FORMS TO SUPPLEMENT COMPREHENSIVE EDUCATIONAL FACILITIES PLANNING (CEFP) PROCEDURES Form 100-A – Evaluation Instrument – Previous Ten-Year CEFP (Fmr. SBA 149) Form 100-B – Facility Evaluation Worksheets (Fmr. SBA 134) Spaces Evaluation & School Improvement Cost Summary Early & Elementary Education (PreK-5) Middle Education (6-8) High School Education (9-12) Form 100-C – Facility Classification Form (Fmr. SBA 116) Form 100-D – High School Attendance Area Feeder Summary (Fmr. SBA 132) Form 100-E – CEFP Progress Report #2 (Fmr. SBA 164) Form 100-F – Translating Educational Needs into Facility Needs (Fmr. SBA 147) Form 100-G – Major Improvement Program Annual Update (Combination of Fmr. SBA 145 a&b) Form 100-H – Abandoned Schools Report (Fmr. SBA 152) Form 100-I – CEFP Executive Summary (Fmr. SBA 162) Form 101 – CEFP Application for Amendment (Fmr. SBA 106) Form 110 – Annual Energy Use (Fmr. SBA 179) 2 FORMS TO SUPPLEMENT GRANTS, APPLICATIONS, AND FINANCE PROCEDURES Form 201 – Construction Fund “Needs” Executive Summary Grant Application (Fmr. SBA 165) 16 164CSR1 Form 202 – Major Improvement Project Executive Summary (MIP) Grant Application (Fmr. SBA 165) Form 203 – Three Percent Grant Application Form 206 – School Access Safety Audit (Fmr. SBA 161) Form 207 – Economies of Scale Waiver Request (Fmr. SBA 131) Form 208 – SBA Maximum Gross Building Square Footage Allowance (Fmr. SBA 166) Form 209 – SBA Grant Contract (Fmr. Appendix H) Form 209-A-2 – Project Development Schedule (Fmr. SBA 104 A-2) Form 209-B – Requisition Form & Summary of Expenses (Fmr. SBA 104 B) Form 209-D C – Building Maintenance and Upkeep Agreement (Fmr. SBA 104 D) Form 210 – SBA Request for Proposals (RFP) Template for ESCO Projects 3 FORMS TO SUPPLEMENT EDUCATIONAL PLANNING AND ARCHITECTURAL CONSIDERATIONS Form 301-A – Summary of Spaces (Worksheet #1) (Fmr. SBA 142) Form 301-B – Area Space Allocation (Worksheet #2) (Fmr. SBA 141) Form 301-C – Building Program Utilization (Worksheet #3) (Fmr. SBA 156) Form 302 – Architectural / Engineering Fee Schedule (Fmr. SBA 175) Form 302-A – SBA Project Submission Form: Planning Phase (Fmr. SBA 176a) Form 302-B – SBA Project Submission Form: Schematic Design Phase (Fmr. SBA 176b) Form 302-C – SBA Project Submission Form: Design Development Phase (Fmr. SBA 176c) Form 302-D – SBA Project Submission Form: Bidding Document Phase (Fmr. SBA 176d) Form 303 – Daily Construction Observation Report (Fmr. SBA 113) 4 FORMS TO SUPPLEMENT BIDDING AND CONSTRUCTION PROCEDURES Form 401 – Bid Checklist & Certification Form (Combination of fmr. SBA 157 & 183) Form 402 – Certification of Receipt of Addenda (Fmr. SBA 184) Form 403-A – List of Proposed Major Subcontractors & Equipment / Materials Suppliers (Fmr. SBA 123) Form 403-B – Complete List of Subcontractors and Equipment / Materials Suppliers Form 404-A – Certification of Receipt of Worker Verification Compliance (Fmr. SBA 180) Form 404-B – Prime Contractor’s Certification of Worker Compliance with WV Code and SBA Policy (Fmr. SBA 181) Form 404-C – Subcontractor’s Certification of Worker Compliance with WV Code and SBA Policy (Fmr. SBA 182) 17 164CSR1 Form 405 – SBA Job Signs & Building Plaque (Combination of fmr. SBA 168, 169, 170) Form 406-A– Notice of Defective or Non-Conforming Work Form 406-B – Resolution of Defective or Non-Conforming Work 5 FORMS TO SUPPLEMENT PROJECT CLOSEOUT AND COMPLETION PROCEDURES Form 500 – Project Closeout Procedures Verification Checklist (Fmr. SBA 178) Form 500 A –Verification of HVAC Training (Fmr. SBA 159) Form 500 B – Application for Project Approval Square Foot Cost Analysis Report (Fmr. WVDE – P-1) Form 104 A-1 – SBA Grant Contract Project Description and Finance Plan Form 104 C – SBA Grant Contract Finance Plan Amendment Form Form 105 – Contractor Qualification Statement Form 124 – Contractor Evaluation Form Form 138 – Architect / Engineer Evaluation Form Form 143 – Maintenance & Custodial Care Site Visit Report Form 146 – SBA Occupancy Report Form 148 – Proposed Building Use and Capital Improvements Form 163 – CEFP Progress Report #1 Form 167 – SBA Maximum Class Sizes Form 171 – Design Build Services Form 172 – Design Build: Educational Facilities Planner Form 173 – Design Build: Performance Criteria Developer Form 174 – Anti-Bullying Audit Form 176e – SBA Project Submission Form: American Recovery & Reinvestment Act Funds Form 177 – Affidavit of Debts Paid WVDE BP-13-A – Certificate of Project Completion Form 185 – State of West Virginia Purchasing Affidavit Form 186 – Monthly Anticipated Adverse Weather Delays Form 187 – SBA Construction (CPM) Schedule Form 188 – Drug Free Workplace Affidavit Form 189 – Contract Services Responsibility Matrix Form 190 – Building Information Modeling (BIM) Guidelines & Standards Form 191 – Building Information Modeling (BIM) Execution Plan Form 192 – Construction Manager Evaluation Form 18 SBA Policy and Procedures RULE 1 1 SBA REQUIREMENTS FOR COMPREHENSIVE EDUCATIONAL FACILITY PLANS 1.1 19 A. Educational Agency Comprehensive Educational Facility Plans (CEFP) shall be developed in accordance with State Board Policy 6200, the “Handbook on Planning School Facilities,” and approved by the SBE prior to any consideration by the SBA. B. Each educational agency plan will identify specific projects that are being presented for competitive SBA funds. These plans will include how the project will effectively address the following issues: 1. Student Health and Safety 2. Economics of Scale (Appendix A) economies of scale based on minimum allowable enrollments are as follows: a. Elementary schools with an enrollment of 300 students in grades 1-6, 200 in grades 1-4, or a minimum of 2 classes (25 each) per grade level, are recommended to achieve the economy of scale. Early childhood, kindergarten and exceptional students may increase this minimum standard. b. Middle and junior high schools with an enrollment of 450 students in grades 7-9 or 6-8, 5-8 schools with 600 students, or schools with 150 students per grade level minimum are recommended to achieve the economy of scale at the intermediate level. c. High schools with an enrollment of 600 students in grades 10-12, 800 students in grades 9-12 or 200 students at each grade level are recommended to achieve the economy of scale. d. These enrollments will be considered in determining eligibility for all SBA funding for early childhood, intermediate and adolescent facilities. e. Geographic or other considerations may require exceptions to be considered. 3. Regional planning across county lines should also be considered to achieve these minimum enrollment standards where population centers warrant. Reasonable Travel Time and other 4. 5. 6. 7. Multi-County and Regional Planning Curricular Improvement and Diversifications Innovations in Education Adequate Space for Projected Student Demographics Enrollment 8. C. D. E. F. G. H. 1.2 Inter-County Feasibility Studies A. B. 20 A history of the county’s efforts to propose and/or adopt local school bond issues or special levies for capital improvements. A ten-year time line for the implementation of the total plan indicating when each proposed facility action is to be taken and each project is to begin. A completed Facility Classification Report that classifies each facility in the county. (SBA/WVDE Form 116) Narratives on each existing school facility describing future use and scheduled improvements. Completed building evaluation forms on each facility in the county using the SBA School Facilities Evaluation and Inventory Instrument including cost summaries indicating the cost to upgrade to meet current standards. (SBA 134) An assurance that the county is in compliance with the SBE order regarding housing of Special Education programs in segregated facilities. A Major Improvement Plan (MIP) which addresses the requirements established by the SBA. (Appendix B) Each county shall submit to the SBA/SBE a list of grouped, inter-county attendance areas where potential exists for cooperative utilization of a facility between or among adjacent counties. (May include multi-county facilities, i.e., magnet school, area vocational centers, etc.) A planning study is to be completed to assure that an efficient and effective instructional delivery system will be utilized addressing each of the items indicated in SBE Policy 6200, “Handbook on Planning School C. 1.3 Facilities,” 100.01 (A-J) as well as the issues 1 thru 8 in 1.1 B of the SBA Policy and Procedures Handbook. A detailed analysis of the results of this study and a facility recommendation based on its conclusion shall be included. Synopsis of Public Comment Prior to submitting the CEFP to the SBE and the SBA, one or more public hearing(s) must be held to provide broad-based community input into the plan. Notice of such hearings shall be published as a Class I legal advertisement in compliance with the provisions of 59-3-1 et seq. of the Code of West Virginia. As an addendum to the CEFP, sufficient documentation, including verification of public notices from the local newspapers and a synopsis of all comments received during the hearings must be included. 1.4 Objective Evaluation of Implementation As part of the total CEFP, the county shall include an objective means to be utilized in evaluating implementation of the overall plan and each project included therein (SBA 150). The evaluation shall measure: A. B. C. D. 21 How each project further the quality educational goals of the SBA as defined in WV Code 18-9D-16. This shall include: student health and safety, economies of scale, travel time and other demographics, achievement of effective and efficient instructional delivery system, curricular improvements, and innovations in education, adequate space for projected student enrollments and local effort in funding school facility improvements. How the overall success of any project has related to the facilities plan of the county and the overall goals of the SBA. Prior to submission of a new ten year CEFP, an evaluation report shall be completed and submitted to the SBA and the SBE. (In addition to the evaluation criteria included in your plan the report shall include the issues designated in SBA Form 134 of the SBA Policy and Procedures Handbook). Amendments that initiate major revisions of the CEFP within the ten year planning cycle shall include how the existing plan no longer meets the goals and needs of the county and the goals of the SBA. 1.5 Additional Requirements and Administrative Assurances A statement of assurance by the county superintendent that the county’s plan includes all requirements in Section 1 of the SBA Policy and Procedures Handbook. 1.6 CEFP Management – Amendments A. B. 22 Amending the County CEFP Plan – Because the CEFP is a living document that may be updated periodically based on approved amendments and the continually changing needs of the county, it is necessary to formally update the plan annually. (Appendix C) 1. Major revisions to the CEFP including the MIP, are to be submitted to the SBE and the SBA by December 1 each year. 2. Major revisions include the addition of new schools, school closures that have been approved by the SBE and reclassification of all existing schools. 3. Final approval of all closures remains the responsibility of the SBE. The CEFP will be amended by the SBA to reflect school closures only after SBE action. 4. The county CEFP is to be maintained as a working document and is to be updated as amendments or actions to implement the plan are completed. 5. Amendment requests that make major revisions prior to the end of the ten year planning period shall be submitted with an evaluation of the current approved plan in accordance with Section 1.6. Budget Amendments to CEFP 1. Routine amendments on projects using partial or full SBA funding or any state or federal funds must be amended through the SBE and the SBA. 2. SBA/SBE Form 106 must be completed fully and submitted to the SBE and SBA for approval in order to institute an SBA budget amendment. SBA Needs and MIP funds cannot be transferred from one project to another. 3. SBA/SBE Form 106 must also be used to initiate budget amendments to both the SBE and SBA for all projects regardless of the funding source if the instructional square footage is altered, or the work exceeds $50,000. SBA Policy and Procedures RULE 2 2 FUNDING SCHOOL BUILDING AUTHORITY PROJECTS 2.1 Matching Funds With exception of School Access Safety Funds, no matching local funds shall be required to obtain SBA funds, however, each facility plan shall address the history of efforts taken by the county board of education to propose or adopt local school bond and/or special levies for capital improvements. 2.2 Federal Funds Expenditure of any federal funds designated for construction and/or capital improvements of school facilities shall be approved by the SBA. SBA/SBE Form 106 and/or SBA Exhibit C is/are to be utilized for approval request if funds are to be approved initially for use on a new project or if federal funds are to be amended into an existing project budget. 2.3 Eligibility and Distribution of Funds It is the intent of the legislature that the SBA fund the improvement and construction of school facilities to meet the needs of the people of West Virginia in an efficient and economical manner. To be eligible for funding, educational agencies must have on file in the SBA office an approved CEFP and all required pre-qualification data for any particular funding category from which funding is being requested. Failure to provide this information or project proposals by the deadlines established by the Authority will eliminate the submitted project from consideration. These funds shall be distributed as follows: A. 23 Three Percent (3%) Statewide Grants – Three percent (3%) of the total funds available to the Authority for distribution from the school construction fund during any funding cycle may be utilized for projects. Facilities eligible for three percent (3%) funding: 1. Must serve the statewide educational community, 2. House educational programs under the jurisdiction of the SBE, or 3. House vocational programs at comprehensive high schools and/or vocational schools cooperating with community and technical college programs. B. C. D. E. 24 Any project funded, must be included in an approved tenyear facilities plan submitted by the State Board or Administrative Board of the facility. Projects submitted must include any and all other funding sources potentially available for the project. Grant funds shall expire based on a three year contractual agreement between the SBA and the grantee. Emergency Grants – Funds amounting to no more than two percent (2%) of the total funds available for distribution from school construction funds shall be set aside as an emergency fund to be distributed in emergency situations as defined by the Authority. Application for such funds shall be in accordance with SBA procedures. (Appendix D) Grant funds shall expire based on a three year contractual agreement between the SBA and the grantee. Planning Grants – Effective and efficient use of resources can best be assured through appropriate development of the ten-year Comprehensive Educational Facilities Plan required in SBE Policy 6200. Therefore, if funds are deemed available, the SBA may provide grants to assist counties with the development of their CEFP for the successive ten-year planning period. These grants will be made available only during the final two years of each tenyear planning period. Planning grants will be used to assist the county boards and area vocational centers with a portion of the cost for professional services associated with the research and development of the ten year CEFP. The SBA will establish the amount available for distribution prior to each ten year planning cycle. School Construction Grant “Need” – The remaining monies determined by the Authority to be available for distribution from school construction funds shall be allocated and expended on the basis of needs and efficient use of resources. The SBA shall make funding determinations in accordance with the provisions of the Code of West Virginia and shall assess existing school facilities and each facilities plan in relation to the needs of the individual student, general school population, the communities served by the facilities and facility needs statewide. Grant funds shall expire based on a three year contractual agreement between the SBA and the grantee and may be extended up to two years at the discretion of the SBA. Major Improvement Program Grants – Funds appropriated by the legislature to the school major improvement fund shall be distributed by the SBA on the basis of need. These funds are for major renovation or rehabilitation of existing F. facilities and for additions to existing schools. Grants to counties from the major improvement fund are for projects of at least $50,000 but not exceeding $1,000,000. A county may be eligible for major improvement funds provided: 1. The county has an approved Major Improvement Plan (MIP). (Appendix B) 2. The county is ready to expend the funds in the fiscal year monies are distributed to them. 3. The county has spent, in the previous year, an amount in maintenance of their schools equal to the average of the lowest three of the past five years maintenance budget. 4. The county has budgeted in their current maintenance budget an amount equal to or greater than the average determined in item three above. School Access Safety Grant – Funds appropriated by the legislature to the School Access Safety Fund shall be distributed by the SBA based on the availability of funding. These funds are for improvements of school access safety and will be distributed in accordance with SBA Policy provided the county board is in compliance with all requirements in Appendix K of the SBA Policy and Procedures Manual. 2.31 HVAC Engineering Studies Needs and MIP projects involving heating, ventilating and air-conditioning renovations must be accompanied by an engineering study and complete estimate of probable cost to be considered for funding. The engineer performing the study must be licensed in the State of West Virginia and must be registered in the discipline for which the proposed renovation relates. Projects involving the redesign of HVAC systems must be accompanied by an engineering study outlining the scope of work proposed and cost estimate for completion. 2.4 Awarding of Funds Any project for which funds are being requested from the SBA must be part of an approved CEFP identified either as a major need or major improvement. A. 25 Three Percent (3%) Statewide Grants 1. Projects eligible for three percent (3%) statewide funds include any facility that serves the educational community statewide or houses educational programs that are under the jurisdiction of the SBE, regional vocationaltechnical centers, as well as county vocational centers. 2. Projects submitted for competitive funding from the three percent (3%) designation must include information regarding the following areas as described in the “Handbook on Planning School Facilities” wherein applicable: a. An analysis of the community being served. b. A study of the population and enrollment. c. The education plan. d. An evaluation of the existing facility. e. The financing plan for the project. f. Translation of educational needs into facility needs. g. A School Construction Fund Project (“Needs”) Executive Summary (SBA 120) h. An explanation of how the project relates to the major items presented in 1.1 B (1 thru 8) of the SBA Policy and Procedures Handbook. 3. All projects submitted for three percent (3%) funding shall be submitted directly to the SBA which shall be solely responsible for the evaluation and selection of all projects. 4. Projects submitted that are under the jurisdiction of the State Board of Education will be forwarded by the SBA to the State Board of Education for review and recommendation. B. Five Percent (5) Multi-Use Vocational-Technical Education Facilities Funds An amount up to 5% of available funds from the school construction funds may be made available by the Authority during any funding cycle for projects at Multi-Use Vocational-Technical Education Facilities. Projects eligible for five percent (5%) statewide funds include: 1. Any facility that serves the vocational-technical educational community and, 2. Is under the jurisdiction of the SBE, a county board of education, a Regional Administrative 26 Council, or joint Administrative Board that may include post-secondary programs as a first priority. Projects funded from the five percent (5%) vocational fund may include expenditures for equipment and equipment updates. Project applications shall be submitted to the Authority in accordance with the Needs Grant Fund process described in 2.4 E. Prior to distribution of funds in any given funding cycle, the Authority shall consider the amount, up to 5% of the total available for distribution that shall be set aside for this purpose. C. 27 “Emergency Funds 1. The Emergency Fund is available at the discretion of the Authority to assist where emergency situations endanger a safe and healthful environment for students. 2. To qualify for a grant from the emergency fund: a. Need must have been generated by an unforeseeable catastrophic event (i.e., fire, wind, earthquake, flood, storm, etc.), general disaster or Act of War. b. Funds from federal, state and local sources for emergency repairs and replacements must have been identified and included in the project budget. c. All insurance claims must have been filed and amount of settlement determined. Insurance coverage of a facility should be equal to the cost of replacement. 3. State School Improvement funds including Emergency Grants will only be considered for buildings covered by flood insurance or buildings effected by flooding that are outside the established 100 year flood plain and therefore not eligible for flood insurance. Buildings eligible for flood insurance but not insured by the county will not be eligible for SBA funding. 4. Because of limited resources in the Emergency Fund, and to encourage local boards of education to appropriately insure their facilities, grants from the Emergency Fund shall be limited to an amount not to exceed two million dollars for any and all damage to 5. D. 28 schools incurred during any given catastrophic event. Application shall be made within ten days after said emergency to the SBA and in accordance with adopted SBA procedures. (Appendix D) CEFP Planning Grants 1. It is the responsibility of each county to develop and implement a ten-year Comprehensive Educational Facilities Plan (CEFP) in accordance with SBE Policy 6200 beginning with the year 1990 and for each successive ten-year planning period thereafter. 2. The SBA may provide a one-time grant during the allotted planning period to attain professional consultation in the development of said county-wide CEFP. (Appendix E) 3. The planning/grant period shall include the final two years of the existing ten-year planning period and shall be available during each successive ten-year planning period as funds are determined available for distribution by the Authority. 4. The effective date for new CEFPs shall be established by the Authority. Therefore, the current grant period shall incorporate both the year before the end of the ten year planning cycle and the year of the expiration of the ten year planning cycle. Availability of funds shall begin on July 1, twenty-four months prior to the deadline for submission of the ten year plan and expire in 24 months or June 30, of the year the plan is required to be completed. However, a county will not be eligible for SBA funding after the CEFP expiration date without an approved CEFP. Any monies remaining in the fund shall be expired to the construction fund. 5. Grants shall not exceed 50% of a county’s cost for said consulting services and limits of the grant amount shall be established by the Authority for each ten year planning period. 6. Professional consultants shall be selected in a manner approved by the SBA. To achieve consistency among all county plans, the SBA may provide educational facilities planners and 7. E. 29 architectural/engineering consulting professionals to assist with the preparation of each county plan. (Appendix E) The SBA and SBE may monitor the planning process and set submission deadlines for portions of the CEFP. School Construction Funds “Needs” Grants 1. Each county in West Virginia who has an approved CEFP is eligible for capital improvement funds from the SBA based on the needs of the facilities in their district. 2. Each county is responsible for determining in their facilities plan the specific project(s) for which SBA School Construction Fund (“Needs”) will be requested. This individual project will be fully developed in regard to the issues indicated in 1.1 in the SBA Policy and Procedures Handbook and have a SBA School Construction Funds Project (“Needs”) – Executive Summary completed. (SBA 120) 3. Proposals for School Construction Fund projects must be part of an approved CEFP, and submitted at the request of the Authority based upon the availability of funds for distribution. 4. The SBA will appoint a plan review advisory team that will assist the SBA staff in an advisory role during the review of each project submitted by the counties. The Authority reserves the right to request review of any or all projects submitted to them that they feel has special merit or extenuating circumstances. (Appendix F) 5. The Authority will review and evaluate the projects based upon criteria set forth in WV Code 18-9D-16(d) and 1.1 of the SBA Policy and Procedures Handbook. The SBA staff will provide on-site information and project evaluations for all projects to the Authority for final review and funding consideration along with a prioritized list of potential projects based on staff and advisory team evaluations. At the conclusion of each funding cycle, each county shall receive an explanation of the evaluating factors underlining the decision of the Authority to fund or not to fund the project. Additionally, prior to final action on approving projects for funding, the Authority shall submit a certified list of the projects to the Joint Committee on Government and Finance. 30 F. Major Improvement Funds 1. Each county or educational agency that has an approved Major Improvement Plan (MIP) as part of an approved CEFP and meets the criteria in Section 2.3 of the SBA Policy and Procedures Handbook is eligible for capital improvement funds from the SBA’s Major Improvement Fund. 2. Major Improvement Plan (MIPs) are developed by each county or educational agency in accordance with the guidelines in Appendix B and approved by the SBA. The MIP shall address how the proposed plan, and any project in it, meets the following goals and objectives as established by the SBA in Appendix B. 3. Each county shall submit as part of their annual CEFP Update a prioritized list of MIP projects for SBA review. The most needed project shall be further developed to address the criteria of the SBA as indicated in Appendix B and submitted for funding consideration. 4. The SBA shall review and rate the projects for funding each year in the manner prescribed in Appendix B. 5. MIP Funds shall expire based on a two year contractual agreement between the SBA and the grantee. An extension of funds will not be granted. G. School Access Safety Grants 1. Each county board with an approved School Access Safety Plan who meets the eligibility requirements of the School Access Safety Act (Rule 7 and Appendix K of this Handbook) will qualify for school access funds. H. Reserve Funds – Needs Projects SBA Reserve Grant funding may be provided by the Authority at its’ discretion in an amount not to exceed $500,000 for meritorious projects determined 2.5 to be eligible under the “Needs” based school construction fund. These funds shall be set aside and not expended awaiting final approval of the project budget by the SBA. The purpose of these funds is to establish SBA support for a project and to acknowledge the intent of the Authority to fund the appropriate balance of the project as funds become available and the county finalizes an SBA approved finance plan for the project. These funds will be held by the Authority for a period established in the grant agreement between the county board and the SBA not to exceed eighteen months. Upon approval of the actual needs grant to develop the project an additional three (3) years will be provided to complete the design and construction of the facilities established in WV Code 18-9D-15(f). Should the grant recipient fail to secure the remaining project funds to complete the entire finance plan for the project these funds will automatically revert to the school construction fund and be made available for distribution to other projects. Utilization of Funds – Authorized Expenditures A. B. C. 31 Bond Retirement 1. With approval of the funding agency, SBA funds may be dedicated to the payment of local bonds that were used for the purposes defined in an approved facility plan. 2. With SBA approval, state funds may be used for the repayment of local bonds issued by the Authority for the benefit of the county, but are in addition to bond monies made available by the Authority. Construction Costs – SBA funds may be used for capital improvement projects including new construction, additions or renovations to existing facilities, provided, such project meet the SBA guidelines and are approved by the SBA. Allowable costs of construction will be reviewed and approved annually by the Authority on or before the June Quarterly meeting. SBA funds cannot be transferred from one project to another. Major Improvement Funds – MIP Grants awarded to an agency for projects from their MIP must be for projects of at least $50,000 but not exceeding $1,000,000. It is intended that each county’s routine maintenance budget be responsible for general repairs and upkeep of school facilities. Projects designed to supplant these county funds will not be considered as fundable from the major improvement fund. 2.6 SBA Funds Accounting A. B. 2.7 Reimbursement Procedures A. 32 Treasurer’s Report 1. A separate account shall be set up within the fiscal records of the individual county to account for all SBA funds. All records shall be maintained pending a final project audit. 2. Funds expended for a multi-county project shall be distributed to the county designated as the fiscal agent for the project. Budget Coding 1. County budgets must be supplemented when a grant transfer letter is received from the SBA. This letter will accompany the Grant Agreement and will inform the county that monies will be transferred from the state account to the county’s account at the custodial bank at the time the signed contract is received by the SBA. 2. Monies must be supplemented into the general current expenditure funds (Fund 1). 3. All funds to be utilized for capital improvement, regardless of the source, are to be coded in project 25 utilizing the following code numbers: 25X1X – All SBA Funds 25X3X – Local Funds 25X4X – Federal Funds 25X5X – Better School Amendment Funds 25X9X – Other Funds Funds will be distributed through a requisition process wherein: 1. Original invoices are submitted to the SBA offices and to the trustee of the account (bank) before the fifth (5th day) of each month. Submission to both entities is required to transact payment to the county. 2. 3. 4. 5. 6. 7. 8. 33 Invoices for each project code will be grouped together with one requisition cover sheet for each project code. (SBA 104) Each requisition sheet must be signed by the superintendent of schools with certification that the previous month’s invoices were paid to the vendors (Item C on Exhibit B) Invoices are reviewed in the SBA Office between the fifth (5th) and the tenth (10th) of each month. Checks are written to reimburse the counties for approved expenditures on the fifteenth (15th) of the invoice month unless additional data is requested by the SBA. Should clarification of a specific invoice or the status of a specific project be required, payment may be delayed until support data to verify the expenditure is provided to the SBA. A BP-13-A or SBA Certificate of Contract Completion for Multiple Prime Projects (SBA 139) form to verify completion of a contract must be submitted prior to the request for final payment on every contract. A retainage equal to five percent (5%) of the total contract construction cost will be held by the SBA until the contract is officially closed by submission of the completed BP-13-A and signed by a representative of the SBA. (WVDE BP-13A & SBA 139) No educational facility shall be occupied without prior approval from the Authority and the appropriate state and county regulatory agencies. SBA Policy and Procedures RULE 3 3 FUNDING SPECIFIC FACILITY PLANS 3.1 Building Gross Areas A. Allowable gross square foot building areas shall be reflective of the student population and the educational program. The building design shall maintain a minimum program utilization of 85% unless this requirement is waived by the SBA due to extenuating circumstances (i.e., specialized classrooms in comprehensive high schools, declining or increasing student populations, middle school grade configurations and elementary school restrictive classroom enrollments). The actual maximum square footage approved for construction may or may not be equal to the maximums established by the SBA. B. In order to encourage efficiency, yet continue to provide funding for small rural community schools that may be geographically isolated from other schools, those schools funded with enrollments below the SBA enrollment ranges (See Appendix A) shall be planned on an individual school basis. The actual square footage shall be dictated by prior agreed upon design enrollments and space required to house the number of students and curricular offerings. C. With exception of the small school design procedure, all other schools maximum gross building area allowances shall be computed as the product of the design enrollment times the SBA approved square foot allowance per pupil. The SBA will annually publish on or before the June Quarterly meeting the maximum allowable square footages for elementary, middle/junior and high schools based on the latest requirements of State Board Policy 6200 and SBA Policy and Procedures Handbook. 3.2 Prototypical School Design A. 34 To encourage efficiency in school design, SBA standardized building performance criteria will be used and where possible, proto-type designs for common academic spaces will be incorporated into new school designs. Local boards shall consider complete building design proto-typing for each project. The SBA will, in cooperation with the local board, determine if and when existing building designs may be duplicated for other projects within the county. The maximum amount of architectural and engineering (A&E) design fees that will be paid from project funds will be determined by the SBA and will be based on the size and complexity of the project. Additional fees above the SBA maximum are allowable. However, these fees must be paid by the local board as a separate project cost. A&E fees will be adjusted in new school designs where extensive proto-typing is incorporated into the design by the SBA or county board of education. 3.3 B. Prototypical school designs must be used when educational and design conditions exist that allow the reuse of a previous building design. The local board in cooperation with the SBA staff will review this option and determine if the proposed school design may be prototyped from other school designs immediately following SBA approval of a new school project. C. Prototypical school design considerations include but are not limited to:  School enrollment similarities  Educational Planning requirement similarities  Site and climatological conditions Design Capacity A. B. 3.4 Allowable Construction Costs for New Construction A. B. 35 Design capacity shall be defined as the 8th year projected enrollment of students expected to attend a school facility as indicated by historical enrollment trends and the ten year CEFP enrollment projection. Vocational space for new comprehensive high schools will be reviewed for each individual project and shall be included as part of the total design capacity. SBA funded allocations for the construction of each facility will be limited through use of the maximum gross area allowance times (X) the most current SBA approved square foot cost for elementary, junior/middle and senior high schools. Construction cost per square foot may be adjusted by the SBA to reflect regional cost factors. Statewide construction costs will be reviewed annually and may be adjusted upwardly or downwardly for inflation based on actual and projected costs of projects constructed. This information C. D. E. F. 36 will be reviewed and the construction cost allowances published by July each year. The construction costs allowance shall include site work, building construction cost, building furnishings and equipment, architectural and engineering fees, construction manager or clerk-of-the-works, survey work, geotechnical studies, radon testing, utility connections from the building to the property line and advertisements. New elementary schools with design enrollments less than 400 students will be provided a combined art and music classroom. New elementary schools with design enrollments greater than 400 students will be provided separate art and music classrooms. All new elementary schools shall be designed with a physical education space separate from the cafeteria. The size of the physical education spaces will be based on the student enrollment of the school and will comply with State Board Policy 6200 Guidelines. In compliance with WV Code 18-9D-19(c), auxiliary gyms are to be included as allowable construction costs in high schools that meet the minimum SBA efficiency enrollments of 800 students in grades 9-12. 1. Auxiliary gym spaces shall be a maximum total of 6,000 square feet and 144,000 cubic feet. 2. Spectator seating within the allowable 6,000 square feet may be up to 1,000 square feet. 3. Approved costs for auxiliary gyms do not include spaces for additional locker, restroom, dressing room or office spaces. 4. SBA funds for auxiliary gyms may not be used in conjunction with local funds to increase the size and/or spectator capacity of an auxiliary gym to create a second spectator gym. In compliance with WV Code 18-9D-19(b), comprehensive vocational facilities may be constructed in new high schools or existing high schools that meet the minimum SBA efficiency enrollments. The following criteria will be considered to determine the feasibility of construction of these spaces: 1. The distance of existing vocational facilities from the new or existing high school location. 2. The current demand of secondary students for vocational programs and/or the condition of the existing facilities must justify the need for additional/replacement spaces or the renovation of existing spaces. 3. The construction of a vocational component at a new comprehensive high school or at an existing high school must not create an adverse effect on other county vocational students or vocational students from other counties. The SBA does not deem the construction of any additional vocational spaces feasible: a. If it could result in the reduction of available vocational programs at the existing school. b. If it results in the inefficient use of existing or new vocational space. c. If it adversely reduces existing vocational center operational budgets. d. If it could result in the closure of any existing county or multi-county vocational center currently serving the student population of two or more feeder schools. G. SBA Grant Funds may not be used for: 1. Cost of issuance for local bonds or other indebtedness. 2. Site acquisition, unusual utility extensions, unusual site preparation cost, access highways, repaving of existing parking lots or construction of athletic facilities. a. Grant recipients are required to coordinate site selection for construction of new schools with the SBA prior to negotiations with seller or provider. b. If it is determined by the SBA that extensive utility costs, special footings or foundations or other site preparation costs will consume a disproportionate amount of the building construction cost, an alternate site must be used. However, the Authority may consider approval of the proposed site if the grant recipient elects to provide additional local funding to pay the cost of developing the proposed site. At the conclusion of the site selection process, the SBA will provide a site acceptance letter to the local board that will allow the site acquisition process to begin. 3. Construction or renovation of athletic facilities, computer equipment, instructional supplies and equipment. 37 4. H. 3.5 Renovations A. B. C. D. 38 Reimbursement of salaries for county employees. (County employees should not be utilized to work on SBA funded construction projects). 5. Legal fees associated with any court proceeding or property acquisition cost. 6. Costs associated with defense or award of an arbitration action. Contingency allowance for each new construction project shall be established as two percent (2%) of the construction budget. For renovation work within an existing building, the computation is the product of the approved gross square footage of the project times (X) the percentage of the state building construction cost per square foot. The percentage is defined as the percentage of the cost of replacement of the facility. The percentage criteria is based upon the age of the existing building in which renovation work is scheduled. An older facility that has specific value to the community cannot be funded for more than the percentage indicated. Restoration or renovation beyond these funding levels must be addressed by local initiative. 40 years or more 60% 25 to 39 years 50% 16 to 24 years 40% 0 to 15 years 10% For a project with renovation work and an addition, the computation is the product of the approved square footage using the percentage of the building cost per square foot for renovation work added to the cost for the addition whose combined total must not exceed 65% of the cost of a new replacement building to qualify for SBA funding. Contingency allowance for each renovation project shall be established as four percent (4%) of the renovation budget. SBA Policy and Procedures RULE 4 4 39 PROJECT ADMINISTRATION AND REVIEW 4.1 Each educational agency receiving funding from the SBA shall appoint an administrator for the construction/funding program. This administrator shall be responsible for acting as the liaison to the SBA and for submitting the financial and project reports required by the SBA. 4.2 The educational agency shall be required to employ architectural/ engineering firms in compliance with WV Code 5G1-3. The list of architect/engineers responding to the county’s Request for Proposal shall be submitted to the SBA for review and evaluation prior to selection of the finalists by the educational agency. Services shall be rendered under standard AIA contracts approved by the SBA staff. 4.3 Unless a lump sum fee arrangement is used, design fees shall be calculated based on a percentage of the construction cost. Construction costs are calculated based on the lowest acceptable qualified bid for constructing the building. Design fees for alternative designs requested by the grant recipient that are not constructed shall be borne by the grant recipient unless approved by the SBA prior to bidding. Construction cost does not include fees for the construction manager, clerk-of-the-works, construction analyst (paid for under additional services), legal fees, site acquisition cost and B&O taxes or other project costs not directly associated with the construction of the building. Architectural and engineering fees may also be applied to the cost of furniture and equipment only if the architect prepared the bid packages and/or has direct administration over the contract for the installation of the furniture and equipment. Without approval of the SBA, architectural and engineering fees shall not exceed the SBA fee schedule established for new or renovated school construction. Reimbursable expenses for agency review document printing and distribution may be paid from grant funds as a reimbursable cost for printing and distributing. 4.4 The educational agency shall be required to employ a clerk-ofthe-works to monitor all construction projects in excess of $100,000 unless waived by the SBA. Candidates for professional services or clerks-of-the-works shall be submitted for SBA review, evaluation and approval prior to final selection by the educational agency. (Appendix I) A clerk-of-the-works employed by the county through contracted services shall minimally be paid an amount equal to the basic hourly prevailing wage rate of a Journeyman Carpenter as determined by the West Virginia Department of Labor for the project location. 40 4.5 Construction Management The SBA will assign the project management strategy for all projects based on the scope of work and the county’s ability to manage the project. Each project will be reviewed by the Authority following the approval of funding and requirements for project design and construction administration will be identified by the Authority prior to executing the grant contract. If a construction manager is required, the grant recipient will be required to follow SBA Policy regarding the procurement of professional construction management services and West Virginia Code 5G-1-3. The construction management contract must be reviewed by the SBA staff and must be compatible with the design professional contract for the project. 4.6 Design-Build Project Delivery Should a county board of education desire to use the designbuild method of project delivery, the SBA and the requirements of the Design-Build Board of West Virginia must be followed. Appendix G provides the methodology to be used to procure a performance criteria developer, educational planner and the design-build team as well as the procedures that must be followed to request approval from the Design-Build Board and the SBA to use the design-build project delivery method. County boards considering using the design-build method of project delivery must review the process for selection of projects as described in the West Virginia Design-Build Procurement Act, Title 148CSR11 and must begin this process prior to submission of the project to the SBA for funding consideration. The project must also be submitted to the Design-Build Board for review and approval before soliciting the Invitation for Qualifications from qualified firms. 4.7 The SBA reserves the right to review any SBA funded project at intervals deemed necessary before, during or after construction begins. The architects, engineers and county administrators are responsible for including the SBA in the decision-making process during all phases of planning, design and construction beginning with the development of educational specifications. The SBA must be notified by the county of any meetings related to the planning of the project. 4.8 Geotechnical For projects funded by the SBA, the educational agency shall be required to perform a geo-technical survey on any potential school construction site prior to the purchase of the site. The survey shall include a complete soil and substrata report to determine the suitability of the site for the construction. A copy of the report must be provided to the SBA office for review and approval of the cost impact on each site being considered prior to the purchase of the site. The report shall provide site preparation and building footings and foundation design information for the proposed site(s) specific to each site being considered for the project. 4.9 The SBA reserves the right to review all applications for payment or other invoices submitted against any SBA project. Completion of proper documentation by the educational agency and/or the company requesting payment shall be a prerequisite to any invoice being honored by the SBA. 4.10 The SBA reserves the right to review all county, clerk-of-theworks, project architect/engineer, and construction manager files related to an SBA funded project. 4.11 Occupancy of New Educational Facilities 4.110 Teachers and other employees shall be informed of the operation of the building, particularly fire escape routes, heating, ventilating and air conditioning systems and communications systems. 4.111 No educational facility shall be occupied without prior approval from the School Building Authority and the State Fire Marshal. (SBA 146) 4.112 Training of Custodians and County Maintenance Staf At the conclusion of all construction projects, the contractor shall be responsible for providing pertinent product information including warranty and maintenance instruction to county officials, as well as provide training for county staff regarding the operation and maintenance 41 of the building systems and materials. It is the responsibility of the county board of education to assure that staff is present during the training and has sufficient in-service instruction on all equipment in order to properly maintain the new or renovated facility. At the conclusion of the training, the local board shall provide assurances to the SBA that the training has been provided. 4.113 Within the first year of occupancy of any new SBA funded school facility the county is responsible for testing for the presence of radon in accordance with the guidelines and procedures of the West Virginia Bureau of Public Health in the facility. A follow-up radon test is mandatory every successive five years. Test results shall be filed at the school and with the West Virginia Bureau for Public Health. 42 SBA Policy and Procedures RULE 5 5 SCHOOL BUILDING AUTHORITY CONTRACTS AND AGREEMENTS 5.1 Grant Agreement A. B. C. D. E. 43 In order for SBA funds to be utilized for any project, a grant agreement between the educational agency and the SBA must be enacted. (Appendix H) New school designs in West Virginia shall comply with codes and standards as adopted by the State of West Virginia in accordance with 18-9E-3. Qualified contractors bidding on SBA projects will present acceptable liability insurance levels and a completed “Contractor’s Qualification Statement” to the SBA for review prior to the award of the construction contracts. These documents are to be treated in highest confidentiality and are to be reviewed only by those involved with the selection of the contractor. A financial statement shall be required of the lowest qualified bidder(s) being considered for award of the contract. The “Contractor Qualification Statements” including subcontractors shall be submitted to the School Building Authority office by low bid contractors within 72 hours of the completion of the bid opening. (SBA 105) All bid documents prepared shall require that the lowest qualified bidder(s) submit a completed form SBA 123, List of Subcontractors and Major Equipment and Material Suppliers. This information must be submitted by the lowest qualified bidder(s) to the SBA office within two hours after the completion of the bid opening. Bid openings shall not occur after 2:00 p.m. local prevailing time. Failure to submit the list of subcontractors and major material suppliers within the two hour limit will result in the rejection of the bid. Work Based Learning Opportunities – To the extent practical, the constructing contractor on projects involving the new construction and renovations of Vocational, Technical and Adult Education facilities should work cooperatively with the county board of education or Administrative Council to establish work based learning experienced to introduce county vocational students to construction work practices as outlined in Appendix J. 44 SBA Policy and Procedures RULE 6 6 SCHOOL BUILDING AUTHORITY REPORTING PROCEDURES 6.1 Financial, Planning and Construction Reports A. B. C. D. 45 SBA Exhibit A-1 – Project Description and Finance Plan – This form, included in the Grant Agreement, is used to identify the specific project location, the scope of the work to be done, an estimate of the cost of the work and the amount of the grant approved by the SBA. (Appendix G) SBA 113 – Construction Observation Report – This report is to be completed weekly by the clerk-of-the-works or the county administrator responsible for the SBA building program. It is designed to report the progress of construction and to report to the county board of education highlights or concerns regarding the construction’s progress. These reports are to be attached to the project’s daily logs for the corresponding week and be made available to the SBA’s project representative during site visits. WVDE P-1 – Application for Project Approval (Rev. 2/28/92) – This report is to be submitted twice by the county, initially with the schematic documents when they are submitted to the SBE and the SBA for review. Preliminary review documents required with the P-1 form are: (1) educational specification and educational program; (2) schematic documents; (3) outline specifications, and (4) first estimate of probable construction costs. A final P-1 is to be submitted to both agencies at the completion of the project with a BP-13-A or when appropriate, SBA 139 completion report prior to requisition for final payment. When a project does not require a design review, it is the responsibility of the county facility administrator to initiate the P-1 form to both the SBE and the SBA. WVDE BP-13-A – Certificate of Project Completion (Rev. 10/94) A certificate of completion is submitted to the SBE and the SBA upon completion of a project in order to effectuate a close-out of the project. Final payment to the county for a specific project is dependent upon acceptance of the project and sign off of the BP-13-A by the SBA. The architect or project administrator shall arrange an inspection tour with the appropriate officials. Projects utilizing multiple prime contractors shall complete the SBA 139 form to designate completion of each contractor’s E. F. 46 responsibility and trigger final payment of SBA funds. No occupation of a new facility or renovated facility shall occur until a certificate of occupancy is provided by the fire marshal and final approval to occupy the facility is granted by the SBA. Evaluation of Performance – The county board of education is responsible for completing evaluations on each contractor and architectural/engineering firm that has performed work on a SBA funded project using the appropriate SBA evaluation form and submitted with the BP-13-A or SBA 139 project completion forms. 1. Contractor Evaluation Report (SBA 124) 2. Architect/Engineering Evaluation Report (SBA 125) The grant recipient shall provide the School Building Authority a copy of the final certified testing, adjusting, and balancing (TAB) report for new HVAC systems installed in schools. The report must be prepared by an independent agent, directly representing the building owner and qualified to perform testing, adjusting and balancing of HVAC systems in accordance with the requirement of WV Code 18-9(e)-3 and those requirements found in SBA Appendix I – Architectural and Construction Regulations. The report will include the findings of the TAB contractor’s evaluation of the new HVAC system and final HVAC performance data. The TAB contractor will perform the duties as described in the project construction documents in cooperation with the design engineer and building contractors. SBA Policy and Procedures RULE 7 7 SCHOOL ACCESS SAFETY ACT GUIDELINES AND PROCEDURES 7.1 School Access Safety Funds – Funds appropriated by the legislature to the School Access Safety Fund shall be distributed by the School Building Authority on the basis of net enrollment. These funds are for improvements of school access safety and will be distributed in accordance with SBA policy and in accordance with all requirements in Attachment K of the SBA Policy and Procedures Handbook. 7.2 Awarding of Funds School Access Safety Grants A. Each county board who has an approved School Access Safety Plan and meets all the eligibility requirements of the School Access Safety Act established in WV Code §18-9F, will qualify for School Access funds. B. The School Building Authority will initially review the list of projects within the plan for compliance with the School Access Safety Act and based upon the availability of funding will annually review projects from within the plan for funding consideration. C. School Access Safety Grant projects must be included in the county’s School Access Safety Plan (Appendix K) and must be a part of an approved comprehensive educational facilities plan (CEFP) or must be amended into the CEFP to be eligible for funding. D. School Access Safety funding provided by the School Building Authority must be expended within one year. The School Building Authority may grant a six month extension of funding if it is determined by the Authority that extenuating circumstances prevented the county from expending the funds within the one year period. Once expired by the School Building Authority, remaining funds shall be added to the total funds available to all counties in the School Access 47 Safety Fund and distributed in future funding cycles. E. A local contribution in an amount equal to or exceeding 15% of the funding available to the county is required in order to secure School Access Safety funds. If a county board feels that it cannot fulfill the 15% local match as required, the county board of education may submit a financial hardship waiver request to the Department of Education for review and consideration. 48 School Building Authority of West Virginia Policy & Procedures Handbook Chapter 1 COMPREHENSIVE EDUCATIONAL FACILITIES PLANNING (CEFP) PROCEDURES 49 100. Comprehensive Educational Facilities Plan (CEFP) Development Each Local Education Agency (LEA) shall develop a Comprehensive Educational Facilities Plan (CEFP) in accordance with the provisions described in West Virginia Board of Education Policy 6200 – Handbook on Planning School Facilities. The CEFP shall be approved by the West Virginia Board of Education (WVBE) and subsequently the SBA prior to the consideration of any project listed within the CEFP. Each LEA’s CEFP shall identify specific projects that are to be completed in the next 10-plus year planning cycle regardless of funding source. Relating to the delivery of education, CEFPs must identify current and future needs and must predict life-cycle costs of systems and equipment. Projects that are to be submitted and considered for SBA funding must address the objective criteria for the evaluation of projects as established in West Virginia Code §18-9D-16(a)(3)(D). 100.01. The CEFP shall include the following items: 100.011. An evaluation and inventory of all existing facilities that includes facility condition assessments and building evaluation forms for each facility within the LEA. The assessments shall create comparative indexes to track building condition, utilization, and energy utilization. 100.012. Educational Planning directives that provide a standard against which existing facilities can be measured. The Educational Plan includes a system plan, a curriculum plan, an instructional plan, an operations plan, a support plan, and a personnel plan. 100.013. An analysis of the communities being served by the schools and the impact each has on the other. 100.014. Projected enrollments and enrollment projections from a source approved by the WVDE. 100.015. An anticipated timeline for the implementation of the total plan that includes when each proposed facility action is to be taken and when each action is to begin. 100.016. Narratives on each existing school facility describing the future use and scheduled improvements 100.017. A Major Improvement Project (MIP) Plan. 100.018. Assurances that the LEA is in compliance with all WVDE requirements. 100.02. The LEA must work with other LEA(s) to complete Inter-County Feasibility Studies 100.021. Each county shall submit a list of grouped, inter-county attendance areas where potential exists for cooperative utilization of a facility between or among adjacent counties. (May include multi-county facilities, i.e., magnet school, area vocational centers, etc.). A detailed analysis of the results of this study and a facility recommendation based on its conclusion shall be included. 100.03. The LEA must provide a Synopsis of Public Comment 50 100.031. Prior to submitting the CEFP to the WVBE and the SBA, one or more public hearing(s) must be held to provide broad-based community input into the plan. Notice of such hearings shall be published as a Class I legal advertisement in compliance with the provisions of West Virginia Code §59-3. 100.032. As a part of the final CEFP, sufficient documentation, including verification of public notices from the local newspapers and a synopsis of all comments received during the hearings must be included. 100.04. The LEA must objectively evaluate the implementation of the CEFP. The LEA shall include an objective means to be utilized in evaluating implementation of the overall plan and each project included therein. The evaluation shall measure: 100.041. How each project furthers the quality educational goals of the SBA as defined in WV Code 18-9D-16. 100.042. How the overall success of any project has related to the facilities plan of the county and the overall goals of the SBA. 100.043. How Amendments that initiate a major revision of the CEFP are necessary in order to justify how the plan no longer met the goals and needs of the LEA. 101. Comprehensive Educational Facilities Plan (CEFP) Management 101.01. The CEFP is to be maintained using the resources provided by the WVBE and SBA as an ongoing and working plan. As projects are completed and maintenance is performed, changes must be reflected. It is to be updated and amended when necessary according to the implementation of the plan. 101.02. Amending the CEFP – Because the CEFP is a living document that may be updated periodically based on necessary changes both foreseen and unforeseen, and to incorporate the continually changing needs of the county, it is necessary to formally amend the plan. 101.021. Amendments are required for all projects regardless of the funding source if the instructional square footage is altered or the work exceeds $50,000. 101.022. Amendments are necessary to reflect major revisions including the addition of new schools, school closures that have been or are to be approved by the WVBE, and reclassification of existing schools. 101.023. Final approval of all school closures remains the responsibility of the WVBE. Any CEFP that includes school closures must be approved by the WVBE before subsequent submission / approval by the SBA. 101.024. Amendments that involve major revisions to the plan must include an Objective CEFP Evaluation instrument to further justify the need for the revision. 101.03. Budget Amendments to the CEFP – Amendments to reflect the change in an identified project(s)’ budget or scope of renovations shall be determined by the WVDE Office of School Facilities and/or the SBA Staff. 51 101.04. LEAs are encouraged to engage and work with members of the SBA Staff for guidance and information. The open lines of communication may streamline state approval of the CEFP. 110. Annual Energy Usage Reporting Requirements 110.01. Because energy use is often one of the largest operating expenses that an LEA must absorb, energy data must be measured so that it can be controlled. On all SBA funded new schools or major renovation projects involving a total HVAC renovation or replacement, annual energy usage data is to be gathered and reported. Individual schools will be given an Energy Usage Index (EUI) benchmark for tracking purposes with the goal of reducing energy demand in the coming years. 110.02. Energy usage data shall be gathered and submitted annually to the WVDE and the SBA using the Annual Energy Use form. This data shall be compared to the benchmark data from the prior years. This annual data should give each LEA an understanding on which systems and equipment may deserve prioritization when determining future projects. 110.03. Energy usage and conservations shall not come at the expense of an uncomfortable thermal environment for all students, teachers, administrators, and other building users. Chapter 11 of the WVDE Policy 6200 – Handbook on Planning School Facilities sets environmental conditions that govern the design and operation of all school facilities. 52 School Building Authority of West Virginia Policy & Procedures Handbook Chapter 2 GRANTS, APPLICATIONS, AND FINANCE PROCEDURES 53 200. Grants Overview The School Building Authority has several grants available for distribution during a fiscal year. With the exception of the Emergency Fund and the Distressed County Emergency Fund, a project that is to be considered for SBA funding must be a part of an approved CEFP. 200.01. Each LEA is responsible for determining in their CEFP the specific project funds for which SBA funds will be requested. Each project proposal to the Authority must address deficiencies and areas for improvement. As project proposals are developed, LEAs must review their Education Plan, ongoing costs associated with operating and maintaining the existing facility(s), current and projected enrollments, and Fire Marshal / BRIM citations. 200.02. Budgets for project proposals must be established by a licensed Architect / Engineer (A/E) or a professional cost estimating service. Grant requests may not exceed the SBA funding formula unless innovative curriculum offerings are proposed which requires additional square footage, and prior approval is obtained by the WV Board of Education and the Authority. 200.03. The SBA Staff is charged with using all available resources to objectively evaluate each project proposal in order to make funding recommendations to the Authority that exhibit a prudent, resourceful, economic, and efficient expenditure of state funds. It is recommended that LEAs engage the SBA Staff and provide all critical project information in order for the SBA Staff to make quality, well-informed recommendations to the Authority. 200.04. The Authority will receive the recommendations of the SBA Staff and take all disclosed information in consideration when making funding decisions. 200.041. The Authority, as a body, must consider the merits of each project proposal. In order for each LEA to receive a fair, impartial, and objective evaluation of their proposed project(s), and in order to maintain a high level of ethical standing in regards to the operation of the Authority as an unbiased and equitable body, no single Authority Member may act on behalf of the entire Authority, without prior vote of the Authority, in communication with any LEA that has submitted or intends to submit a grant request. 200.05. Matching Funds – Unless designated within the specific guidelines of a particular fund, local matching funds included within a School Building Authority project grant proposal are not required. LEAs should, however, consider the funding limitations of the SBA and the available local funds when submitting a project proposal given the Authority’s desire to further the agency’s reach statewide. 200.06. Grants must be awarded by the Authority during a regularly scheduled quarterly meeting, a special meeting, or an emergency meeting. The SBA Staff is charged with establishing submission deadlines given the Authority’s direction on when particular grants shall be awarded. Projects not received by the deadline established will not be considered. 200.07. Grants available for distribution include: School Construction “Needs” Grant Funds Multi-Year Funds 54 Reserve Grants Major Improvement Project (MIP) Grant Funds Three Percent Grant Funds Emergency Funds Distressed County Emergency Funds School Access Safety Plan Funds 200.08. Site Feasibility – Prior to the award of a grant from any fund, the LEA must provide assurances to the Authority that a feasible site has been secured. The LEA may obtain an option to purchase the land at the time the project is presented to the Authority, however, the LEA must own the land in which the project will reside prior to the execution of the grant contract. (Moved from Appendix I, Section II, Item D) 200.081. Site feasibility studies shall be performed on all sites being considered for new school construction. Feasibility studies shall include, but not be limited to: a. Utility availability, b. Subsurface soil conditions, c. as well as An estimate of probable cost to prepare the site for building construction 200.082. Should the local board of education desire to construct the new facility on a site where construction costs are estimated higher than those deemed reasonable and customary by the SBA for a school of similar size, all additional costs to prepare the site for construction of the school shall be the responsibility of the local Board of Education. Consideration must be given to all factors identified in State Board Policy 6200 “Handbook on Planning School Facilities”, Chapter 2. 200.083. The site feasibility study along with the recommendation for the preferred site must be submitted to the SBA for approval evaluation and review before proceeding with the acquisition of any site submitting a grant request. 200.09. The Authority shall not approve any Grants or Amendments to Grants which include the funding of real estate acquisitions with grant proceeds. 55 201. School Construction “Needs” Grant Funds (Formerly Appendix F) School Building Authority of West Virginia PROCEDURES FOR DEVELOPMENT AND REVIEW OF CONSTRUCTION FUND PROJECTS (Needs Funding) APPENDIX F The SBA staff will utilize the following approach to review the projects submitted by each county for competitive school construction funding. Each county in West Virginia who has an approved CEFP is eligible for capital improvement funds from the SBA based on the needs of the facilities in their district. The project, for which SBA school construction funds are being requested, must be part of the approved CEFP to be eligible for funding consideration. Each county shall work with the SBA staff to evaluate the needs of the facilities as indicated in the CEFP. 201.01. School Construction “Needs” Grants shall be allocated and expended on the basis of need and efficient use of resources. 201.02. Each county is responsible for determining in their facilities plan CEFP the specific project(s) for which SBA School Construction “Needs” Funds will be prioritized and requested. This individual project will be fully developed by the county working with the SBA staff, in regard to the issues indicated in Section 1.1 of the SBA Policy and Procedures Handbook West Virginia Code §18-9D-16(a)(3)(D)and have a SBA School Construction Fund Project Summary Report completed. Proposals for school construction fund projects must be part of an approved CEFP and submitted at the request of the Authority based upon the availability of funds for distribution. Provide two (2) hard bound copies and one (1) electronic PDF file. The Authority will review and evaluate the projects based upon criteria set forth in Section 1.1 of the SBA Policy and Procedures Handbook. The SBA Staff will make recommendations to the Authority who will deliberate A prioritized list of projects to be funded equal to the amount of the funds available during the specific funding cycle will be developed by the Authority. The Authority reserves the right to request review of any or all projects submitted to them that they feel has special merit or extenuating circumstances. 201.03. School Construction “Needs” Fund grant requests will be developed, reviewed, verified, and selected based on the following requirements: 56 201.031. Development of the Competitive School Construction Fund Project. a. Each county shall work with the SBA staff to evaluate the needs of the county’s facilities based on the conditions described in the CEFP. Discussions should focus on the projects impact on the county’s preventative maintenance plan, as well as, the impact on county’s efforts to operate more efficiently. b. The proposed project, whether it is a new facility or an addition/renovation, should focus on improving efficiencies within the school district and shall be developed with integral involvement of the SBA staff. (1) If the proposed project is to be the construction of a new facility, SBA funding will be determined on the SBA funding formula. Should the county desire additional square footage for enhanced educational offerings above the SBA funding formula or to utilize property with abnormal site conditions, additional local funds may be needed to complete the desired increase in project scope or a request for a waiver must be submitted and approved by the State Superintendent of Schools and the SBA prior to submitting the Needs grant application. Should design professionals and/or cost estimating professionals be needed to assist in determining the additional scope of work or potential additional funds needed to complete the desired project, the SBA staff will assist in the advertisement and hiring process for the necessary services. (2) Should If the proposed project is to be an addition, renovation, or mechanical/electrical system upgrade to an existing facility, the SBA staff shall assist in developing an understanding of the desired scope of work prior to with the involvement of architecture / engineering design professionals. Once the scope of work is defined, the SBA staff will assist in the advertisement and hiring process of the appropriate professional services and together the final scope of work will be determined. c. Once an understanding of the proposed project scope has been developed, the SBA staff will assist may offer assistance with the completion of the required documentation to ensure an accurate representation of the proposed project is submitted for SBA funding consideration. 201.032. Review of the competitive school construction fund projects a. The SBA staff will evaluate the school construction fund projects grant applications in accordance with WV the provisions outlined in West Virginia Code §18-9D-16 as well as the mission and goals of the Authority as in §18-9D-15. 57 b. This review will utilize the following criteria to evaluate and make recommendations concerning merit for school construction funding. (1) Health and safety (2) Economies of Scale (3) Travel Time and Demographics (4) Multi-county/Regional Aspects (5) Curriculum Improvement (6) Educational Innovations (7) Adequate Space for Projected Enrollment (8) History of local funding efforts (to the extent constitutionally permissible) (9) Effective and Efficient Use of Funding 201.033. Verification of Evaluations of Existing Facilities – School Construction Fund Projects a. An on-site evaluation report will be prepared by the SBA staff for all school construction fund Needs projects grant requests throughout the state as identified by the Authority. This report will: (1) Verify the scope of the project (2) Assess cost estimates of proposed facilities (3) Evaluate the feasibility of the project (4) Consider the option of new vs. renovation (5) Address transportation and demographic issues b. During the on-site review and prior to the Superintendent interview, the SBA staff will assist in developing the presentation to be used in an effort to provide the Authority Members a thorough understanding of the proposed project may offer assistance and suggestions to aid in the thoroughness of the interview. 201.034. The SBA Staff’s on-site evaluation report will be provided to the Authority for consideration in their deliberation and final selection of projects to be funded from the construction funds account as a supplement to the information provided in the Superintendent Interviews meetings. 201.035. Administrative Interview – Before the Authority determines the statewide prioritized list selects projects for grant awards, members will identify projects where specific questions or clarifications are needed in order to consider the project for funding interview and ask questions of the project from the counties requesting the grants. Superintendents and county board presidents will be asked to appear before the Authority to make presentations regarding their individual projects and to answer questions of the Authority members. 58 Upon a majority affirmative vote of the members present, the interviews may be held in Executive Session in accordance with WV Code 6-9A-4 (9) which provides that such session may be held for: “matters involving or affecting the purchase, sale or lease of property, advance construction planning, the investment of public funds or other matters involving competition which, if made public, might adversely affect the financial or other interest of the state or any political subdivision.” a. Purpose of the Interviews (1) To provide an opportunity for the local board of education to express the importance of the project to the school system and its impact on the students who will attend the school; (2) To clarify any issue or question regarding the project; (3) To familiarize the SBA Members with individual projects and provide opportunity for questions prior to funding deliberations. b. Interview Format (1) A short presentation by the county administration emphasizing both cost savings to be gained as well as educational opportunities to be achieved the severity of need the project will address and the positive effects of the proposed solutions should the project be funded. A strict limitation of 5 minutes for oral presentations by each county will be enforced by the Authority. (2) Questions will be asked by the SBA Members concerning the project. A 10-minute limitation will be used for this phase of the interview component. (3) Prior to the meeting, the SBA Staff will establish time limitations of approximately fifteen minutes for each county’s interview. The Authority encourages strict adherence to these time limitations. (4) The County may provide handouts and/or photos that will help clearly address the need of this project, its impact on the quality of education, and any efficiencies the administration may gain. c. Content of the Superintendent’s Comments (1) The presentation should address the specific costs and savings as can best be estimated from the data available to the administration. This should include such items as transportation, personnel, Operations and Maintenance and administrative costs. (2) Projected timelines should be provided on the completion of design, bidding and construction components. Status of the project including architectural designs, site selection, and/or other work that has been completed prior to the interview date should be emphasized. (3) Any handouts and/or photos that will help clearly address the need of this project, its impact on the quality of education, and the efficiency of administering the county school system may be utilized during the interview process. 59 (4) Be prepared to work with the SBA to develop a project budget for the construction of the proposed facility during this session. 201.036. After these steps are completed, the Authority SBA Staff will have gathered and compiled sufficient data to create a prioritized list of rankings and recommendations based upon the provisions set forth in West Virginia Code §18-9D-16. This data will be given to the Authority to make judgmental decisions as to which projects will be funded through School Construction “Needs” Grant Funds Grants. 201.037. Prior to final action on approving projects for funding, the Authority shall submit a certified list of the projects to the Joint Committee of Government and Finance. 201.038. Using all data, information, and recommendations made available by the SBA Staff, the Authority will determine the number of projects to be considered in each funding cycle and award meritorious projects to the extent funds are available. 201.1. Multi-Year Funding 201.11. Pursuant to the provisions listed in West Virginia Code §18-9D15(n), at the discretion of the Authority with the advice of the SBA Staff, Needs projects may be awarded using funds from multiple funding cycles. 201.2. Needs Reserve Grants 201.21. Pursuant to the provisions listed in West Virginia Code §18-9D15(n)(3), at the discretion of the Authority with the advice of the SBA Staff, the Authority may choose to award up to $500,000 in Needs Reserve Grant funds. 201.211. Needs Reserve Grants may be awarded by the Authority to allow a LEA to complete the financial planning process for the proposed project(s) prior to funding the full request. Needs Reserve Grant Funds reflect the Authority’s full approval of the project scope and unless otherwise specified by the Authority or SBA Staff, do not require the LEA to return the following year to apply, interview, and compete for School Construction “Needs” funds. 60 202. Major Improvement Project (MIP) Grant Funds (Formerly Appendix B) School Building Authority of West Virginia SCHOOL MAJOR IMPROVEMENT PLAN APPENDIX B The West Virginia Legislature amended 18-9D of the West Virginia Code in 1994 creating guidelines pertaining to quality educational facilities and creating a School Major Improvement Fund to be administered by the School Building Authority of West Virginia. 202.01. The purpose of the Major Improvement program (MIP) Project Grant Funds is to provide needs based grants shall be allocated and expended on the basis of need and efficient use of resources to county boards of education, the State Board of Education for certain statewide educational facilities, and/or administrative councils of area vocational centers for facility renovations, maintenance and construction projects. In so doing, both short and long-term effects of building repairs and maintenance will be considered. 202.02. Grant award amounts must be with a cost greater than fifty thousand dollars but may not exceed $1,000,000 dollars or based on West Virginia code limitations. 202.03 Projects selected for funding by the SBA must be included in an approved Major Improvement Plan (MIP) and must meet the following goals: 1. Student health and safety, including, but not limited to, critical health and safety needs; and 2. Economies of scale, including scheduled preventive maintenance: Provided that each county board’s school maintenance plan shall address scheduled maintenance for all facilities within the county as a part of the LEA’s current CEFP. 202.031. The Major Improvement Plan shall include a prioritized list of all the major improvement projects within the county. Such prioritized list shall be one of the criteria to be considered by the authority in determining how available funds shall be expended. In prioritizing the projects, the agency submitting a plan shall make determinations in accordance with objective criteria provided in their MIP. The MIP shall include a repair and replacement schedule for all school facilities and the manner and timeline for all activities within the plan. 202.032. All MIP facility needs must be identified in the county’s current Comprehensive Educational Facilities Plan. Expenditures for all facility improvements other than normal routine maintenance shall be documented and included in the annual ongoing update provided to the SBA. Routine maintenance remains the responsibility of local educational agencies and these costs will be reported through the annual financial reporting process provided to the State Department of Education. 61 School Building Authority of West Virginia MAJOR IMPROVEMENT PLAN (MIP) APPENDIX B General Each county board of education, State Board of Education, when applicable, or administrative council of an area vocational center shall develop a ten year school Major Improvement Plan (MIP) as a section of their CEFP before seeking funds from the School Building Authority (SBA) for major improvement projects. An approved school Major Improvement Plan (MIP) is required prior to the distribution of state funds for a project pursuant to the requirements of West Virginia Code Chapter 18-9D-15. Initially, the MIP shall be submitted to the school Building Authority for approval by April 1, 1995 to qualify for MIP funding available in 1995 and shall be amended annually to summarize activities and to identify progress being made on school improvements. The MIP shall be part and parcel of the county Comprehensive Educational Facilities Plan (Section E of the CEFP) and together 202.033. The Major Improvement Plan within the CEFP shall address the renovation, repair and safety upgrading of existing facilities, and equipment, building systems, utilities, and other similar items in connection with renovations, repair and upgrading of facilities. 202.04. Major Improvement Projects may not include such items as books, computers, equipment used for instructional purposes, fuel, supplies, routine utility service fees, routine maintenance costs, ordinary course of business improvements and other items which are customarily deemed to result in current or ordinary course of business operating expenses. Major Improvement funding shall be provided by the Authority on the basis of need and efficient use of state funds for construction and renovation projects. In so doing, both short and long term effects of building repairs and maintenance will be considered. All projects submitted to the Authority for funding consideration must be compatible with the county CEFP goals and objectives as well as the overall goals of the Authority. 202.05. Funding will not be distributed to any county board that does not have an approved school Major Improvement Plan and is not prepared to commence expenditures of such funds during the fiscal year in which the moneys are distributed: g. Grant funds allocated to a county board and not distributed to that county board shall be available to the county board for a period of two years. Without an approved grant extension request, any funds which are unexpended after a two-year period shall be redistributed by the SBA on the basis of need from the school major improvement fund in that fiscal year in the next funding cycle. 62 I. KEY ELEMENTS OF THE PLAN The following key elements of the major improvement plan must be included: A. B. C. D. E. F. G. H. Goals and Objectives of the Major Improvement Plan Historical Data Regarding Previous Building Improvement Activities Maintenance Plan Financing Plan Objective Evaluation of the Effectiveness of the Plan Summary of Project Submitted for Competitive Funding Annual Update Public Input Assurances 202.06. Major Improvement Plans within the CEFP must address the following key elements: 202.061. Sets Goals and Objectives based on the following criteria: a. Improves Health and Safety to meet all codes and quality standards b. Improves the facility(s)’ ability to deliver the instruction program c. Increases the life expectancy of building components by establishing or improving a plan for reactive and preventative maintenance d. Assures the prudent and resourceful expenditure of local and state funds e. Establishes staff training programs for effective maintenance and custodial methods A. Goals and Objectives of the Major Improvement Plan Each county board of education or other administrative unit qualifying for major improvement funds shall formulate goals and objectives to be accomplished by the MIP. The goals and objectives shall reflect an objective means to resolve deficiencies in educational facilities identified within the plan. The following aspects must be addressed within the plan: 1. Improving Health and Safety a. Improving facilities to meet all applicable codes and federal and State Mandates (examples – EPA, Asbestos, ADA, Fire Marshal, Board of Risk, Health Department – Radon, Lead, Underground Tanks, and other applicable codes) b. Improving Indoor Air Quality (i.e., ASHRAE) 1. Temperature 2. Humidity 63 3. Filtration 4. Ventilation 5. VOC (Volatile Organic Compounds) 2. Improving the Facilities Ability to Deliver the Instruction Program 3. Increasing the Life Expectancy of Building Components by: a. Establishing or improving a Routine Maintenance Schedule b. Establishing or improving a Preventive Maintenance Schedule 4. Assuring the Prudent and Resourceful Expenditure of Local and State Funds by: a. Establishing Short and Long Range Cost Effective Maintenance Planning b. Effectively and Efficiently Managing Energy Sources c. Performing Life Cycle Cost Analysis When Purchasing Building Components d. Establishing Cost Effective Purchasing Practices e. Establishing Staff Training Programs for Effective and Current Maintenance and Custodial Methods 202.062. B. Reviews Historical Data Regarding Previous Building Improvement Activities a. 1. A survey of the previous five year building improvement activities must be performed to provide a historical baseline of expenditures and improvements. Previous maintenance budgets and records of building improvements can be used to identify where funding has been concentrated, where the greatest needs may exist and the scope of future countywide improvements. 2. A five year history of maintenance expenditures must be performed to qualify for funding. County boards of education must have budgeted in the current fiscal year, an amount equal to the average of the lowest three years expenditures out of the past five years. This information must be included with the annual CEFP update. b. 3. County maintenance expenditures should be comparable to the average regional and national square footage costs and reflects sufficient funding to adequately support the number of facilities being maintained. When insufficient funding is discovered, a plan of action should be implemented to address the shortfall. Areas of consideration should be: a. An increase in local building improvement funding b. More efficient use of funds c. Increased performance of the in-house staff (i.e., staff development) d. Additional staff or assistance through contracted maintenance e. A reduction in the number of buildings to be maintained 64 f. Life cycle cost analysis is recommended to help identify the most cost-effective means to improve maintenance activities C. The Maintenance Plan 202.063. Included Include a as a component of the Major Improvement Plan shall be a facility maintenance plan. The Maintenance Plan shall further the goals and objectives of the overall Major Improvement Plan and address that addresses specific needs of each facility by identifying building maintenance and improvement strategies that will improve the health and safety of the facility and extend the building’s useful life. Major components of the Maintenance Plan are: Facility Evaluations Building Components Priorities List of Deficiencies Preventive and Routine Maintenance Plan b. Methods for Performing Maintenance c. Maintenance Plan Cost Summary d. Timeline for Implementing the Plan 1. Facility Evaluation (SBA Form 134) Determining the present condition of building components as well as the overall condition of each facility is a vital part of school improvement. An evaluation of the building envelope and major components must occur and a detailed assessment performed in order to determine prioritized needs. Local and state funding should be directed toward improving those areas of the facility that address the goals and objectives of the CEFP, Major Improvement Plan and those of the Authority. 2. Building Component Inventory (SBA Form 135) The success of the MIP will be contingent upon accurate information compiled on building components and an effective plan to maintain these components in a well-organized cost effective manner. An inventory of types and quantities of equipment and materials including descriptive data must be recorded and placed in a maintenance inventory plan for reference. The identified building component within the inventory can then be maintained based on a prioritized schedule for optimum use. a. 3. A List of Deficiencies and Priorities Deficiencies (SBA Form 136) The maintenance plan which shall include a list of site specific building deficiencies prioritized by need as reflected in the goals and objectives of the major improvement plan. Such priority list shall be one of the criteria to be considered by the Authority in determining how available funds shall be expended. Prioritized maintenance projects may qualify for MIP funding. b. 4. Preventive and Routine Maintenance Plans The ultimate goal of any maintenance program is to maintain building components in a 65 manner that reduces emergency repairs and extends their useful life. The maintenance plan should begin with a program to perform maintenance on building components that may fail if not properly maintained and in so doing may adversely affect the health and safety of the building occupants and the operational budget of the county. The preventative and routine maintenance program that is to be established must include long and short range objectives, identify the specific programs for each building and a detailed list of scheduled maintenance to be performed. The maintenance plan shall be developed in cooperation with the State Department of Education Office of School Facilities. c. 5. Methods for Performing Maintenance Various approaches will be taken to performing building maintenance. In-house and contracted maintenance staff or a combination of the two are currently being used. The program should that identify the most cost-effective manner of performing the vital maintenance program. Special emphasis must be given to staff development for in-house maintenance staff and the development of experience and qualification requirements for contracted maintenance services. A copy of the staff development program and staff experience for persons performing maintenance duties shall be made available for SBA review upon request. d. 6. Maintenance Plan Budget Cost Summary that includes the annual and long range cost of implementing the maintenance plan as well as the anticipated expenditures should the program not be implemented must be included in the plan. Identified cost should include but may not be limited to the following: a. Maintenance Plan Program Development b. Staff Development c. Preventive Maintenance Initiative d. Routine Maintenance e. Equipment Replacement Cost f. Materials and Equipment Associated with the Program g. Avoided Expenditures (should the program be implemented) 7. Timeline for Implementing the Plan The full implementation of the maintenance plan will occur over the ten year period covered by the initial plan. However, milestone dates must be established that coincide with the prioritized list of maintenance to be performed. Specific objectives must be indicated in the plan and progress toward the completion of projects reported in the annual update submitted to the SBA. Also, included in the timeline for the replacement of facilities should be directly related to the costs required for its maintenance and its ability to facilitate the delivery of the desired educational program. D. 66 Major Improvement Finance Plan 202.064. Include a plan for financing for the Major Improvement Plan may come from a number of sources, the major contributor being local funds. The intent of the School Building Authority’s Major Improvement Program is to provide state funds on an annual basis to assist the counties in doing major improvements for projects exceeding $50,000 and less than $1,000,000. These funds shall not supplant local funding for school improvements and will be distributed on a school construction fund “needs” basis. However, county boards of education must comply with the provisions of 18-9D as well as the SBA guidelines described herein to qualify for funding. Projects that do not comply with the funding criteria established by the SBA must be addressed using other funding sources. Consideration should be given to the local maintenance budget, local bond proceeds or federal and state grants (Energy, Asbestos, ADA, and Special Education Grants, etc.). Consideration should also be given to approved lease purchase programs, performance based contracting or reinvestment of saving derived from capital improvement projects funded from local or state dollars. The Major Improvement Plan must identify the funding source for each project identified in the ten-year plan regardless of the immediate availability of the proposed funding. Additionally, the following criteria should be considered when preparing the financial strategy to implement the plan: 1. Major Improvement Funds shall be used in conjunction with local funds to effectively and efficiently meet the needs of educational facilities. Major Improvement Plan funds will not be used to supplant local maintenance funds. a. 2. Major Improvement Plan funding should not be used for projects in schools/facilities targeted to close within the Comprehensive Educational Facilities Plan. b. 3. Student occupied facilities shall be given first priority for improvements. 4. Funding for schools that do not meet Economies of Scale will be based on: a. A waiver being granted for a school project when the specific school is determined to be geographically isolated from other school populations and eliminates the potential for attaining enrollment economies. b. A waiver being granted when a school is the only facility in the county that provides service to students in the particular grade levels included in the school. For example – Is this the only middle/high school or elementary school in the county? 5. Projects within the Maintenance Plan that are eligible for Major Improvement Plan funding will be awarded on their ability to further the 67 overall goals of the Agency’s CEFP, Major Improvement Plan and the overall goals of the SBA. 6. Funding will not be distributed to any agency that does not have an approved school major improvement plan or to any agency that is not prepared to commence expenditures of such funds during the fiscal year in which the monies are distributed. Funding shall be deposited in an SBA account to the credit of that agency, such funds will remain to the credit of and available to the agency for a period of two years. Any monies which are unexpended after a two-year period shall be redistributed by the SBA on the basis of need from the school major improvement fund in that fiscal year. c. 7. Agencies may use monies provided by the authority in conjunction with local funds derived from bonding, special levy or other sources. Distribution to a county board or to the state board or the administrative council of an area vocational educational center will be in accordance with a payment method approved by the Authority. E. Objective Evaluation of the Effectiveness of the Plan Evaluating the success or failure of building improvement strategies must be quantified and adjustments made when the effects of a particular project or series of projects is known. Each project submitted to the SBA for funding consideration must be accompanied by a specific objective to be accomplished and thereby creating a means to evaluate how the project succeeded or failed to further the goals and objectives of the project and the overall plan. The evaluation shall be submitted upon request to the SBA at intervals appropriate to measure the short and long range effects of a project or improvement plan. 202.07. F. Major Improvement Project (MIP) Submission, Requirements Review, and Selection Procedures (SBA Form 165 – Executive Summary) 202.071. Projects shall be developed and submitted according to the established criteria in WV Code §18-9D-16 using the MIP Executive Summary Submission Form. All data provided must reflect an accurate representation of the proposed project. Supportive data for projects submitted for funding consideration by the SBA shall meet is required to show how the project meets the requirements of the LEA’s Major Improvement Plan indicated herein and sufficient data must be included to address how the current facilities do not meet and how the proposed project does meet the following goals as established in §18-9D-16(a)(3)(D). 1. Student health and safety; 2. Curriculum improvement and diversification, including computerization and technology and advanced senior courses in science, mathematics, language arts and social studies; 68 3. Adequate space for projected student enrollments; 4. Economies of scale, including compatibility with similar schools that have achieved the most economical organization, facility utilization and pupilteacher ratios; 5. Reasonable travel time and practical means of addressing other demographic considerations (see State Board of Education Policy regarding travel time limitations); 6. Multi-county and regional planning to achieve the most effective and efficient instructional delivery system – If a project is to benefit more than one county in the region, the submission data shall state the manner in which the cost and funding of the project shall be apportioned among the counties; 7. Innovations in education; 8. To what extent does the project demonstrate an effective and efficient use of funding; 9. To what extent does the project impact the agency’s preventive maintenance plan; and 10. To what extent does the project further the overall goals and objectives of the SBA and the MIP. G. Annual Update (SBA Form 145 A & B) The Major Improvement Plan shall be updated annually to reflect projects completed and new or continued needs remaining to be addressed. Also, building improvement activities in the previous year shall be documented and a detailed summary of the accomplishments provided to SBA for review. This information shall be provided to the SBA with the CEFP Annual Update on or before December 1, 1996, and continue each subsequent year. The SBA may require that a county, the state board or the administration council of an area vocational center modify, update, supplement or otherwise submit changes or additions to an approved Major Improvement Plan pursuant to the requirements of 18-9D-16(J). H. Public Input Assurances Pursuant to Section 18-9D-16c of the West Virginia Code, the Major Improvement Plan shall include assurances of broad based public input in the planning process. The submission of each plan shall be accompanied by a synopsis of all comments received and a formal comment by the county board, the State Board or the administrative council of an area vocational educational center submitting the plan. A committee made up of the administrative staff having expertise in school construction and maintenance, and other staff members as determined by the superintendent as well as lay persons from the community shall cooperatively develop the plan. Once developed, the proposed plan shall then be made available for public comment for a period of 30 days prior to public hearing and submission to agency’s board for approval. The approved plan shall then be submitted to the SBA for final review and approval. 69 I. Amending the Plan The Major Improvement Plan may require amendments in response to changing facility conditions. SBA Form 106 must be used to amend the scope of a project. Budget Amendments relating to the plan or a specific project within the plan must also be requested using SBA Form 106. Refer to Section 1.6 of the SBA Policy and Procedures Handbook for additional amendment requirements. J. Project Selection Process 202.072. MIP Grant requests shall be submitted as a part of the annual CEFP and MIP update in accordance with 2.4 F of the SBA Policy and Procedure Handbook. All submitted MIP Projects will be reviewed and evaluated by the SBA staff using the Project Evaluation Instrument (SBA Form 134) evaluation criteria as outlined in §18-9D-16(a)(3)(D). Meritorious projects will be selected on the basis of their compliance with the following review criteria: 1. Health and safety 2. Curriculum and improvements 3. Adequate space for project enrollment 4. Economies of scale 5. Travel time and demographics 6. Multi-county and regional cooperation 7. Educational innovations 8. Effective and efficient use of funds 9. Preventive maintenance 10. Furtherance of local and SBA goals and objectives Projects shall be submitted annually for SBA consideration. The authority will provide submission dates annually to eligible agencies requesting SBA consideration for MIP funding. Projects not received by the deadline established will not be considered. Each project submitted will be evaluated by the SBA staff and On-site visits will be performed as necessary to familiarize the staff with all aspects of the project and to verify the submitted data. Interviews by the SBA Staff will be held with the superintendents or project representatives for statewide or area vocational projects when additional information regarding the specifics of the proposal is needed. After the staff review process is complete, the project data will be provided to the School Building Authority for final consideration. The staff review will include a recommended priorities list of statewide projects for SBA consideration. 202.073. Using all data, information, and recommendations made available by the SBA Staff, the Authority will determine the number of 70 projects to be considered in each funding cycle and award meritorious projects to the extent funds are available. 71 203. Three Percent Grant Funds 203.01. Three percent (3%) of the total funds available to the Authority for distribution form the School Construction Fund during any cycle may be utilized to award Three Percent Grants. Three Percent Grants shall be allocated and expended on the basis of need and efficient use of resources. 203.02. Facilities eligible for three percent funding include: 203.021. Facilities that serve the statewide educational community. 203.022. Facilities that house educational programs under the jurisdiction of the West Virginia Board of Education. 203.023. Multi-County vocational-technical centers. 203.03. Projects shall be developed and submitted according to the established criteria in WV Code §189D-16 using the Three Percent Project Executive Summary Submission Form. All data provided must reflect an accurate representation of the proposed project. 203.04. All submitted MIP Projects will be reviewed and evaluated by the SBA staff using the evaluation criteria as outlined in §18-9D-16(a)(3)(D). On-site visits will be performed as necessary to familiarize the staff with all aspects of the project and to verify the submitted data. Interviews by the SBA Staff will be held with project representatives for statewide or area vocational projects when additional information regarding the specifics of the proposal is needed. After the staff review process is complete, the project data will be provided to the Authority for final consideration. The staff review will include a recommended priorities list of statewide projects for SBA consideration. 203.041. The SBA Staff will consult with the WV Department of Education’s Career & Technical Education’s Staff prior to making recommendations to the Authority. 203.05. Using all data, information, and recommendations made available by the SBA Staff, the Authority will determine the number of projects to be considered in each funding cycle and award meritorious projects to the extent funds are available. 72 204. Emergency Funds (Formerly Appendix D) School Building Authority of West Virginia EMERGENCY FUND APPENDIX D To receive Emergency Funds from the SBA, the Local Education Agency (LEA) must meet the following eligibility criteria and must follow the application process as follows: I. 204.01. Eligibility Criteria A. 204.011. The emergency situation must have been generated by an Act of God, i.e., fire, wind, flood, storm, earthquake, etc. B. 204.012. Federal, state and local funds for emergency repair/replacement must have been identified and exhausted. C. 204.013. All insurance claims must have been filed and amount of settlements determined. Insurance should be at the cost of replacement level or at the highest level available. II. 204.02. Application Process A. 204.021. Immediate Notification 1. If it is anticipated that SBA funds will be requested, immediate notification and involvement of the SBA staff is required. 2. Within 10 days of the emergency, the county must submit to the SBA a detailed report to describe: a. the extent of the damages, b. the effect of the damages on the educational program, and c. the temporary measures taken to provide services to students. B. 204.021. Formal Application Process 1. The county must submit to the SBA documentation to verify the eligibility of the project based on the eligibility criteria above. 2. A facility plan designed to repair or replace the damaged properties must be submitted to the SBA. The facility plan must include data regarding: a. enrollments, present and 8th year projection, b. economies to be implemented by the project, c a. effect of the project on the educational plan, and d b. detailed description of work to be completed. 3. A Finance Plan for the project must be submitted to the SBA. The plan is to include: a. Amount and description of local funds committed to the project, b. Amount and description of federal funds available for the project, c. Amount of any insurance settlement from the damages, d. Amount of funds available from all other sources, and e. Amount requested from the SBA. Support data must be provided to verify estimates of costs. 4. All data must be submitted at least one month two weeks prior to the quarterly SBA meeting at which the request will be made. This will provide time for staff review and visitation. 5. Any grant from the SBA Emergency Fund is subject to the approval of the Authority and shall not exceed two million dollars ($2,000,000). The county superintendent must appear before the SBA with a formal proposal presentation regarding the request for funds. Presentation is to be limited to ten minutes. 73 6. Emergency Fund Grants are subject to the usual guidelines and regulations of the SBA regarding the expenditure of funds, including the economies of scale. Any project proposed for funding from the SBA Emergency Fund must be included in the county and regional CEFP. 74 205. Distressed County Emergency Funds 205.01. Pursuant to the provisions as listed in West Virginia Code §18-9D-4d, at the discretion of the Authority with the advice of the SBA Staff, the Authority may choose to award Distressed County Emergency Funds. 205.02. To be eligible to receive SBA funds from the Distressed County Emergency Fund, a county must be considered “financially distressed” meaning a county is either in deficit or on the most recently established watch list by the WVDE Office of School Finance of those counties at-risk of becoming in deficit. 205.02. A financially distressed county board of education is eligible for reimbursement by the SBA for expenditures in order to keep the school(s) or major core spaces within a school open and operational. 205.03. Application Process 205.031. The Superintendents of eligible counties must notify the SBA Staff immediately of the emergency facility needs. SBA Staff representatives shall visit the affected school(s) in a timely manner to verify the level of need. 205.032. Before expending local funds, all other federal, state, or other potential funding sources for emergencies must be exhausted. 205.033. Eligible county boards of education must submit a letter of request for a grant allocation from the Fund. Each letter shall include the following: a. Name of the School(s) affected b. Description of the proposed solution c. Estimate of probable cost or invoice for work/services performed d. Description of the necessity for a grant from the Distressed County Fund 205.034. The SBA Staff may inspect all maintenance or inspection records related to the county board of education’s request. 205.035. Using the guidance of the WVDE’s Office of School Finance, the Authority may require additional information regarding the county board of education’s annual budget. 205.036. The Authority will consider requests brought by the SBA Staff on behalf of the county boards of education in a special emergency meeting or a regular quarterly meeting. 75 206. School Access Safety Plan Funds (Formerly Appendix K) SCHOOL ACCESS SAFETY PLAN General When funding for School Access Safety Improvements for schools in West Virginia is made available from an earmarked allocation from the West Virginia Legislature, the following criteria applies: 206.01. The Governor has introduced legislation that will create a School Access Safety Fund that will be managed by the School Building Authority of West Virginia. This new legislation will provide funding for School Access Safety Improvements for schools in West Virginia. To qualify for School Access Safety Funding, each county board of education shall develop a School Access Safety Plan. The plan must be incorporated into the county CEFP. An approved School Access Safety Plan is required prior to the distribution of state funds for a project pursuant to the requirement of West Virginia Code Chapter § 18-9F. The School Access Safety Plan shall be prepared in consultation with the Countywide Council on Productive and Safe Schools. Once completed, the School Access Safety Plan shall be submitted to the School Building Authority for review and approval in order to qualify for School Access Safety funding. The plan shall be amended annually to summarize activities and to identify progress being made on projects in the plan. The School Access Safety Plan shall become part of the county comprehensive educational facilities plan and together address the safety upgrading of existing facilities and equipment, building systems, utilities and other similar items in connection with improving the overall access safety and security of the facility. Projects must directly address planning, deterrence, detection, delay and communication issues associated with the ingress and egress of pupils, school employees, parents, visitors and emergency personnel at the schools. A School Access Safety Audit will be performed and become an integral part of the plan. The SBA approved audit format must be used. The audit must be performed prior to formulating the School Access Safety Plan to establish a basis for current conditions and formulation of the plan. In so doing, both short and long-term effects of building access safety improvements will be considered. School Access Safety funding shall be provided by the Authority on the basis of net enrollment and the efficient use of state funds for school access safety improvement projects. In order to secure School Access Safety funding, an amount equal to or exceeding 15% of the funding available to the county as a local match will be required. Should a county board feel it cannot fulfill the 15% local match requirement, the county board of education may submit a financial hardship waiver request to the Department of Education for review and consideration. Upon review and approval of the request by the State Board of Education, the Authority shall waive the local match requirement and distribute the funding upon approval of the School Access Safety project by the Authority. Each county board will be notified on or before May 1 of each year as to the availability of School Access Safety funds. With this notification, the amount of funding and timeline for project submission will be provided. A county board of education may use up to twenty percent (20%) of the allotted Safe and Drug Free Schools (Title IV) funds as part of the 15% required local matching funds. Additional Title IV funding may be used to provide training for staff and students as outlined in the Title IV Section of the County Five Year Strategic Plan and approved by the West Virginia Department of Education. All projects submitted to the Authority for funding consideration must be compatible with the county Comprehensive Educational Facilities Plan goals and objectives as well as the overall goals of the Authority and the School Access Safety Plan. 76 Funding will NOT be distributed to any county board that does not have an approved School Access Safety Plan, does not have the 15% matching funds available and is not prepared to commence expenditure of funds during the fiscal year in which the moneys are distributed. If a hardship waiver is approved, the 15% matching funds will not be required. Grant funds allocated to a county board and not distributed shall be available for a period of one year. To encourage county boards to proceed promptly with School Access Safety Planning and the expenditure of School Access Safety funding, the SBA will require that approved grant funds be expended within one year of the allocation. Should extenuating circumstances exist, as determined by the SBA, that would prevent the county board from expending the funding within the one year, the SBA may authorize an extension beyond the one year for a period not to exceed six months. Any funds forfeited shall be added to the total funds available for all counties in the School Access Safety Fund of the Authority for future allocation and distribution. 206.02. I. School Access Safety Plan The School Access Safety Plan shall include the recommendations and guidelines developed by the Countywide Council along with the county board’s assessment of the improvements necessary to improve school access safety. The plan shall address the access safety needs of all school facilities and include a projected school access safety repair and renovation schedule. The plan must be approved by the SBA prior to the distribution of state funds. The plan shall minimally include the key elements referenced in Item I, A-J. Initially, The School Access Safety Plan must be submitted to the SBA for review and approval prior to submitting projects. Key elements of the School Access Safety Plan include: A. Goals and Objectives of the School Access Safety Plan B. School Access Safety Audit C. Countywide Inventory of Each Facility and Associated Reporting D. Identification of a School Safety and Security Committee E. Training/Drills for Staff and Students F. Summary of Projects within the Plan G. Finance Plan H. Annual Update I. Objective Evaluation of the Implementation of the School Access Safety Plan J. New School Design Recommendations The SBA will require the School Access Safety Audit be addressed first, and once completed, the audit will be required to be submitted to the SBA for review and approval prior to proceeding with the remainder of the plan. A preliminary plan and plan outline must then be submitted to the SBA office for review and comment to insure the plan contains all key elements identified in the plan outline. This process is a prerequisite to qualifying for School Access Safety funding. The preliminary plan shall also include the name and contact information for the Countywide Council on Safe and Productive Schools and the contact information for the members of the School Safety and Security Committee. Each preliminary plan must include a uniform emergency management policy that describes the county’s notification procedures to be followed in the event of an emergency at each school. It will also include an example of signage to be prominently displayed at each school giving the procedures to follow in the event of an emergency as well as contact numbers for emergency assistance. The preliminary plan will be reviewed by the SBA and comments will be provided that will direct the county to continue on the basis of the approval of the preliminary plan or to address additional SBA comments and resubmit the preliminary plan for a second review. 77 The School Building Authority staff will evaluate the final School Access Safety Plan and recommend approval to the members of the Authority. Once the plans are approved, the county board will submit the list of projects anticipated each funding cycle to the Authority for funding consideration. The Authority will consider whether the proposed projects are in furtherance of the School Access Safety Plan and in compliance with the guidelines established by the Authority. Consideration will also be given by the Authority as to whether the project will assure the prudent and resourceful expenditure of state funds, whether the project advances student health and safety, if the project addresses regularly scheduled preventive maintenance or updates of existing access safety equipment or building components. Each county board receiving funds pursuant to this article shall conduct an annual on-site inspection and submit an audit review to the State Board of Education. The inspection shall be conducted in accordance with the provisions of the Department of Education’s Handbook on Planning School Facilities. 206.03. II. Detailed Requirements for Each Section of the School Access Safety Plan 206.031. A. Goals and Objectives of the School Access Safety Plan Each county board of education qualifying for School Access Safety funding shall formulate goals and objectives to be accomplished by the School Access Safety plan. The goals and objectives shall reflect an objective means to resolve deficiencies cited within the School Access Safety Audit. While it may be impossible to prevent intruders in schools, it is incumbent upon school administrators to implement policies and procedures that will deter, detect, and delay unauthorized persons attempting to enter school property. Should an intruder gain access, an effective means of communicating to students, staff, the West Virginia State Police, local law enforcement officials and the community must be developed. Based on these basic assumptions, the following must be addressed within the plan: 1. Site Security a. Limiting, where possible, access to school sites b. Elimination of visual barriers blocking views to entrance driveways and pedestrian walkways c. Signage d. Structural barriers to control vehicle access to student gathering areas and building entrances e. Preparation of diagrammatic school plans that illustrate site utility locations, play areas, parking, bus loading areas, building locations with entrances labeled f. Sharing informational strategies with law enforcement g. Implementing, where possible, a closed campus program to help protect students and staff at the school 2. Building Security a. Controlling access from pre-assigned entrances to the remainder of the school b. Establishing a controlled point of entrance at pre-assigned doors c. Establishing visitor monitoring and identification process d. Provide security for primary and secondary entrances e. Monitoring entrances and controlling visitor entrances f. Identification of all door entrances (numbering inside & outside) g. Upgrading doors and hardware h. Installation of alarm systems i. Installation of two-way communication capability j. Providing diagrammatic layouts of the building that indicate all rooms with room numbers, interior and exterior doors with door numbers and the direction of the door swing, main utility shut-offs and other pertinent information that would be provided to emergency management personnel should they be needed at the school. Additionally, the building common areas should be color coded to allow quick identification and all school safety signage should match the color code of the common area. 78 3. Communication a. Establish two-way communication between administrative areas and classrooms b. Establish notification procedures between school and local law enforcement c. Establish protocol for shelter in place and building lockdown should an intruder enter the building d. Consent from the Countywide Council and advise council on productive and safe schools e. Establish an evacuation plan for each facility and communicate the plan to school staff and parents. 206.032. B. School Access Safety Audit Each county will be responsible for conducting an audit to review the current state of access safety in all schools prior to preparing the School Access Safety Plan. The School Access Safety Audit shall be performed using the SBA approved audit format. The audit will help identify school access safety deficiencies and help the school access safety committee begin to formulate the basis of the School Access Safety Plan. Based on this information and the goals and objectives of the plan, a list of priority projects that will improve and control access to schools can be formulated. This audit, at a minimum will: a. Establish procedures for identifying problems and recommending solutions for school access safety deficiencies b. Evaluate current deterrents that discourage, hinder or impede intruders from entering school buildings and grounds c. Inventory existing detection and control devices and alarm systems d. Evaluate current physical barriers that slow and impede unauthorized acts once detected e. Identify improvements necessary to existing communication equipment f. Establish a chain of command at the school and county level for effective communications with the local school, county and emergency management and law enforcement agencies. 206.033. C. Countywide Inventory of Each Facility and Associated Reporting 1. Each county board shall provide an estimate of probable cost to correct identified deficiencies using the School Access Safety Repair and Renovation Schedule. The individual school costs shall be amended into the current CEFP Finance Plan and recorded as a separate total dollar amount for each school. These deficiencies and costs will be reviewed annually and updated as a part of the local board annual update report provided to the SBA and the State Department of Education. The audit must also be included in the plan and performed in cooperation with local law enforcement and emergency services. Copies of the audit including building name, address and number of students and staff must be provided. A building diagram must be provided to the West Virginia State Police, local law enforcement, the Department of Military Affairs and Public Safety, Division of Homeland Security and Emergency Management, West Virginia Department of Education, Office of School Facilities and the State Fire Marshal’s Office in an electronic format. Include a chain of command list of individuals at the school and county level along with phone numbers. The diagrams must include the current room layouts, location of windows, doors (with swing direction) and all utility entrances and shutoffs. All new school (and existing schools, if available) as-built drawings must be secured in a central location identified in the School Access Safety Plan and must be available to emergency responders upon request. The Department of Education will verify the location and condition of the as-built drawings for all new schools during their annual maintenance and custodial reviews and report their findings to the SBA office. 2. A countywide inventory of each school facility’s interior and exterior classroom and administrative doors shall be performed. The inventory shall include: a. The number of controlled points of ingress to the school. b. The number and placement of exterior doors and windows. 79 c. The inventory and condition of all monitoring systems on exterior doors. d. The location and condition of automated locking devices. e. The availability of two-way communication between points of ingress to the school. f. The availability of alarm hardware and/or remote visitor accesssystems on points of ingress. 3. The following reports must be included within the plan: a. A copy of the current statute of school crime committed on school grounds. b. A projected school access safety repair and renovation schedule for all schools. c. A prioritization process for all projects in the plan. d. An itemized cost summary for recommended improvements. e. A regularly scheduled preventive maintenance plan for safety and security equipment. 206.034. D. Identification of a School Safety and Security Committee Each school shall have a School Safety Committee that will meet at least annually to review matters of school safety and make recommendations for the improvements of school access safety at the school and community level. The committee shall be made up of members of the school administration, teaching staff, school counseling staff, if available, student representation (at the secondary level, only), a Local School Improvement Council representative, a parent representative, the West Virginia State Police, local law enforcement, local emergency services and the community at large. The local School Safety Committee will prepare a baseline audit and provide an annual report based on their inspection of the facility to the superintendent regarding school safety and security on or before October 1 of each school year. The report will include a summary of the school access safety projects completed or in progress and the committee’s assessment of the project’s effectiveness. The committee will review the school safety needs as they relate to the existing School Access Safety Plan and make recommendations for amendments to the plan. The superintendent and staff will review the committee recommendations and recommend amendments to the plan, if required. The annual update to the plan provided to the SBA and the State Board of Education will reflect proposed new projects, completed projects and/or amended projects in the plan. 206.035. E. Training/Drills for Staff and Students The School Access Safety Plan for each school and the School Safety Committee recommendations shall be reviewed during the local school improvement council meetings at least annually or as items for discussion occurs. Schools are encouraged to cooperate with other schools to provide staff training regarding school access safety. All teachers and administrators should be aware of the county policies regarding school safety. Students should be provided with age appropriate training regarding the procedure they should follow in the event of an emergency. Additionally, the student code of conduct established by the county should be reviewed by the school staff and the school safety committee. Student and parental responsibilities regarding the prevention of harassment, intimidation and bullying in schools should be reviewed and updated annually. To assist with this process, county boards must comply with State Board of Education Policy 4373. The Anti-Bullying Audit (SBA 174) must be completed and included in the School Access Safety Plan. Local boards should solicit the West Virginia State Police, local law enforcement and emergency service trainers to advise teacher and students regarding their participation in the overall improvement of school access safety. Scheduled lockdown drills and communication capabilities in cooperation with local law enforcement are also encouraged to prepare students and staff for unauthorized intrusion on school property, should measures fail. Existing school safety training may be used to fulfill these requirements; however, school access training derived from input of the School Access Safety Audit must be incorporated into the training. 206.036. F. Summary of Projects within the Plan The School Access Safety Audit will identify deficiencies at each facility with regards to school access safety. Projects proposed in the plan will be identified for each facility and the estimate of probable cost 80 will be provided. Initially, the project costs will be listed on a separate document and placed in the School Access Safety Plan section incorporated into the countywide comprehensive educational facilities plan (CEFP). Approved expenditures include the cost of equipment, machinery, installation of utilities, necessary renovation and attention to existing facilities, design fees and associated costs for building improvement packages directly related to the project. Alterations to ingress and egress must meet all building codes including West Virginia Fire Code and Life Safety Code 101 and must be approved by the State Fire Marshal. Professional architectural and engineering services may also be required when substantial building alterations are planned to improve the school access safety. All projects identified in the plan will be prioritized using the prioritization process within the existing county CEFP. The SBA School Access Safety Repair and Renovation Schedule will be used to identify projects at each school. The project cost summary sheet must also identify all funding sources proposed for each project. At the conclusion of the 2000-2010 planning cycle, the School Access Safety Plan projects will be incorporated into the 2010-2020 CEFP and will then be included along with other improvement projects in the plan on the School Improvement Cost Summary sheets. School Access Safety projects will be identified on the Cost Summary Sheet. Each project within the plan must further the overall goals of the School Access Safety Plan and the goals and objectives of the School Building Authority. 206.037. G. Finance Plan Initially, the finance plan for the School Access Safety Plan will be included in a separate chapter of the countywide CEFP. This information will be incorporated into the finance plan for the new ten-year CEFP beginning with the 2010-2020 planning cycle and thereafter. The SBA School Access Safety Repair and Renovation Schedule will be used to identify projects, priorities, completion dates, costs and funding sources in the finance plan. A cost summary of each implemented project along with the identified funding source(s) must be provided, including the required local matching funds. The summary of the School Access Safety Plan cost should total the individual project cost totals including all soft costs, where applicable. 206.038. H. Annual Update Each county board shall provide the SBA an annual update of the progress on the plan. The update shall be incorporated into the county’s CEFP Annual Update and shall include a list of completed School Access Safety Plan projects and a list of proposed projects. School Access Safety diagrams must also be updated annually if there are structural changes made in the school. This will require annual reviews by the county facility personnel to insure accurate building information is always available to emergency responders. Should there be new projects and the plan requires amendments, the SBA/SDE amendment procedures must be followed. Additionally, the annual update should include amendment information that relates to the new projects. The SBA School Access Repair and Renovation Schedule must be used to record the projects initially and updated annually as required. 206.039. I. Objective Evaluation of the Implementation of the School Access Safety Plan The School Access Safety Plan shall include an objective means to be utilized in evaluating the implementation and effectiveness of the plan and each project included in the plan. The evaluation shall measure how: 1. Each project furthers the goals and objectives established for the plan, 2. Completed projects within the plan contribute to improving school access safety, and 3. The School Access Safety training and drills help prepare students and staff for emergency response to intruders in the school. 206.0310. J. New School Design Recommendations Where SBA funding is provided for the design and construction, all new schools shall be designed and constructed using Crime Prevention Through Environmental Design (CPTED) concepts that also address 81 School Access Safety. Additionally, when major additions and renovations occur at existing schools these same design concepts must be incorporated into the project scope of work. The School Access Safety design issues identified in the School Access Safety Audit must also be incorporated into new school designs. Local law enforcement and emergency services officials should be consulted during the planning phase of the new school design to provide input regarding emergency services. All school designs must be submitted to the SBA for review and comment as provided for in the SBA Guidelines and Procedures Manual. 206.0311. K. School Design Updates The State Office of Homeland Security maintains digital mapping and vulnerability and risk assessments for all schools. As a result, all West Virginia schools are being evaluated and mapped in accordance with provision of the Division of Military Affairs and Public Safety (DMAPS) and the State Office of Homeland Security. Funding has been provided for the initial survey and mapping. However, this program will only be effective if the building design characteristics are kept current. Therefore, it will be the county board of education’s responsibility to update the building designs when they are altered from the design in place when the initial survey occurred. As a part of the CEFP annual update, counties are required to provide assurances that building design alterations that materially affect the building area, layout or change the initial data collected by the digital mapping is changed. This information shall be forwarded to the State Office of Homeland Security upon completion of the project and provided annually for all other school remodeling. 206.04. III. SBA Review of School Access Safety Projects As funding becomes available, the SBA will notify county boards of the submission schedule for projects. The amount of funding for each county will be provided to allow counties to match their project scope of work with the funding available. The SBA will review each project based on the following: 1. How the School Access Safety Project advances student health and safety needs; 2. How the School Access Safety Project will assure prudent and resourceful expenditure of state funds, and 3. How the project furthers the overall goals and objectives of the School Access Safety Plan, the county board’s comprehensive educational facilities plan and the overall goals and objectives of the SBA. 82 207. School Building Authority Requirements for Economies of Scale (Formerly Appendix A) Student Enrollment Requirements to Meet School Building Authority of West Virginia Guidelines for ECONOMIES OF SCALE APPENDIX A 207.01. Student Enrollment Requirements to Meet SBA Guidelines for Economies of Scale (EOS) The following table indicates the enrollment needed for a school to be eligible for SBA funding without the need for an economies of scale waiver. This size is based upon their grade structure. The recommended school sizes to effectively meet economies of scale are as follows: Pre-Kindergarten (Pre-K) & Kindergarten (K) Two classes per grade level – 20 students per class Elementary Schools Grade levels 1-8 Two classes per grade level – 25 students per class Middle Schools Grade levels 6-8 150 125 students per grade level High Schools Grade levels 9-12 200 150 students per grade level 207.011. The following chart below represents typical grade configurations and the minimum enrollment requirements to meet economies of scale. 100% Enrollment 100% Enrollment Grades Required Grades Required ELEMENTARY SCHOOLS K only 40 K-9 590 K-1 90 K-12 1,590 K-2 140 1-3 150 K-3 190 1-4 200 K-4 240 1-5 250 K-5 290 1-6 300 K-6 340 1-7 350 K-7 390 2-5 200 K-8 440 2-6 250 3-5 150 Pre-K – 2 180 Pre-K – 4 280 Pre-K – 5 330 Pre-K – 6 380 Pre-K – 8 480 Pre-K – 12 1,080 MIDDLE/JUNIOR HIGH SCHOOLS 3-6 400 3-8 700 4-5 200 4-6 350 4-9 800 5-6 300 5–8 500 6–8 375 HIGH SCHOOL SCHOOLS 7-12 1,050 8-12 900 9-12 800 83 5-8 5-9 6-8 7-8 7-9 600 750 450 300 450 10-12 11-12 6 – 12 7 – 12 9 – 12 600 400 975 850 600 207.012. (1) Funding consideration will be given to enrollments that meet 85% of these EOS Guidelines. 207.013. (2) Often there are factors such as distance, geographic barriers or financial limitations that will affect the ability of the school system to meet the economies of scale in regard to the enrollment of a school. Therefore, the Authority could waive this requirement in extraordinary circumstances. (3) If a pre-kindergarten program is located at the school, these additional students shall be included in the student enrollment counts and the economies of scale calculation will be adjusted based on the number of Pre-K students and a maximum of 20 students per classroom. 207.014. Vocational and/or career-technical education facilities and spaces are not subject to Economies of Scale evaluation criteria. School Building Authority of West Virginia PROVISION OF WAIVER For Expenditure of Grants on Schools With Enrollment Under The Economies of Scale Guidelines APPENDIX A 207.02. A waiver to the expenditure of SBA Funds may be requested for projects in schools where the enrollment if less than the Economies of Scale Guidelines as designated by the Authority and the State Board of Education. Information concerning the facility and the proposed project must be provided on SBA Form 131 in a formal Economy of Scale Waiver Request by the county board of education and the project must be in agreement with the county’s ten year Comprehensive Educational Facilities Plan. Additionally, the request must be in accordance with one or more of the following: 207.021. A waiver may be granted to address specific fire, safety, or health violations or conditions when the health and/or safety of students who must continue to be housed in the facility are jeopardized. 207.022. A waiver may be granted for a school project when the facility will, in accordance with the ten ten-year Comprehensive Educational Facilities Plan, be receiving additional enrollments from other attendance areas in the near future. 207.023. A waiver may be granted for a school project when the specific school is determined to be geographically isolated from other school populations and eliminates the potential for attaining enrollment economies. 207.024. A waiver may be granted when a school is the only facility in the county that provides service to students in the particular grade levels included in the school. For example – Is this the only middle school/high school or elementary school in the county? 207.025. A waiver for projects other than the correction of health and safety problems should not be granted to a school that is functional or scheduled for closure in the Comprehensive Educational Facilities Plan. 207.026. Waivers will be identified in the SBA Staff’s evaluation and project recommendation to the Authority in each funding cycle. 84 208. SBA Funding Formula Procedures 208.01. The School Building Authority’s Funding Formula is an allowance based on a multi-level mathematical equation. The SBA has established guidelines in Policy and Procedures Handbook which determine the maximum allowable square footage for a typical school. This then establishes the maximum amount of SBA funding the school is eligible for in the development of a typical school. 208.02. The funding formula is calculated by multiplying the Design Enrollment of the School by the Square Feet Per Student Allowance. This establishes the Total Building Square Footage Allowance. This total is multiplied by the SBA Square Foot Cost Allowance. This establishes the Funding Allowance. 208.03. For renovation projects, the Funding Allowance is referred to as the Replacement Cost Allowance. Unless otherwise previously approved by the WV Board of Education and the SBA, Renovation projects are eligible for SBA finding that does not exceed the Replacement Cost Allowance. 208.04. If a county has received funding from the SBA for renovations in the last 10 years, the current established value of the renovations is subtracted from the Replacement Cost Allowance. 208.05. Additional definitions of terms listed above are described below: 208.051. The Design Enrollment for a new school is determined by the County, SBA, and design team by analyzing any one or combination of the following sources: a. Current Enrollment b. Annual Second Month Enrollment Figures c. Eighth Year Projected Enrollment d. Linear Regression Calculation 208.052. The Square Feet Per Student Allowance, when multiplied by the Design Enrollment, sets the maximum gross building square footage allotment. a. There is an allowance breakdown for Elementary Schools, Middle/Junior High Schools, and High Schools b. If the proposed school falls into a combination of categories, the highest square feet per student multiplication factor is to be used in the calculation. 208.053. The Total Building Square Footage Allowance is the maximum allowable square footage, which provides equity for the funding of school construction projects with varying design enrollments. a. The actual building design square footage will be dictated by the number and sizes of each individual space as described in the program, times the building efficiency calculation. b. Waivers may be given if the educational plan desired by the County requires additional space for the implementation of curriculum delivery or specialized course offerings. 1. Educational programming requirements of specialized course offerings could result in an increased amount of square footage eligible for funding. This extra space is in excess of the funding formula and could include CTE spaces, STEM lab(s), a larger auditorium, or an auxiliary gym. 208.054. The SBA Square Foot Cost Allowance is established by the SBA and reviewed annually by the SBA Staff. This factor is based on historical data, projections, and assumptions with respect to construction cost trends. It assumes a competitive bidding market, reasonable site costs, and required conformance to the SBA’s Quality and Performance Standards. 85 209. SBA Grant Contract Procedures 209.01. Upon the award of a grant by the Authority from any project fund, the SBA Staff will issue the Local Education Agency (LEA) a corresponding grant contract, which stipulates that as a requirement of the receipt of SBA funds, the LEA shall follow all applicable SBA policies, procedures, and standards. Upon signature and acceptance, the LEA shall be referred to as the Grantee and the SBA shall be known as the Grantor. 209.02. The SBA Grant Contract mandates that the LEA shall contract with all required parties to facilitate the design and construction of the project per the contract’s project description requirements. 209.03. By signing the agreement, the LEA affirms a clear and free deed is held by the grantee for an approved site on which the project will be constructed. The SBA reserves the right to request proof of property ownership at any time. 209.04. Grant funds may only be requisitioned by a LEA after the Contract is signed by both parties and prior to the contract’s expiration date. If the LEA believes the projected contract completion date will exceed the agreed upon expiration date, the LEA must make a request to the Authority for a time extension of 60-90 days prior to the contract expiration date. Requisitions shall not be paid by the SBA for work completed outside of the contract effective dates. 209.05. By signing the Grant Contract, the LEA agrees to incorporate all SBA required supplementary provisions and applicable forms into all project Contract and Construction Documents. 209.051. For instances in which Federal funds are expended, the LEA is required to use the most stringent standards and rules. 209.06. The LEA shall not incorporate additional Supplemental Instructions to Bidders or Supplemental General Conditions of the Contract for Construction that are more stringent and/or require additional tasks or work from the Contractor than those already required, unless specifically approved by the Authority. 209.07. The LEA and its design professional should work to ensure that project costs do not exceed the total funds available. However, should the project costs exceed the total funds available, the LEA must, to the SBA’s satisfaction: reduce the scope of the project, value engineer the facility, or commit additional local funds prior to proceeding to the next project phase. 86 210. Requirements for Grants to Supplement Energy Performance Savings Contracts LEAs may enter into Energy Performance Savings Contracts under the provisions as described in West Virginia Code §5A-3B for the purpose of redirecting operations utility expenditures to funding facility improvement projects. In addition to the statutory provisions, when SBA funds are to be utilized to fund or partially fund portions of the total energy savings project, the following Energy Savings Performance Contract procurement criteria shall be applied: 210.01. LEAs shall use the SBA’s Standard Request for Proposals (SBA Form 210) for the selection of an energy services company (ESCO) to implement the proposed project(s) using a fully transparent “open book” pricing model. The successful ESCO shall be determined solely from the Proposals, however, the LEA reserves the right to interview any of the candidates. 2010.02. The LEA shall form a project review team to review all submitted proposals. The team shall include, but is not limited to, the following members and consultants: a. an Attorney – to examine the performance contract b. a Licensed Municipal Advisor – to evaluate the feasibility of the ESCO proposals c. the SBA Staff Representative – as a technical advisor only d. a Project Administrator – to serve as the team lead and the Point of Contact from the LEA 210.03. Energy savings and guarantees provided by the selected ESCO shall offset the majority of the project costs for the LEA. The ESCO shall provide arrangements for acquisition and installation and will work to maximize the net economic benefit and reduce the risk to the LEA. 210.031. An investment-quality comprehensive performance audit shall not be undertaken until after the procurement of the ESCO is complete, and the costs associated with the audit shall be shown on the proposal form. 210.032. The scope of services that will be self-performed by the ESCO shall be clearly defined in the proposal. ESCOs that intend to self-perform installation services must also obtain pricing from a minimum of three companies for the supply and installation of the proposed equipment. Cost estimates from third-party companies will not be considered an adequate substitute for the above described process. 210.033. All construction and installation services not proposed and approved for selfperformance by the ESCO shall be competitively bid. All bidding and construction documents shall be reviewed and approved by the SBA for conformance to SBA policies and standards prior to releasing the project to bid. Bids shall be advertised and received following all provisions of applicable West Virginia law. Bids shall be received and reviewed by the LEA with advisement from the ESCO. The LEA shall determine the lowest qualified responsible bidder(s). 210.034. For the purpose of calculating the construction mark-up percentages, the unburdened construction costs shall be disclosed as a part of the ESCO proposal. The unburdened construction costs shall be defined as the value of the final construction cost paid for facility improvements without any additional mark-up by the ESCO. Neither the LEA nor the SBA will pay for additional costs above the unburdened construction costs, construction mark-up costs, project management costs or other ESCO related costs that are not identified in the proposal, without the proper execution of a Change Order. 210.04. Prior to the execution of the contract between the LEA and the ESCO, approval must be obtained by the LEA Attorney. 87 210.05. For the portions of work that are not funded by the LEA or the SBA, the funding source to cover the Cost of Issuance must be competitively sourced. Considerations should also be given to limit the guarantee to 3-5 years – rather than the maximum timeframe of 15 years as defined in West Virginia Code – to lessen the project costs while empowering LEA maintenance employees to be trained on the operation and maintenance of new equipment. 210.06. Environmental Conditions as described in WVDE Policy 6200 – Handbook on Planning School Facilities and the SBA Quality & Performance Standards Handbook shall be incorporated into the design of the ESCO project. Depending on the project size and scope, the SBA may require an independent measurement and verification calculator to ensure guarantees are met and costs are accurate. 88 School Building Authority of West Virginia Policy & Procedures Handbook Chapter 3 EDUCATIONAL PLANNING AND ARCHITECTURAL CONSIDERATIONS 89 300. Project Development Requirements of the Local Education Agency (LEA) School Building Authority of West Virginia ARCHITECTURAL/ENGINEERING & CONSTRUCTION REGULATIONS APPENDIX I THE FOLLOWING INFORMATION PROVIDES INSTRUCTION AND DIRECTION WITH REGARDS TO PROJECT DEVELOPMENT THROUGH CLOSEOUT. DEVIATION FROM REQUIREMENTS MUST BE APPROVED BY THE SBA. I. PROJECT AND DESIGN SERVICES A. Application for Project Approval (WVDE/SBA P-1 Report – Rev. 12/11/91) This report is to be submitted twice by the county, initially with the blueprints when they are submitted to the SDE and the SBA for review, and a final WVDE P-1 is to be submitted to the SDE and the SBA at the completion of the project with a WVDE BP-13-A or SBA Form 139 completion report. 300.01. Upon execution of the SBA Grant Agreement with the LEA after funds are awarded, planning and programming is required. New schools and renovation/addition projects typically evolve from conceptual ideas derived from county curriculum and facilities personnel. Programmatic information is provided through and Educational Specification (Ed. Spec.) developed by the LEA and the SBA/WVDE/Architect to the design team who will then develop graphic illustrations that show general space relationships and curricular areas. Projects that affect the educational areas/offerings of a school must create an Ed. Spec. per the guidelines as described in section 301. 300.02. B. Procurement of Architectural/Engineering Services State agencies and their political subdivisions – LEAs are required to comply with Article 1, Chapter 5G of the West Virginia Code §5G-1 regarding Procurement of Architectural, Engineering Services. This code requirement describes a qualifications-based selection process where firms are selected on the basis of demonstrated competence and qualification for the type of professional services required. Per this law, fee negotiations occur only after firms have been ranked and negotiations commence one firm at a time in the order in which the firms were evaluated. 300.021. All grant recipients are required to submit to the SBA office Staff the names of the firms being considered to perform architectural, engineering design, or, if required desired, or construction analyst services on all projects where budget is fully or partially funded by the SBA. The SBA Staff must receive the names of the firms that responded to the procurement request, the names of the three or four firms the LEA has selected to interview, and the scoring matrix used to evaluate the interviewed firms. 300.022. The selection of the successful A/E design team is solely the decision of the LEA. The SBA Staff and/or other project consultants may 90 provide technical assistance to facilitate the evaluation of each firm under consideration. 300.023. LEAs shall not dictate and/or require the use of a specific consultant that is not proposed by the A/E as a part of the firm’s design team at the time an expression of interest is given. While the selection of which A/E design firm team that is to design the new or renovated facility is solely the decision of the LEA, the decision of which architect(s), engineer(s), planner(s) or firm(s) that make up a design team is solely the decision of the principal of the lead A/E firm. Unless, otherwise authorized by the Authority, the architectural, engineering services shall be performed by companies within the State of West Virginia and must be licensed to perform the desired services in the State of West Virginia. In order to fully comply with this requirement, the following procedures must be followed: • Submit the list of firms showing interest in performing design services to the SBA office staff upon receipt for review and approval prior to developing the “short” list for interviews. • Submit the “short” list of at least three firms, two of which must be West Virginia resident firms, being considered to be the most qualified for the services required to the SBA office staff for review, prior to interviewing the firms. • Architectural and Engineering firms being considered for the building design, must be informed at the time of their interview that the SBA requires that the work pertaining to each professional design discipline, i.e.: Architectural, Mechanical, Electrical, Civil and Structural be performed by a certified and licensed individual of that discipline. Architectural firms will submit the firm names and certificates of each individual design discipline in their project interview. Performance of this work by individuals licensed in the appropriate discipline will be verified by submission of bid and design documents to the SBA that have stamped A/E seals on those sections pertaining to that discipline. • Once the interviews have been conducted, the firms shall be ranked in order of preference. The preferred list shall be forwarded to the SBA office staff for review and approval, prior to further negotiation or recommendation to the local board of education or governing body making final approval. • Additionally, the SBA requires that engineering design professionals performing services on all SBA funded projects meet the following criteria: 91 1. The engineer of record must be a registrant in good standing with the State of West Virginia Board of Professional Engineers, 2. The designer must be a registered professional engineer, licensed in the State of West Virginia in a specific engineering discipline, 3. The engineer must be trained and registered in the specific discipline associated with the work being designed, and place his/her seal only on engineering designs for their specific discipline(s), 4. The engineer shall only place their seal on plans for school projects that were prepared by him/her or under his/her direct supervision, and 5. The engineering firm must be registered to conduct business in the State of West Virginia and hold a certificate of authorization from the West Virginia Board of Professional Engineers. Upon request, Grant recipients may be required to submit qualification information from each of the firms being considered to the SBA. The SBA encourages the use of standard AIA construction documents and agreements. Utilization of a Construction Manager or Construction Analyst may be required by the School Building Authority on a project by project basis. However, the SBA may require supplemental languages be amended into these documents. *Add the following to AIA B101, Article 3.6.2.1 and Article 4.3.3*: The architectural firm may utilize a Construction Administrator for project oversight and to attend all construction progress meetings, however, the Project Architect and Engineer responsible for the design shall be present at the project site to attend a minimum of one project meeting per month. This person must have authority to render decisions on the project in order to avoid unnecessary delays. Add the following to AIA B101, Article 12:  The School Building Authority intends to implement Building Information Modeling (BIM) for design and construction of SBA funded projects as follows:  New School Construction Projects beginning in December 2015  All New School Construction and Major Addition and Renovation Projects beginning in December 2016  Implementation of BIM on all projects beginning December 2017.  BIM modeling information data provided to the owners for use in their preventative maintenance data bases state wide by 2019. Please refer to SBA Form 190 Building Information Modeling (BIM) Guidelines and Standards. 92 300.03. C. Design Fees – Design fees shall be calculated based on a percentage of the construction cost. Construction costs are calculated based on the lowest acceptable qualified bid(s) for constructing the building. A stipulated sum design service contract may also be used with the approval of the SBA Staff. Stipulated sum fees would be based on an amount agreed upon by both parties for professional services regardless of the construction cost. Construction costs do not include fees for the construction manager, clerk-of-the-works, construction analyst (paid for under additional services), legal fees, site acquisition or other project cost not directly associated with the construction of the building. Basic design fees shall include all services necessary to complete the project including, but not limited to architectural, plumbing, electrical, mechanical and civil engineering, as well as construction administration through project completion. Additional services must be approved by the SBA. The cost for alternative designs that are not constructed shall be borne by the grant recipient unless approved by the SBA. Construction costs does not include fees for the construction manager, clerk-of-the-works, construction analyst (paid for under additional services), legal fees, site acquisition or other project cost not directly associated with the construction of the building. Architect and engineering Design fees may also be applied to the cost of furniture and equipment only if the architect prepares the contract documents and administers the contract for the installation of the furniture and equipment. 300.031. Maximum SBA reimbursement for architectural and engineering fees will be in accordance with the most current SBA Architect / Engineer Fee Schedule (SBA Form 175 302). Architectural and Engineering (A/E) fees are established by the SBA and should be considered as the maximum allowable to receive SBA reimbursement. a. The educational agency may agree to pay fees in excess of the maximum SBA amount; however, the additional cost for these fees will be the responsibility of the educational agency. b. Consideration will be given to modifying the SBA fee structure if a particular project is considerably more complex or if the project requires substantially more special consultants to complete. Fee modifications will be negotiated during the A/E procurement process and approved by the SBA before design service contracts are executed. 300.032. All design and construction service costs for the project shall be included in the basic service agreement including the cost of design, redesign (with exception of owner requested design changes after approval is granted to proceed into the construction document phase), construction administration and other project development costs. The county board will reimburse the A&E firm for the cost of review and bidding document printing and distribution to perspective bidders and approval agencies. Reimbursable 93 expenses for document printing and distribution for agency approval shall be paid from grant funds as a direct cost plus reasonable and customary overhead and profit. 300.033. D. Architectural and Engineering Fees The SBA fee schedule must be used for all projects when SBA funding is provided. Grant recipients must use Standard AIA agreements and contract document forms unless SBA approval to use alternative agreements, is granted. Architectural and Engineering (A&E) fees are established by the SBA and should be considered as the maximum allowable to receive SBA reimbursement. Should the grant recipients choose to exceed the SBA maximum allowable design service fees, the difference in cost will be the responsibility of the grant recipient. SBA reimbursements of A&E design service fees shall be based on a percentage of the actual construction cost for contracts awarded. Fees associated with alternative designs not awarded will be the responsibility of the grant recipient and paid as additional services by the grant recipient. Fixed fees based on percentages of the construction cost will be calculated using the most current SBA approved fee schedule times the actual construction cost. For purposes of calculating design service fees based on a percentage of the construction cost, construction costs include the value of construction contracts awarded construction and the cost of furniture and equipment where the architect provided professional services associated with the preparation of bidding documents for the furniture and equipment. 300.034. A/E fees relating to construction change orders shall be calculated at the same percentage established for the project based on the approved construction budget once established under Section H (Fees Relating to Change Orders). Incidental reimbursable expenses for surveys or other pre-approved project expenses may also be paid from project funds considered on an individual basis based on the stipulations listed in the SBA’s Architectural / Engineering Supplemental Requirements. A stipulated sum design service contract may also be used with the approval of the SBA office. Stipulated sum fees would be based on an amount agreed upon by both parties for professional services regardless of the construction cost. The Design Team shall disclose any cost associated with providing CADD files to the Contractors for trade coordination purposes through completion of the project. Any and all fees charged to the contractor or subcontractor for the use of the CADD files shall be stipulated in the bidding documents. Revise AIA, B101, Article 6.1 to read as follows: Construction costs do not include costs associated for a construction manager, clerk-of-the-works, construction analyst, licenses, permits, B&O 94 taxes and change orders caused by A&E errors and omissions or change orders which do not require the services of the A&E firm. Fees associated with construction change orders will be reviewed by the SBA and the owner and additional professional service fees will be paid based on services required to effectuate the construction change. E. Fee Modifications Consideration will be given to modifying the SBA fee structure if a particular project is considerably more complex or if the project requires substantially more special consultants to complete. Fee modifications will be negotiated during the A/E procurement process and approved by the SBA before design service contracts are executed. F. Multiple Prime Contracting Fees 300.035. The Basic Service Fee schedule may be adjusted for multiple prime construction contracts at the discretion of the SBA. Compensation for additional services for multiple prime construction contract administration shall be negotiated based on the number and complexity of the contracts. The maximum SBA reimbursement for compensation for administration of multiple prime contracts shall not exceed the SBA A/E fee schedule amounts without approval of the SBA. G. Prototypical School Design Fees The West Virginia Legislature encourages the use of prototypical designs where possible in West Virginia public schools. Where SBA funding is provided, county boards of education must consider prototypical school designs. Should the County Board feel that a prototypical school design does not adequately address the educational needs of a facility, the County Board must submit a written justification to the SBA Director of Architectural Services explaining their reasons for not considering prototypical designs that may be available. Approval must be granted by the SBA prior to proceeding without a prototypical design. Design service fees will be adjusted when prototypical designs are used. A&E fees are negotiable and will be based on services required. The basic service fee for an original design shall be 100% of the maximum allowable based on the SBA fee schedule. To the extent possible, design firms shall prototype academic areas of all facilities. Should the county board elect to use a prototype school design, 100% of the negotiated percentage fee will be applied to the cost of the site preparation and improvements required to adapt the site to accommodate a prototypical school design, for bidding and negotiations and for construction administration services. The design service fee for the reuse of an original design may not be greater than 40% of the design service phases of the original school designs. A&E fees for projects where substantial portions of the design are duplicated from previously designed projects will be adjusted 95 based on the percentage of design duplication. For prototypical school projects, the total fee shall never exceed the maximum allowable fee percentage for the project had the prototypical design not been used. H. A&E Fees Relating to Change Orders Add the following to AIA B 101, Article 11.3, Items 1-4: Fee adjustments for owner requested change orders, or change orders intended to improve overall quality of the facility will be considered. Compensation will be based on the amount of design, coordination and/or construction administration required to effectuate the change. Fee adjustments must be approved by the SBA. A&E fees for change orders not requiring design changes should be negotiated as an additional service and reimbursed on an hourly basis. A&E fee modifications for change orders for new construction that requires construction document amendments due to design deficiencies will be reviewed on an individual basis by the owner and the SBA and fee adjustments considered if construction has not taken place in the affected area. The owner will pay for the required labor and material cost to effectuate the change. The A&E fee will only be adjusted based on A&E services required to effectuate the change in the scope of work. A&E fee modifications for change orders on new construction that requires construction document amendments due to items of work inadvertently omitted from construction documents where the construction has taken place in the affected area and demolition is required will be reviewed on an individual basis by the owner and the SBA. If it is determined that the problem should have been resolved by the A&E firm within the building design, the owner will pay for the required change order and the A&E firm will be back-charged for the change including any demolition and replacement costs plus contractor overhead and profit. The owner will deduct any added value construction received as a result of the change from the amount the A&E firm is being back-charged. Add the following to AIA B 101, Article 12: A&E fee modifications for change orders on renovation and addition projects will be addressed on an individual project basis. If construction changes are required due to owner requested changes, incorrect as-built information or if it is determined by the owner and the SBA that a condition has occurred that could not have been foreseen by the A&E firm, the A&E firm will be compensated for the design modification based on the additional services required to effectuate the change in work. 300.036. If the SBA or owner assigns project team determines the services of a Construction Manager (CM) or Construction Analyst (CA) are 96 necessary to add to a the project, CM and/or CA construction analyst design / constructability review comments relative to the clarity of the design intent shall be incorporated into the documents by the A/E unless the A/E determines that the clarifications conflict with applicable codes or standards. a. The A/E will notify submit to the owner LEA and SBA a list of all CM or construction analyst design / constructability comments not being incorporated that have not been incorporated into the documents. b. However, Should clarification comments not being made by the CM or construction analyst that were not incorporated into the document result in construction a change order(s), the SBA will not provide funding for the associated change order(s) required to incorporate work into project relating to the review comments. 300.04. Construction Contingency Allowances – Contingency allowances shall be established at two percent (2%) for new construction projects and four six percent (46%) for each renovation project. 300.041. Fifty percent (50%) of those contingencies shall be established for Owner requested changes. The remaining fifty percent (50%) shall be established for errors and omissions of the design team. Should the errors and omissions exceed the fifty percent (50%) allocated in the contingency allowance, this information will be noted within the SBA/County, Architect/Engineer evaluation at the conclusion of each project. Quality Control of Bidding and Construction Documents is of paramount importance to prevent unnecessary construction delays and change orders. Based on the project closeout evaluation process, Architectural and/or Engineering firms who demonstrate a pattern of errors and omissions exceeding fifty percent (50%) of the allocated contingency amount, will be required to meet with the Executive Director of the School Building Authority to review the construction documents quality control program the firm has established. In order to provide opportunity for any Architectural and/or Engineering firm cited for excessive errors and omissions within their construction documents, to appreciably improve the quality of their performance prior to being placed on probation, the SBA staff will utilize the following procedure: a. Each project will be monitored by the SBA and if errors and omissions on any project exceed fifty percent (50%) of the allocated contingency, the cited firm shall be noticed in writing of the SBA’s concern, with appropriate documentation to illustrate the errors and omissions cited. The firm cited shall appear before the Executive Director of the SBA to present their reasons for the excessive errors and omissions noted and the firm shall have the opportunity to respond positively with improved performance after the initial notice. 300.042. b. A firm’s continued failure to improve the quality and control of the construction documents will result in the Architectural/Engineering firm being placed on probation and prohibited from 97 performing services on SBA projects for a period of one year. Should the Architectural/Engineering firm desire to appear before the Authority to appeal this probationary measure, the firm may must first appear before the SBA Construction Committee to discuss the citations and justify his uninterrupted participation. c. Probationary status of a firm may be revoked or continued by the SBA’s Construction Committee upon review and deliberation of the SBA staff recommendation at the conclusion of the probationary period. I. Reimbursable Expenses All design and construction service costs for the project shall be included in the basic service agreement including the cost of design, redesign (with exception of owner requested design changes after approval is granted to proceed into the construction document phase), construction administration and other project development costs. The county board will reimburse the A&E firm for the cost of review and bidding document printing and distribution to perspective bidders and approval agencies. Add the following to AIA B101, Article 12: J. Additional Services Special consultants required by the A&E firm for complex projects will be paid as an additional service by the grant recipient. Special consultants must be approved by the owner and the SBA prior to their use. HVAC Testing, Adjusting and Balancing services shall be contracted directly to the county board. Geotechnical services shall also be contracted directly to the county board (or other grant recipients) unless SBA approval is granted to contract this service to the A & E firm. 300.05. Upon successful selection of the project’s design team, the Firm will work with the LEA to determine the additional project team members required and the most prudent and resourceful project delivery method. 300.051. Determinations for the following methods will be selected and reported to the SBA Staff: a. The use of a Clerk-of-the-Works (Clerk) or Construction Manager (CMa) b. The use of a Construction Analyst c. Whether the project will be bid as a Single Prime Contractor, Multiple-Prime Contractors or a combination of both d. Whether the Site Design bid package will be separate or a part of the Building Design bid package. e. Whether Building Information Modeling (BIM) will be used by the design team and to assist the contractor in construction coordination. Note: Any use of, or reliance on, all or a portion of a building information model must be approved in advance by the LEA and will only be permitted if the Parties have agreed upon and executed written documents to 98 memorialize protocols governing the use of, and reliance on, the information contained in the model. f. The use of an Testing, Adjusting, and Balancing (TAB) Contractor or an HVAC Commissioning Agent g. Whether the project will be a part of an Energy Savings Performance Contract 300.052. Before any agreement with an additional selected party/method is signed an executed, the contract must be reviewed and approved by the SBA Staff. 300.053. Specialty consultants used by the A/E Firm for the development of project drawings and/or specifications shall not bid on any portion of the construction project. Consultants found to be submitting bids on such projects will be disqualified. 300.06. C. Construction Project Development – Renovation and addition projects typically evolve from conceptual ideas derived from county curriculum and facilities personnel. Programmatic information is provided through the educational specifications developed by the County and the SBA to the architect/engineer who develops graphic illustrations that show general space relationships and curricular areas. The architect project’s design team shall develops these develop conceptual ideas from the Educational Specification into a complete set of construction project documents by utilizing the following phases of design and shall offer design and design interpretation services during construction: Site Feasibility Study a. Schematic Design Phase b. Design Development Phase c. Construction Document Phase d. Bidding and Negotiation Phase e. Construction Phase 300.061. On projects involving only small additions or renovations, the A/E shall coordinate with the SBA Staff if the Schematic Design and Design Development review phases will be required. 300.062. It is extremely important that all requirements of each project development phase be met before proceeding to the next phase. To avoid cost overruns and possible redesign cost, project costs must be monitored during the schematic design, design development and construction document phases. All contractual agreements with architects/engineers or construction managers must include language that requires the architect/engineers or construction managers to submit all planning and project design information and estimates of probable cost to the School Building Authority Staff and the county board of education for 99 approval. The School Building Authority, the county board of education, the curriculum and facilities planning team, and the architect entire project team should be in agreement before proceeding from one phase to the next. Assurances shall be provided within each phase that: a. The design includes all curricular and facilities requirements proposed by the planning team and the School Building Authority or an explanation as to why these requirements are not being provided. b. The project as designed can be constructed within the budget provided by the county board; LEA And the project is being constructed on an approve site for which a clear and free deed is held by the grantee. The use of leased properties must receive prior approval of the SBA. D. Construction Project Submission, Delays and SBA Review 300.063. All construction projects funded by the School Building Authority are required to be submitted for review to the School Building Authority Staff. A 14-day maximum review period shall be included in each phase of the project development schedule for SBA review of planning, schematic, design development and construction documents. The SBA Staff will only accept complete phase submissions and project documentation from the design firm as required by Form SBA 176 A-E of the School Building Authority Policy and Procedure Handbook must be submitted the associated SBA Project Phase Submission Form. Minimally, the School Building Authority must review and approve the site feasibility study, schematic drawings, design development documents and final construction documents as they are developed. Detailed eEstimates of probable cost must be submitted with each phase of the project approval process. II. PROJECT REQUIREMENTS 300.07. A. Building Component Requirements – Every effort must be made to plan and design schools with quality HVAC systems and low maintenance hard surface finishes. The provisions of the SBA Quality and Performance Standards must also be incorporated, where applicable, into building design criteria for all SBA funded projects approved after June 2008. Deviations from these standards may be acceptable, but must be approved by receive prior approval from the SBA. 300.071. With this in mind, design architects and engineers must consider various prioritized options within the building design that address the following: a. 1. Quality HVAC systems must be installed in all schools. These systems must be capable of providing efficient, long term climate control, complying with the minimum standards established by the SBA performance criteria. Buildings must also be designed with durable, low maintenance building finishes; 100 b. 2. The HVAC Testing, Adjusting and Balancing (TAB) agent shall be certified according to the procedures contained in the associated air balance council (AABC) national standards, the national environmental balancing bureau (NEBB) procedural standards or the environmental engineering consultants (EEC) standards for testing, adjusting and balancing. The TAB agent shall directly represent and is under direct contract with the building owner LEA and shall coordinate scheduling of TAB start up and completion work with the mechanical contractor, mechanical engineer, SBA, Architect and Construction Manager, where applicable. These services shall be paid from available project funds. c. 3. SBA or local funds will not be used to construct building square footage that will result in the inefficient use of the facility in sacrifice of a quality HVAC system or building finishes; d. 4. Once the square footage of the building academic and support spaces has been approved by the SBA, first consideration must be given to quality HVAC systems and building finishes. If local funds are proposed at any time throughout the project development, these funds and their intended use must be identified and approved by the SBA, and; e. 5. HVAC control systems shall be bid on a performance-based specification, identifying at least three acceptable manufacturers, who are capable of meeting the specification. HVAC contractors shall solicit proposals from these manufacturers as the basis for their bid. Should the local Board of Education desire a specific control system, manufacturer or integration of other building systems with the HVAC controls, these systems shall be bid as alternates and any additional costs associated shall be borne by the local Board of Education. f. 6. Additional SBA funding for project overruns will only be considered if all items listed above D 1-5 are satisfied and additional funds are required in order to award the basic bid to the lowest qualified bidder(s). Add the following to AIA B101, Article 12: Building Component Requirements – Safe School Design j. The SBA recognizes the need to incorporate safe school design into West Virginia’s new schools. Wherever possible, designers should The design team shall incorporate safe schools through environmental design philosophies into the all new school designs and major renovations. i. Consideration should also be given to the vulnerability and risk assessment study performed in each county of all schools and cited review comments incorporated into the school design. Additionally, educational agencies shall consider security within the facility and work with local law enforcement agencies during the building design process to incorporate local school access safety plan concepts into the new school design. Minimally, the following should be considered: 1. Limit the number of buildings within the design to one building, if possible. 101 2. Minimize unsupervised entrances into the building. Unsupervised entrances should be locked and equipped with emergency exiting hardware only. 3. Limit site access and if possible, provide a security person at the site entrance. 4. Provide drop-off and pick-up lanes for school bus use only. 5. Minimize the number of driveways and parking areas students cross to enter or leave the school campus. 6. Provide interior building security that would allow classroom areas to be closed and locked off from gym areas and other areas of the facility being utilized during off school hours. 7. Minimize areas of the building and campus that cannot be easily supervised by administration and staff (i.e., alcoves, recesses in walls, short perpendicular corridors into classrooms). 8. Place elementary student lockers in classroom, where feasible, so that access can be monitored by staff. Locker locations should always be placed close to supervision and designed for easy surveillance. 9. Provide for two-way communication within student occupied areas of the building. Include the ability to communicate outside the school should telephone service be interrupted. 10. Install basic security systems throughout the facility and appropriate video monitoring in non-supervised and high student concentration areas. 11. Provide adequate exterior lighting including parking lot lighting. 12. Landscaping should consist of small shrubs below three feet in height and large trees that keep the visual zone between three feet and six feet in height unimpaired. ii. Note: Grant recipients and school planners shall work cooperatively with the State Office of Homeland Security (OHS) and other public safety agencies during the planning and design phases of all projects. At the conclusion of all new school projects and projects that alter the building square footage or layout, the grant recipient/architect shall provide the OHS an electronic copy of the building design that complies with the requirements of the SBA school access safety provision and the most current OHS school access safety submission requirements. 300.072. N. Semi-Proprietary Specifications a. 1. To encourage competitive bidding, the project specifications shall specify not less than three products, materials or equipment that meets the requirements of the specifications. The product, material or equipment used shall comply with the contract requirements. b. 2. In certain instances, a single product may be the only one that will comply with the specific design/function requirement. B. Disqualification of Contractors/ Probationary Contractors Construction contractors or subcontractors on probationary status or who have had a contract terminated for just cause as described in the AIA 102 Document A201 or A201/CMa General Conditions Article 14, Section 14.2 will be prohibited from bidding projects funded by the School Building Authority for a minimum of one year and pending review of the SBA thereafter. The architect/engineer shall secure a list of probationary contractors from the SBA prior to issuing bidding documents and contractors on SBA probation shall not be issued bidding documents. C. Construction Project Development Renovation and addition projects typically evolve from conceptual ideas derived from county curriculum and facilities personnel. Programmatic information is provided through the educational specifications developed by the County and the SBA to the architect/engineer who develops graphic illustrations that show general space relationships and curricular areas. The architect develops these ideas into a complete set of construction project documents by utilizing the following phases: • Site Feasibility Study • Schematic Design Phase • Design Development Phase • Construction Document Phase • Bidding and Negotiation Phase • Construction Phase It is extremely important that all requirements of each project development phase be met before proceeding to the next phase. To avoid cost overruns and possible redesign cost, project costs must be monitored during the schematic design, design development and construction document phases. All contractual agreements with architects/engineers or construction managers must include language that requires the architect/engineers or construction managers to submit all planning and project design information and estimates of probable cost to the School Building Authority and the county board of education for approval. The School Building Authority, the county board of education, the curriculum and facilities planning team and the architect should be in agreement before proceeding from one phase to the next. • The design includes all curricular and facilities requirements proposed by the planning team and the School Building Authority or an explanation as to why these requirements are not being provided; • The project as designed can be constructed within the budget provided by the county board; D. Construction Project Submission, Delays and SBA Review All construction projects funded by the School Building Authority are required to be submitted for review to the School Building Authority staff. A 14-day review period shall be included in each phase of the project development schedule for SBA review of planning, schematic, design development and construction documents. Project documentation as required by Form SBA 103 176 A-E of the School Building Authority Policy and Procedure Handbook must be submitted. Minimally, the School Building Authority must review and approve the site feasibility study, schematic drawings, design development documents and final construction documents as they are developed. Estimates of probable cost must be submitted with each phase of the project approval process. 300.08. Bidding Requirements - Projects shall not be advertised for bid or construction started until after the School Building Authority staff has reviewed the submitted documents and the School Building Authority review comments have been satisfactorily addressed. A Upon the completion of the design team’s bidding documents, a revised set of bidding documents must be submitted to the SBA office along with assurances that review comments have been addressed within the final documents. Additionally, SBA submission requirements are included on the school construction project development flow chart. After final approval of the bidding documents is received by the SBA staff, dates and times for the project’s mandatory prebid conference and opening of bids shall be scheduled with the SBA Staff. E. Real Estate Acquisitions Using School Building Authority Funds In order to maximize the limited amount of School Building Authority funding for the construction of educational facilities, the School Building Authority has taken the following action: • The Authority will not approve any Grants which include the funding of real estate acquisitions with grant proceeds. • The Authority will not approve amendments to any Grants which include the funding of real estate acquisitions with grant proceeds. F. Clerk-of-the-Works Requirements (Moved to Section 303) The educational agency shall be required to employ a clerk-of-the-works to monitor all construction projects in excess of $250,000 unless waived by the SBA, or an SBA approved construction management method is being utilized. Candidates for clerk-of-the-works shall be submitted for SBA review prior to final selection by the educational agency. A clerk-of-the-works employed by the county through contracted services shall minimally be paid an amount equal to the basic hourly prevailing wage rate of a Journeyman Carpenter as determined by the West Virginia Department of Labor for the project location. The actual time the clerk-of-the-works begins to perform the duties may vary according to the project and the timing of the award of the construction contract. However, the clerk-of-the-works must be given sufficient time to acquaint themselves with the total scope of the project in order to be an effective part of the construction team. The School Building Authority requires that the clerk-of-the-works be hired at the same time the project is let for bids. If delays are anticipated in the award of the bid or actual construction/renovation is not scheduled to begin 104 immediately, the clerk-of-the-works must be hired prior to beginning construction and be provided with adequate time to become familiar with the project scope and to be prepared to assist with the project as soon as bids are received and the construction contract is executed. During the bidding process it is conceivable that the clerk-of-the-works may not be required to perform his duties full time. Realizing that there are various types of projects requiring the appropriate construction review documentation, the responsibilities of the clerk-of-theworks will vary with the scope of each project. The clerk-of-the-works shall not circumvent or eliminate the normal construction responsibilities of the architect/engineer or contractor. However, when applicable, the clerk-of-theworks can be a vital member of the project team and can assist in the project observation and documentation process. 300.081. G. Mandatory Pre-Bid Conference – Contractors shall be required to attend a mandatory pre-bid conference for each individual project so that bidding information is properly conveyed to all bidders and to clarify questions and the intent of the bidding requirement, contractors shall be required to attend mandatory pre-bid conferences. Bidding documents shall notice all bidders of this requirement and include language making this requirement a prerequisite to bidding the project. The requirements for having the pre-bid meeting may be waived by the SBA for special circumstances conditioned upon a written request to the SBA by the design professional. All substantive pre-bid questions shall be addressed at the prebid meeting and if the bidding documents do not clarify the questions, a project addendum will be circulated to all bidders. 300.083. H. Construction Project Bid Coordination and Reporting – Construction bid dates must be coordinated through the SBA office. Project architects/engineers must contact the SBA office and identify the proposed bid date desired. The SBA office will coordinate the most appropriate bid date after considering other construction project bidding schedules. Every effort must be made to prevent similar construction projects from being bid in the same week and within the same region of the state to allow for maximum participation of bidders. 300.084. No Bid dates shall not be scheduled until confirmation that any and all permits required have been obtained by the Owner LEA. These permits include, but are not limited to, environmental permits, and utility connection permits (both temporary and permanent), and etc. Additionally, no building construction bid packages shall not be scheduled until all permits are obtained and site preparation work is substantially complete. 300.085. Once released for bid by the SBA, bids shall be advertised in accordance with Chapter 59-3-1 of WV the provisions as listed in West 105 Virginia Code §59-3. as a legal advertisement in a qualified statewide newspaper occurring within a period of 14 consecutive days with at least an interval of 6 full days between the date of the first and second publications. However, Unless waived by the SBA, no bid opening date shall be scheduled less than 21 days after the first publication date. The School Building Authority is tracking construction square footage costs for total projects and various building components. Project bid tabulation documents are required to be faxed immediately to the School Building Authority office within 2 hours after construction bid openings are concluded. The tabulation sheet should be self-explanatory and include explanations of base bid pricing and all alternates being requested. The normal bid tabulation sheet prepared at the conclusion of the bid for county staff is acceptable. Bid openings shall not be scheduled after 1:30 p.m., so that bidding information can be transmitted to the School Building Authority office the same business day. No construction contract shall be awarded without the School Building Authority review and approval of the construction bid and the contractor being recommended for the award. The School Building Authority will review the required post-bid documentation of the apparent low bidder(s) during the 72 hours immediately following the bid opening. During this timeframe the School Building Authority will not discuss bid results with bidding contractors until all documentation has been reviewed. I. Contractor Evaluation (SBA 124) The School Building Authority and the Owner shall, at the conclusion of the project, perform an evaluation of all prime contractors performing work on School Building Authority projects. This information must be submitted to the SBA at the completion of each project as a part of the project closeout information and accompany the final contractor pay application. Our goal is to have each contractor’s overall work performance evaluated and document a history of excellent, average or poor performance on several projects. This information will also be made available upon request to all grant recipients. J. Architect/Engineer Evaluation (SBA 138) The School Building Authority and the Owner shall, at the conclusion of the project, perform an evaluations of all architects/engineers performing work on School Building Authority projects. This information must be submitted with the project closeout information provided to the SBA when final payment is requested by the grant recipient. The goal is to have each architect’s overall work performance evaluated and document a history of excellent, average or poor performance on several projects. This information will also be made available upon request to all grant recipients. K. Construction Observation Report (SBA 113) Construction Observation Reports are required to be completed by the clerkof-the-works or the project administrator to record the current status of 106 construction projects. This report may also be used by project architect/engineers, if desirable. The timelines of the Project Observation Reports can be established by the project administrator and must be sent to the SBA office for review and approval. L. Certificate of Project Completion (WVDE BP-13-A, Rev. 10/94) A Certificate of Project Completion is submitted to the West Virginia Department of Education and the School Building Authority upon completion of each contract in order to effectuate a close-out. The BP-13-A or SBA Form 139 for Multiple Prime Project reports must be submitted to the SBA prior to the request for final payment. The grant recipient shall arrange an inspection tour with the appropriate officials including the School Building Authority field representative. No occupation of a new facility or renovated facility shall occur until a Certificate of Occupancy is provided by the fire marshal and the SBA provides notification approving the date the building is to be occupied. The county board of education (or building owner) must provide the SBA a copy of the Certificate of Substantial Completion indicating the building has been declared substantially complete and suitable for the owner to occupy along with a request for a SBA walk-thru for permission to occupy the facility. The School Building Authority will retain five percent (5%) of the project cost until the completion report is executed including final inspection by the School Building Authority. The School Building Authority will provide the county board (or building owner) a list of required project closeout requirements when the project is 95% complete. 300.086. The LEA shall administer the receipt of bids per the requirements of the Fairness in Competitive Bidding Act as described in WV Code §5-22-1 et seq. and the SBA’s Policy & Procedures Handbook. a. In addition to listing the major Subcontractors with the bid on SBA Form 403-A, the apparent low Bidder must submit to the LEA, Architect, and SBA a Complete List of Subcontractors & Equipment / Materials Suppliers (SBA Form 403-B) by 4:00 PM the day after the bids are received. This complete list shall include the Category of Work, Subcontractor, and Contractor License Number of each entity providing work or equipment/materials that exceeds a value of $25,000. Contractors may not add or substitute Subcontractors throughout the project without justification and subsequent approval from the Owner, Architect, and SBA. If the apparent low bidder fails to submit the subcontractor list, the LEA or Architect shall promptly request by telephone and email that the low bidder and second low bidder provide the subcontractor list within one business day of the request. Failure to submit the subcontractor list within one business day of receiving the request shall result in disqualification of the bid. A Subcontractor list may not be required if the Bidder provides notice in the bid submission or in response to a request for a subcontractor list that no subcontractors who will perform more than $25,000 worth of work will be used to complete the project. 107 300.087. M. Reference to West Virginia Jobs Act and Employment Reporting a. 1. Any plan, specification and invitation to bid prepared by any architect or engineer shall make reference to the West Virginia Contractor Licensing Act informing any prospective bidder that contractor’s license number must be included on any bid submission. b. On SBA-funded projects that exceed $500,000 that does not include federal monies, grant recipients shall require their project architect to include language within all bidding documents requiring all contractors to submit to the West Virginia Division of Labor certified payroll documents on a weekly basis. c. 2. Grant recipients LEAs shall require their project architect to include language within all bidding documents that require all prime contractors and subcontractors that have employees on school property to provide assurances that all employees are in compliance with WV West Virginia Code, Chapter 21, Article 1B and SBA Policy §21-1B with regards to verifying legal employment status of all workers and with regards to registration of sexual offenders. (See SBA Forms 180,181, 182) 300.088. The LEA shall not sign a Contract with a Contractor until Performance Bond and Payment Bond information is received via the project. Architect, however, the Contractor, as a condition of obtaining Performance and Payment Bonds, needs a projected date of contract execution. The LEA shall work with the Project and Construction team to provide this information. 300.09. O. Project Job Signs and Building Plaques 300.091. All SBA funded projects and major improvement funded projects shall have project job signs erected at the construction site. Project signs must be visible and readable from highways where possible. Specific information will be provided by the SBA Staff to be included on the sign. Additional project information may be required or desirable. A sample of a typical project sign is provided within this document for both “Needs” (SBA 168) and “MIP” (SBA 169) funded projects. Construction details are provided within the contract documents. 300.092. Upon completion of any major SBA funded project of $1 million or more affecting the building’s square footage, the architect shall design a building plaque for display in a prominent public area of the school. See The typical SBA project plaque design shall include the names of the following people: a. (1) The name of the Governor; 108 b. (2) The names of the President of the Senate and the Speaker of the House; c. (3) The members of the SBA; d. The Executive Director of the SBA; e. The SBA Staff Representative; f. (4) The superintendent of schools, and; g. (5) The members of the local board; h. The project Architect / Engineer of Record or Design Firm, and i. The Prime Contractor(s). 300.093. The SBA will shall be contacted for appropriate information to be included and final approval of the job sign and building plaque design before its production. An example of a typical project plaque is included within this document. (SBA 170) P. Heat, Ventilating and Air-Conditioning Test, Adjusting and Balancing Requirement 1. The HVAC Testing, Adjusting and Balancing (TAB) agent shall be certified according to the procedures contained in the Associated Air Balance Council National Standards, the National Environmental Balancing Bureau procedural standards or the Environmental Engineering Consultants standards for testing, adjusting and balancing. The TAB agent shall be under direct contract with and directly represent the building owner. The TAB contractor shall coordinate the earliest start date as well as partial and final completion schedule for each area of the building with the mechanical contractor and provide this information to the owner, architect and SBA. The TAB contractor shall complete the testing, adjusting and balancing in each area of the building within 30 days of the earliest start date. The owner will consider the start and completion dates prior to the award of the contract and award the contract based on the cost proposal and completion schedule. The successful TAB contractor shall provide two weeks advance notice to the mechanical contractor, owner, architect and SBA prior to each area being tested. Q. Asbestos Abatement Requirements (If Required) 1. Contractor/vendors must show proof of having successfully completed an EPA approved training course. All certification must be current. 2. Contractor/workers must be licensed by the State of West Virginia to perform any or all types of asbestos inspection, project designing, management planning, contracting, abatement, supervision of abatement and air monitoring. 3. All contractors/vendors performing work using School Building Authority funding shall comply with all applicable codes and standards including but not limited to the requirement of: Environmental Protection Agency (EPA) 109 Occupational Safety and Health Administration (OSHA) Environmental Protection Agency Worker Protection Laws National Emission Standards for Hazardous Air Pollutants (NESHAP) Asbestos Hazard Emergency Response Act (AHERA) West Virginia Department of Health West Virginia Department of Natural Resources West Virginia Air Pollution Control Commission 4. At the completion of all asbestos abatement projects and before final payment will be processed by the SBA, the local board of education, the abatement designer and abatement contractor must provide written assurances that all abatement work has been performed in accordance with all applicable codes. All AHERA required close-out documentation must be on file at the owner’s office and must be made available to the SBA for review. R. Project Close-out (Moved to Section 500) 1. The SBA shall be notified of the dates and time of substantial and final completion walk-through inspections by the grant recipient. An SBA representative will participate in the walk-thru and will accept or reject the contract as completed. A completed WVDE BP-13-A or when required and SBA Form 139 will be forwarded to the State Department of Education and the SBA when all punch list items have been satisfactorily addressed and the contract is complete. The local board project representative shall also submit a completed Contractor and Architect Evaluation Forms (SBA Form 124). Final payment for the contract will then be processed. 2. Provide at Project Close-out the following documentation, but not limited to: (a) Confirmation of Receiving Operation and Maintenance Manuals and AsBuilt Drawings and Specifications (b) SBA Certificate of Project Completion – For lump sum projects use “WVDE BP-13-A” and for multiple prime contract projects use “SBA 139.” Both of these forms are found in the SBA Guidelines and Procedures Handbook (Appendix L). These Forms should be filled out and signed by the local board of education then forwarded to the contractor and the architect and engineer for signing (c) Contractor Evaluation Form (SBA 124) (to be completed with SBA staff) (d) Architect/Engineer Evaluation form (SBA 138) (to be completed with SBA staff) (e) SBA Certificate of Occupancy (f) Notification of 11th month walkthrough date (g) Electronic & Hard copy of diagrammatic floor plan of new or renovated schools. Provide the following items: 1. One line drawing of floor plans including only diagrammatic walls, exiting, doors and windows, existing school 110 2. One line drawing with all school access safety data (submit electronic file to Office of Homeland Security) 3. One line drawing including only walls, doors, windows, room number/names and color coded HVAC zones with multi-zone equipment located in the HVAC zone (h) Provide a Final TAB report (i) Provide Final Commissioning Report when applicable III. CONTRACT DOCUMENT FORM REQUIREMENTS The following information shall be included in the project manual for all projects funded in whole or in part by the SBA. The SBA also requires all referenced documents to be bound within the contract documents project manual and revised or updated documents must be approved by the SBA. The SBA encourages the use of standard AIA forms when possible including but not limited to the following: A. B. CONTRACT DOCUMENT REQUIREMENTS GENERAL REQUIREMENTS Construction Drawings Project Manual General and Special Conditions Invitation to Bid Instructions to Bidders Bid Proposal Form Bid Bond (AIA A310) Insurance Requirements Performance Bond and Payment Bond Contractor’s Qualification Statement (SBA 105) CONTRACT FORMS General Conditions of the Contract for Construction (AIA A201) Standard Form of Agreement Between Owner and Contractor Where Basis of Payment is a Stipulated Sum (AIA A101) General Conditions of the Contract for Construction Manager – Adviser Edition (AIA A201/CMa) Standard Form of Agreement Between Owner and Contractor – Stipulated Sum, Construction Manager – Adviser Edition (AIA A101/CMa) General Conditions of the Contract for Construction, Construction Manager as Adviser Edition, where applicable (AIA A232) Performance Bond and Payment Bond (AIA A312) Instructions to Bidders (AIA A701) Change Order (AIA G701) Change Order, Construction Manager – Adviser Edition, where applicable (AIA G701/CMa) 111 Application and Certificate for Payment (AIA G702) Application and Certificate for Payment, Construction Management – Adviser Edition, where applicable (AIA G702/CMa) Continuation Sheet (AIA G703) Certificate of Substantial Completion (AIA G704) Certificate of Substantial Completion, Construction Manager – Adviser Edition, where applicable (AIA G704/CMa) Builders Risk Insurance Certificate, where applicable (Acord Form 24) Certificate of Insurance (G715) (Acord Form 25) SBA Policy and Procedures Part 1 – Supplemental Instructions to Bidders Part 2 – Supplemental General Conditions Contractor’s Affidavit of Payment of Debts and Claims (AIA G706) Contractor’s Affidavit of Release of Liens (AIA G706A) Consent of Surety to Final Payment (AIA G707) Consent of Surety to Reduction in or Partial Release of Retainage (AIA G707A) Proposal Request (AIA G709) Architect’s Supplemental Instructions (AIA G710) Construction Change Authorization (AIA G714) Construction Change Directive, Construction Manager-Adviser Edition, where applicable (AIA G714/CMa) Certificate for In-State Contractor Preference (if preference given) Contractor’s Qualification Statement and Contractor Financial Statement (SBA 105 and 105A) List of Subcontractors and Major Equipment/Materials Suppliers (SBA 123) Verification of HVAC Training (SBA 159) Certificate of Project Completion (BP-13A) Certificate of Project Completion – Multiple Prime Projects (SBA 139) Affidavit of Debt Paid (SBA 177) Prime Contractor’s Certification of Worker Compliance with WV Code and SBA Policy (SBA 181) Subcontractor’s Certification of Worker Compliance with WV Code and SBA Policy (SBA 182) SBA Bid Checklist (SBA 183) Certification of Receipt of Addenda (SBA 184) State of West Virginia Purchasing Affidavit (SBA 185) Monthly Anticipated Adverse Weather Delays (SBA 186) School Building Authority Construction (CPM) Schedule (SBA 187) Drug Free Workplace Conformance Affidavit (SBA 188) 300.10. The School Building Authority is tracking construction square footage costs for total projects and various building components. Project bid tabulation documents are required to be faxed sent immediately to the 112 School Building Authority office within 2 hours after construction bid openings are concluded. The tabulation sheet should be self-explanatory and include explanations of base bid pricing and all alternates being requested. The normal bid tabulation sheet prepared at the conclusion of the bid for county staff is acceptable. Bid openings shall not be scheduled after 1:30 p.m., so that bidding information can be transmitted to the School Building Authority office the same business day. 300.11. The LEA shall work with the Architect to provide a detailed post-bid budget that reflects all base bid(s), accepted alternates, allowances, and soft costs. This shall be supplied to the SBA within 72 hours of the bid. If a budget deficit exists after the project is bid, the LEA, Architect, and the SBA may work in consultation with the low bidder(s) to determine if there are areas where cost savings may be found, if the scope of the project could be reduced, or if the project should be re-bid. 300.12. No construction contract shall be awarded without the School Building Authority review and approval of the construction bid and the contractor being recommended for the award post-bid budget. The School Building Authority will review the required post-bid documentation of the apparent low bidder(s) during the 72 hours immediately following the bid opening. During this timeframe the School Building Authority will not discuss bid results with bidding contractors until all documentation has been reviewed. 300.13. Liquidated Damages Computation – The LEA shall develop anticipated actual delay costs associated with late completion of the project. A Schedule of delay costs will be included in the contract documents and the Contractor’s Contract. 113 301. Educational Specification Requirements School Building Authority of West Virginia EDUCATIONAL SPECIFICATIONS 301.01. Each Local Board of Education, funded by the SBA for the construction of a new school facility or major renovation to an existing facility where educational curricular offerings will be altered, shall assign develop an Educational Specification (Ed. Spec.) for the facility, which tells the project Architect specifically what to design. In doing so, the LEA will establish a Committee to and will work with the SBA to develop educational specifications for the facility Staff to complete this task. 301.02. The Ed. Spec shall describe By developing educational specifications, the learning activities, the number, groupings and nature of the people involved, the spatial relationships between sections of the facility, the interrelationships of instructional programs with each other as well as non-instructional spaces and the major furniture/equipment needs or the new facility can be defined and more easily understood. Each Ed. Spec. Committee must consist of representatives from the educational profession, individuals from the community and the architectural design staff selected by the board of education. Upon completion, the Educational Specification will be provided to the Design Team for development of the building design. 301.03. When specifications are agreed upon and committed to a written document, the architect is provided the greatest opportunity to design a school that more nearly meets the needs of the educational program and facilitates the activities that will be occurring in the spaces. To that end, and to more readily value the scope of the project, it is essential that an educational specifications document accompany be completed prior to the schematic drawings submitted design submission to the SBA for review prior to approval by the local board of education*. 301.04. To be consistent and assist in understanding the issues to be included in the educational specifications, the following outline is provided but should not be considered in inclusive should other issues be of concern to you and your planning committees. I. Introduction A short synopsis describing the configuration of the educational structure, the projected number of students, site location, availability of site utilities, existing availability of ancillary facilities and spaces (i.e., athletic, etc.) and proposed statistics for the new construction. II. The Community 114 A brief description of the community, its history, specific cultural distinctions and maps showing geographic characteristics, attendance areas (present and proposed) and the site location. III. The Educational Plan The educational plan can be subdivided into two three general areas: A. Curriculum Plan – States the schools philosophy, educational goals and objectives of the program. This should clarify important issues and priorities for consideration in the planning of the new facility. B. Support Plan – Provides staffing information including teachers, instructional aides, food service personnel, counselors, custodial staff, and administrative staff including principals, assistant principals, department heads, etc. C. Technology Component (where applicable) Plan – If technology is used to support the curriculum delivery, Provide specific details regarding how the technology will be used for each curricular area and/or administrative area in the new school. The technology plan shall comply with state and county adopted standards. IV. Building Space Requirements The utilization of space is extremely important. The SBA requires desires a minimum 85% utilization of newly constructed schools or schools where building additions are being proposed (80% in Middle Schools). In order to assist in developing Section IV, Worksheet #1, which compiles data from the calculation of spaces for the new facility, must be completed and incorporated into Section IV this section. The final number of allowable classrooms and the square footage for any facility that incorporates SBA funds will be determined by the SBA staff Ed. Spec. Committee upon consideration of the program needs, building utilization rates, maximization of multi-use spaces in the design and the potential construction of the project within the allocated funds available. If spaces are proposed that exceed the SBA’s maximum space requirements and funding formula, prior approval is required. It is suggested that this approval be requested before the project is submitted to the SBA for funding consideration. In order to assure appropriate spaces and utilizations for the projected enrollment, room numbers and labels should be assigned to instructional areas on the schematic drawings and a model student schedule developed using Worksheet #2 to locate students and staff within the facility during each of the instructional periods of the day. 115 The following formula is to be utilized to determine the maximum number of classrooms that may be considered in each curricular area: The following example assumes a middle school math program for 300 students, a sixperiod academic day (excludes planning periods), a maximum of 25 students, and calculated as a semester class where full credit is achievable for the class: Formula for Determining Teaching Stations Per Subject Area: Number of students Number of periods Enrolled in subject x per week in subject (300) (5) ____________________________________________ teaching =2 (25) Maximum class size (see reference sheet) = 1500 = Number of stations for this (30) = 750 subject area Maximum number of periods x per week (every period, every day) V. Program of Spaces and Space Allocations Descriptions A Program of Spaces shall be created that specifically lists the size and quantity of each space that is to be designed in the new facility. The total square footage calculated from each space, multiplied by a building efficiency factor must not exceed the maximum square footage funded. Upon completion of the Program of Spaces, a space description matrix where each major space within the building is described so that the design team can understand the full intent of the Ed. Spec. committee. This section describes the instructional areas (general classrooms, PE areas, tech. ed. labs, science areas, consumer and homemaking areas, special education spaces, administrative offices, etc.). Middle/Junior and High School departmentalization, specialization of spaces, electives and scheduling are factors to be considered in determining then number of teaching stations. The maximum number of teaching stations may be determined by applying the formula provided in Section IV to each subject area. The following description of each subject area is needed and should include: A. Goals – What are the objectives to be accomplished in the area. BA. Space Required – Submit the calculations from the formula in Section IV to identify the number of spaces needed in this subject area and complete Worksheet #1, attached. Teacher planning areas must be provided in building design allowing maximum use of teaching stations. CB. Planned Activities & Group Usages– Include specific actions to be performed in an area such as paint, read, science experiments, audio visual presentation, telecommunications, robotics lab, multiple use areas, etc. 116 Identify if the area is to be used for large or small group instruction, individual student work, team teaching, multiple usage, etc DC. Number of Users – Determine the number of administrators, teachers, aides and pupils to use the area at any one time. E. Group Usages – Identify if the area is to be used for large or small group instruction, individual student work, team teaching, multiple usage, etc. FD. Spatial Requirements Relationships – Identify the spatial relationships of any one space to other areas of the facility whether inside or outside – near to or away from, convenient to media center (as with language arts areas), capability for combining or subdividing areas, the frequency of such adjustments and the square footage needed to do so, etc. Bubble diagrams should be used to show interrelationships of spaces. GE. Storage and/or Support Facilities – Spaces that allow the area to meet its goal: shared storage areas, teacher preparation areas, student work/storage areas, conference rooms, etc. Specific direction as to the cubic feet of storage needed in the specific area. Generally, this denotes built-in storage areas and closets. HF. Environmental Considerations – Acoustical, Visual, Thermal, Climatic and Aesthetic considerations that enhance the practical usage of the specific space. IG. Utility Needs – Utilities needed in the specific area including: water, electrical, toilets, 3-phase power, gas, vacuum capability, telephone, technology wiring, etc. J. Storage – More specific direction as to the cubic feet of storage needed in the specific area. Generally, this denotes built-in storage areas and closets. KH. Display Areas, Furniture & Equipment – Chalkboards, bulletin boards, display cases (linear feet). Describe quantities and types of furniture & equipment to be used in each area. L. Furniture and Equipment – Quantities and types of items to be used in each area. MI. Technology – Specific needs of each space to accommodate the technological delivery system/network incorporated into the facility. NJ. Other – Identify any other specific information essential to each specific area including communications, security, special ventilation requirements and any county adopted design standards. 117 VI. Technology Plan A technical plan for delivery of media, voice, data, graphics, text and telecommunications throughout the school includes a description of the instructional and administrative objectives, the technical structure needed to facilitate the system, the equipment needed to implement the system and the physical/design requirements for incorporating the system into the construction of the facility. The school technology delivery plan shall be based on the technology standards developed for the administration and instructional delivery in new schools. A detailed technology plan shall be developed specific to the project as a part of the educational specifications. The technology plan will identify how technology will be used and how it will support the curriculum delivery model. The plan shall be developed in conjunction with the WV Department of Education Office of Technology and shall: A. Identify current and proposed technology needs B. Establish technology integration strategies C. Identify ideal implementation strategies for every academic and administrative space D. Establish a process for tracking, servicing and updating technology equipment E. Identify security protocol and permissions strategies F. Outline staff development relating to the use of technology G. Identify the infrastructure needs based on the curriculum and instruction programming and match the technology with the skill sets the students are supposed to obtain from the instruction H. Provide the design engineer specific technology needs including backbone requirements that will allow the design of the power and support infrastructure for the school’s technology equipment The technology plan will be developed in accordance with SBA Policy and WV Department of Education Curriculum and Technology guidelines. The plan shall be submitted to the SBA for approval with design development documents. SBA funding to support the technology infrastructure will be conditioned upon SBA approval of the technology plan. VII. Design Criteria and General Architectural Considerations This section should regard the total school complex but may be specified in distinct areas or regard special concerns. Following are some suggested considerations: A. Health and safety B. Quality of building systems and components C. Economies to be attained – instructional, operational, maintenance D. Flexibility and multi-use of spaces E. Efficient circulation patterns 118 F. Community use considerations G. Communication systems – may be incorporated into the Technology Plan H. Accessibility I. Building Security and School Access Safety J. Student Supervision VIII. Educational Specifications Committee Signature Page A signature page for members comprising the Ed. Spec. committee will be included. Names will be organized by the group each individual represents, i.e., teachers, administrators, parents, community leaders, design professional, etc. *Architects – Please be advised that an SBA review will not occur without submittal of the program of spaces and the preliminary educational specifications with schematic drawings and the final educational specification and technology plan submission with the design development submission. Continued development of the building design beyond without written approval of the SBA is at the fiscal risk of the designer and the grant recipient. **Bibliography: A. Conrad, MJ., A Manual for Determining the Operating Capacity of Secondary Schools. Bureau of Educational Research and Service, OSU. B. Castaldi, Basil, The Castaldi Nomogram. The New England School Development Council. C. CEFPI, Phoenix, AZ, A Guide for Planning Educational Facilities. Revised 9/2015 119 302. Architectural / Engineering Supplemental Requirements to AIA B101 (2017) School Building Authority of West Virginia Supplementary Conditions to AIA Document B101-2017 Standard Form of Agreement Between Owner & Architect The following Supplementary Conditions modify the Standard Form of Agreement Between Owner and Architect, AIA Document B101-2017 Edition. Where a portion of the Agreement is modified or deleted by these Supplementary Conditions, the unaltered portions shall remain in effect. Article 1 – Initial Information §1.1.6 Remove Section 1.1.6. in its entirety. §1.2 Delete the second and third sentences in Section 1.2 and substitute the following: Both parties, however, recognize that the Initial Information may materially change, and in that event, the Owner and the Architect may appropriately adjust the Architect’s services, and the Architect’s compensation. The Owner may adjust the Owner’s budget for the Cost of the Work; however, the Owner’s anticipated design and construction milestones, as described in the Grant Contract between the County Board of Education and the SBA, shall not change, unless approved by the SBA. §1.3 Remove the last sentence from Section 1.3. §1.3.1 Make the following changes to Section 1.3.1: Remove the phrase “in AIA Document E203TM-2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202TM-2013, Project Building Information Modeling Protocol Form” and replace it with “in this Agreement” Article 2 – Architect’s Responsibilities §2.1 Add the following sentences to the end of Section 2.1. Notwithstanding the foregoing, Architect is not authorized to hire other design professionals unless doing so was expressly included in the scope of this agreement, or this agreement is appropriately modified by Change Order to include the hiring of other expressly identified design professionals. §2.5 Make the following changes to Section 2.5: 120 Delete the section its entirety and replace it with the following: “The Architect shall maintain the insurance specified in this agreement either below or in other documentation included herewith” §2.5.7 Make the following change to Section 2.5.7: Remove §2.5.7 in its entirety and replace it with the following: “The Owner must be listed as an additional insured on all insurance mandated by this Agreement, excluding professional liability insurance.” Add the following Sections to Article 2: §2.6 The format and minimum standard of quality used by the Architect in preparing specifications for the project shall be in AIA MASTERSPEC or equal, and the Architect shall use the CSI Masterformat numbering system, unless a different standard is approved in writing by the Owner. §2.7 The Architect shall review laws, codes, and regulations applicable to the Architect’s services and shall comply in the design of the Project with applicable provisions of the West Virginia Building Code, the West Virginia Fire Code, and the Americans with Disabilities Act (ADA). The most stringent application of these codes and standards shall apply. In the design of the Project, the Architect shall comply with the requirements imposed by governmental authorities having jurisdiction. Article 3 – Scope of Architect’s Basic Services §3.1.1 Add the phrase “consult with the Owner,” after the word “services” in the first sentence. §3.1.2 Make the following change to Section 3.1.2: In the third sentence, after “shall” add “thoroughly review the services and information for completeness and sufficiency and”. §3.1.3 Delete Section 3.1.3 in its entirety and substitute the following: §3.1.3. The Owner shall provide the Architect the Project Development Schedule as established and agreed to in the Grant Contract between the County Board of Education and the SBA. The schedule includes design phase submission requirements, anticipated bidding dates, and reflects required approval timelines for the SBA and other authorities having jurisdiction over the Project. If the project is delayed at any phase at the county level as a result of timelines not being met, the SBA may require the Owner to pay the delay costs to the SBA. If delay costs are assigned to an Owner as a result of the Architect’s failure to meet the design and bidding schedule, the Owner shall pay the required delay costs and subtract the delay cost amount from the next payment(s) to the Architect. 121 §3.1.6 Delete Section 3.1.6 in its entirety and substitute the following: §3.1.6. The Architect shall furnish and submit substantially completed construction documents to all governmental agencies having jurisdiction over the project on behalf of the Owner and at the Owner’s cost, shall assist the Owner in securing their approval, and shall incorporate changes in the Construction Documents as may be required by such authorities. §3.2.2 Make the following change to Section 3.2.2: In the second sentence, after the word “Architect” add “shall review such information to ascertain that it is consistent with the requirements of the Project and”. §3.2.7 Make the following change to Section 3.2.7: Delete “, and request the Owner’s approval.” and replace with “and to the SBA for approval. The Architect agrees to address any review comments before proceeding to the next phase of design.” §3.3.3 Make the following change to Section 3.3.3: Delete “, and request the Owner’s approval.” and replace with “and to the SBA for approval. The Architect agrees to address any review comments before proceeding to the next phase of design.” § 3.4.2 Delete Section 3.4.2 in its entirety and substitute the following: §3.4.2 Construction drawings, specifications, or other Construction Documents submitted by Architect must be complete and unambiguous and in compliance with all applicable codes, ordinances, statutes, regulations, and laws. By submitting the same, Architect certifies that the Architect has informed the Owner of any tests, studies, analyses, or reports that are necessary or advisable to be performed by or for the Owner at that point in time. § 3.4.3 Add the following sentence to the end of Section 3.4.3: No project bid dates and mandatory pre-bid conference dates shall be set before Construction Documents have been approved by the SBA. All bid dates and pre-bid conference dates shall be coordinated with the SBA Office. § 3.4.5 Delete Section 3.4.5 in its entirety and substitute the following: The Architect shall submit the Construction Documents and the estimate of the Cost of Work to the Owner and the SBA for approval, take any action required under Section 6.5, and agrees to address any review comments before proceeding to the Bidding Phase. §3.5.2.2.4 Remove Section 3.5.2.2.4 in its entirety and replace it with the following: 122 if expressly authorized by Owner, and permitted by applicable procedure and law, organizing and conducting the opening of bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. Add the following to Section 3.5.2.2 .5 The Architect shall submit to the Owner and the SBA within 72 hours of the close of bids a complete Post-Bid Budget for the Project that shows all project costs including, but not limited to: base bid, accepted alternate bids, allowances, soft costs, and contingencies. If a budget deficit occurs, provide the exact amount of overages along with a description of the options the Owner has to solidify the budget. §3.5.3 Negotiated Proposals. Remove Section 3.5.3 in its entirety. § 3.6.1.1 Delete the last sentence in its entirety and substitute the following: The School Building Authority of West Virginia’s Supplementary Conditions to the General Conditions of the Contract for Construction shall be adopted as part of the Contract Documents and shall be enforceable under this Agreement. Add the following Section to 3.6.1: §3.6.1.4 The Architect shall be responsible for conducting bi-weekly progress meetings and for the preparation, distribution, and accuracy of minutes pertaining thereto to all parties as directed by the Owner. §3.6.2.1 Delete the second sentence in its entirety and substitute the following: The Architect shall carefully review the quality and quantity of the Work at appropriate intervals necessary for Architect to remain aware and knowledgeable of issues or problems that have developed, or could reasonably be foreseen, during construction as part of the Architect’s design and contract administration services, shall issue written reports of such reviews to the Owner, SBA, and the Contractor, and further shall conduct any additional reviews at any other time as reasonably requested by the Owner or SBA. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents The architectural firm may utilize a Construction Administrator for project oversight and to attend all construction progress meetings, however, the Project Architect and Engineer responsible for the design shall be present at the project site to attend a minimum of one project meeting per month. This person must have authority to sufficiently informed of all progress and 123 issues in order to expeditiously render decisions on the project in order to avoid unnecessary delays. § 3.6.2.2 Delete the first sentence of 3.6.2.2 in its entirety and substitute the following: The Architect shall have the authority and obligation to reject Work that does not conform to the Contract Documents. In instances where the Contractor has not adhered to the terms of the Contract Documents, the Architect shall, within two business days upon discovery, submit a standard “Notice of Non-Compliance” to the Contractor copying the Owner and the SBA. In instances where the Contractor’s Work does not meet the standards of the Contract Documents, the Architect shall, within two business days upon discovery, submit a standard “Notice of Non-Conformance” to the Contractor copying the Owner and the SBA. Upon correction of the noncompliant or non-conforming work, the Architect shall, in a timely manner, submit to a standard report of resolution of the non-compliant or nonconforming work to the Owner and the SBA copying the Contractor. §3.6.2.4 Delete Section 3.6.2.4 it its entirety and substitute the following: §3.6.2.4 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. The Architect shall also make initial decisions on matters relating to consistency with intent of contract documents, including aesthetic effect, however, the Owner, after consultation with the SBA, reserves the right to make final decisions on issues of consistency with intent and aesthetic effect. §3.6.4.2 Make the following changes to Section 3.6.4.2: Delete the first sentence in its entirety and substitute the following: The Architect shall review and approve or take other appropriate action upon the Contractor’s submittals such as Shop Drawings, Product Data and Samples. The Architect’s review of Contractor’s submittals must determine the following: (1) if such submittals are in compliance with applicable laws, statutes, ordinances, codes, orders, rules, regulations; and (2) if the Work affected by and represented by such submittals is in compliance with the requirements of the Contract Documents. Architect shall promptly notify the Owner and Contractor of any submittals that do not comply with applicable laws, statutes, ordinances, codes, orders, rules, regulations, or requirements of the Contract Documents. Architect is responsible for determining what aspects of the Work will be the subject of shop drawings or submittals. Architect shall not knowingly permit such aspects of the Work to proceed in the absence of approved shop drawings and submittals. The Architect’s action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in 124 the Architect’s professional judgment to permit adequate review. The Architect shall make available a File Transfer Protocol (FTP) site for the project to include all Contract Documents and associated communication documents. In addition, the Architect shall submit to the Owner and the SBA a monthly a log of all formal communication with the Contractor including, but not limited to, Requests for Information, Shop Drawings, Data Samples, or Proposed Changed Orders. In the second sentence, delete the words “or performance”. §3.6.4.5 Make the following change to Section 3.6.4.5: Add “, including a submittal log,” after “The Architect shall maintain a record of submittals”. §3.6.5.2 Make the following changes to Section 3.6.5.2: Section 3.6.5.2 shall now be Section 3.6.5.3. Section 3.6.5.2 shall read as follows: §3.6.5.2 If the Architect and the Owner determine that the implementation of the requested change would result in a change to the Contract that may cause an adjustment in the Contract Time or Contract Sum, the Architect shall make a recommendation to the Owner and the SBA who may authorize further investigation of such change. § 3.6.5.3 Add the following to the end of Section 3.6.5.3: Additionally, the Architect shall review and provide written documentation of the sum of all change order requests and proposals with respect to the following criteria: .1 confirm proposed change is a material change to the Contract; .2 confirm appropriate credits are included for Work not completed; .3 verify that the proposed additional cost or credit is reasonable with respect to industry standards. Cost verifications may, as authorized by Owner, include independent estimates and/or consultations with contractors and vendors; and .4 confirm that the appropriate back-up documentation is included and mathematically correct including mark ups and taxes pursuant to the requirements of the Contract Documents. § 3.6.6.1 Add the clause to the end of Section 3.6.6.1: .5 At approximately 85% of construction or sixty days prior to the projected date of Substantial Completion, the Architect shall assist the Owner in administering a Project Closeout Coordination Meeting involving the Owner, Prime Contractor(s), and SBA Representative. This meeting may be held in coordination with the required bi-weekly construction progress meetings. The purpose of this meeting is to facilitate the coordination of all 125 required closeout procedures as listed in SBA Form 500 – Project Closeout Procedures for the final completion of the Contract. It is recommended that deadlines be established for the submission of specific required documents by the responsible parties. Final payment will not be authorized by the SBA until all closeout conditions are met. Article 4 – Additional Services §4.2.1 Make the following changes to Section 4.2.1: .6 Before the semicolon insert “, provided such alternate bids or proposals are not being used for budget control” .9 Delete this provision in its entirety and replace it with “assist with the Owner and the SBA’s evaluation of the qualifications of entities providing bids or proposals.” §4.2.2 Remove Section 4.2.2 in its entirety. Article 5 – Owner’s Responsibilities §5.2 Make the following change to Section 5.2: In the first sentence, after “The Owner” add “, with Architect’s assistance,” Add the following Section to Article 5: §5.3.1 The Owner and the SBA have the right to reject any portion of the Architect’s Work on the Project, including but not limited to Schematic Design Documents, Design Development Documents, Construction Documents, or the Architect’s provision of services during the construction of the Project, or any other design Work or documents on any reasonable basis or because in the Owner’s opinion, the construction cost of such design is likely to exceed the budget for Cost of the Work. .1 If at any time the Architect’s Work is rejected by the Owner or the SBA, the Architect must proceed when requested by the Owner or the SBA, to revise the design Work or documents prepared for that phase to the satisfaction of the Owner and the SBA. .2 Neither the Owner nor the SBA may reject the Architect’s Work for aesthetic reasons after the Schematic Design Phase is approved. .3 These revisions shall be made without adjustment to the compensation provided hereunder, unless revisions are made to Work 126 previously approved by the Owner and the SBA under previous phases, in which case such revision services will be paid as a Change in Services. .4 Should there be substantial revisions to the original program after the approval of the Schematic Design Documents, which changes substantially increase the scope of design services to be furnished hereunder, such revision services will be paid as a Change in Services. The Architect must so notify the Owner and the SBA of all Changes in Services in writing and receive approval from Owner before proceeding with revisions necessitated by such changes. .5 No payment, of any nature whatsoever, will be made to the Architect for additional Work or Changes in Services without such written approval by Owner. §5.5 Make the following changes to Section 5.5: In the first sentence, delete “shall” and substitute “may” and add the following sentence at the end of Section 5.5: The Owner may, in its sole discretion, request that the Architect secure these services by contracting with a third party. §5.8 Make the following change to Section 5.8: In the third sentence, delete “shall” and substitute “may”. §5.9 Make the following change to Section 5.9: At the beginning of this sentence, insert “Unless otherwise provided in this Agreement,” §5.11 Add the following sentence to the beginning of Section 5.11: The Owner shall be entitled to rely on the accuracy and completeness of services and information provided by the Architect. § 5.15 Remove Section 5.15 in its entirety. Article 6 – Cost of Work § 6.1 Make the following changes in Section 6.1 Delete the phrase “and shall include contractors’ general conditions costs, overhead and profit”. Delete the second and third sentences of Section 6.1 in their entirety and replace with the following: “In the event that Owner plans to utilize its own resources (labor, machinery, or materials) for part of the project, Owner and Architect must discuss the impact of that choice on the design and Cost of the Work prior to executing this Agreement. If Owner and Architect agree that such amounts 127 will be included in the Cost of the Work, then that cost will be determined in advance and incorporated into this Agreement. Failure to do so will result in such costs being excluded from the Cost of the Work. Construction costs do not include costs associated for a construction manager, clerk-of-the-works, construction analyst, licenses, permits, B&O taxes and change orders caused by A&E errors and omissions or change orders which do not require the services of the A&E firm. Fees associated with construction change orders will be reviewed by the SBA and the owner and additional professional service fees will be paid based on services required to effectuate the construction change. §6.3 Delete Section 6.3 in its entirety and substitute the following: §6.3 In preparing estimates for the cost of the Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation, and in consultation with the Owner, to determine what materials, equipment, component systems and types of construction to be included in the Construction Documents, to make reasonable adjustments in the scope of the Project. Add-alternate bids may be included in the Contract Documents to adjust the estimate of Cost of the Work to meet the Owner’s adjusted budget. If an increase in the Contract Sum occurring after execution of the Contract for Construction caused the Project budget to be exceeded, the Project budget shall be increased accordingly. § 6.5 Remove the phrase “shall cooperate with the Architect in making such adjustments” and replace with “may cooperate with Architect in making such adjustments, at its sole discretion.” §6.6.2 After the word “renegotiating” insert “(renegotiation being limited to instances where Owner is legally authorized to renegotiate)” §6.7 Delete Section 6.7 in its entirety and substitute the following: §6.7 If the Owner chooses to proceed under Section 6.6.2, the Architect, without additional compensation, shall assist the Owner in rebidding or renegotiating the Project within a reasonable time. If the Owner chooses to proceed under Section 6.6.4, the Architect, without additional compensation, shall modify the documents which the Architect is responsible for preparing under this Agreement as necessary to comply with the Owner’s budget for the Cost of the Work, and shall assist the Owner in rebidding or renegotiating the Project within a reasonable time. The modification of such documents and the rebidding or renegotiating of the Project shall be the limit of the Architect’s responsibility under Section 6.6. Article 7 – Copyrights and Licenses §7.3 Make the following changes to Section 7.3: 128 In the first sentence, insert “irrevocable, royalty-free, right and” after the word “nonexclusive” and delete the words “solely and exclusively”. Delete the last sentence of Section 7.3 and substitute the following: Upon completion of the Project, or upon termination of this Agreement for any reason prior to the completion of the Project, Owner shall be entitled to retain copies of all Instruments of Service and shall have an irrevocable, royalty-free, right and license to use all of the Instruments of Service for any and all purposes related to the Project in any manner the Owner deems fit, including the following: a. Electronics Filing and Archiving for the purpose of record keeping at Owner designated areas; b. Any future renovation, addition, or alteration to the Project; and c. Any future maintenance or operations issue as it pertains to the Project. The Architect or Architect’s Consultants shall not be responsible for any modifications to the Work made by Owner or Owner’s representatives using the Architect’s Instruments of Service. §7.3.1 Delete the second sentence of Section 7.3.1. Article 8 – Claims and Disputes §8.1.1 Delete Section 8.1.1 in its entirety and substitute the following: §8.1.1 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run pursuant to applicable provisions of the West Virginia Code. §8.1.3 Make the following change to Section 8.1.3: At the beginning of the first sentence, insert “Unless otherwise agreed by the Parties,” Add the following Section to Article 8.1: §8.1.4 The Owner may suffer financial loss if the Architect’s services are not completed within the schedule approved by the Owner in accordance with Section 3.1.3. If so provided, the Architect shall be liable for and shall pay the Owner, as liquidated damages and not as a penalty, any sum(s) stated in this Agreement. Allowances may be made for delays beyond the control of the Architect. All delays and adjustments to the Architect’s schedule must be properly documented and approved by the School Building Authority in accordance with Section 3.1.3. 129 §8.2 Make the following changes to Section 8.2: §8.2.1 In both instances where it appears, delete “binding dispute resolution” and substitute “litigation in the circuit court in which the county the Project resides.” §8.2.2 Delete this Section in its entirety and substitute the following: The parties shall endeavor to resolve their Claims by non-binding mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. § 8.2.3 After the end of the first sentence in Section 8.2.3. add: “In the event that Owner determines that fee sharing is prohibited, the Architect may choose to mediate and pay the entire fee, or the parties will forgo mediation and pursue other available remedies.” §8.2.4 Delete this Section in its entirety and substitute the following: If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of litigation shall be in accordance with Section 8.3. §8.3 Delete Section 8.3 in its entirety and substitute the following: §8.3 Settlement of Claims §8.3.1 The Parties understand that this sovereign immunity and the Constitution of the State of West Virginia prohibit the State and Owner, from entering into binding arbitration. Notwithstanding any provision to the contrary in the Contract Documents, all references to arbitration, regardless of whether they are included in the AIA Document B101-2017 or another related document are hereby deleted §8.3.2 Any claim, dispute or other matter in question arising out of this Agreement which cannot be settled between the parties shall, in the case of the Architect, be submitted to the Circuit Court of the county in which the Project resides. Article 9 – Termination or Suspension §9.1 Make the following changes to Section 9.1: In the first sentence, after “If the Owner fails to make payments to the Architect” add “of undisputed amounts”. In the third sentence, after “In the event of a suspension of services,” add “in accordance herewith”. In the fourth sentence, after “Before resuming services, the Architect shall be paid 130 all sums due prior to suspension and” add “shall negotiate with the Owner for”. §9.2 Make the following changes to Section 9.2: In the first sentence, after “If the Owner suspends the Project” add “for more than 90 consecutive days”. Delete the last two sentences in Section 9.2 and substitute the following: When the Project is resumed, the Owner and the Architect shall negotiate the amount of any compensation the Owner will pay the Architect for expenses incurred in the interruption and resumption of the Architect’s services. The Owner and the Architect shall negotiate any adjustments to the Architect’s fees for the remaining services and the time schedules for completion. §9.6 Make the following changes to Section 9.6: Delete “costs attributable to termination, including the costs attributable to the Architect’s termination of consultant agreements”. §9.7 Delete Section 9.7 in its entirety. Add the following Section to Article 9: §9.10 In the event of any termination under this Article, the Architect consents to the Owner’s selection of another architect of the Owner’s choice to assist the Owner in any way in completing the Project. Architect further agrees to cooperate and provide any information requested by Owner in connection with the completion of the Project and consents to the making of any reasonable changes to the design of the Project by Owner and such other architect as Owner may desire in accordance with applicable practice laws contained in Chapter 30, Article 12 of the West Virginia Code, or elsewhere. Any services provided by Architect that are requested by Owner after termination will be fairly compensated by Owner in accordance with Article 11. Article 10 – Miscellaneous Provisions § 10.1 Make the following changes to Section 10.1: Remove the last sentence referencing arbitration in its entirety. §10.2 Make the following changes to Section 10.2: At the end of the sentence, delete the period and add “, as modified by the School Building Authority of West Virginia Supplementary Conditions to 131 the AIA Document A201-2017, General Conditions of the Contract for Construction.” §10.3 Add the following sentence to the end of Section 10.3: The Architect shall execute all consents reasonably required to facilitate such assignment. §10.6 Add the following sentence to the end of Section 10.6: The Architect shall immediately report to the Owner’s project manager the presence, handling, removal or disposal of, or exposure of persons to and location of any hazardous material which it discovers. §10.8.1 Remove the phrases “after 7 days’ notice to the other party,” and “arbitrator’s order” from Section 10.8.1. Article 11 – Compensation §11.3 Insert the following language as a basis for compensation: Fee adjustments for owner requested change orders, or change orders intended to improve overall quality of the facility will be considered. Compensation will be based on the amount of design, coordination and/or construction administration required to effectuate the change. Fee adjustments must be approved by the SBA. A/E fees for change orders not requiring design changes should be negotiated as an additional service and reimbursed on an hourly basis. A/E fee modifications for change orders for new construction that requires construction document amendments due to design deficiencies will be reviewed on an individual basis by the owner and the SBA and fee adjustments considered if construction has not taken place in the affected area. The Owner will pay for the required labor and material cost to effectuate the change. The A/E fee will only be adjusted based on A/E services required to effectuate the change in the scope of work. A/E fee modifications for change orders on new construction that requires construction document amendments due to items of work inadvertently omitted from construction documents where the construction has taken place in the affected area and demolition is required will be reviewed on an individual basis by the owner and the SBA. If it is determined that the problem should have been resolved by the A/E firm within the building design, the Owner will pay for the required change order and the A/E firm will be back-charged for the change including any demolition and replacement costs plus contractor overhead and profit. The owner will deduct any added 132 value construction received as a result of the change from the amount the A/E firm is being back-charged. A/E fee modifications for change orders on renovation and addition projects will be addressed on an individual project basis. If construction changes are required due to owner requested changes, incorrect as-built information or if it is determined by the owner and the SBA that a condition has occurred that could not have been foreseen by the A/E firm, the A/E firm will be compensated for the design modification based on the additional services required to effectuate the change in work. Contingency allowances shall be established at two percent (2%) for new construction projects and four six percent (4 6%) for each renovation project. Fifty percent (50%) of those contingencies shall be established for Owner requested changes. The remaining fifty percent (50%) shall be established for errors and omissions of the design team. Should the errors and omissions exceed the fifty percent (50%) allocated in the contingency allowance, this information will be noted within the SBA/County, Architect/Engineer evaluation at the conclusion of each project. §11.4 Make the following changes to Section 11.4: After the word “shall”, insert “not exceed a multiple of 1.15 times the amount billed to the Architect for such Additional Services” and delete the rest of that sentence. §11.6.1 Delete the last sentence of Section 11.6.1 in its entirety. §11.7 Delete Section 11.7 in its entirety and substitute the following: §11.7 The Architect’s rates and multiples for service as set forth in this Agreement shall remain in effect for the life of this Agreement unless unforeseen events which are not the fault of the Architect delay the Project completion. In such event, an equitable adjustment in the Architect’s rates may be negotiated with the Owner. §11.8.1 Delete Sections 11.8.1.4 and 11.8.1.5 in their entirety and substitute the following: §11.8.1.4 The expense of reproductions, postage and handling of bidding documents shall be a Reimbursable Expense, however, the expense of reproductions, plots, standard form documents, postage, handling, and delivery of Instruments of Service for the Owner’s use and for review of governmental agencies having jurisdiction over the Project shall not be a Reimbursable Expense but shall be covered in the Architect’s Compensation under §11.1. §11.8.2 133 Delete Section 11.8.2 in its entirety and substitute the following: §11.8.2 For Reimbursable Expenses described in Section 11.8.1.1, compensation to the Architect shall be at actual cost and shall be made pursuant to the Owner’s travel regulations. For those expenses described in Sections 11.8.1.2 through 11.8.1.11, the compensation shall be computed as a multiple of 1.15 times the expenses incurred by the Architect, the Architect’s employees and consultants. §11.9 Architect’s Insurance §11.9 Delete Section 11.9 in its entirety. §11.10.1 Delete Section 11.10.1 in its entirety. §11.10.2 Delete Section 11.10.2 in its entirety and substitute the following: §11.10.2 Payments are due and payable thirty (30) days from the date of receipt of the Architect’s invoice by the Owner. §11.10.2.2 Delete Section 11.10.2.2 in its entirety. Article 12 – Special Terms and Conditions Add the following to AIA B101, Article 12:  The School Building Authority intends to implement Building Information Modeling (BIM) for design and construction of SBA funded projects as follows:  New School Construction Projects beginning in December 2015  All New School Construction and Major Addition and Renovation Projects beginning in December 2016  Implementation of BIM on all projects beginning December 2017.  BIM modeling information data provided to the owners for use in their preventative maintenance data bases state wide by 2019.  Please refer to SBA Form 190 Building Information Modeling (BIM) Guidelines and Standards. Add the following to AIA B 101, Sections to Article 12: §12.1 If the SBA or Owner assigns and Architect determine the services of a Construction Manager (CMa) or Construction Analyst (CA) are necessary to a project, CM and/or CA review comments relative to the clarity of the design intent shall be incorporated into the documents by the A/E unless the A/E determines that the clarifications conflict with applicable codes or standards. The A/E will notify the owner and SBA of comments not being incorporated into the documents. However, should clarification comments not being incorporated into the document result in construction change orders, the SBA will not provide funding for change orders required to incorporate work into project relating to the review comments. 134 §12.2 Quality Control of Bidding and Construction Documents is of paramount importance to prevent unnecessary construction delays and change orders. Based on the project closeout evaluation process, Architectural and/or Engineering firms who demonstrate a pattern of errors and omissions exceeding fifty percent (50%) of the allocated contingency amount, will be required to meet with the Executive Director of the School Building Authority to review the construction documents quality control program the firm has established. In order to provide opportunity for any Architectural and/or Engineering firm cited for excessive errors and omissions within their construction documents, to appreciably improve the quality of their performance prior to being placed on probation, the SBA staff will utilize the following procedure: a. Each project will be monitored by the SBA and if errors and omissions on any project exceed fifty percent (50%) of the allocated contingency, the cited firm shall be noticed in writing of the SBA’s concern, with appropriate documentation to illustrate the errors and omissions cited. The firm cited shall appear before the Executive Director of the SBA to present their reasons for the excessive errors and omissions noted and the firm shall have the opportunity to respond positively with improved performance after the initial notice. b. Continued failure to improve the quality and control of the construction documents will result in the Architectural/Engineering firm being placed on probation and prohibited from performing services on SBA projects for a period of one year. Should the Architectural/Engineering firm desire to appear before the Authority, the firm may appear before the SBA Construction Committee to discuss the citations and justify his uninterrupted participation. c. Probationary status of a firm may be revoked or continued by the SBA’s Construction Committee upon review and deliberation of the SBA staff recommendation at the conclusion of the probationary period. Additional Services Special consultants required by the A/E firm for complex projects will be paid as an additional service by the grant recipient. Special consultants must be approved by the owner and the SBA prior to their use. HVAC Testing, Adjusting and Balancing services shall be contracted directly to the county board. Geotechnical services shall also be contracted directly to the county board (or other grant recipients) unless SBA approval is granted to contract this service to the A/E firm. §12.3 Specialty consultants used by the A/E Firm for the development of project drawings and/or specifications shall not bid on any portion of the 135 construction project. Consultants found to be submitting bids on such projects will be disqualified. Article 13 – Scope of the Agreement Add the following Section to 13.2: §13.2.4 School Building Authority of West Virginia Supplementary Conditions to AIA Document B101-2017, Standard Form of Agreement Between Owner and Architect; Other documents included by the Owner in the solicitation requesting expressions of interest, and the contract award to Architect. END OF SUPPLEMENTARY CONDITIONS TO AIA DOCUMENT B101-2017 136 The Owner and Architect hereby agree to the full performance of the covenants contained herein. IN WITNESS WHEREOF, the Owner and Architect have entered into this Agreement as of the date and year as written below. Owner: Architect : By: By: Title: Title: Date: Date: This Supplementary Conditions to AIA Document B101-2017, Standard Form of Agreement Between Owner and Architect, has been approved as to form on this _______ day of ________________, 20__, by the School Building Authority of West Virginia. Any modification of this document is void unless expressly approved in writing by the School Building Authority of West Virginia. 137 303. Duties and Responsibilities of the Clerk-of-the-Works 303.01. The Local Educational Agency (LEA) shall be required to employ a clerk-of-the-works to monitor all construction projects in excess of $250,000 with a construction cost of $750,000 unless waived by the SBA, or an SBAapproved construction management method is being utilized. Candidates, along with their qualifications, for clerk-of-the-works shall be submitted for SBA review prior to final selection by the educational agency LEA. A clerk-ofthe-works employed by the county through contracted services shall minimally be paid an amount equal to the basic hourly prevailing wage rate of a Journeyman Carpenter as determined by the West Virginia Department of Labor for the project location. The actual time the clerk-of-the-works begins to perform the duties may vary according to the project and the timing of the award of the construction contract. However, the clerk-of-theworks must be given sufficient time to acquaint themselves with the total scope of the project in order to be an effective part of the construction team. 303.02. The School Building Authority requires that the clerk-of-the-works be hired at the same time prior to the project is let for bids. If delays are anticipated in the award of the bid or actual construction/renovation is not scheduled to begin immediately, the clerk-of-the-works must be hired prior to beginning construction and be provided with adequate time to become familiar with the project scope and to be prepared to assist with the project as soon as bids are received and the construction contract is executed. During the bidding process it is conceivable that the clerk-of-the-works may not be required to perform his duties full time. 303.03. Realizing that there are various types of projects requiring the appropriate construction review documentation, tThe responsibilities of the clerk-of-the-works will vary with the scope of each project. The clerk-of-theworks shall not circumvent or eliminate the normal construction responsibilities of the architect/engineer or contractor. However, when applicable, the clerk-of-the-works can be a vital member of the project team and can assist in the project observation and documentation process. At no time shall the Clerk-of-the-Works assume responsibilities of the Architect/Engineer, Architect/Engineers representative or the Contractor in charge of the construction. A Clerk-of-the-works will not be required for projects requiring Construction Managers. 303.04. Duties and Responsibilities of the Clerk-of-the-Works involve, but are not limited to, the following services: 303.041a. Observe the quality and progress of the construction to determine in general that it is proceeding in accordance with the Contract Documents. 303.042. Notify the Owner (LEA), Architect/Engineer and School Building Authority project representative immediately if, in the Clerk-of-the138 Works opinion, work does not conform with the Contract Documents or requires special investigation by the Owner, Architect/Engineer or Contractor. 303.043b. Monitor the construction progress and assist in the preparation of progress reports required by the Owner or School Building Authority. 303.044c. Review Contract Documents with the Contractor’s superintendent so as to have a complete understanding of the scope of the project. d. Consider the Contractor’s suggestions and recommendations, evaluate them, discuss them with the Architect/Engineer, Owner and the School Building Authority’s representative and assist the Architect/Engineer when applicable in making a final decision. 303.045e. Attend project meetings as the Owner’s representative and report to the Owner in writing on the proceedings. 303.046f. Observe tests required by the Contract Documents. Review testing invoices, if any, to be paid by the Owner. 303.047g. Maintain records at the construction site or as directed by the Owner in an orderly manner in accordance with the Owner’s and School Building Authority’s procedures. Include correspondence where applicable, such as Contract Documents, Change Orders, Construction Change Authorizations, Architect’s/Engineer’s Supplemental Instructions, reports of site conferences, Shop Drawings, Product Data, Samples, supplementary drawings, color schedules, requests for payment, names and addresses of contractors, subcontractors and principal material suppliers. 303.048h. Keep a log book containing project progress and reports and submit reports on the progress of the Contractor’s work to the Owner, and the School Building Authority’s project representative. The log must contain activities related to the project, weather conditions, nature and location of work being performed. The Project Architect/Engineer will provide Observation Construction Reports documenting his site visits. i. When applicable, provide assistance to the Architect/Engineer upon request in reviewing Shop Drawings, Product Data and Samples. 303.049j. When applicable, observe the Contractor’s Record Drawings at intervals appropriate to the stage of construction and notify the Owner and Architect/Engineer of any apparent failure by the Contractor to maintain up-to-date records. 139 303.0410k. Review Applications for Payment submitted by the Contractor with the Architect/ Engineer and assist in making recommendations for disposition provide any supplementary information that the A/E may determine to be necessary. 303.0411l. When applicable, assist the Architect/Engineer in reviewing the list of items to be completed or corrected with is submitted by the Contractor with a request for issuance of a Certificate of Substantial Completion. When applicable, assist the Architect/Engineer in reviewing the documentation and record documents to be furnished to the Owner by the Contractor at Substantial Completion, and verify that the Contractor has met the requirements of the Contract Documents for training the Owner’s personnel in the operation and maintenance of all building equipment and systems. 303.0412m. When applicable, assist the Architect/Engineer in final inspection of the work. Assist the Architect/Engineer in reviewing the documentation and record documents to be furnished to the Owner by the Contractor upon completion of the work. n. Assist the Owner on small projects by observing the construction and reporting progress and quality of work being performed by the Contractor. At no time shall the Clerk-of-the-Works assume responsibilities of the Architect/Engineer, Architect/Engineers representative or the Contractor in charge of the construction. o. Clerk-of-the-works will not be required for projects requiring Construction Managers. 140 304. Professional Services of the Construction Analyst PROFESSIONAL SERVICES OF THE CONSTRUCTION ANALYST 304.01. The following is a description of the professional services of the Construction Analyst. The Construction Analyst (CA) will be assigned to select projects by the SBA as projects are approved. When determined necessary by the LEA and Architect, and before the project is submitted for funding SBA consideration, the services of a Construction Analyst may be utilized. The Construction Analyst will act as the owner and SBA representative and provide services as described in the SBA/CA task order agreement. 304.02. Duties and Responsibilities of the Construction Analyst involve, but are not limited to, the following services: 304.021. Generally, the Construction Analyst advises the owner, SBA, and architect at the beginning of the design development phases and these services continue through the construction document phase of the project. The CA construction analyst will provide constructability and document coordination review comments as they relate to the clarity of the documents and estimates of probable cost. 304.021. The Construction Analyst does not assume responsibilities for the design or methods and means for the construction of the facility and does not assume responsibilities assigned to the architect/engineer or contractors performing work on the project. However, the Construction Analyst review comments shall be incorporated in the documents by the A/E unless the A/E determines the clarification will change the design intent or conflict with applicable codes or standards. Should owner, SBA and CA construction analyst clarification comments not incorporated into the documents result in a construction change order, the SBA will not provide funding for the change order. 304.021. The Construction Analyst will provide an estimate of the cost of their service at the schematic design phase of the project before any construction analyst work is to begin. The architect/engineer shall provide the Construction Analyst a copy of the schematic design document information and include all SBA submission requirements (SBA Form 176b). The CA construction analyst will base the cost of services on the scope of work shown on the schematic design. The grant recipient and SBA will approve the cost of the CA construction analyst services and the grant recipient will issue a purchase order for services described in the task order agreement in this section of policy and as required by the project. 304.021. The CA construction analyst will then review and provide services for the design development and bidding document phase of the project. The architect, grant recipient and the SBA will work cooperatively to 141 design the school within the funding available. The process will be as follows: Construction Analyst assigned to an approved project a. Architect/Engineer provides CA construction analyst with schematic design for cost of services quotation b. Cost for services negotiated and grant recipient issues purchase order to the assigned CA for services (SBA will reimburse for cost of services based on the project percentage breakdown in grant contract) c. CA provides design development documents for review comments d. Grant recipient, SBA, A/E and CA construction analyst review and reconcile design development comments e. A/E provides CA construction analyst construction documents for review comments f. Grant recipient, SBA, A/E and CA construction analyst review and reconcile construction document comments. Reconciliation is achieved when all parties agree that the estimate is within 2% of each parties’ estimate or agreement is reached that no further scope of work can be reasonably accomplished and additional funding will be committed to the project if the deficit becomes a reality after the bids are received. Projects with budget differences greater than 2% may only move forward with owner and SBA approval. g. Project proceed to the bidding stage based on agreements reached by all parties regarding design and project cost 304.021. Once bids are received and a construction contract is awarded, the construction analyst contract for services on the specific project is terminated considered complete. Please review the SBA Quality and Performance Standards for additional construction analyst information and requirements. 142 305. Professional Services of the Construction Manager PROFESSIONAL SERVICES OF THE CONSTRUCTION MANAGER 305.01. The SBA Staff will review each project cost and scope of work to determine the project management team. This process will be concluded when each project is approved by the Authority. The Construction Manager (CMa) shall be hired by the SBA in accordance with the procedures in Chapter 5G of the West Virginia Code. When determined necessary by the LEA and Architect, and before the project is submitted for SBA funding consideration, the services of a Construction Manager (CMa) may be utilized. The CMa will be a professional service, assigned to that may be necessary on projects where multiple prime contracting is required and must be in place prior to the conceptual stage of the building design. The Construction Manager shall be contracted directly to the owner with the LEA and represents the owner LEA and SBA interests on the project in accordance with the SBA CMa task order agreement. The AIA Standard Form of Agreement Between the Owner and Construction Manager shall be used. The SBA may require supplemental conditions to the standard agreement and any modifications to the CMa or Architect’s contract will be communicated to all parties prior to the execution of the contract. 305.02. Generally, the Construction Manager advises the owner and architect through all design phases with regard to site suitability, design constructability, document coordination and cost estimating. During the bidding and construction phase, the CMa provides professional services with regards to bid package configuration, construction scheduling, construction phasing and construction administration. 305.03. The Construction Manager does not assume responsibilities for the design or methods and means for the construction of the facility and does not assume responsibilities assigned to the architect/engineer or contractors performing work on the project. 305.04. The Construction Manager will provide preconstruction and construction services as per the AIA C132-2009, or latest approved edition, as well as the SBA task order agreement as indicated on SBA Form 189. The CMa contract shall include provisions for preconstruction document review that will provide, but not limited to, constructability comments, document coordination and estimates of probable cost for all phases of the building design. Any and all documentation or comments provided by the Construction Manager relating to constructability reviews, document coordination and estimates of probable cost for all phases of the building design shall be directed to the Owner by the Construction Manager. 305.05. The architect/engineer (A/E) shall submit the design documents to the CMa, the owner and the SBA for review comments as required in SBA policy and the design contract. All CMa and owner/SBA comments must be 143 satisfactorily addressed by the A/E to assure the project is moving forward with all parties clearly understanding the project scope and cost. All parties will work cooperatively to reconcile the estimate of probable cost. Reconciliation will have been achieved when all parties agree that the estimate is within 2% of each parties’ estimate or agreement is reached that no further scope of work can be reasonably accomplished and additional funding will be committed to the project if the deficit becomes a reality after bids are received. Projects with budget differences greater than 2% may only move forward with owner and SBA approval. CMa review comments relative to the clarity of the design intent shall be incorporated into the documents by the A/E unless the A/E determines that the clarifications will change the design intent of the project or conflict with applicable codes or standards. The A/E will notify the owner and SBA of comments not being incorporated into the documents. However, should clarification comments not incorporated into the document result in construction change orders, the SBA will not provide funding for the change order. 144 School Building Authority of West Virginia Policy & Procedures Handbook Chapter 4 BIDDING AND CONSTRUCTION PROCEDURES 145 400. SBA Supplemental Instructions to Bidders to AIA A701 (2017) (Fmr. Appendix J – Part I) (PART 1 – SBA SUPPLEMENTAL INSTRUCTIONS TO BIDDERS) THE FOLLOWING SBA SUPPLEMENTAL CONDITIONS CHANGE, DELETE FROM OR ADD TO THE AIA A701-1997 INSTRUCTIONS TO BIDDERS AND SHALL BE INCORPORATED INTO THE PROJECT MANUAL UNDER THE INSTRUCTION TO BIDDERS. THIS DOCUMENT SHALL BE PRINTED ON NON-WHITE PAPER TO BE DISTINGUISHED FROM OTHER SPECIFICATION PAGES. School Building Authority of West Virginia Supplementary Instructions to AIA Document A701-2018 Instructions to Bidders The following Supplementary Instructions modify the Instructions to Bidders, AIA Document A701-2018 Edition. Where a portion of the General Conditions is modified or deleted by these Supplementary Conditions, the unaltered portions shall remain in effect. NOTE: THIS DOCUMENT SHALL BE PRINTED ON NON-WHITE PAPER TO BE DISTINGUISHED FROM OTHER SPECIFICATION PAGES. Article 1 – Definitions §1.1 Make the following changes to Section 1.1: In the last sentence after “all other documents” add the phrase “, including all School Building Authority of West Virginia-required documents and forms,” Article 2 – Bidder’s Representations §2.1 Add the following to Article 2.1 Bidder’s Representation: Add the following Section: 2.1.5 .7 the Bidder acknowledges that the failure to have official representation and official registration of attendance at the pre-bid meeting will disqualify contractors from bidding the project. The representative shall be an employee of the company being represented. Should it be determined that the representative is not employed by the company being represented, that company’s bid proposal shall be rejected. Article 3 – Bidding Documents Add the following to Article 3 – Bidding Documents 3.3 Substitutions 3.3.2 Delete the first sentence and add the following: “No substitutions will be considered prior to the receipt of Bids unless a written request for approval has been received by the Architect at least ten days prior to the date for receipt of Bids. 146 3.4 Addenda §3.4.4 Delete Section 3.4.4 in its entirety and replace with the following: §3.4.54 Prior to submitting a bid, each Bidder shall ascertain that the Bidder has received all Addenda Issued, and the Bidder shall acknowledge receipt of all Addenda in the bid using SBA Form 402. Failure to submit SBA Form 184 Certification of the formal Receipt of Addenda form shall result in disqualification of the bid. Article 4 – Bidding Procedures Add the following to Article 4 Bidding Procedures. §4.1.2 Delete Section 4.1.2 in its entirety and replace with the following: 4.1 Preparation of Bids 4.1.5 Add the following sentence: If no Alternate Bid is proposed by the Bidder, write “no bid” Add the following section: §4.1.82 All requested Bid Proposals and Alternate Bids shall be bid. If Bidder elects not to provide such Bid, write “no bid” 4.2 Bid Security §4.1.2 Add the following to the end of section 4.1.2: 4.2.4 .1 Each Bid shall be accompanied by a Bid Bond payable to the Owner for five percent (5%) of the total Bid issued by a solvent surety company with a rating of A.M. Best, A- or better rated and listed on the most current Federal Register, Circular 570, and authorized to do business in the State of West Virginia. Should the Bidder refuse to enter into a contract with the Owner on the terms stated in the Bidding Document or fail to furnish bonds covering faithful performance of the Contract and all obligations arising there under, the full amount of the Bid Security shall be forfeited to the Owner as liquidated damages, not as a penalty. No Bid Bond is required for projects of $25,000 or less. .2 Irrevocable Letter of Credit is not acceptable as a Bid Bond. .3 A certified cashiers’ check is not acceptable as a Bid Bond. .4 Personal securities are not acceptable as a Bid Bond. Add the following Section to Article 4.2 §4.2.5 Failure of the Prime Contractor to supply all required post bid documentation (including all information required to be submitted by the Prime Contractor’s Subcontractors) to the SBA within the stipulated time frame will result in disqualification of the bid and forfeiture of the bid bond. 4.3 Submission of Bids §4.3.1 Delete Paragraph Section 4.3.1 in its entirety and replace with the following: Bids shall be submitted using the three-envelope system. 147 §4.3.1.1 All of the following must be included and sealed in an opaque envelope labeled “Envelope #1”: .1 A valid Bid Bond, Certification of Receipt of Addenda (SBA 184), Bid Certification Form (SBA 157) and .2 A copy of the Bidder’s valid WV West Virginia Contractor’s License, .3 West Virginia Purchasing Affidavit, completed and signed .4 copy of the WV West Virginia Drug Free Work Place Affidavit (SBA 188), completed and signed and the State of WV Purchasing Affidavit (SBA 185), shall be sealed in an opaque envelope labeled “Envelope #1”. .5 SBA Certification of Receipt of Addenda (SBA Form 402), completed and signed .6 SBA List of Major Subcontractors (SBA Form 403-A), completed and signed §4.3.1.2 The completed and signed bid form shall be sealed in an opaque envelope labeled “Envelope #2 Bid Form”. §4.3.1.3 Envelopes #1 and #2 and the SBA Bid Checklist & Certification Form (SBA Form 183 401), completed and signed shall be sealed inside of an opaque envelope addressed to the party receiving the bids, and shall be identified with the project name, the bidder’s name and address and the designated portion of the work for which the bid is submitted. §4.3.1.4 If the bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation “Sealed Bid Enclosed” on the face thereof. Failure to provide any the required documentation will result in disqualification of the bid being submitted. Should the bid be disqualified under this provision, the required bid bond will be returned to the bidder. §4.3.2 Delete this Section 4.3.2 in its entirety and replace with the following: §4.3.2 In accordance with WV Code Section §5-22-2 (a), the public entity accepting bids shall designate the time and place the bids will be received. No public entity may accept or take any bid, including receiving a hand delivered bid, after the time advertised to take bids. 4.4 Modification or Withdrawal of Bid Add the following Section to Article 4.4: §4.4.54 Bids may not be withdrawn for a minimum period of thirty (30) days following the date of receipt of Bids without forfeiture of bid security as liquidated damages, not as a penalty. Should the actual bid documents indicate additional time for bid withdrawal, the bid documents shall prevail. 148 Article 5 – Consideration of Bids Add the following to Article 5 – Consideration of Bids. §5.2 Rejection of Bids. Delete paragraph Section 5.2 in its entirety and replace with the following: §5.2 The Owner shall have the right to reject any or all Bids or to reject a Bid which has been deemed incomplete or irregular, in accordance with Section West Virginia Code §5-22-2 (b) of the WV Code. Should the bid be considered erroneous, the bidder must provide undisputable evidence of the error. If upon receipt of evidence, the bid is determined to be erroneous, the required bid bond will be returned to the bidder. 5.3 Acceptance of Bid – (Award of Contract) §5.3.1 Delete Section 5.3.1 and replace with the following Revise 5.3.1 to read as follows: It is the intent of the Owner to award a Contract to the lowest qualified responsible Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available. The Owner shall have the right to accept the Bid or Bids which, in his judgment, is in his own best interest. §5.3.2 Delete Section 5.3.2 and replace with the following Revise 5.3.2 to read as follows: The Bidder will note that Bids consist of the Base Bid and several related add or deduct Alternate items, all comprising items entering into the project and forming the contract as a whole. These several parts of the Proposal furnish the basis of arriving at the awarding of the contract. The Owner may award the contract on the basis of the Base Bid alone, or if and when conditions warrant, accept any such Alternate items appearing on the proposal, in no a sequential prioritized order, thereby reducing or increasing the amount of the Base Bid. Add the following Sections to Article 5.3 Revise 5.3.3 to read as follows: §5.3.3 The contract shall be deemed as having been awarded when formal notice of award has been duly served upon the intended awardee (i.e., the bidder to whom the Owner contemplates awarding the contract) by an authorized individual representing the agency receiving bids. Terms of the contract shall not be deemed to have been perfected until a satisfactory surety bond equal to 100% of the contract sum has been furnished to the owner by the successful bidder, at his own expense as a guarantee of contract performance. Add the following: §5.3.4 Pursuant to the laws of the State of West Virginia, the School Building Authority of West Virginia must award bids only to the lowest qualified responsible bidder. Therefore, when utilizing any portion of state funds for a project, county boards of education must consider the factors in 149 SBA Criteria for Selection of Lowest Qualified Bidders, and the information from the Contractors Qualification Statement, when making a determination as to whether a contractor’s bid is not only the lowest, but the most qualified. §5.3.5 Any bidder adversely affected by the intended decision of the Owner to award a contract or to reject all bids shall file a notice of protest and bond with the Owner within seventy-two (72) hours after the issuance of the intent to award. A formal written protest shall be filed with the Owner with ten (10) days after filing the notice of protest with the Owner, stating with particularity the facts and law upon which the protest is based. §5.3.6 All notices of protest and formal protest shall be filed with the Owner. §5.3.7 A protest is not timely filed unless both the notice of protest and the formal protest are received by the Owner within the required time limits. A written notice of protest which is filed by 4:00 p.m. on the date on which the seventy- two (72) hours expires is timely. If such a date is Saturday, Sunday or a legal holiday, the period shall run until 4:00 p.m. of the next day that is not a Saturday, Sunday or a legal holiday. §5.3.8 The Owner has the sole authority to review the protest and render a decision. The LEA’s Purchasing Director of the County, or his/her designee, shall review the protest and issue a written decision. A hearing may be conducted at the option of the Director or assigned designee. §5.3.9 If the bidder is not satisfied with the Owner’s decision, they may take appropriate legal action through the West Virginia court system. Any bidder who files a notice of protest with the West Virginia Court System in a bid rejection or an award pursuant to this section shall post with the Owner, at the time of filing the notice of protest, a bond payable to the Owner in an amount equal to one percent (1%) of the lowest bid submitted, or $5,000, whichever is greater. §5.3.10 All protest bonds shall be made payable to the Owner and shall be signed and sealed by the protestor and surety. The bonds shall bind the protestor and surety and be conditioned upon the satisfaction of any cost and charges included in any final order of judgment of appellate proceedings, in the event that the Owner prevails. In lieu of a bond, the protestor may submit a cashier’s check or bank money order made payable to the Owner, the monies shall be held in trust by the Owner. §5.3.11 If the protesting party prevails after completion of the protest and any appellate court proceedings, it shall be entitled to recover from the Owner all costs and charges included in the final order or judgment, 150 excluding attorney’s fees. If the Owner prevails it shall recover all costs and charges included in the final order or judgment excluding attorney’s fees. Upon payment of such costs and charges by the protestor, the bond shall be returned. The entire amount of the bond shall be forfeited if the hearing officer determines that a protest was filed for a frivolous or improper purpose including, but not limited to, the purpose of harassing, causing unnecessary delay or causing needless expense for the Owner or successful bidder. §5.3.12 The Owner shall be considered the prevailing party if the protestor withdraws the protest at any time before the entry of the final order. Article 6 – Post-Bid Information Add the following to Article 6 Post Bid Information §6.1. Contractor Qualification Statement. Delete paragraph Section 6.1 in its entirety and replace with the following: §6.1 Qualification of Contractors §6.1.1 A completed Contractor Qualification Statement (SBA 105) will be is required of any Contractor and/or subcontractor to be submitted to the School Building Authority for review. This confidential information will be used by the SBA for evaluation of the low bid contractors on the project. Therefore, the SBA shall determine whether or not the provided information satisfies the intent of the required form. The contractor qualification statement will only be required once annually, and updated documents will be required from low bid contractors once the current contractor qualification statement has expired. The Qualification Statement must be submitted 72 hours after the close of the bid opening and prior to the award of bids and will be used in the bid review process by the Owner and SBA. The confidential reviewed financial statement section of this document shall be submitted to the SBA by the lowest qualified bidder (s) within 72 hours of the close of the bid opening and prior to the execution of contracts or agreements between the local board of education and the contractor(s). Review Financial statements shall not be required of any subcontractor covered by the Prime Contractor’s surety. The latest available financial information must be used. Minimum requirements for financial statements provided by lowest qualified bidder are: a. Accountants compilation report; b. Balance sheet; c. Income statement; d. Statement of changes in retained earnings; e. Statement of cash flows; and f. Notes to the financial statement. Contractors that are not already on probationary status with the SBA shall be deemed qualified upon the review and acceptance of all required submission information by the appropriate parties as outlined in this document. 151 6.1.3 In addition to the financial statement, the successful low bid contractor(s) shall submit a completed Affidavit of Debt Paid (SBA Form 177) to the owner and SBA within 72 hours of the close of the bid. §6.1.24 Construction Contractors or, Subcontractors or Equipment/Material Suppliers who have demonstrated a pattern of poor and/or non-compliant work performance as documented by the SBA, shall be deemed unqualified and will be placed on probationary status for a minimum period of one year, which disallows the Contractor and the Firm’s License Holder from bidding or being a Subcontractor to future SBA-funded work. Contractors and License Holders may be placed on Probationary Status by the School Building Authority for any single reason or a combination of reasons described below: a. A failure to comply with the construction schedule and phasing plan established in the bidding documents which has been documented by the SBA, b. A history of documented non-compliant actions or inactions relating to a project’s Contract Documents, c. A history of documented non-conformant work relating to a project’s Contract Documents, d. Project administrators and/or designers, or designees whose infractions of the State Prevailing Wage Rate codes has Division of Labor Laws have been documented by multiple with a series of citations from the West Virginia Department of Labor or e. whose A Contractor’s Contract for Construction has been terminated for just cause as described in the latest SBA approved AIA Contract Document General Conditions, will be placed on for a minimum period of one year beginning at the time of probationary status. Such contractor may be removed from probationary status pending review of their continued work history performance by the SBA at the conclusion of their probationary period 6.1.5 In order to provide opportunity for any contracting, subcontracting or equipment/material firm cited for poor or non-compliant work to appreciably improve the quality of their performance prior to being placed on probation, the SBA staff will utilize the following procedure: a. The cited firm shall be noticed in writing of the SBA’s concern, with appropriate documentation to illustrate the poor or non-compliant work, and the firm cited shall appear before the Executive Director of the SBA to present his reasons for failure to respond positively with improved performance after the initial notice. b. Continued failure to improve poor or non-compliant performance will result in the probation. The contractor will be invited to appear at the SBA meeting to discuss the citations and justify his uninterrupted participation. 152 c. Probationary status of a firm may be revoked or continued by the SBA’s Construction Committee upon review and deliberation of any SBA staff recommendation at the conclusion of the probationary period. §6.2 Remove Section 6.2 in its entirety. §6.3 Submittals: Delete paragraph Sections 6.3.1 thru 6.3.43 in their entirety and replace with the following: §6.3.1 Submittal of Complete List of Subcontractors & Major Equipment / Materials Suppliers (SBA Form 403-B): §6.3.1.1 The apparent low bidder(s) submitting the lowest qualified bid(s) as determined by the results of the bid opening shall submit a listing SBA Form 403-B – Complete List of all Subcontractors and all major Equipment / Materials Suppliers proposed for each major branch of work itemized and described in the contract documents for the project in order to meet the requirements of WV Code §5-22-1(g). This information shall be provided to the Owner, Architect, and SBA office on SBA Form #123 403 B within two hours by 4:00 PM Eastern Standard Time on the day after the completion of the bid opening. If the apparent low bidder is not evident at the close of bidding, all prime contractors must submit the completed SBA Form #123 to the SBA office within two hours of the completion of bids if they feel under any bidding combination their bid may be considered as the low bid. Bidding contractors are required to be present at the bid opening or obtain bid results from the owner in order to determine the bid results and the apparent low bidder(s). For each category of work that requires a Subcontractor or Equipment / Materials Supplier that exceeds a value of $25,000, the bidder shall clearly and legibly list each Category of Work and the corresponding Subcontractor and Equipment/Materials Supplier’s name and valid Contractor license number. The bidder shall not list multiple Subcontractors and Equipment/Materials Suppliers for the same category of work. The bidder shall not list a different Subcontractor than the Subcontractor listed on SBA Form 403-A that was provided at the time of bid. §6.3.1.2 Each bidder is required to establish the reliability and responsibility of all Subcontracts and Equipment/Materials Suppliers being proposed to perform the work. Contractors, Subcontractors and/or Equipment/Materials Suppliers on SBA Probationary Status are prohibited from bidding any SBA project for a period of at least one year from the date the contractor is notified. It is the responsibility of any contractor soliciting bids or quotes from subcontractors to verify the eligibility of all proposed subcontractors and equipment/material suppliers being proposed to perform the work. Additionally, the list of SBA probationary contractors will be provided to the owner by the SBA and this information will be communicated by the owner to the contractors, when applicable. A review of the proposed subcontractors and equipment/material suppliers shall be conducted by the 153 Architect/Engineer, Owner and representatives of the School Building Authority. The bidder may be requested to change an unsatisfactory subcontractor or equipment/material supplier. Proposed subcontractors or equipment/material suppliers found to be unsatisfactory jointly by the Owner, Architect/Engineer or School Building Authority and the contractor, shall be changed to an acceptable subcontractor or equipment/material supplier at no additional cost to the Owner, as the contractor has full responsibility for execution of the work. .3 Failure to submit a list of subcontractors and major equipment and material suppliers to the SBA office as described on the SBA Form #123 within two hours after the completion of the bid shall result in disqualification of the bid and forfeiture of the required bid bond. §6.3.1.3.4 A copy of all contractors and subcontractors licensing certificate must be submitted to the agency receiving bids Owner via the Architect for review prior to the award of construction contracts. §6.3.1.4.5 Prior to the award of the contract, the Architect/Engineer will make a preliminary review of the major equipment and materials lists submitted and advise the bidder through the Owner, of the acceptance thereof, and of such other actions as may be necessary in order to meet the requirements of the contract documents. Should it develop that any of the materials or equipment named in the list do not meet the requirements and intent of the specifications, the Contractor shall be required to furnish to the Owner other materials or equipment acceptable and fully complying with the specifications at no change in contract price. Preliminary review and acceptance of the listing provided shall not relieve the Contractor from furnishing equipment and materials in complete accordance with the specifications. §6.3.1.5.6 Written approval shall be obtained from the Architect/Engineer covering any substitution of equipment or materials. Substitutions are may be permitted in the following instances: a. Failure to meet quality and intent of specification and/or b. Failure of the supplier or manufacturer to meet delivery schedules or other conditions of the contract. §6.3.1.6.7 During the 72 hours immediately following the bid opening, the SBA Architect shall review the information provided on the required SBA Form 123 403-A and 403-B to determine if the provided information satisfies the intent of the forms. The Owner/SBA reserves the right to reject the proposal of any bidder who fails to furnish all required equipment and material information necessary to meet the intent of the form. 154 §6.3.1.7.8 The SBA recommends that all prime contractors receiving quotations for bids require a scope of work letter from all subcontractors be sent to the general contractor receiving the quotation at least 24 hours before submission of the bid. The letter should identify the items being quoted, the scope of work included or not included in the price quotation that will be provided and most importantly, receive confirmation from the subcontractor that they understand the requirements and constraints of the project schedule. The SBA will not allow a prime contractor or a subcontractor to change or alter the bid after the bid opening as a result of miscommunication between the general contractor and subcontractors or supplier quoting the project. §6.3.1.8.9 Each bidder acknowledges responsibilities for each of its subcontractors, thus accepts responsibility of those subcontractors’ ability to meet the project timelines established. Therefore, failure of the Prime bidder to take all available actions with regards to requiring the Subcontractor to meet the project schedule may result in disciplinary action on the Prime bidder and the Subcontractor by the SBA. §6.3.2 Bid Certification Delete Section 6.3.2 in its entirety and replace with the following: §6.3.2 1. In accordance with West Virginia Code §5-22-1, Article 22, the lowest qualified responsible bidder submitting bid on SBA-funded projects must certify that all provisions within this code and SBA provisions that supersede this code have or will be met prior to execution of the construction contract. Failure to comply with these provisions will result in the disqualification of the bidder and forfeiture of the required bid bond. §6.3.3 Payroll Certification and Employment Reporting Delete Section 6.3.3 in its entirety. 1. In preparation of bids, contractors are reminded that all SBA projects are subject to state laws regarding payment of prevailing wage rates as in Chapter 21 of the West Virginia Code. §6.3.4 Make the following changes to Section 6.3.4: In both instances where “Owner and Architect” is listed, remove and replace with “SBA” §6.3.5 Add the following Sections to Article 6.3: Taxes: (Contractor Registration Certificate and Tax Releases) §6.3.5 1. Each Bidder must be registered with the West Virginia Department of Tax and Revenue prior to the time and date for Receipt of Bids in order for his Bid to be considered. .1 If any Bidder is not registered with the Tax and Revenue Department, an application should be made to the West Virginia State Tax Department of Tax and Revenue, Capitol Complex, Charleston, WV 25305, Taxpayers Services Division at 1124 Smith Street, Charleston, WV in 155 the Albert T. Summers Center State Office Building and complete Form 801, all required registration documentation so that a registration number may be assigned prior to the time and date for receipt of Bids. §6.3.6 Contractor Licensing: §6.3.6.1 All Contractors doing business in West Virginia must be licensed to perform work in the State as required by West Virginia Code §21-11 – the West Virginia Contractor Licensing Act. The ACT requires but is not limited to In addition to the provisions as listed, the following applies to School Building Authority-funded projects: a. A contractor’s license number shall be included in all contracting advertisements and all fully executed and binding contracts. b. All approved subcontractors must be licensed, and a copy of their current license number must be submitted with all quotations to the general contractor. Pursuant to the Act, general contractors are required to only accept quotations from subcontractors licensed to perform work in West Virginia. Additionally, the SBA Form 123 requires the subcontractor’s name, address and license number to be submitted to the SBA office within two hours of the close of bids and a copy of all general and subcontractors licensing certificates must be submitted to the agency receiving bids for review prior to the award of construction contracts. Failure to submit the SBA Form 123 to the SBA office within the two-hour time frame will result in disqualification of the bid and forfeiture of the bid bond. Article 7 – Performance Bond and Payment Bond § 7.1 Delete Article 7 in its entirety and substitute the following language: (Moved from Section 11.4 of SBA Supplemental General Conditions) § 7.1.1 The Contractor to whom any contract is awarded, shall pay for, execute and deliver to the Owner via the Architect, within ten (10) days after award of contract by Owner and before signing the Contract with the Owner a corporate surety Performance and Labor and Material Payment Bond that meets the following criteria: a. The bond must be executed on AIA Document A312 (or equivalent form), b. the Surety Company must have to be executed by an A.M. Best, A- or better rated rating surety company and must be listed on the most current Federal Register, Circular 570, c. The Company must be and which is authorized to do business in the State of West Virginia d. The bond must be which is satisfactory to and approved by the Owner and the SBA in the sum of one hundred percent (100%) of the amount of the contract, insuring the full and faithful performance of the work and payment in full for all materials, machinery, equipment and labor, and covering all the guarantees called for in the specifications and all other 156 obligations arising there under. The Labor and Material Payment Bond shall be in the sum of one hundred percent (100%) of the contract amount. § 7.1.2 All Prime Contractors performing work on SBA projects must be covered by a performance bond and must be included on the list of subcontractors submitted to the SBA (Form 123). The Owner will not accept responsibility for direct payments to subcontractors performing work on projects by way of consignment. No Performance Bond is required for projects of $25,000 or less. § 7.1.3.2 Should the successful Bidder fail or refuse to deliver the required bond and all other Contract Documents, properly executed within ten (10) days after receipt of the Owner’s letter of intent to award a Contract and prior to the execution of the Contract, the successful Bidder shall forfeit the security deposited with his Bid as liquidated damages, not as a penalty. § 7.1.4.3 Items that are NOT acceptable as a Performance Bond include, but are not limited to: a. an irrevocable Letter of Credit is not acceptable as a Performance Bond. b.4 A certified cashiers’ check is not acceptable as a Performance Bond. c.5 Personal securities are not acceptable as a Performance Bond. § 7.1.5.6 Failure of a construction firm to satisfactorily perform the work specified in the contract documents will result in the owner executing their rights, pursuant to the conditions of the contract documents, to declare a construction contract default under the provisions of the AIA General Conditions of the Contract for Construction established for this project. If the construction firm’s surety company is notified of their responsibility for the completion or remediation of incomplete or non-compliant work, said construction firm may no longer be eligible to bid future projects funded by the School Building Authority of West Virginia. Article 8 – Enumeration of the Proposed Contract Documents LIST THE CONTRACT DOCUMENTS REQUIRED ON EACH SBA PROJECT 157 401. SBA Supplemental General Conditions to AIA A201 (2017) (Fmr. Appendix J – Part II) (PART 2 –SUPPLEMENTAL GENERAL CONDITIONS) THE FOLLOWING SBA SUPPLEMENTAL CONDITIONS CHANGE, DELETE FROM OR ADD TO THE “GENERAL CONDITIONS” OF THE CONTRACT AIA DOCUMENT A201 AND SHALL BE INCORPORATED INTO THE PROJECT MANUAL. THIS DOCUMENT SHALL BE PRINTED ON NON-WHITE PAPER TO BE DISTINGUISHED FROM OTHER SPECIFICATION PAGES. School Building Authority of West Virginia Supplementary Conditions to AIA Document A201-2017 General Conditions of the Contract for Construction The following Supplementary Conditions modify the General Conditions of the Contract for Construction, AIA Document A201-2017 Edition. Where a portion of the General Conditions is modified or deleted by these Supplementary Conditions, the unaltered portions shall remain in effect. NOTE: THIS DOCUMENT SHALL BE PRINTED ON NON-WHITE PAPER TO BE DISTINGUISHED FROM OTHER SPECIFICATION PAGES. Article 1 – General Provisions 1.1 Basic Definitions §1.1.1 The Contract Documents – Delete the last sentence and add substitute the following: The Contract Documents also include Bidding Requirements Documents, (Advertisement or Invitation to Bid, Request for Quotations/Bids, Instructions to Bidders, Supplemental Instructions to Bidders, Form of Proposal, Sample forms, and the portions of the addenda relating to bidding requirements), the Contractor’s Bid, Bid Bond, Contractor’s Qualification Statement, List of Major Subcontractors, Complete List of Subcontractors and Equipment/Material Suppliers, and other documents listed in the Agreement, Performance Bond, Payment Bond, Maintenance Bond (if applicable), Certificates of Insurance. §1.1.2 Delete the last sentence in Section 1.1.2 in its entirety and replace with the following: The Architect and the Contractor shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of their respective duties. §1.1.9 Add the following Section at the end of Article 1.1: §1.1.9 Litigation Litigation refers to a civil action instituted in the Circuit Court in the County in which the Project is located. §1.2.1.1 Make the following changes to Section 1.2.1.1: 158 In the second sentence, remove “any law” and insert “West Virginia law or any applicable federal law”. In the last sentence, remove “by law” and insert “West Virginia law or any applicable federal law”. §1.7 Delete the last sentence of this section in its entirety. §1.8 Remove this section in its entirety and replace it with the following: “Any use of, or reliance on, all or a portion of a building information model must be approved in advance by Owner and will only be permitted if the Parties have agreed upon and executed written documents to memorialize protocols governing the use of, and reliance on, the information contained in the model.” Article 2 – Owner § 2.1.1 Add the following after the last sentence of Section 2.1.1: Notwithstanding the foregoing, the parties understand that since Owner is a grant recipient of the School Building Authority of West Virginia (SBA), all change orders require review by the SBA prior to approval by the Owner. Additionally, approval may be required by agencies of the federal government if funding is provided by an agency of the United States federal government. §2.1.2 Delete Section 2.1.2 in its entirety. §2.1 Add the following Section to Article 2.1: §2.1.3 The Owner and the agency funding the project reserve the right to maintain a full time or part time project representative (sometimes referred to as the “Clerk of the Works”) at the project site who shall keep the Owner informed of the progress and quality of the Work and responsibilities. The Contractor shall cooperate with the Clerk of the Works in the performance of his/her duties. The Clerk of the Works will not interfere with or be responsible for the Contractor’s supervision and direction of the Work, and the Contractor’s means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work. The Clerk of the Works may facilitate communications between the Owner, Architect, and Contractor but has no authority to make decisions for the Owner, approve modifications to the Contract Documents, the Contract Time, or Contract Sum. Additionally, Contractor is not permitted to rely on or consider decisions made by the Clerk of the Works on behalf of Owner. §2.2 Delete Article 2.2 and all of its subsections in its entirety. §2.3 Information and Services Required of Owner 159 §2.3.2 Make the following changes to Section 2.3.2: In first sentence, delete the period and add “, when required pursuant to West Virginia Code §30-12-1 et seq.” §2.3.3 Delete Section 2.3.3 in its entirety. §2.3.4 Delete the last sentence of Section 2.3.4 and substitute the following: The Contractor shall confirm the locations of each utility. If the Owner has provided geotechnical and other tests to determine subsurface conditions, the Owner will provide such documents to the Contractor; the Contractor acknowledges that it will make no claims for any subsurface or any other conditions revealed by these tests. Article 3 – Contractor §3.2.2 Add the following sentence to the end of Section 3.2.2: Claims by Contractor resulting from its failure to familiarize itself with the site shall be deemed waived. Additionally, by submitting a bid or otherwise entering into this contract, Contractor acknowledges that it has reviewed and understands the contract documents and the work required by those documents. Any claims arising from Contractor’s failure to review and understand the contract documents shall be deemed waived. §3.2.3 Delete Section 3.2.3 in its entirety and substitute the following: §3.2.3 The Contractor acknowledges its continuing duty to review and evaluate the Construction Documents during performance of its services and shall immediately notify the Owner and the Architect about any problems, conflicts, defects, deficiencies, inconsistencies or omissions it discovers in or between the Construction Documents; and variances it discovers between the Construction Documents and applicable laws, statutes, building codes, rules and regulations. § 3.2.4 Add the following clauses to Section 3.2.4: §3.2.4.1 If the Contractor performs any Work which it knows or should have known involves a recognized problem, conflict, defect, deficiency, inconsistency or omission in the Construction Documents; or a variance between the Construction Documents and requirements of applicable laws, statutes, building codes, rules and regulations, without notifying the Owner and the Architect prior to receiving written authorization from the Architect to proceed, the Contractor shall be responsible for the consequences of such performance. 160 §3.2.4.2 Before ordering any materials or doing any Work, the Contractor and Subcontractors shall verify all measurements at the site and shall be responsible for the correctness of same. Discrepancies shall be reported in writing to the Architect prior to proceeding with the Work. No extra charge or compensation will be entertained due to differences between actual measurements and dimensions indicated on the drawings, if such differences do not result in a change in the scope of Work or if the Architect failed to receive written notice before the materials were ordered, or the Work was performed. §3.4.1 Add the following sentence and clauses at the end of Section 3.4.1: §3.4.1 Vendor must review and comply with the following statutory requirements affecting public construction projects, as well as any other applicable laws that are not referenced herein: a. West Virginia Code §5-19-1 et seq., relating to domestic steel preference. b. West Virginia Code §21-1C-1 et seq., relating to local hiring preference c. West Virginia Code §21-1D-1 et seq., relating to drug free workplace requirements. §3.4 Add the following Sections to 3.4: §3.4.4 Where materials and equipment are to be provided by the Owner under the Contract Documents, the Contractor shall notify the Owner in writing as to when materials and equipment are required on the project site in sufficient time to avoid delay in the Work. §3.4.5 The Contractor shall employ labor on the Project or in connection with the Work, capable of working harmoniously with all trade crafts and any other individuals associated with the Project. The Contractor shall also use its best efforts and implement policies and practices to minimize the likelihood of any strike, work stoppage or other labor disturbance. Except as specifically provided in this Agreement, Contractor shall not be entitled to any adjustment in the Contract sum or Contract time and shall be liable to the Owner for all damages suffered by the Owner occurring as a result of work stoppages, slowdowns, disputes, or strikes by the work force of or provided by Contractor or its Subcontractors. §3.5 Add the following sentence at the end of Section 3.5: The Contractor agrees to assign to the Owner at time of Final Completion of the Work, any and all manufacturer’s warranties relating to materials and labor used in the Work and further agrees to perform the Work in such a manner so as to preserve any and all such warranties. 161 3.7 Permits, Fees, Notices and Compliances with Laws Add the following Section: 3.7.6 For the Owner’s records, the Contractor shall submit copies of permits, licenses, certifications, inspection reports, releases, notices, receipt for fee payments, correspondence and records established in conjunction with compliance with standards and regulations bearing upon performance of the work. §3.8.3 Make the following change to Section 3.8.3: §3.8.3 Delete “with reasonable promptness” and insert “in sufficient time to avoid delay in the Work.” Add the following Section to Article 3.8: §3.8.4 The Contractor shall promptly submit to the Owner an itemized account of any expenditure by the Contractor of the Contract allowance in sufficient detail to allow the Owner to properly account for such expenditure. 3.9 Superintendent §3.9.1 Add the following sentence to the end of Section 3.9.1: The Contractor may also employ a competent project manager. §3.9.2 Make the following changes to Section 3.9.2: In the first sentence, add “and project manager, if applicable” after “superintendent.” In the second sentence, add “or project manager, if applicable,” after “superintendent.” §3.9.3 Make the following changes to Section 3.9.3: In the first sentence, add “and project manager, if applicable,” after “superintendent.” In the second sentence, add “or project manager, if applicable,” after “superintendent.” §3.9 Add the following Sections to 3.9: §3.9.4 The Owner shall have the right, at any time, to direct a change in the Contractor’s representatives if their performance is deemed unsatisfactory. §3.9.5 The General Trades Contractor’s on-site project Superintendent is to provide full-time project supervision and is not to perform work with tools. §3.10 Contractor’s Construction and Submittal Schedules – Delete Section 3.10.1 in its entirety and substitute the following: §3.10.1 The Contractor, prior to submission of the second pay application, shall prepare and submit for the owner’s and architect’s information, create a contractor’s Critical Path Method (CPM) Construction Schedule for the Work in accordance with the requirements of SBA’s 162 Construction Schedule Requirements Form 187. The Schedule must be submitted to the Owner and the Architect 10 business days prior to submission of the first pay application. The schedule shall not exceed the time limits as defined in the contract documents and shall update or revise every 30 days. The Contractor shall submit an updated Construction Schedule with each payment application. Thereafter, all Prime Contractors shall review and provide written approval of the construction schedule and each subsequent revision thereof. The schedule shall be related to the entire project to the extent required by the contract documents and shall provide for expeditions and practicable execution of the work. The Contractor shall provide a Cash Flow Schedule Projection as described in SBA Policy & Procedures Handbook, Chapter 410. §3.10.2 Delete this section in its entirety and substitute the following: § 3.10.2 The Contractor shall submit a submittal schedule for the Architect’s approval. The submittal schedule shall (1) be submitted simultaneously with the CPM Construction Schedule. (2) be coordinated with the CPM Construction Schedule, and (3) allow the Architect reasonable time to review submittals. If the Contractor fails to provide submittals in accordance with the approved submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals Add the following Section to 3.10: §3.10.4 At any time after the first thirty (30) days of the Contract Time, if it is found that the project progress is not sufficient to maintain the Critical Path and scheduled Completion Date, the Contractor shall create a recovery schedule based on the specifications described in the SBA Policy & Procedures Handbook, Chapter 410. §3.11 Insert the following sentence at the end of Section 3.11: The Contractor’s compliance with this Section 3.11 shall be a condition precedent to any obligation of the Owner to make Final Payment pursuant to this Agreement. §3.15.2 Delete Section 3.15.2 in its entirety and substitute the following: §3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and may withhold such reasonable costs as necessary for the fulfillment of the Contractor’s obligation under this Section 3.15. If the reasonable costs of such cleaning exceed the Contract Sum then due the Contractor, the Contractor shall reimburse the Owner the difference within thirty (30) consecutive calendar days of the Owner’s written request. 163 Any materials, tools, supplies, or other personal property left by the Contractor shall be deemed abandoned property and the Owner shall have no obligation to hold or store the property on behalf of Contractor and may dispose of the abandoned property as if it were property of the State of West Virginia. Provided however, that prior to treating property as abandoned and disposing of it, Owner must first provide Contractor with 10 days’ notice of its intent to do so. If any materials, tools, supplies or other personal property belong to a subcontractor, then Contractor is obligated to communicate this notice to its subcontractor immediately. §3.15 Add the following Section to 3.15: §3.15.3 In order to achieve Substantial Completion, as defined by Section 9.8, for any portion of the Work, the Contractor must have the area where the Work is located fully cleaned and all materials and/or debris removed from site. The Certificate of Substantial Completion will not be issued until the Contractor has met this obligation. 3.18 Indemnification Delete Section 3.18.1 in its entirety and substitute the following: 3.18.1 The Contractor agrees to indemnify and hold harmless the Owner, the Architect, the Architect’s consultants, and the officers, principals, shareholders, agents and employees, of any of them from and against all claims, demands, actions, causes of action, damages, losses, fines, civil penalties, and expenses, including but not limited to attorney’s fees, arising or resulting (or alleged to arise or result), in whole or in part, from the performance of the Work or from any act or omission of the Contractor, a Subcontractor, a Sub-subcontractor, or any other person furnishing labor, services, materials or equipment with respect to the Work as well as anyone employed directly or indirectly by them or anyone for whose acts or omissions they may be liable, regardless of whether such claim, demand, action, cause of action, damage, loss, fine, civil penalty or expense may have or is alleged to have arisen or resulted from an act or omission of any party indemnified hereunder; provided, however, Contractor’s obligations hereunder shall not be construed to apply to any claim, demand, action, cause of action, damage, loss, fine, civil penalty or expense arising solely from the negligence of any person indemnified hereunder. Contractor’s indemnity obligation set forth above shall extend to the claim of any employee of the Contractor, of a Subcontractor, a Sub-subcontractor, or any other person furnishing labor, services, materials, or equipment with respect to the Work, of anyone employed directly or indirectly by them or of anyone for whose acts they may be liable. Contractor’s indemnity obligations shall survive termination of this Agreement. Delete Section 3.18.2 in its entirety and substitute the following: 3.18.2 In claims against any person or entity indemnified under this Section 3.18 made by an employee of the Contractor, a Subcontractor, a 164 Sub-subcontractor, or any other person furnishing labor, services, materials, or equipment with respect to the Work, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this section 3.18 shall not be limited by a limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers compensation acts, disability benefit acts or other employee benefit acts. Article 4 – Administration of the Contract Architect 4.2 Administration of the Contract §4.2.1 Make the following changes to Section 4.2: §4.2.1 In the first sentence of Section 4.2.1 after the word Architect add “, unless otherwise indicated by the Owner,”. §4.2.2 Revise Delete the first sentence of Section 4.2.2 to read as follows and substitute the following: §4.2.2 The Project Architect/Engineer responsible for the design of the facility shall attend a minimum of one (1) construction progress meeting each month, to become generally familiar with the progress and quality of the portion of the Work completed, to aide and assist with questions or issues that have arisen during construction, and to determine, in general, if the Work observed is being performed in a manner indicating that the work, when fully completed, will be in accordance with the Contract Documents. This person must have authority to render decisions on the project in order to avoid unnecessary delays. §4.2.3 In the first sentence of Section 4.2.3 strike the word “reasonably.” §4.2.4 Delete Section 4.2.4 in its entirety and substitute the following: §4.2.4 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect’s consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate Contractors shall be through the Owner and the Architect. §4.2.5 Add the following sentence at the end of Section 4.2.5: The Architect upon receipt of an Application for Payment from the Contractor shall either review and certify such amounts due for payment or return such Application for Payment to the Contractor for correction(s) within five (5) consecutive business days of receipt. 165 §4.2.7 Make the following changes to Section 4.2.7: Delete the first sentence and substitute the following: The Architect will review and approve, or take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data and Samples for the purpose of checking for conformance with the Contract Documents. Delete the second to last sentence it in its entirety and replacing it with the following: The Architect’s review shall not constitute approval of safety precautions or of any construction means, methods, techniques, sequences, or procedures, unless the Architect has established the required construction means, methods, techniques, sequences, or procedures, or the Contract Documents require such approval. §4.2.8 Make the following change to Section 4.2.8: In the first sentence, after the word Architect add “, in consultation with the Owner,”. Add the following Section to Article 4.2: §4.2.15 The School Building Authority (SBA) of West Virginia reserves the right to visit projects at intervals deemed necessary to observe the progress of construction. The SBA field representative shall have such responsibilities as the SBA may delegate. Article 5 – Subcontractors §5.2.1 Make the following changes to Section 5.2.1: Delete the first sentence in its entirety and substitute the following: Using the standard SBA Form 403-A – List of Major Subcontractors (due with the bid) and SBA Form 403-B – Complete List of Subcontractors and Major Equipment / Materials Suppliers (due by 4:00 PM the day following the bid), the Contractor shall notify the Owner, Architect, and SBA of the persons or entities proposed for each principal portion of the Work, including those who are to furnish materials or equipment fabricated to a special design. Add the following sentence to the end of Section 5.2.1. This provision in no way limits the Contractor’s legal obligations to report subcontractors and labor/material suppliers under W. Va. Code § 522-1(f) and obtain approval under W. Va. Code § 5-22-1(g) prior to any subcontractor substitution. Should the Contractor desire to substitute a Subcontractor that is listed on the SBA Form 403-B or add a Subcontractor 166 that is not listed on the SBA Form 403-B, detailed justification must be provided and prior approval in writing must be obtained by the Owner, Architect, and the SBA. §5.4 Contingent Assignment of Subcontracts: This section is removed in its entirety and replaced with the following: §5.4 Emergency Contracts with Subcontractors: In the event that the general contractor fails to fulfill its contractual obligations and the performance bond has failed to provide an adequate remedy, Owner has the right to execute emergency contracts with subcontractors to ensure continuation of the work, provided that doing so is in compliance with the laws, rules, and procedures governing emergency contracting authority for Owner, and the emergency contract terms comply with all other applicable laws, rules, and procedures. Article 6 – Construction by Owner or by Other Separate Contractors (Only Applicable in Multiple Prime Contractor Situations) 6.1 Owner’s Right to Perform Construction and To Award Separate Contracts Delete Sections 6.1.1 through 6.1.34 in their entirety and add the following Sections: §6.1.1 Multiple Prime Contracts. The Contractor acknowledges that the Owner will may contract with other Prime Contractors for other parts of the Project under conditions of the Contract identical or substantially similar to these. The term Contractor in the Contract documents shall, in each case, mean the Contractor who executes each separate Owner-Contractor Agreement. In preparing its Bid, the Contractor has carefully reviewed those documents made available to it by the Owner or Architect relating to the scheduling and nature of other contracts which may be awarded and has submitted a proposal which takes into account the need to coordinate its Work with that of other Prime Contractors. The Contractor further agrees that time is of the essence in completion of the Work and that the Work will be completed promptly and according to the Project Schedule. It is the express obligation and duty of the Contractor under this Contract to coordinate its Work with the Work of other Prime Contractors to achieve such completion. §6.1.2 Contractor’s Duty to Coordinate. The Contractor shall not impede, hinder or delay any other Prime Contractor in the performance of its work. It is the Contractor’s duty to communicate with any other Prime Contractor who will be performing work which may connect, compliment, interfere with or otherwise be dependent upon the Contractor’s Work and to resolve any disputes or scheduling or coordination issues with such other Prime Contractor. All Prime Contractors are responsible, jointly and severally, for coordinating their various sections of work as to scheduling, installation 167 procedures, Shop Drawings and installation of related materials. Provided that the Contractor does not thereby assume responsibility for acts or omissions of the other contractors, if required to do so by the Construction Manager, the Contractor shall review the actual progress of other Prime Contractors work on a monthly basis and advise the Owner as to whether the Request for Payment submitted by any other Prime Contractor is in accordance with the actual progress of the corresponding work. §6.1.3 Owner’s Coordination Duties. Neither the Owner nor the Architect has any obligation express or implied to coordinate or schedule the Work of Contractor with that of other Prime Contractors. §6.1.4 Third Party-Beneficiary. Each other Prime Contractor has a right to performance of Contractor’s obligations under this Article 6. Contractor agrees that such other Prime Contractors are third-party beneficiaries of its obligations under this Article 6 and that Contractor will be a third-party beneficiary of all other Prime Contractors’ obligations under the same provisions appearing in their respective Contract Documents. §6.1.5 Contractors’ Liability to Each Other. In the event that any other Prime Contractor performing work should hinder, delay or damage the Contractor’s Work or should otherwise cause loss (including acceleration costs) or injury to the Contractor, Contractor agrees that it shall look solely to such other Prime Contractor for relief therefore. Neither the Owner nor the Architect shall be responsible for any such hindrance, delay, damage, loss, or injury, and the Contractor will, in no event, attempt to hold the Owner or Architect liable for the costs thereof. The Contractor shall not make: (a) any claim for adjustment of Contract Sum or Contract Time, equitable or otherwise, against the Owner based on any of the foregoing; (b) a claim of any type against the Architect arising from such hindrance, delay, damage, loss or injury. Similarly, the Contractor agrees that it will be legally responsible to any other Prime Contractor performing work related to the Project and will indemnify the Owner and Architect against any claim, suit loss, injury, damage or delay including, but not limited to, acceleration costs incurred as a result of delay, caused, in whole or part, by the Contractor. The Contractor and its Performance Bond surety shall indemnify and hold harmless the Owner, and the Architect from and against any claim brought against any of them by another Prime Contractor including costs, expenses and attorneys’ fees incurred by any of them as a result of the Contractors alleged acts or omissions. 6.2 Mutual Responsibility Delete Section 6.2.3 in its entirety. Article 7 – Changes in the Work 168 §7.1.2 In Section 7.1.2. remove the word “alone” and insert “with approval by the Owner.” §7.2 Add the following Section to 7.2: §7.2.2 A written Change Order as defined under 7.2.1 above constitutes a final settlement of all matters relating to the change in the Work which is the subject of the Change Order, including, but not limited to general conditions, all direct or indirect costs associated with such change and any and all adjustment to the Contract Sum and Contract Time. The parties also understand and agree that since Owner is a grant recipient of the School Building Authority of West Virginia (SBA), all change orders require review by the SBA prior to approval by the Owner. Additionally, approval may be required by agencies the federal government officials if funding is provided by an agency of the United States federal government. Owner and Contractor must discuss the change order approval requirements prior to executing this agreement. Add the following section to § 7.2 §7.2.3. Allowance for Overhead and Profit: Contractor’s overhead and profit for a change order issued under this Article included in the total cost to the Owner shall not exceed the criteria of the following schedule: .1 For the Contractor, for any Work performed by the Contractor's own forces, fifteen percent (15%) of the cost. .2 For the Contractor, for Work performed by the Contractor's Subcontractor, ten percent (10%) of the amount due the Subcontractor. .3 For each Subcontractor or Sub-Subcontractor involved, for any Work performed by that Subcontractor's own forces, fifteen percent (15%) of the cost. .4. For each Subcontractor, for Work performed by the Subcontractor's Sub-subcontractors, ten percent (10%) of the amount due the Sub-subcontractor. .5 Cost to which overhead and profit is to be applied shall be determined in accordance with Section 7.3.7. Estimated labor hours shall include hours only for those workmen and working foremen directly involved in performing the Change Order work. Supervision above the level of working foremen (such as general foremen, superintendent, project manager, etc.) is considered to be included in the allowance for Overhead and Profit. Hand tools are defined as equipment with a value of $1,000 or less. For Contractor owned equipment, the "bare" equipment rental rates allowed to be used for pricing Change Order proposals shall be not more than the monthly rate listed in the most current publication of The AED Green Book divided by 176 to arrive at a maximum hourly rate to be applied to the hours the equipment is used performing the Change Order work. .6 In order to facilitate checking of quotations for extras or credits, all proposals, except those so minor that their propriety can be seen by inspection, shall be accompanied by a complete itemization of costs 169 including labor, material, equipment and Subcontractors. Details to be submitted will include detailed line item estimates showing detailed materials quantity take-offs, material prices by item and related labor hour pricing information and extensions (by line item or by drawing as applicable.) Where major cost items are Subcontracts, they shall also be itemized as prescribed above. In no case will a change be approved without such an itemization. .7 Local Business and Occupation Taxes, if applicable, shall be calculated on the cost of the Work, overhead and profit. .8 Overhead and profit shall not be calculated on changes in the Work involving unit prices. Unit prices are to have overhead and profit included in the price quoted. .9 Under no circumstances is Contractor permitted to charge for the passage of time (often referred to as general conditions or winter conditions) without an identified, itemized, and concretely provable cost borne by Contractor. Contractor has a duty to mitigate costs during a delay period to the fullest extent possible and Contractor will not be paid for costs that could have been mitigated. Calculating a daily delay rate without properly identifying, itemizing, and proving actual, unmitigatable costs, is prohibited. Contractor understands and accepts that it has the responsibility to prove that costs could not be mitigated prior to submitting a request for payment. §7.3.4 Make the following change in Section 7.3.4: In the fourth line of the first sentence, delete the words "an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount” and substitute "an allowance for overhead and profit in accordance with clauses 7.3.11.1 through 7.3.11.9 below." §7.3.7 Delete the word “recorded” and replace it with “processed”. §7.3.9 Delete Section 7.3.9 in its entirety and substitute the following: §7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment provided these amounts have been added to the Contract by an approved Change Order. §7.3.10 Add the following sentence to the end of Section 7.3.10: The Parties will utilize their best efforts to issue a change order within 60 days of agreement being reached, but failure to do so will not give rise to grounds for contract cancellation, penalties, or any other cause of action. Add the following Section to 7.3: 170 §7.3.11 In Section 7.3.7, the allowance for overhead and profit for a change directive issued under this Article included in the total cost to the Owner shall not exceed the following schedule: .1 For the Contractor, for any Work performed by the Contractor's own forces, fifteen percent (15%) of the cost. .2 For the Contractor, for Work performed by the Contractor's Subcontractor, ten percent (10%) of the amount due the Subcontractor. .3 For each Subcontractor or Sub-Subcontractor involved, for any Work performed by that Subcontractor's own forces, fifteen percent (15%) of the cost. .4. For each Subcontractor, for Work performed by the Subcontractor's Sub-subcontractors, ten percent (10%) of the amount due the Sub-subcontractor. .5 Cost to which overhead and profit is to be applied shall be determined in accordance with Section 7.3.7. Estimated labor hours shall include hours only for those workmen and working foremen directly involved in performing the Change Order work. Supervision above the level of working foremen (such as general foremen, superintendent, project manager, etc.) is considered to be included in the allowance for Overhead and Profit. Hand tools are defined as equipment with a value of $1,000 or less. For Contractor owned equipment, the "bare" equipment rental rates allowed to be used for pricing Change Order proposals shall be not more than the monthly rate listed in the most current publication of The AED Green Book divided by 176 to arrive at a maximum hourly rate to be applied to the hours the equipment is used performing the Change Order work. .6 In order to facilitate checking of quotations for extras or credits, all proposals, except those so minor that their propriety can be seen by inspection, shall be accompanied by a complete itemization of costs including labor, material, equipment and Subcontractors. Details to be submitted will include detailed line item estimates showing detailed materials quantity take-offs, material prices by item and related labor hour pricing information and extensions (by line item or by drawing as applicable.) Where major cost items are Subcontracts, they shall also be itemized as prescribed above. In no case will a change be approved without such an itemization. .7 Local Business and Occupation Taxes, if applicable, shall be calculated on the cost of the Work, overhead and profit. .8 Overhead and profit shall not be calculated on changes in the Work involving unit prices. Unit prices are to have overhead and profit included in the price quoted. .9 Under no circumstances is Contractor permitted to charge for the passage of time (often referred to as general conditions or winter conditions) without an identified, itemized, and concretely provable cost borne by Contractor. Contractor has a duty to mitigate costs during a delay period to the fullest extent possible and Contractor will not be paid for costs that could have been mitigated. Calculating a daily delay rate without 171 properly identifying, itemizing, and proving actual, unmitigateable costs, is prohibited. Contractor understands and accepts that it has the responsibility to prove that costs could not be mitigated prior to submitting a request for payment. §7.4 Minor Changes in Work. Insert the following sentence at the end of section 7.4: “Contractor may request that Architect provide written confirmation that Owner has agreed to the minor change, and if requested, Architect will provide it.” Article 8 – Time §8.3.1 In the first sentence, delete “unusual delay in deliveries,” and add “unmitigatable costs attributable to unavoidable casualties and” before the words “adverse weather conditions.” Add the following Section to: 8.4 Acceleration .1 If the Contractor is behind the construction schedule to such an extent that the Owner or Architect reasonably determines that the Contractor will be unable to meet any milestone the completion date established by the Contract Documents or to substantially complete the Work in the Contract Time, the Owner may direct the Contractor to accelerate its work. Such acceleration may include employing such additional forces or paying such additional overtime wages as may be required to place the progress of the Work to allow contractor to meet future milestone completion dates and achieve substantial completion within the Contract Time. Such acceleration shall be accomplished at the Contractor’s own cost. Contractor shall also pay any additional sums which may become due to the Architect as a result of such acceleration. If the Contractor voluntarily accelerates its work to maintain the construction schedule, it shall likewise do so at its own cost. Under Multiple Prime Contracts if the cause of Contractor being behind schedule is another Prime Contractor(s)’s failure to fulfill its obligations under Article 6, Contractor shall make its claim for acceleration costs solely against such Prime Contractor(s) and not against the Owner or Architect. Article 9 – Payments and Completion §9.1.2 Add the following sentence to the end of section 9.1.2: “Any equitable adjustment of unit prices must be processed as a change order to the contract.” Add the following to Article 9 Payments and Completion. 172 §9.2 Schedule of Values. Delete this Section 9.2 in its entirety and replace with the following: §9.2.1 The Contractor shall provide a complete, itemized breakdown of the “Schedule of Values” for the work of this contract. This “Schedule of Values” must be submitted by each Prime the Contractor with the CPM Construction Schedule, the Submittal Schedule, and the Cash Flow Projection Schedule ten (10) working days prior to the first application for Payment by the Contractor prior to the first application for Payment by the Contractor, and approved by Architect, County Owner and SBA, prior to the first payment. Unless otherwise required, each line item must include its allocable share of the Contractor’s overhead and profit. The Prime Contractor is to follow the following guidelines in development of the “Schedule of Values”: .1 a) The “Schedule of Value” shall be prepared in such detail and must be supported by such data to substantiate its accuracy as required by Architect, County Owner and SBA. .2 b) The “Schedule of Values” shall be broken down by Specification Section, then Phase, Section and/or Floor, then product, then Material & Labor, as appropriate for the Project, and as required by Architect, County Owner, and SBA. See the below example. c) The “Schedule of Values” shall be broken down in such detail where no single activity exceeds $100,000. In the event a single activity exceeds $100,000 (i.e. equipment, pre-assembled unit, etc.) the Contractor must notify the Architect in writing and obtain approval from the Architect, County and SBA. .3 d) The “Schedule of Values” shall utilize action words for description of an activity, i.e. install, place, rough-in, etc. .4 e) The “Schedule of Values” shall provide a breakdown for labor, material and equipment, as appropriate and as required Architect, County Owner and SBA. Section 0000 1 Phase/Section/Area/Floor “A” Product X Material Cost Labor Cost Product Y Material Cost Labor Cost Phase/Section/Area/Floor “B” Product X Material Cost Labor Cost Product Y Material Cost Labor Cost 173 Section 0000 2 Phase/Section/Area/Floor “A” Product S Material Cost Labor Cost Section 0000 3 Etc. §9.2.2 At the Owner’s discretion, and approved in advance in writing, the Contractor may invoice for off-site stored materials. The off-site stored materials must be verified by a representative of the County Owner prior the approval for payment. All off-site stored material for which payment is being sought shall be scheduled for three (3) months prior to installation. Off-site stored materials shall be stored within the State of West Virginia, unless otherwise approved. Also, the Contractors must provide the Owner with a proof of cost (i.e.– sales receipt) and certificate of insurance from an approved insurance carrier for the value of full replacement of materials stored off-site; also naming the County Owner and SBA as additionally insured. 9.3 Applications for Payment. Add the following: §9.3 Make the following changes to Section 9.3: §9.3.1 In the first sentence add “and the Owner” after the first reference to the Architect and add “and other required documents” after the words “schedule of values.” §9.3.1.3 Add the following at the end of Section 9.3.1.3: A 5% retainage will be maintained throughout the construction period. The Owner will pay 95% of the portion of the Contract Sum properly allocable to labor, material and equipment incorporated in the work, and of materials and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the most current submitted Application for Payment, less the aggregate of previous payments. Add the following Sections to Article 9.3: §9.3.4 The School Building Authority (SBA) of West Virginia reserves the right to review all Contractors’ Applications for Payment and/or CPM Construction Schedules and may request additional documentation to substantiate the request and. The SBA, in cooperation with the Owner and the Architect, may make adjustments as deemed appropriate or may require that the Application for Payment and/or CPM Construction Schedule be resubmitted. Add the following Section: 174 §9.3.5 Applications for payments from the SBA must be accompanied by an SBA Exhibit B Requisition Form, SBA 104A and a copy of the invoice and a description of work completed including materials/equipment used for the project. Requisitions must be received by the depository and the SBA by the 5th day of the month in which payment is being requested. Payments will be processed and mailed to the grant recipient on the 15th day of the same month. The SBA reserves the right to review requests for payment and make adjustments when they deem necessary. Note: An approved Critical Path Method (CPM) construction schedule must be in place submitted ten (10) business days prior to the submission of the second first pay application being requested. The approved schedule shall be updated monthly and submitted with each pay application. All Prime Contractors shall review and provide written approval of construction schedule and each subsequent revision thereof. Failure to comply with this provision will result in delayed processing of this and all future pay applications until the owner and SBA approved schedule is in place. §9.4.1 Make the following changes to Section 9.4.1: After the phrase “in the full amount of the Application for Payment,” insert the phrase “less any retainage withheld pursuant to section 9.3.1.3,”. §9.6.7 Delete Section 9.6.7 in its entirety. §9.6.8 Delete Section 9.6.8 in its entirety. §9.7 Make the following changes in Section 9.7: In line two, change "seven days" to "sixty days." In line four, delete “binding dispute resolution” and substitute "the West Virginia Claims Commission" §9.8.1 Add the section to 9.8.1: §9.8.1.1 At approximately 85% of construction or sixty days prior to the projected date of Substantial Completion, the Contractor shall actively participate in a Project Closeout Coordination Meeting involving the Owner, Architect, Prime Contractor(s), and SBA Representative. This meeting may be held in coordination with the required bi-weekly construction progress meetings. The purpose of this meeting is to facilitate the coordination of all required closeout procedures as listed in SBA Form 500 – Project Closeout Procedures for the final completion of the Contract. It is recommended that deadlines be established for the submission of specific required documents by the responsible parties. Final payment will not be authorized by the SBA until all closeout conditions are met. §9.8.3 Add the following clause to Section 9.8.3: If Architect is required to perform more than one inspection under this subsection, Contractor shall be responsible for paying the Owner for the cost 175 of the additional inspection, which will be paid by Owner to Architect, at the hourly rate established in the contract between Owner and Architect. §9.8.5 Make the following changes to Section 9.8.5 Substantial Completion: In the second sentence, change the phrase “make payment of retainage” to read “make partial payment of retainage.” Add the following to the end of Section 9.8.5 The Owner will pay upon Substantial Completion of the Contracted Work, a sum sufficient to increase the total payments to 95% of the Contract Sum, less such amounts as the Architect and the Owner shall determine for all incomplete work, rejected work and unsettled claims as provided in the contract documents. The final 5% retainage shall not be released until the Grant Recipient, Architect/Engineer and the School Building Authority have received satisfactory evidence of the completion of all work required by the contract documents, including all rejected work and the resolution of all unsettled claims. §9.10.2 Add the following Sections to the end of 9.10.2: 9.10 Final Completion and Final Payment 9.10.2 .1 A State tax release form will be filed with the West Virginia Department of Tax and Revenue by the local board of education upon receipt of the final payment request from the contractor. Final payment will only be processed after the Local Board of Education Agency (LEA) has received evidence from the Department of Tax and Revenue indicating appropriate state taxes has been paid on completed construction projects in West Virginia. Affidavit of Debt Paid – In accordance with West Virginia Code 5A-3-10a, Contractors are required to submit an Affidavit of Debt Paid (SBA Form 177). This form shall be submitted to the county board of education or contracting agency along with other closeout documents. .2 Should the Architect determine during the final inspection that the remaining work is not completed in accordance with the terms and conditions of the contract documents, the Contractor shall be responsible for all costs associated with the Architect’s return visits. Costs shall include, but are not limited to, hourly wage, mileage reimbursement, accommodations, and miscellaneous reimbursables. §9.10.3 Add the following clause to Section 9.10.3: §9.10.3.1 Unless and to the extent final completion is delayed through no fault of the Contractor as provided in Section 9.10.3, the Owner shall be 176 under no obligation to increase payments above ninety-five percent (95%) until final completion of the Work is Certified by the Architect. Add the following Section to Article 9: §9.11 Liquidated Damages §9.11.1 It is acknowledged that the Contractor’s failure to achieve substantial completion of the Work within the Contract Time provided by the Contract Documents will cause the Owner to incur substantial economic damages and losses of types. The Owner shall and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by the Owner of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for such delay, tThe Contractor agrees that liquidated damages may be assessed and recovered by the Owner as against Contractor and its Surety, in the event of delayed completion and without should the Owner being required to present any evidence of the amount or character of actual damages sustained by reason thereof; therefore Contractor shall be liable to the owner for payment of liquidated damages in the amount indicated below for each day (Sundays and Holidays included) that Substantial Completion is delayed beyond the Contract Time as adjusted for time extensions provided by the Contract Documents determined by the Owner’s computation. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and Contractor shall pay them to Owner without limiting Owner’s right to terminate this agreement for default as provided elsewhere herein. Liquidated damages will be assessed as follows: Project Cost Liquidated Damage Up to $1,000,000 $750.00/per day $1,000,000 to $5,000,000 $1,000.00/per day Over $5,000,000 $2,000.00/per day §9.11.2 Allowances may be made for delays due to shortages of materials and/or energy resources, subject to proof by documentation, and also for delays due to strikes or other delays beyond the control of the Contractor. All delays and any claim for extension of Contract Time must be properly documented in accordance with Section 15.1.5 by the Contractor and must be made within the time limits stated in Section 15.1.2. Article 10 – Protection of Persons and Property §10.2.8 Make the following changes to Section 10.2.8: In the first sentence, delete “within a reasonable time not exceeding 21 days” and substitute “immediately”. §10.3.3 177 Delete Section 10.3.3 in its entirety. Article 11 – Insurance and Bonds §11.1.1 Add the following to the end of Section 11.1.1: 11.4.4 Workers Compensation Coverage shall be provided on the project by all Contractors. Contractors shall purchase and maintain workers’ compensation insurance from a licensed carrier authorized to provide such coverage in the State of West Virginia. Proof of continued Workers Compensation coverage throughout the duration of the project shall be provided on the certificate of coverage. 11.3 Property Insurance Add the following Section: 11.3.11 Additional Requirements: .1 2 The General Contractor for Multiple Prime Contracts is responsible for providing Builder's Risk Insurance meeting the requirements of this Section 11.3 for all Prime Contractors. See Section 11.5.1 for values and named insured. Payment of deductibles shall be the responsibility of the Prime Contractors’ prorated by percentage among the claimants based on value of claim. General Contractor shall act as the fiduciary for distribution of insurance proceeds to the insured in the manner described in Section 11.3.8. .2 3 The Single Prime Contractor (Including Site Prep) is responsible for providing Builder's Risk Insurance meeting the requirements of this Section 11.3. See Section 11.5.1 for values and named insured. Payment of deductibles shall be the responsibility of the Contractor. Contractor shall act as the fiduciary for distribution of insurance proceeds to the insured in the manner described in Section 11.3.8. Add the following Section to Article 11.1: §11.1.5 Insurance §11.1.5.1 In furtherance of Article 11 of General Conditions, eEach contractor furnishing labor and materials shall provide insurance in the following categories and for the stated minimum amounts. All insurance shall be written to show evidence of the following: The Architect and the Owner shall be ADDITIONALLY INSURED on the contractor’s policy. The Contractor shall be the NAMED INSURED. Part One - Worker’s Compensation Contractors shall purchase and maintain workers’ compensation insurance from a licensed carrier authorized to provide such coverage in the State of West Virginia. Part Two - Employer’s Liability – Limits Required: $1,000,000 – bodily injury by accident/each accident $1,000,000 – bodily injury by disease/per policy 178 $1,000,000 – bodily injury disease/each employee Coverage must include broad form employer’s liability and a waiver of subrogation from workers’ compensation carrier. Contractor’s Public Liability Insurance - Limits Required: $2,000,000 – General Aggregate $1,000,000 – Products Complete Operations Aggregate $1,000,000 – Personal & Advertising Injury Limit $1,000,000 – Each Occurrence Limit Commercial General Liability must include: Explosion, Collapse and Underground Property Damage. Coverage required if contractor’s operations warrant such coverage. If blasting operations, separate blasting coverage is required. Contractual Liability Coverage covering claims involving Contractor’s contractual liability including Contractor’s indemnity obligations set forth in Section 3.18 Automobile Liability Insurance Limits Required: $1,000,000 – Per Accident Provide “Any Auto” Coverage Excess Liability Insurance Limits Required: $2,000,000 – Combined Single Limit Occurrence $2,000,000 – Aggregate Builders Risk and Property Insurance 100% Completed Value Form (refer to Division 1 Section "Allowances" for Multiple Prime Contracts) Coverage Format: All Risk including flood, earthquake and theft Coverage shall include transit and off-site storage/secondary location limit amount that exceeds any shipment or off-site storage material value before payments to contractor for off-site stored materials are approved. Proof of coverage limits exceeding accumulated value of materials stored is required. Name Insured shall be Owner, Contractor, and all Subcontractors ATIMA. Single Prime Contractor (Including Site Prep) is responsible for providing Builder’s Risk Insurance. Deductibles shall be stated in the Certificate of 179 Insurance. Payment of Deductibles shall be the responsibility of the Contractor. The General Contractor for Multiple Prime Contracts is responsible for providing Builder’s Risk Insurance for all Prime Contractors. Deductibles are to be a maximum of $2500 per occurrence and shall be stated in the Certificate of Insurance. Payment of deductibles shall be the responsibility of the Prime Contractors’ prorated by percentage among the claimants based upon value of claim. Names Insured shall be, the Contractor and all Subcontractors As Their Interests May Appear (ATIMA). The Owner, Construction Analyst or Construction Manager and Architect are to be listed as additionally insured. Deductibles shall be stated in the Certificate of Insurance. Payment of deductible shall be the responsibility of the contractor(s). The Owner will provide Builders Risk and Property Insurance coverage for renovation projects during construction by adding the contractor and all subcontractors, ATIMA to the permanent property policy unless otherwise stated in the bidding documents. Certificate of Insurance The Certificate of Insurance and copy of endorsement of the policy stating that the Owner and Architect are additionally insured shall be provided by the Contractor to the Owner and Architect at the current address of said parties with a transmittal cover indicating the project name, location of project, type of work to be performed and the nature of the documents transmitted. The Certificate of Insurance shall contain a provision that coverage afforded will not be canceled until at least thirty (30) days prior written notice has been given to the Owner and Architect. The Owner shall be the Certificate Holder. The Certificate shall be prepared on “Acord” Form 25-5 (7/90) or an equivalent form. The Certificate shall indicate that the Owner, Construction Analyst or Construction Manager and Architect are ADDITIONAL INSUREDS under the Contractor’s policy. The Certificate of Insurance shall indicate the carrier’s financial rating. The rating must be an A.M. Best, A- or better rated surety company listed on the 180 most current Federal Register, Circular 570 and is authorized to do business in the State of West Virginia and approved by the owner and the SBA. §11.1.2 Add the following to the end of §11.1.2. At a minimum the Contract shall provide, at the Contractor’s Expense: §11.1.2.1. A Performance Bond and a Labor and Material Payment Bond for 100% of the Contract Sum and, if applicable, a two-year roofing Maintenance Bond for the full value of the roofing system. §11.1.2.2 An attorney-in-fact who executes the bonds on behalf of the surety shall affix thereto a certified and current copy of power of attorney. §11.1.2.3 The bonds shall be issued on State of West Virginia forms. The Contractor shall deliver the required bonds and all other contract documents to the Owner not later than 15 days following receipt of the Owner's notice of intent to award a Contract. §11.2 Owner’s Insurance – Delete section 11.2 in its entirety. 11.4 Performance Bond and Payment Bond (Moved to Supplemental Instructions to Bidders) Add the following Section: 11.4.3 .1 The contractor to whom any contract is awarded, shall pay for, execute and deliver to the Owner via the Architect, within ten (10) days after award of contract by Owner and before signing the contract a corporate surety Performance and Labor and Material Payment Bond on AIA Document A311 (or equivalent form), to be executed by an A.M. Best, A- or better rated surety company listed on the most current Federal Register, Circular 570, and which is authorized to do business in the State of West Virginia and which is satisfactory to and approved by the Owner and the SBA in the sum of one hundred percent (100%) of the amount of the contract, insuring the full and faithful performance of the work and payment in full for all materials, machinery, equipment and labor, and covering all the guarantees called for in the specifications and all other obligations arising there under. The Labor and Material Payment Bond shall be in the sum of one hundred percent (100%) of the contract amount. All contractors performing work on SBA projects must be covered by a performance bond and must be included on the list of subcontractors submitted to the SBA (Form 123). The Owner will not accept responsibility for direct payments to subcontractors performing work on projects by way of consignment. No Performance Bond is required for projects of $25,000 or less. 181 .2 Should the successful Bidder fail or refuse to deliver the required bond and all other Contract Documents, properly executed within ten (10) days after receipt of the Owner’s letter of intent to award a Contract, the successful Bidder shall forfeit the security deposited with his Bid as liquidated damages, not as a penalty. .3 Irrevocable Letter of Credit is not acceptable as a Performance Bond. .4 A certified cashiers’ check is not acceptable as a Performance Bond. .5 Personal securities are not acceptable as a Performance Bond. .6 Failure of a construction firm to satisfactorily perform the work specified in the contract documents will result in the owner executing their rights, pursuant to the conditions of the contract documents, to declare a construction contract default under the provisions of the AIA General Conditions of the Contract for Construction established for this project. If the construction firm’s surety company is notified of their responsibility for the completion or remediation of incomplete or non-compliant work, said firm may no longer be eligible to bid future projects funded by the School Building Authority of West Virginia. §11.4 Section 11.4 is deleted in its entirety. §11.5.1 Make the following changes in Section 11.5.1: In the first sentence, substitute "Contractor" for "Owner" each time the latter word appears. §11.5.2 Delete Section 11.5.2 in its entirety and substitute the following: §11.5.2 Prior to settlement of insured loss, the Contractor shall notify the parties of the terms of the proposed settlement as well as the proposed allocation of the insurance proceeds. The parties shall have 14 days from the receipt of notice to object. If no objection is made, the Contractor shall proceed as proposed and allocate the settlement accordingly. If such objection is made, the dispute shall be resolved as provided in Section 15.4. The Contractor, in that case, shall make settlement with insurers in accordance with directions of the Court. If distribution of the insurance proceeds as directed by the Court is required, the Court will direct such distribution. Any work to repair the damage will be incorporated into the contract as a change order. Article 12 – Uncovering and Correction of Work No Supplemental Conditions to Article 12 Article 13 – Miscellaneous Provisions §13.1 Delete Article 13.1 in its entirety and substitute the following: ARTICLE 16 – SPECIAL CONDITIONS 182 §13.1 16.3 Compliance with Codes and Governmental Requirements §13.1.1 16.3.2 All work, labor, materials and equipment specified, constructed and installed are to be of first-class quality. To help insure this occurs, all work and equipment designed and specified shall conform to the latest applicable codes and standards including but not limited to the following: a. West Virginia State Building Code b. American Society for Testing Materials (ASTM) c. American National Standards Institute (ANSI) to the extent adopted by authorities having jurisdiction at the job site. d. West Virginia State Fire Code e. National Electrical Code (NEC) f. American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) §13.1.1 16.3.3 All work must also have the approval of all West Virginia governmental authorities and agencies having jurisdiction over the project including but not limited to the following: a. West Virginia State Fire Marshal b. West Virginia Department of Health c. West Virginia Department of Natural Resources d. West Virginia Department of Highways e. West Virginia Department of Education f. West Virginia Division of Labor g. School Building Authority of West Virginia h. West Virginia Division of Environmental Protection §13.2.2 Section 13.2.2 is deleted in its entirety. §13.4.1 Remove the phrase “so require” and insert in its place “prohibit delegation of the test to Contractor” §13.5 Delete Section 13.5 in its entirety and substitute the following: §13.6 Notwithstanding any other provision in the Contract Documents, West Virginia Code does not authorize the payment of interest on late payments. Accordingly, interest charges for late payment are prohibited. Add the following Article 16 Special Conditions as follows: Add the following Sections to Article 13: §13.6 Contractor’s License §13.7.1 West Virginia Code §21-11-2 requires that all persons desiring to perform contractual work in West Virginia shall be duly licensed. The West Virginia Contractor's Licensing Board is empowered to issue a contractor's license. 183 §13.6.2 West Virginia Code §21-11-11 requires any prospective Bidder to include the Bidder's contractor's license number on its Bid. The successful Bidder will be required to furnish a copy of its contractor's license in a classification appropriate to the Work prior to issuance of a purchase order/contract. §13.7 Certified Payroll Requirements §13.7.1 16.1 All contractors and subcontractors shall pay West Virginia Department of Labor fair minimum rate of wages for the county in which the work of this contract is performed. The SBA requires that a weekly certified payroll be submitted with each contractor’s pay-application using the U.S. Department of Labor Form WH-347 West Virginia Division of Labor’s Jobs Act Weekly Payroll Form or other SBA approved document. Certified payrolls forms must be completed fully to include names, addresses and social security numbers of all workers, including those of any subcontractors, in order to assure compliance with the West Virginia’s Prevailing Wage laws and the SBA’s Supplemental, General and Special Conditions Jobs Act as described in West Virginia Code §21-1C. Each Contractor shall submit all completed Certified Payroll forms for each employee weekly to the West Virginia Division of Labor. Upon request, counties the Owner shall will be required to submit the certified payroll report to the SBA for review. Each contractor shall be responsible to obtain correct and fair minimum rate of wages as established by the West Virginia Department Division of Labor. §13.7.2 16.2 For the Owner’s records, Contractors shall submit to the Owner copies of permits, licenses, certifications, inspection reports, releases, notices, receipt for fee payments, correspondence and records established in conjunction with compliance with standards and regulations bearing upon performance of the work. 16.4 Payroll Certification and Employment Reporting 16.4.1 All contractors and subcontractors shall pay West Virginia Department of Labor fair minimum rate of wages as established in Section 21-5A of the WV Code, for the county in which the work of this contract is performed. The term “fair minimum rate of wages” shall be set forth in 215A-3 of the West Virginia Code. The SBA’s requirement for submission of certified payrolls, supersedes the requirements of current state law. The SBA requires that a certified payroll be submitted with each contractor’s pay application using U.S. Department of Labor Form WH-347 (formerly DOL 184). Contractors may provide this information in an alternative format provided all required information on the WH-347 is included on the alternative document. Each certified payroll must include names, addresses and social security numbers of all workers, including those of any subcontractors, in order to assure compliance with West Virginia’s prevailing wage laws and the SBA’s Supplemental, General and Special Conditions. 184 Upon request, counties will be required to submit the certified payroll report to the SBA for review. 16.4.2 All contractors and subcontractors must comply with the “West Virginia Jobs Act” requirements found in Chapter 21, Article 1C of the West Virginia Code and all Department of Labor regulations. §13.8 Workforce Eligibility – 16.4.3 County school boards and other grant recipients shall require all contractors and service providers to verify the criminal records of their employees before granting access to the construction site. All prime contractors and their subcontractors shall verify the criminal records and workforce eligibility of all employees, subcontractors’ employees, and vendors’ employees that will be present on the construction site or other board property shall provide the County Board or other grant recipient (Owner) assurances of compliance with pertinent WV Code and SBA Policy by verifying the eligibility of all workers by providing a completed SBA Forms 181 and 182 to the County Board of Education or other grant recipient (Owner). These forms shall be submitted along with the contract for construction and the contract will not be fully executed until this provision has been satisfied. §13.8.1 16.4.4 The successful low bid Prime Contractor and all Subcontractors performing Work on the project shall verify the legal status of all workers and shall comply with the latest provisions of West Virginia Code chapter 21 article 1B§21-1B. All Prime Contractors and their Subcontractors shall provide assurances to the county boards of education or other grant recipients (Owner) by submitting a completed SBA Form 181 400-B. This document acknowledges the prime contractor has received assurances from subcontractors (using SBA Form 182 400-C) that they are in compliance with applicable WV Code and SBA Policy. These forms shall be submitted along with the contract for construction and the contract will not be fully executed until this provision has been satisfied. §13.8.2 Contractors shall maintain records verifying the legal status of workers and shall, upon request by the Commissioner of Labor, surrender all employee records, including all records relating to the payment of State and Federal taxes, for verification of their legal status. If upon examination of records, the Commissioner determines that a contractor is in violation of the provisions of this code, the Commissioner may enter and order that imposes disciplinary action as provided for in article 21-1B- 1 thru 7 of the West Virginia Code §21-1B. §13.9 16.4.5 The Contractor shall provide to the Owner at Project Close-out the following all required documentation that includes, but is not limited to, the following: a. Contractor’s Affidavit of Payment of Debts and Claims (AIA G706) 185 b. Contractor’s Affidavit of Release of Liens (AIA G706A) c. Consent of Surety Company to Final Payment (AIA G707) d. Certificate of Insurance (Acord Form and AIA G715) Covering required/specified products and completed operation e. Certificate of Release from the Department of Tax and Revenue stating all appropriate taxes have been paid f. Verification from the Owner (county superintendent) that all Owner training required by the contract documents has been conducted (SBA 159 Form 500-A) g. Fire Marshall’s Certificate of Occupancy h. Affidavit of Debt Paid (SBA 177) i. h. Prepare quality Training videos of quality to show all required steps in HVAC startup, operation, maintenance, etc. §13.10 Performance of the Contract §13.10.1 The Contractor shall adhere to all conditions of the Contract Documents including, but not limited to, Quality Control, CPM Scheduling, Project Documentation, Construction Performance and Project Completion, and Closeout. §13.10.2 Non-compliance with any provisions of the Contract Documents will result in a Notice of Non-Compliance or Non-Conformance issued by the Architect. §13.10.3 The Contractor shall make available to the SBA all digital copies of all communications between the Contractor and the Architect as well as all communications between the Contractor and representatives of the Owner. §13.10.4 After project Closeout, the Contractor shall be evaluated on the basis of compliance and conformance to the Contract Documents. Such evaluation will rely on documentation compiled during the duration of the Project. 16.5 SBA Project Observation 16.5.1 The School Building Authority reserves the right to visit projects at intervals deemed necessary to observe the progress of the construction. The SBA field representative shall have such responsibilities as the SBA may delegate. 16.5.2 The School Building Authority reserves the right to review all Contractors Applications for Payment and request additional documentation to substantiate the request and in cooperation with the owner make adjustments as deemed appropriate. 186 §13.12 16.5.3 The responsible Contractor shall notify the SBA office two weeks in advance of: .1 The Testing, Adjusting & Balancing of the HVAC system. .2 The training of the county maintenance and custodial personnel on new building components. .3 The scheduled punch list walk-thru of the new or renovated school. §13.13 16.5.2 County boards of education, bBefore accepting the HVAC Contractor’s work is accepted by the Owner, the Contractor shall receive provide complete training to the Owner regarding the operation and maintenance of the mechanical equipment and building controls. Training shall be completed prior to occupying the building final completion. There shall also be a one (1) day follow-up training in six months or during the succeeding heating/cooling season after the facility has been occupied to insure ensure training on both heating and cooling operations of the system. Where specified, the installation contractor shall provide two-year maintenance and operations for HVAC equipment and other components as described in the bidding documents. The State Department of Education’s HVAC Technicians shall be notified of the date and location of any and all training sessions in order to assure its ability to fulfill their responsibilities as delineated in WV Code §18-9E-3(F) & (G). At the conclusion of the training, the grant recipient shall submit the verification of HVAC Training Form (SBA Form 159 500 B) to the SBA office. Article 14 – Termination or Suspension of the Contract §14.1.1 Make the following changes in Section 14.1.1: At the end of clause 14.1.1.3 delete "; or" and insert a period. Delete clause 14.1.1.4 in its entirety. §14.1.3 Delete Section 14.1.3 in its entirety and substitute the following: §14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exist, the Contractor may, upon seven days written notice to the Owner and Architect, terminate the Contract. In such event, the Contractor shall be paid for all Work performed in accordance with the Contract Documents, for reasonable and proven termination expenses and a reasonable allowance for overhead and profit. However, such payment, exclusive of termination expenses, shall not exceed the Contract Sum as reduced by other payments made to the Contractor and further reduced by the value of Work as yet not completed. The Contractor shall be entitled to reasonable overhead, but not profit, on Work not performed. §14.2.4 187 Delete Section 14.2.4 in its entirety and substitute the following: §14.2.4 If the unpaid balance of the Contract Sum exceeds the cost of finishing the Work, including compensation for the Architect’s services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall not be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Owner shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract. §14.4.1 Delete Section 14.4.1 in its entirety and substitute the following: §14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause upon thirty days written notice. §14.4.3 Delete Section 14.4.3 in its entirety and substitute the following: §14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment from the Owner on the same basis provided in Section 14.1.3 above. Article 15 – Claims and Disputes §15.1.2 Delete Section 15.1.2 in its entirety and substitute the following: §15.1.2 Any applicable statute of limitations shall be in accordance with West Virginia Code. §15.1.3 Add the following clause to Section 15.1.3: §15.1.3.3 All claims, and notices of claims that require an increase in contract time, contract scope, or contract sum must be made in writing and delivered to the Owner via the Architect. 15.1.5 Claims for Additional Time §15.1.3 Add the following clauses to Section 15.1.6.2: 15.1.5.2.1 Contractor shall supply climatological data from either an onsite weather station or from a National Oceanic and Atmospheric Administration (NOAA) or other approved nearby weather reporting station, to substantiate any claim for lost days due to weather. All documentation necessary to substantiate the claim, including SBA Form 186, shall be submitted to the Architect prior to the 15th day of the month following the proposed claim for review and consideration. Failure to submit these claims on a monthly basis shall result in forfeiture of the claim. 15.1.5.2.2 Weather delays shall be substantiation for a cost increase claim for site supervision labor and general site operations costs including direct rental costs (i.e. construction trailer, toilet facilities, fencing, dumpsters). Overhead and profit shall not be applied to the rental costs. 15.1.5.2.3 Claims for days lost due to weather delays, on days which have historically been non-work days on the project (i.e. weekends, holidays, and Fridays when four-day work weeks are implemented), shall not be 188 granted, unless work has occurred on these days for two consecutive work weeks immediately prior to the days being claimed. Add the following Section to Article 15.1: § 15.1.8 Counterclaims – In the event that Contractor makes a claim, Owner reserves the right to make a counterclaim and will not be barred from doing so even if final payment has been made. §15.2.1 Make the following changes to Section 15.2.1: In the third sentence, insert “or litigation” following the word “mediation” and remove the phrase “binding dispute resolution” and replace it with “or litigation”. §15.2.5 Delete the last sentence in Section 15.2.5 and substitute the following: Approval or rejection of a claim by the Initial Decision Maker shall be final and binding on the parties unless it is pursued further by either party in accordance with Section 15.2.6. §15.2.6 Make the following change to clause 15.2.6.1: In the last sentence, delete “or pursue binding dispute resolution proceedings.” §15.2.8 Delete Section 15.2.8 in its entirety. §15.3.1 Make the following changes to Section 15.3.1: Delete “binding dispute resolution” and substitute “litigation in a court of competent jurisdiction.” §15.3.2 Delete Section 15.3.2 in its entirety and substitute the following: §15.3.2 The parties shall endeavor to resolve their Claims by non-binding mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. §15.3.3 Delete Section 15.3.3 in its entirety Delete Section 15.4 in its entirety and substitute the following: §15.4 Settlement of Claims §15.4.1 The Constitution of West Virginia grants the State sovereign immunity from any and all Claims against the public treasury. This immunity applies and is extended to all agencies of the State, including the Owner. It shall be in full force and effect as it relates to this Contract. The West Virginia Legislature, recognizing that certain Claims against the State may constitute a moral obligation of the State and should be heard, has established the West Virginia Claims Commission for this purpose. The Parties understand that this sovereign immunity and the Constitution of the State of West Virginia prohibit the State and Owner, from entering into binding arbitration. Notwithstanding any provision to the contrary in the Contract Documents, all references to arbitration, regardless of whether they are included in the AIA Document A201-2017 or another related document are hereby deleted and all Claims of the Contractor for monetary relief, and only of the Contractor, arising out of or related to this Contract shall be decided by the West Virginia Claims Commission. The following Sections have been rewritten to bring them into conformance with the foregoing. §15.4.2 Claims by the Owner may be brought against the Contractor in the Circuit Court of the county where the project is located. 189 §15.4.3 Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and except those waived as provided for in Sections 15.1.6, 9.10.4 and 9.10.5, shall, within 30 days after submission of the decision by the Initial Decision Maker, be settled for the Contractor by the West Virginia Claims Commission or, for the Owner, by the Circuit Court of the county where the project is located. §15.4.4 Notice of such action shall be filed in writing with the other party to the Contract, and a copy of such notice shall be filed with the Initial Decision Maker and the Architect, if applicable. §15.4.5 During court proceedings, the Owner and the Contractor shall comply with Section 15.1.3. §15.4.6 Claims shall be made within the time limits specified in Section 15.2.6.1. §15.4.7 The party filing a Claim must assert in the demand all Claims then known to that party on which action is permitted. Add the following Article: Article 16 – Equal Opportunity §16.1 COMPLIANCE WITH REGULATIONS UNDER TITLE VI OF THE FEDERAL CIVIL RIGHTS ACT OF 1964 AND EXECUTIVE ORDER 65-2 BY THE GOVERNOR OF WEST VIRGINIA DATED DECEMBER 15, 1965 §16.1.1 The Contractor agrees that it will comply with Title VI of the Federal Civil Rights Act of 1964 (P.L. 88352) and the regulations of the State of West Virginia, to the end that no person in the State, or in the United States, shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or otherwise subjected to discrimination under any program or activity for which the Contractor receives any recompense or other consideration of value, either directly or indirectly from the State; and HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this Agreement. §16.1.2 If any real property or structure thereon is provided or improved, this assurance shall obligate the Contractor, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which any State payment is extended or for another purpose involving the provision of similar services or benefits. If any other goods or services are so provided, this assurance shall obligate the Contractor for the period during which it supplies such goods or services. §16.1.3 The Contractor recognizes and agrees that such right to provide property, goods or services to the State will be extended in reliance on the representations and agreements made in assurance, and that the State shall have the right to seek judicial enforcement of this assurance. This is binding on the Contractor, its successors, transferee, and assignee, or any authorized person on behalf of the Contractor. END OF SUPPLEMENTARY CONDITIONS TO AIA DOCUMENT A201-2017 190 Any provisions of the Contract Documents that conflict with these Supplementary Conditions shall be null and void unless they have been approved in writing by the School Building Authority, and are clearly identified as such in the bid documents. The Owner and Contractor hereby agree to the full performance of the covenants contained herein. IN WITNESS WHEREOF, the Owner and Contractor have entered into this Agreement as of the effective date as stated in the A101-2017 (when utilized) or other Contract Documents. Owner: Contract or: By: By: Title: Title: Date: Date: This Supplementary Conditions to AIA Document A201-2017, General Conditions of the Contract for Construction, has been approved as to form on this _______ day of ________________, 20__, by the School Building Authority of West Virginia. Any modification of this document is void unless expressly approved in writing by the School Building Authority of West Virginia. 191 SBA Criteria for Selection of Lowest Qualified Bidders AWARD OF BIDS Pursuant to the laws of the State of West Virginia, the School Building Authority of West Virginia must award bids only to the lowest qualified bidder. Therefore, when utilizing any portion of state funds for a project, county boards of education must consider the following factors, and the information from the Contractors Qualification Statement, when making a determination as to whether a contractor’s bid is not only the lowest, but the most qualified. 1. The years of experience the bidder has in the construction, renovation or building repair business. 2. The bidder’s participation in a drug program that meets the objectives, applicable laws and regulations for a drug free workplace including the use of tobacco and alcohol on school properties. 3. The continuity, experience and skill of the bidder’s work force and that of the bidder’s designated subcontractors. 4. The bidder’s performance on similar construction projects. 5. The bidder’s ability to successfully complete projects within the proposed schedules and deadlines. 6. The bidder’s participation in a bonafide joint apprenticeship program that is approved by the US Department of Labor, US Bureau of Apprenticeship Training and is administered in compliance with the rules and regulations of the WV Department of Labor. [See DOL 42-7-3.1(i)] 7. The bidder’s history of compliance with Worker’s Compensation and Unemployment Compensation laws. 8. The bidder’s history of compliance with OSHA requirements. 9. The bidder’s history of compliance with Federal and State Prevailing Wage as well as Fair Labor Standards and Wage Payment laws. 10. The bidder’s subcontractors compliance with state regulatory agencies. 11. The bidder’s history of compliance with fringe benefit contributions, i.e., health insurance and pension benefits. 192 12. The bidder’s local hiring plan and history of compliance with the WV Jobs Act, (WV Code, Chapter 21, Article 1C) regarding use of the local labor market. 13. The bonding record of the bidder. 14. The bidder’s participation as a party in any legal action where an awarded liability could negatively impact the ability of the bidder to complete this project. 15. The bidder’s financial stability and its impact on the company’s ability to complete the project. 16. The bidder can demonstrate it is not in default on a debt to the State or its political subdivision in aggregate more than $1,000. 17. The bidder’s history of change order requests. 18. Response from bidder’s references and recommendations of other owners for whom the bidder has worked. All of the above factors, as supported by the accompanying Contractors Qualification Statement, will be considered by the county board of education in determining the “best” most qualified bid. No single criteria will be considered the controlling factor in determining whether a bid is or is not the “best” bid. Revised 9/2015 193 410. SBA Construction Schedule Requirements (Fmr. SBA 187) School Building Authority of West Virginia CONSTRUCTION (CPM) SCHEDULE SBA FORM 187 I. INTRODUCTION 410.01. For the purpose of planning, developing and executing a school construction project each project shall be accompanied by a progress construction schedule. The construction progress schedule shall be developed in the Critical Path Method (CPM). Not only shall the progress construction schedule be used as a resource by the Prime Contractors in the execution the Work, but also so the Owner and its assigned representatives are able to monitor progress and be reasonably assured the project is progressing toward its completion within the timeline requirements. The following definitions have been established: II. DEFINITIONS 410.011. a. CPM: Critical path method, which is a method of planning and scheduling a construction project where activities are arranged based on activity relationships. Network calculations determine when activities can be performed and the critical path of the project. This method calculates the minimum completion time for a project along with the possible start and finish time for the project activities. b. Notice to Proceed: A written notice from the Owner or Owner’s representative to the Contractor(s) in which the Contractor(s) is authorized to proceed with the work on a specified date. The Notice to Proceed date shall be considered the basis of commencement of the contract construction duration as specified in the Contract Documents, unless otherwise indicated. 410.012. c. Contract Construction Duration: The amount of time specified by the Contract Documents for the completion of the Project. 410.013. d. Contract Completion: The Contract Completion date is the projected project completion date based on the commencement of work on Notice to Proceed date and Contract Construction Duration; as may also be specified in the Owner’s published Notice to Proceed (NTP) the date when all Contractor responsibilities have been discharged. The Contractor’s Completion date obligations and the Owner’s Claims for Delay obligation are based on the Contract Completion Date. 410.014. e. Activity / Task: A discrete part of a project that can be identified for planning, scheduling, monitoring, and controlling the construction project. Activities included in a construction schedule consume time and resources. 194 i. Critical Activity / Task: An activity on the critical path that must start and finish on the planned early start and finish times, if delayed, will result in a delay of the Contract Completion Date by an amount equal to said delay of the activity. ii. Predecessor Activity: An activity that precedes another activity in the network. iii. Successor Activity: An activity that follows another activity in the network. f. Event: The starting or ending point of an activity. 410.015. g. Duration: The amount of time estimated to complete an activity in the time scale used in the schedule (work days). Planned production rates and available resources will define the duration used in a given schedule. A defined activity duration shall be no longer than 15 work days, unless otherwise approve by the Owner or Owner’s representative in advance. h. Early Start: The first day of a project on which work on an activity can start if all proceeding activities are completed as early as possible. i. Early Finish: The first day of a project on which work on an activity is complete, assuming work began on its early start. j. Late Start: The last day or deadline for the start of an activity before it will delay the completion of the project. k. Late Finish: The last day or deadline for the completion of an activity before it will delay the completion of the project. 410.016. l. Actual Start: The date that an activity actually began. 410.017. m. Actual Finish: The date that an activity finished. 410.018. n. Critical Path: The longest connected chain of interdependent activities through the network schedule that establishes the minimum overall project duration and contains no float. o. Float: The measure of leeway in starting and completing an activity. The difference (in days) between the early start / finish and late start / finish. i. Free float is the amount of time an activity can be delayed without adversely affecting the early start of the successor activity. ii. Total float is the measure of leeway in starting or completing an activity without adversely affecting the planned project completion date. 195 iii. Float shall not be for the exclusive use or benefit of either Owner or Contractor(s), but is a jointly owned, expiring project resource available to both parties as needed to meet schedule milestones and contract completion date. 410.019. p. Milestone: Zero duration activities that call attention to noteworthy events in the project schedule. They can represent a variety of significant events and may indicate either the start or completion of a significant series of events (i.e. – “topped-out”, “dry-in”, equipment delivery, etc.) q. Constraint: A limitation placed on a project schedule activity that affects the start or end date of an activity or series of activities. Constraints have been used to fix imposed dated for a work activity. i. As Soon As Possible is the default constraint type. This constraint schedules the work item to the earliest possible time that the work activity can start, based on the existing project logic. ii. Start No Earlier Than is used to restrict an activity to start on or after a specified constraint date. A constraint date must be specified before which the task must not start. iii. Finish No Later Than is used to restrict an activity to complete on or before a specified constraint date. A constraint date must be specified after which the task must not start. r. Fragnet: A sequence of new activities that are proposed to be added to the existing schedule. The fragnet shall identify the predecessors to the new activities and demonstrate the impact to the successor activities 410.0110. s. Baseline Schedule: A fixed project schedule that is the standard which project performance is measured. The current schedule is copied into the baseline schedule that remains frozen until it is reset. Resetting the baseline is done when the scope of the project has been changed significantly. At that point, the original or current baseline become invalid and should not be compared with the current schedule. 410.0111. t. As-Built Schedule: The record of the history of the construction project in the form of a schedule, and is comprised of a barchart record of the start and end dates of every activity that actually took place, without necessarily having any logic links final updated CPM Schedule. u. Resource Loading: The allocation of manpower and equipment necessary for the completion of an activity as scheduled. 410.0112. v. Approval of Schedule: The general and unanimous executed agreement by the Contractor(s), Owner, Architect, Consultant, and/or Construction Manager of the CPM schedule where applicable. The 196 Owner or Owner Representative’s approval of the submitted schedule in no way establishes an obligation of the Owner for Claims for Delay by the Contractor based on the Contractor early completion. Any Claims for Delay by the Contractor shall be based on the provision of this specification which only contemplates impact to the proposed contract completion date. 410.0113. w. Schedule Consultant: An independent third party responsible for the planning, development, update, maintenance, monitoring and reporting of the CPM schedule. The schedule consultant may be contracted by either the Contractor or Owner. 410.0114. x. Early Completion: Early completion of the project is permitted, however, neither the Contractor(s) nor the Owner are bound to an early completion, even if projected by and approved in the final version of the CPM schedule. The Contractor’s completion date obligation and the Owner’s Claims for Delay obligations under this agreement are associated with the proposed Contract Completion Date as defined by the Contract Documents, not an approved Contractor proposed early completion date. Notwithstanding the preceding, the Owner reserves the right to reject a proposed CPM Schedule that shows an early completion date if the schedule appears to be unreasonable or unrealistic. y. Delay Claims: A period of time for which the project has been extended or work has not been performed which are excusable in accordance with the Contraction Documents. A delay must be excusable in order to be the basis for an extension of time or additional compensations. z. Excusable Delay: An excusable delay shall be defined by the Contract Documents and typically involve matters beyond the Contractor(s) control. Examples of excusable delay include design errors and omissions, owners initiated changes, weather impact, or acts of God. aa. Non-Excusable Delay: A non-excusable delay is a delay for which the Contractor(s) has assumed the risk in accordance with the Contract Documents. It is the responsibility of the Contractor to prevent acts, or negligence, by the Contractor(s) which may be cause for delay. bb. Concurrent Delay: A concurrent delay is a second independent delay occurring during the same time period as the delay for which recover is sought. A Contractor seeking increased compensation is ultimately responsible for the concurrent delay and may not be able to recover any compensation for the initial delay. III. EXECUTION a. Outline Schedule and Sequence Plan 197 i. An outline schedule and sequence plan shall be provided to the Prime Contractor(s) in the Bid Documents. ii. The outline schedule and sequence has been developed to coordinate Prime Contractors in a Multiple Prime Contract, and shall be the basis for the CPM construction schedule. In the event a project is selected by the Owner as a Single Prime Contract, the Prime The Contractor shall be responsible for development and distribution of an outline schedule and sequence plan to subcontractors, vendors, etc. iii. The Prime Contractors have the right to make changes to the outline schedule and sequence plan; however any changes shall require the unanimous approval and sign-off by all Prime Contractors, Architect and Owner. In the event of modifications by the Prime Contractors the project duration shall remain in effect (i.e. - 424 calendar days). iv. If the Prime Contractor(s) has sufficient reason to modify the outline schedule they shall provide in writing to the Owner and/or Owner’s representative: 1. Reason for modification to the outline schedule and sequence plan 2. Unanimous approval by all Prime Contractors of modified outline schedule and plan. 410.02. b. Scheduling Requirements 401.021. i. At the Pre-Construction Meeting, the Owner’s representative shall review the CPM schedule requirements as indicated in the Contract Documents with the Prime Contractor(s). ii. Responsibilities: 1. Means and Methods: AIA A201,3.3.1 - “The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequence and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters.” 2. General Trades Contractor: 410.022. a. Unless otherwise specified, the General Trades Contractor shall be responsible for the construction progress schedule development, maintenance, monitoring and reporting, and shall schedule meetings to facilitate / coordinate / maintain a the CPM schedule for the duration of the project. 198 410.022. b. The General Trades Contractors shall demonstrate to the Owner specialized experience in the development, maintenance, monitoring and reporting of CPM scheduling. A minimum of three (3) years full-time (exclusive) or five (5) years part-time (with other responsibilities) experiences with CPM schedules of similar size and complexity shall be required. The name and experiences shall be submitted to the Owner and/or Owner’s representative, along with examples of the individual’s past schedules. 410.023. i. In the event the Owner and /or Owner’s representative determines the General Trades Contractor does not possess the capability inhouse to perform the requirements of the CPM Schedule, the Owner may elect, at no additional cost to the Owner, to require the General Trades Contractor to hire a Schedule Consultant that possess the specialized experience in performing the requirements as stated herein. c. Receive input from each Prime Contractor for the development, maintenance, monitoring and reporting of the progress construction schedule. 3. Prime Contractors: a. Provide General Trades Contractor with sufficient information / feedback regarding activities, duration and logic associated with the development, maintenance, monitoring, reporting, and overall information required to properly maintain the construction progress schedule. c. Schedule Development i. The construction progress schedule development shall be conducted in a meeting, or series of meetings, for the purpose of generating a feasible plan to execute the construction project. 1. The General Trades Contractor shall chair / conduct the meeting(s) related to the construction progress schedule. The General Trades Contractor shall be responsible for setting the meeting agenda, regulating and ensuring the meeting is productive in the development of the construction progress schedule. The meeting agenda shall be submitted in advance to the Owner for review. 2. The schedule development meeting(s) should be held no later than 2 weeks after the preconstruction meeting. This will allow the Prime Contractors (and subcontractors) to assign staff, procure subcontracts, review documents and develop a plan to execute the work. It is critical the personnel responsible for directing the Work in the field be in attendance. 199 These individuals shall also be familiar with the project requirements and be prepared to participate in the meeting(s). 3. Prime Contractor(s) shall attend with major subcontractor ready to discuss the plan to execute the Work. The construction progress schedule shall be developed and phased according to the order the work will occur (i.e. – site, concrete, masonry, steel, roof, MEP, finishes). 4. For the purpose of the CPM schedule development, the General Trades Contractor shall solicit from the other Prime Contractors a list of activities included with activity durations and at least one (1) predecessor and successor activity (i.e. – activity - block fill paint / duration – 3 days / predecessor – rub masonry walls / successor – first finish coat paint). These activities shall be provided to the General Trades’ Contractor prior to meeting. The General Trades Contractor shall incorporate the activities, durations and initial logic from the other Prime Contractors into the schedule software. It may be recommended the General Trades Contractor schedule an individual and separate meeting with each of the Prime Contractor prior to scheduling a meeting with all Prime Contractors together. 5. From the information provided by the Prime Contractor(s), the General Trades Contractor shall prepare the CPM schedule. The CPM schedule will be distributed to the Prime Contractor(s) for their review and feedback. If needed, additional meetings may be held to review the CPM schedule with the Prime Contractor(s). The additional meetings shall be at the General Trades Contractors and/or Owner’s discretion, or as may be requested by a Prime Contractor. 6. Once the CPM schedule has been reviewed with feedback from the Prime Contractors, the General Trades Contractor shall make the necessary final adjustment and distribute the proposed Baseline CPM Schedule to the Prime Contractors for execution / signatures. The General Trades Contractor shall provide a signature line for each Prime Contractor on the Baseline CPM Schedule. The executed Baseline CPM Schedule, as defined above under Approval of the Schedule, shall be considered the Approved Construction Progress Schedule only after review and agreement by the Owner. 410.024. 7. The Contractor shall submit the Baseline Schedule (and updates) shall then be submitted to the Owner and/or Owner’s representatives for review. The baseline schedule must be formatted to indicate the Project Critical Path. 410.025. a. When submitting a CPM schedule to the Owner for approval, it shall be in the Gantt Chart View with the following columns in display. The Contractor shall submit with the proposed Schedule an Activity / 200 Task list corresponding to the Gantt Chart with the following Activity / Task information: i. Task Name ii. Percentage Complete iii. Original Duration iv. Remaining Duration v. Early Start vi. Early Finish vii. Actual Start viii. Actual Finish ix. Total Float / Slack x. Resource Group (assigned to each Prime Contractor) a. Duration (in working days) b. Anticipated Start c. Anticipated Completion d. Dependent Relationships with other Activities / Tasks 410.026. 8. The Approved Construction Progress Schedule shall be submitted for use not later than 45 10 calendar working days after the date establish for the Notice to Proceed prior to submittal of the first Certificate and Application for Payment; otherwise, in accordance with the Contract Documents (SBA Supplemental Conditions, General Conditions, Section II), “… an approved construction schedule must be in place prior to the second pay application being requested. Failure to comply with this provision will result in delayed processing of this and all future pay applications until the owner and SBA approved schedule is in place.” 410.027. A Projected Cash Flow Schedule must be submitted in conjunction with the CPM Schedule, the Submittal Schedule and the Schedule of Values. This schedule shall indicate the anticipated monthly billings for the duration of the project. In the event of Baseline Changes or Recovery Schedules, the Projected Cash Flow Schedule must be revised accordingly. 410.028. 9. The Construction Progress Schedule shall be developed and consist of activity categories as follows, but not limited to, milestones, critical submittals, civil / site, structural systems, building envelope, systems rough-ins, mechanical / electrical / telecom rooms, interior finishes and closeout; each category consists of furthermore individual activities in conjunction with the Schedule of Values and the Construction Submittal Schedule. The Progress Schedule and the Schedule of Values must reflect the same Activities / Tasks to allow accurate evaluation of monthly Schedule Updates and Requests for Payment. The below table of activities provides a list of typical minimal individual activities that should be included in the CPM schedule. The activities in this 201 table are intended to represent activities that are typical of school construction projects, and it is understood depending on the specific design of individual projects these activities may somewhat vary. The CPM schedule shall be further arranged by Phase / Sequence / Area. The activity categories and representative individual activity should be duplicated within each Phase / Sequence / Area. The following is a representative example of how this shall occur. Example: Area A Structural Systems Foundations U/G Plumbing U/G Electrical Masonry to Finish Floor Concrete Slab on Grade Etc. Building Envelope Roof Blocking Roof Mechanical Curbs Roof Insulation & Membrane Etc. Area B Structural Systems Foundations U/G Plumbing U/G Electrical Masonry to Finish Floor Concrete Slab on Grade Etc. Building Envelope Roof Blocking Roof Mechanical Curbs Roof Insulation & Membrane Etc. Area C Etc. 202 Table of Activities: MILESTONES CRITICAL SUBMITTALS CIVIL / SITE STRUCTURAL SYSTEMS BUILDING ENVELOPE Notice to Proceed Site Utility Structures Excavation Foundation / Footers Roof Blocking Building Utility Connections (each type) Concrete Reinforcing Steel Storm Sewer U/G Plumbing Roof Mechanical Curbs Major Equipment Delivery Doors, Frames and Hardware Sanitary Sewer U/G Electrical Roofing System Building Dry-in (Each Phase / Area) Steel Lintels Water Service Masonry to Finish Floor Elevation Roofing System Soffits, Coping & Flashing Building Conditioned Air (Temporary / Permanent) (Each Phase / Area) Structural Steel Gas Service Concrete Slab on Grade / Deck Exterior Veneer System Substantial Completion Steel Joist & Deck Electrical / Telecom Service Door Frames Exterior Window Frames / Glazing Final Completion Kitchen Equipment Site Concrete Paving Masonry (Bearing) Exterior Doors Mechanical Equipment Site Asphalt Paving Steel Joists & Bridging Electrical Switchgear & Panel Boards Site Finishes Metal Deck 203 SYSTEMS ROUGH-IN MECHANICAL / ELECTRICAL / TELECOM ROOMS Electrical Panelboards INTERIOR FINISHES CLOSE OUT Equipment Pads Paint Block Fill / Prime Coat Testing, Adjustment & Balance Electrical / Fire Raceways Alarm Rough-in Electrical Panelboards Paint First Finish Coat Commissioning Electrical Conductors / Wire Electrical Transformers Paint Second Finish Coat Training & Demonstration Fire Alarm Annunciator Panel Electrical Raceway Rough-in Paint Exposed Ceiling A/E Prepare Punchlist Fire Alarm Wire Electrical Conductors/Wire Above Ceiling Inspection Fire Marshall Inspection / Occupancy Permit Cable Tray Data Racks & Switches Ceiling Grid Substantial Completion Telecom / Security Cable Fire Sprinkler Value / Riser Assembly Electrical Light Fixtures Contractor Perform Punchlist Storm Pipe Rough-in Fire Sprinkler Pipe Rough-in HVAC Registers & Grills Final Completion Storm Pipe Insulation Domestic Water Rough-in Fire Sprinkler Drops & Heads Sanitary Rough-in Domestic Water Insulation Plumbing Fixtures Domestic Water Rough-in Plumbing Backflow Preventer Floor Finishes & Base (each type) Domestic Water Insulation Plumbing Equipment (i.e. – hot water tank, etc.) Metal Lockers Fire Sprinkler Rough-in Gas Piping Rough-in Casework HVAC Duct Rough-in HVAC Duct Rough-in GWB Bulkheads HVAC Duct Insulation HVAC Duct Insulation ACT Ceilings HVAC Pipe Rough-in HVAC Pipe Rough-in Doors & Hardware HVAC Pipe Insulation HVAC Pipe Insulation Electrical / Fire Alarm / Telecom / Security / HVAC Controls Devices & Trim 204 HVAC Equipment (i.e. – fan coils, UV, VAV, RTU, heater, etc.) HVAC Equipment (i.e. – chiller, boilers, pumps, AHU DOA, etc.) Signage HVAC Controls & Wire HVAC Controls & Wire Toilet Partitions & Accessories HVAC Equipment Startup Display Boards & Accessories 205 410.03. d. Schedule Update i. – The General Trades Contractor shall schedule a monthly meeting, of which they shall chair / conduct, to facilitate / coordinate the construction progress schedule update with the Prime Contractor(s). 410.031. 1. The schedule update shall be conducted in coordination with the application for payment timelines established by the Contract Administrator. It is recommended the construction progress schedule update meetings be performed on-site and coincide with the Owner’s Progress Meetings. The schedule update meeting will be scheduled in advance by the General Trades Contractor, with input from the Owner and/or Owner’s representative. 2. Prime Contractors shall provide the General Trades Contractor with activity actual start and finish dates. If an activity has started, and is in progress, the estimated remaining days to complete the activity shall be provided in lieu of a finish date. The General Trades Contractor shall solicit progress update information from Prime Contractors a minimum of seven (7) work days prior to the progress update meeting. The update information shall be provided to the General Trades Contractor a minimum of three (3) work days prior to the update meeting. 3. Upon receipt of the update information, the General Trades Contractor shall include the actual start and finish dates, and remaining days into the schedule software and run a project update. The progress update / status date shall be consistent from month to month (i.e. – 15th of each month). The General Trades shall then provide the other Prime Contractors with a copy of the progress update a minimum of one (1) day prior to the update meeting. 4. Prime Contractor(s) shall advise the General Trades Contractor of any sequence and/or logic and/or coordination changes that need to be made to conform to the progress of the Work. These changes to the construction progress schedule shall be performed during the progress update meeting. 5. From the information provided by the Prime Contractors, the General Trades Contractor shall complete the update to the CPM schedule. The construction progress schedule update will be distributed to the Prime Contractors for their review, feedback and acceptance. 6. Once the updated CPM schedule has been reviewed with feedback from the Prime Contractor(s), the General Trades Contractor shall make the final adjustment necessary and distribute the approved updated construction progress schedule to the Prime Contractors, Owner and Owner’s representative. 206 410.032. ii. The construction progress schedule shall be able to be sort by each Prime Contractor and distributed accordingly. Distribution of the construction progress schedule shall be sorted and provided to the Prime Contractors, Owner and Owner’s representative as follows: a. Incomplete Activities b. Critical Activities c. By Each Prime Contractor’s Activities Percentage of completion for each Activity / Task d. Otherwise requested by the Owner and/or Owner’s representative Activities / Tasks behind schedule iii. Each month’s progress schedule update shall be submitted with each Prime Contractors application for payment. Failure to provide a progress schedule update with the application for payment may be reason for Owner to withholding one or all Prime Contractor’s progress payments for said month. e. Two –Week Look Ahead i. The General Trades Contractor shall distribute each Prime Contractors two-week look ahead schedules for the Owner’s Progress Meetings, which shall be provided to the Prime Contractors a minimum of one (1) day prior to the update meeting. ii. A copy of each Prime Contractor’s two-week look ahead shall also be provided to the Owner and Owner’s representative at the meeting; along with a progress update sort by Critical Activities. 410.04. f. Baseline Schedule Changes i. – In the event significant modifications are required the scope of the original Contract is significantly increased, which may cause changes to the overall sequence / phasing of Work, the progress construction schedule baseline will need to must be reestablished. Upon these modifications being made to the CPM schedule, the General Trades Contractor shall establish a new construction progress schedule baseline. ii. Whenever a new schedule baseline is established it shall require the unanimous approval and sign-off by all Prime Contractor(s), Architect and Owner. iii. The General Trades Contractor shall make the necessary adjustment and distribute the proposed new Baseline CPM Schedule to the Prime Contractors for review and feedback. Once feedback is provided by the Prime Contractors the newly established Baseline CPM Schedule shall be prepared for execution / signatures by the Prime Contractors. The General Trades Contractor shall provide a signature line for each Prime Contractor on 207 the newly established Baseline CPM Schedule. The executed newly established Baseline CPM Schedule, as defined above under Approval of the Schedule, shall be considered the revised Approved Construction Progress Schedule only after the review and agreement by the Owner. 410.041. iv. A revised Baseline Schedule shall then be submitted to the Owner and/or Owner’s representatives for review. Once an Approved Schedule is in place, the Owner and /or Owner’s representative have to has the authority to reject any submission where it that revises the approved schedule’s baseline if it is not deemed to be in the express interest of the Owner. 410.042. g. Schedule Recovery i. – In the event the schedule update indicates the project progress is more than 10 days behind not sufficient to maintain the Critical Path and scheduled Completion Date, a separate recovery schedule shall be required showing the means by which the Prime Contractor(s) responsible for the delay intends to regain compliance with the approved Schedule. ii. The Prime Contractor(s) identified in delay shall provide the General Trades Contractor, the Architect and Owner with a written plan of recovery. This recovery plan shall be incorporated into the recovery schedule (by the General Trades Contractor), which will be submitted to the Architect and Owner for approval. iii. In addition to the written plan of recovery, the General Trades Contractor shall schedule a meeting with the Prime Contractor(s) identified in the delay. The CPM schedule shall reflect the Prime Contractor(s) plan to bring the project back in compliance. 410.043. iv. The recovery schedule shall be completed and submitted prior to final submission of the any Application for Payment to the Owner. Application for payment shall not be approved without an attached recovery schedule. h. Claims of Delay i. Delays and related claims shall be governed by the Contract Documents; specifically, but not limited to, the AIA 201 – General Conditions of the Construction Contract, Articles 8 & 15, and the SBA Supplemental Conditions – Appendix J, Part II . In the event of a conflict, the requirements of these conditions shall take precedence over the stipulations provided in this section. 208 ii. In addition to the requirements of the Contract Documents, the Prime Contractor(s) bringing claim for delay must provide / substantiate said claim to the Owner and/or Owner’s representative. iii. The premise of all delay claims shall be based on the approved construction progress schedule. Delays related to non-critical activities shall not be considered a legitimate delay as they do not extend the project completion date. The basis of delays shall be associated with critical activities, also known as Critical Path Activities. The delay to the Critical Path shall be established by the insertion of a fragnet into the CPM schedule. iv. All claims for extensions of time shall be accompanied by the following documentation: 1. written notice no more than seven (7) calendar days after the beginning of the delay, 2. complete detailed report of the delay, including all support documentation for the delay event, 3. a fragnet to the approved construction progress schedule. When submitting a fragnet, the Contract shall compute two finish dates. The first finish date shall be computed without consideration of any impact by the fragnet. The second finish date shall be computed with consideration of any impact by the fragnet, i. Any / all delay claims, including support documentation, must be submitted to the Owner and/or Owner’s representative by no later than 15th of the month following the conclusion of the delay. In the event a delay last more than two (2) consecutive months, the available delay support documentation must be submitted to the Owner / Owner’s representative starting on the 15th of the month (and every month thereafter) at the conclusion of the second consecutive month of the delay event. 410.05. j. Schedule As-Built i. – At the conclusion of the project an as-built schedule showing actual start and finish dates for all work activities shall be provided to the Owner by the General Trades Contractor. The Prime Contractor(s) shall provide the required information necessary to complete this task. ii. The as-built schedule shall be considered a project close out requirement and shall be included with, along with the Baseline(s) / Approved Schedule(s), in the General Trades Contractor’s O&M manual. SBA 187 Revised 9/2015 209 School Building Authority of West Virginia Policy & Procedures Handbook Chapter 5 PROJECT CLOSEOUT AND COMPLETION PROCEDURES 210 500. Project Closeout Procedures 500.01. As Construction of the project reaches approximately 85% of project completion or sixty (60) days prior to the projected date of Substantial Completion, the LEA shall initiate a project closeout procedure meeting involving the Architect, Prime Contractor(s), and SBA Representative. This meeting may be held in coordination with the required bi-weekly construction progress meetings. The purpose of this meeting is to facilitate the coordination of all required closeout procedures as listed in SBA Form 500 – Project Closeout Procedures for the final completion of the Contract. It is recommended that deadlines be established for the submission of specific required documents by the responsible parties. Final payment will not be authorized by the SBA until all closeout conditions are met. 500.02. On all new school construction projects or renovations that involve HVAC renovations, the LEA director or county superintendent shall ensure the personnel of the LEA responsible for the operations and maintenance of the new HVAC equipment shall be properly trained. The HVAC training shall encompass the following criteria: 500.021. The training shall be attended by representatives of the LEA and the school who will be actively engaged in the topics to ensure full understanding of the operations and maintenance. This will ensure the investment by the state and LEA in the facility is a prudent and resourceful expenditure. 500.022. The Contractor is charged per the Contract Documents to give a complete system training, that encompasses operations and maintenance of all systems and equipment connected “downstream” from the new portions of Work. The Contractor is responsible for the production of quality training videos and a printed report of the training for future use. Representatives of the LEA are responsible for understanding the content and satisfactorily completing the training. 500.023. The Owner is responsible to notify the West Virginia Department of Education’s Office of School Facilities & Transportation’s HVAC Technicians of the date and location of any and all scheduled HVAC training a minimum of two weeks in advance in order to fulfill the responsibilities as delineated in WV Code §18-9E-3(F)-(G). 500.024. At the conclusion of the HVAC training, the LEA shall submit the verification of HVAC Training Form (SBA Form 500 A) to the SBA and the WVDE Office of School Facilities. (Moved from Appendix I Section R) 211 500.03. 1. The SBA Staff shall be notified by the LEA of the dates and time of substantial completion walk-through inspections and final completion walkthrough inspections by the grant recipient. An SBA representative will may participate in the walk-thru and will accept or reject the Contract as completed by authorizing final payment. 500.04. A completed WVDE BP-13-A or when required and SBA Form 139 The LEA shall complete and submit SBA Form 500 – Project Closeout Procedures will be forwarded to the State Department of Education and the SBA when all punch list items have been satisfactorily addressed and the Contract is complete. The local board project representative shall also submit a completed Contractor and Architect Evaluation Forms (SBA Form 124) 500.05. Final payment for the contract will then be processed by the SBA when the LEA has verified the receipt of or submitted the information required in the Contract Documents and on SBA Form 500 – Project Closeout Procedures Checklist to the appropriate parties 2. Provide at Project Closeout the following documentation, but not limited to: (a) Confirmation of Receiving Operation & Maintenance Manuals, and As-Built Drawings and Specifications. (b) SBA Certificate of Project Completion – For lump sum projects use “WVDE BP-13-A” and for multiple prime contract projects use “SBA 139.” Both of these forms are found in the SBA Guidelines and Procedures Handbook (Appendix L). These Forms should be filled out and signed by the local board of education then forwarded to the Contractor and the Architect / Engineer for signing. (c) Contractor Evaluation Form (SBA 124) (to be completed with SBA staff) (d) Architect/Engineer Evaluation form (SBA 138) (to be completed with SBA staff) (e) SBA Certificate of Occupancy (f) Notification of 11th month walkthrough date (g) Electronic & Hard copy of diagrammatic floor plan of new or renovated schools. Provide the following items: 1. One-line drawing of floor plans including only diagrammatic walls, exiting, doors and windows, existing school 2. One-line drawing with all school access safety data (submit electronic file to Office of Homeland Security) 3. One-line drawing including only walls, doors, windows, room number/names and color-coded HVAC zones with multi-zone equipment located in the HVAC zone (h) Provide a Final TAB report (i) Provide Final Commissioning Report when applicable 212 500.07. Post-Project Data Submission Requirements – The School Building Authority Staff is tracking square footage costs in order to evaluate all relevant aspects of a project with respect to the budget to aid in establishing the appropriate SBA funding formula levels. SBA Form 500 B – Final Square Foot Cost Analysis Report shall be submitted as a part of the closeout process by the Architect to the SBA Staff. 213 501. Evaluation Criteria for Architects / Engineers, Contractors, and Construction Managers 501.01. In order to establish and maintain a high level of accountability on all SBA funded projects, the evaluation of the performance of all parties to an SBA project shall be an important factor in determining the eligibility for an Architect, Engineer, Contractor, Construction Manager or others to perform work on future SBA projects. The SBA Staff shall work with LEAs to establish a consistent, well-documented program of compliance, conformance, and accountability. The performance of each party to a contract that is executed with the use of SBA funds shall receive an evaluation of all required tasks. 501.011. The SBA Staff shall establish and implement a program that tracks Architect / Engineer, Contractor, and Construction Manager accountability using standard notices and/or reports to be issued by the project’s Architect of Record or the Owner. If the number of severe notices or reports of non-conformance or non-compliance reaches an amount determined by the SBA to be excessive, the SBA may vote to place a Contractor, Architect, or Construction Manager on probation and bar the firm from bidding or applying to work on an SBA funded project for a minimum period of one year. In the case of a Contractor or Construction Manager, the West Virginia Contractor License Holder will be similarly barred. 501.02. Throughout the duration of the Project, the Owner, Architect, Contractor, and Construction Manager (where applicable) shall provide to the SBA Staff all communication and information necessary so that the SBA Staff may complete performance evaluations for the Architect / Engineer, Contractor, and Construction Manager (where applicable). The SBA Staff will, as a team, review all project documents and written communication in review of the Owner’s evaluation. Where significant and severe deficiencies of the party evaluated were found, the SBA Staff shall recommend to the Authority placing the under-performing entity on probation. 501.03. The following standard tasks related to accountability shall be completed at the appropriate time and, among all other required Contract Documents, shall be used in the SBA performance evaluations: 501.031. J. Architect/Engineer Evaluation (SBA 138) – The School Building Authority and the Owner Staff shall, at the conclusion of the project, perform evaluations of all Architects / Engineers performing work on each School Building Authority projects. This information must be submitted with the project closeout information provided to the SBA when final payment is requested by the grant recipient. The goal is to have each Architect’s overall work performance evaluated and document a history of excellent, average or poor performance on several projects. This information will also be made available upon request to all grant recipients. The Architect/Engineer shall be 214 evaluated based on meeting design timelines, adherence to the project budget, the clarity of the Contract Documents, the issued standard notices of non-conformance or non-compliance issued to the Contractor when necessary, and the overall quality and performance of the Contract Documents. 501.032. I. Contractor Evaluation (SBA 124) – The School Building Authority and the Owner Staff shall, at the conclusion of the project, perform an evaluation of all Prime Contractors performing work on each School Building Authority projects. This information must be submitted to the SBA at the completion of each project as a part of the project closeout information and accompany the final contractor pay application. The goal is to have each Contractor’s overall work performance evaluated and document a history of excellent, average or poor performance on several projects. This information will also be made available upon request to all grant recipients. The Contractor’s performance, including the performance of all Subcontractors under the Contractor’s surety for a project, shall be evaluated based on specific factors relating to the conformance and compliance of to the Contract Documents including, but not limited to, the following: a. Quality of Construction relating to the number and severity of non-conformance notices received during Construction b. Project documentation tasks as outlined in the Contract Documents relating to the number and severity of non-conformance notices received during Construction. c. Compliance with West Virginia Division of Labor reporting requirements d. Adherence to the project schedule including milestone and completion dates 501.033. Construction Manager Evaluation (Where Applicable) – The School Building Authority Staff shall, at the conclusion of the project perform an evaluation of the Construction Manager performing work on each School Building Authority project. Where applicable, the Construction Manager shall be evaluated based on the management of the project, accuracy of the project budget and schedules, the documented assurances that the Contractor is in compliance with the Contract Documents, and the value the team brings to the project. 501.034. Notice of Defective or Non-Conforming Work (SBA Form 406A) – Upon discovery or notice of Work by the Contractor that is defective, non-compliant, or non-conformant with the Contract Documents, the Architect, with reasonable expediency, shall submit a Notice of Defective or Non-Conforming Work to the Contractor, copying all parties. This notice demands conformity to the Contract Documents within a given time frame or 215 empowers the Owner to deduct the associated cost of remediation to the Contractor. 501.035. Resolution of Defective or Non-Conforming Work (SBA Form 406-B) – This is a formal notice that memorializes to all parties that the Notice of Defective or Non-Conforming work has been resolved. 216 SBA Policy and Procedures APPENDIX A Economies of Scale & Waiver Guidelines (Moved to Section 207) SBA Policy and Procedures APPENDIX B School Major Improvement Plan (Moved to Section 202) SBA Policy and Procedures APPENDIX C CEFP Annual Update School Building Authority of West Virginia CEFP ANNUAL UPDATE Comprehensive Educational Facilities Plan APPENDIX C COUNTY UPDATE – Data to be completed and submitted to SBA and SDE by December 1, of each year. 1. County-wide Facilities Classification Report (SBA/WVDE 116) 2. High School Attendance Areas Facilities Chart – for each high school in the county (SBA #132) 3. Feeder School Summary Report – narrative (SBA 132) 4. MIP Annual Update – (1) List of completed or on-going projects (SBA 145a) and (2) Prioritized list of proposed projects (SBA 145b) 5. School Access Safety Repair and Renovation Schedule (SBA 160) 6. Updated CEFP Executive Summary (SBA 162) 7. Provide annual report of utility costs for all new SBA funded schools or SBA funded total HVAC system replacements to the SBA and SDE (SBA 179) The annual update is to be compiled and submitted to the State Department of Education (1 copy) and the School Building Authority (1 copy) with each section tabbed, and three-hole punched. Tabs should 217 reference the above listed categories. This information may also be transmitted to the SBA office via electronic PDF file. Revised 9/2015 218 SBA Policy and Procedures APPENDIX D SBA Emergency Fund Requirements (Moved to Section 204) SBA Policy and Procedures APPENDIX E Planning Grants School Building Authority of West Virginia PLANNING GRANTS APPENDIX E The SBA may make available funds to assist each county in contracting for the services of a professional planner to develop the ten year CEFP that is to be completed and approved based on the schedule provided by the SBA. These funds shall not exceed 50% of the actual planning contract amount. The SBA will determine the amount of available funding to be provided prior to each ten year planning cycle. The CEFP shall be developed in accordance with State Board Policy 6200 and the attached SBA procedural flow chart. In order to receive these funds, the county must utilize the following procedures: 1. Appropriate application shall be made to the SBA for the funds in advance of advertising for consulting firms to assist with the development of the CEFP. 2. The county will utilize an SBA approved Request for Proposal (RFP) for selection of Professional Services and select a team in accordance with the procedures defined in WV Code 5G-1-3. The team shall consist of qualified educational planners (REFP) as well as a qualified architect licensed in the State of West Virginia. To encourage consistency in demographics and enrollment projections throughout each plan, the SBA may provide a demographer to perform demographics and school enrollment projections. The RFP shall define the scope of work to be performed in the development of the CEFP. The SBA will monitor the progress of the plan development at various stages and upon request the county will adjust the process to comply with SBA requirements. 3. 219 A list of all firms responding to the RFP will be submitted to the SBA for review and approval of each firm’s qualifications. 4. Upon completion of the selection process and successful negotiations with the highest qualified professional firm, a copy of the contractual agreement shall be provided to and approved by the SBA. Any changes in the scope of work or change order to the contracted amount must be approved by the SBA to attain state reimbursement for the expenditure. 2. Upon completion of CEFP Progress Reports #1 (SBA Form 163) and #2 (SBA Form 164) and the submission of a draft copy of the completed data with Progress Report #2, the county may submit a request for payment to the SBA for review and consideration. If all expenses are deemed appropriate, a payment shall be made to the county equivalent to 50% of the total planning grant contracted fee or an amount not to exceed 50% of the SBA Planning Grant amount. The SBA will remit the balance of the planning grant upon completion of the CEFP and its approval by the SBE and the SBA. Revised 9/2015 SBA Policy and Procedures APPENDIX F SBA Procedures for Review of Construction Fund Projects (Needs Projects) (Moved to Section 201) SBA Policy and Procedures APPENDIX G Process for Development of a Design-Build Project School Building Authority of West Virginia PROCESS FOR DEVELOPMENT OF A DESIGN-BUILD PROJECT APPENDIX G SBA grant recipients may use the Design-Build project delivery method. Grant recipients desiring to use the Design-Build method of project delivery must first familiarize themselves with the Design-Build Procurement Act, Article 22A, and Section 5-22A-1 through 16 of the West Virginia Code, Legislative Rules Title 148-CSR-11, and the submission requirements of the Design-Build Board of West Virginia and the School Building Authority (SBA) Process for Development of a Design-Build project. This process will involve significant pre-project submission planning and coordination with the SBA office and should begin six-eight months prior to the annual “Needs” project submission deadline established by the SBA. The following represents the general process for developing a Design-Build project, procurement of design and construction professionals to assist with the project and the submission requirements of the Design-Build Board of West Virginia: 220 1. Before projects are brought to the SBA for preliminary review, the county board must first determine if the project is appropriate as a Design-Build project. The Design-Build Board and SBA have established the following as the basis for determining if Design-Build is the appropriate project delivery method for projects. The county must have the appropriate legal authority to enter into a Design-Build contract (the DesignBuild Procurement Act allows local boards of education to enter into Design-Build contracts). Additionally, the State of West Virginia Design Building Board and the SBA must approve the project as a Design-Build project. The following criteria will be considered: a. The county requires a project design and construction time-line that is faster than the traditional Design-Bid-Build process would allow; b. The project requires close coordination of design and construction expertise or an extreme amount of coordination; c. The county requires early cost commitments; d. The county provides a written plan for funding the project including, but not limited to, the funding necessary to pay for design services and construction costs; and, e. The county has performed sufficient site studies and has selected an appropriate site for the construction of the school. 2. County Superintendent consults with the SBA staff regarding their intent to submit a project for funding consideration using the Design-Build project delivery method. 3. SBA staff and county review the Design-Build criteria and discuss project with the coordinator of the Design-Build Board to determine if the project qualifies as a Design-Build project and to solicit interim approval. Final approval will be provided by the Design-Build Board based on the project submission information provided by the county board during the formal submission phase of the project. 4. Assuming the project meets the Design-Build criteria, the local board submits the project for SBA funding consideration requesting the project use of the Design-Build project delivery method. 5. SBA approves projects and designates those projects where the Design-Build process may be considered. At this time, the SBA Board will provide a contractual commitment for the SBA portion of the finance plan to the completion of the project. The SBA may consider providing a reserve grant in order to proceed with conceptual planning, project criteria development and Design-Build Board approval process. The finance plan would then be completed as funding is required. 6. The county submits an application for project approval to the Design-Build Board, including a finance plan and timeline. The application for project consideration must be completed and all supporting documentation attached in accordance with West Virginia Code 5-22A-2 and Legislature Rules, 148CSR-11. 7. Design-Build Board reviews and approves project and notifies county to proceed with the project based on the requirements of the Design-Build Board and West Virginia Code. 8. SBA/county develops procedure(s) to hire a performance criteria developer. The county board will solicit proposals from qualified performance criteria developers based on the requirements of West Virginia Code and Legislative Rule 148-CSR-11. 221 9. County solicits proposals from, and evaluates qualifications of, qualified performance criteria developers (licensed architects or engineers). The performance criteria developer will provide technical assistance to the local board and prepare the performance criteria document. 10. The county solicits proposals from, evaluates qualifications of, and contracts with an educational facilities planner who will prepare educational specifications for the specific project. Based on SBA requirements and the SBE Policy 6200, Handbook on Planning School Facilities, the county will coordinate the hiring of the educational facilities planner with the SBA office and obtain approval of the SBA before contracting with the educational facilities planner. The educational facilities planner must be qualified to assist the county in the preparation of the plan. The educational facilities planner will work cooperatively with the performance criteria developer to combine the educational specifications and the building component criteria into the performance criteria specification used to obtain Design-Build proposals. The educational specifications and the performance criteria must be submitted to the SBA for approval. 11. In cooperation with the SBA, the county hires the performance criteria developer and the educational planner to assist the county in the development of the project. 12. The county and the performance criteria developer prepare an advertisement and Invitation for Qualification (IFQ) along with the evaluation criteria for Design-Build teams. The IFQ and evaluation criteria must be compatible to assure a fair evaluation of each design builder’s qualification. 13. The performance criteria developer and educational planner complete the educational specification, performance criteria and concept drawing building footprint. Pertinent SBA Supplemental General Conditions must be included in the performance criteria along with the selection evaluation criteria for selecting the Design-Build team. This information is incorporated into the IFQ and the Request for Proposal and provided to Design-Build teams. 14. The county board establishes a selection committee in accordance with Legislative Rule 148-11-4 to review and evaluate the Design-Build teams’ qualifications and proceeds with a formal advertisement of the IFQ for Design-Build teams. Design-Build teams submit qualifications using Design-Build Board and SBA approved submission requirements. The IFQ will be issued to all qualified design builders. 15. The Selection Committee reviews the qualifications and interviews the Design-Build teams. Based on the submitted information and interview scores and the evaluation of each team, a short list of not fewer than three nor greater than five Design-Build teams will then be requested to respond to an Invitation for Proposal (IFP). If fewer than three proposals are received, the county will contact the Design-Build Board to determine whether the county may proceed with the Design-Build process. 16. The short listed Design-Build teams are sent IFP including educational specifications and the project performance criteria and are allowed sufficient time to provide a qualitative proposal and a separate guaranteed maximum cost proposal for the project based on the project criteria provided to each team. 17. The county board receives the technical and cost proposals from each Design-Build team and segments all cost proposals. A “technical review” committee evaluates and scores the proposals submitted for the project. The committee will have, at a minimum, a technical representative of the county, the performance criteria developer as a non-voting member, a representative of the school, the Secretary of Administration and a member of the SBA staff. The performance criteria developer will provide technical assistance to the local board with regard to the development of the process for evaluating the qualitative proposal and the cost proposals submitted by the perspective Design-Builders. 222 18. The scores of each proposal are made public and a cost proposal opening date is established. The cost proposals are publicly opened, evaluated and scored. The scores of the cost proposals shall also be made public. See Leg. Rules 148-11-10 through 12. 19. The technical review committee selects a Design-Build team in accordance with West Virginia Code 5-22A-6, Legislative Rule 148-CSR-11 and the SBA requirements for the selection of a Design-Build team. 20. The Design-Build Board will determine if the technical submissions comply with the requirements of the Design-Build Procurement Act prior to the execution of a contract and, if so, will notify the SBA/county of their approval. 21. The county board and the SBA staff will approve the budget, finance plan and contractual agreement based on the proposals from the Design-Build team prior to execution of a contract for services. 22. The final schematic design will be prepared by the Design-Build team that incorporates the program of spaces and building performance criteria. The final schematic shall be approved by the county board of education and the SBA prior to proceeding to the final design and/or construction. 23. Contractual agreements are executed using the standard AIA form of agreement between the county board and Design-Build team. If an optional contract is used, SBA approval must be provided prior to its execution. 24. At intervals determined by the SBA, the Design-Builder submits project development documents for review and approval to the owner and SBA for performance criteria development, review and approval. 25. The county board hires an SBA approved clerk-of-the-works in accordance with SBA policy to represent the county and SBA during the construction of the project. 26. The county clerk-of-the-works, the SBA and the Design-Build team will cooperate throughout the construction phase in order to construct the project in accordance with county and SBA requirements. 27. SBA contractual obligations must be met and the SBA project close-out requirements must be incorporated into the performance criteria document. The Design-Builder shall comply with SBA requirements incorporated into the performance criteria. Revised 9/2015 SBA Policy and Procedures APPENDIX H SBA Grant Contract (Moved to Form 209) SBA Policy and Procedures APPENDIX I Architectural / Engineering & Construction Regulations (Moved to Chapter 3) 223 SBA Policy and Procedures APPENDIX J PART 1 – SBA Supplemental Instructions to Bidders (Moved to Section 400) SBA Policy and Procedures APPENDIX J PART 2 – Supplemental General Conditions (Moved to Section 401) SBA Policy and Procedures APPENDIX K School Access Safety Plan (Moved to Section 400) 224 School Building Authority of West Virginia SBA Policy and & Procedures Handbook APPENDIX LOF SBA FORMS Chapter 1 Forms FORMS TO SUPPLEMENT COMPREHENSIVE EDUCATIONAL FACILITIES PLANNING (CEFP) PROCEDURES 225 School Building Authority of West Virginia EVALUATION INSTRUMENT Previous Ten Year Comprehensive Educational Facility Plan (CEFP) From __________ To __________ SBA FORM 149 100-A NOTE: THIS FORM MAY BE SUBSTITUTED FOR A SIMILAR DIGITAL INSTRUMENT West Virginia Code §18-9D-16(G) and State West Virginia Board of Education Policy 6200, Article 100.19 requires all county boards of educations LEAs to submit an objective evaluation of the ten-year Comprehensive Educational Facilities Plan (CEFP). This evaluation shall be completed by the CEFP committee established by the local board to plan the upcoming ten-year plan consisting of community members and professional staff from each high school attendance area. The committee will familiarize themselves with the state board requirements of the plan and the current county CEFP prior to completing this evaluation form. All amendments to the plan since the inception of the previous ten-year plan will be objectively evaluated for its effectiveness and completeness of projects within that plan. The following should be used to effectuate this evaluation of the 2000 ten-year plan previous CEFP and also be used as a means to improve future plans. Goals to be evaluated include WV Code §18-9D-16(g): 1. Student Health and Safety 5. Curricular Improvements 2. Economies of Scale 6. Educational Innovations 3. Demographic Circumstances and Travel 7. Adequacy of Space for Projected 4. Multi-County Projects Enrollments (1 – Poor Rating; 3 – Adequately met the need or requirement; 5 – Excellent Rating) 1. Did the CEFP contain all data required in State Board Policy 6200? 1 2 3 4 5 2. Was the data sufficient to allow prudent long-range planning decisions to be made regarding the educational direction and facility needs necessary to accomplish the desired goals of the ten-year plan? 1 2 3 4 5 3. Was the original plan significantly amended during the ten-year cycle? Yes _____No_____ If the original plan was altered: 226 (a) Did alternations in the plan generally prove to be positive changes? 1 2 3 4 5 (b) Did the amended plan effectively improve the county’s LEA’s ability to deliver the curriculum? 1 2 3 4 5 (c) Were the amendments generally politically initiated rather than educationally motivated? 1 2 3 4 5 4. Were local and SBA funds used effectively for individual school projects that further the overall goals of the county plan and the goals of the SBA as defined in 18-9D-16(d)? 1 2 3 4 5 5. To what degree has/will the projects identified in the ten year plan be effectively completed during this planning period? 25% 50% 70% 80% 85% 90% 95% 100% Comments relative to the major issues (positive and negative) that led to the conclusion of the evaluation committee in Items 1 thru 5. (Additional comments may be attached) Comments relative to improving the plan to be developed for the upcoming ten-year planning cycle. List Committee Members below: _________________________________________ __________________________________________ 227 _________________________________________ __________________________________________ _________________________________________ __________________________________________ _________________________________________ __________________________________________ _________________________________________ __________________________________________ _________________________________________ __________________________________________ _________________________________________ __________________________________________ _________________________________________ __________________________________________ _________________________________________ __________________________________________ _________________________________________ __________________________________________ Committee Chairperson SBA 149 100-A Revised 9/2015 228 Date School Building Authority of West Virginia FACILITY GENERAL INFORMATION EVALUATION WORKSHEET (Complete one form for each facility or homogeneous area of the building) SBA FORM 134 100-B NOTE: THIS FORM MAY BE SUBSTITUTED FOR A SIMILAR SBAAPPROVED DIGITAL INSTRUMENT Instructions: After completing the evaluation worksheet, complete the Space Evaluation and School Improvement Cost summary for the appropriate grade configuration. Facility ID#: Facility Name: ___________________________ ___________________________ County: ____________________ Date: _______________________ Original Square Feet: Addition One: Addition Two: Addition Three: Addition Four: Addition Five: Addition Six: Addition Seven: Year of Construction _________________________ _________________ _________________________ _________________ _________________________ _________________ _________________________ _________________ _________________________ _________________ _________________________ _________________ _________________________ _________________ _________________________ _________________ Total Sq. Feet: _________________________ ENERGY INDEXES: (List below the total amount of each fuel source used by this facility for one year) Electric _____________________ Kilowatts Natural Gas_____________________ MCF (List only mcf or decotherms) Natural Gas_____________________ Decotherms (List only mcf or decotherms) Coal _____________________ Tons #2 Fuel Oil _____________________ Gallons Propane _____________________ Pounds Used Oil _____________________ Gallons Wood Chips _____________________ Tons Other(specify) _____________________ Amount: __________ Units: __________ SBA134 School Building Authority of West Virginia 229 Site Evaluation Worksheet (Complete just one form for each site) Facility ID#: ________________ Facility Name: ___________________________________ County: ___________________________________________________________ FOR CONDITIONS: 1-Inadequate; 2-Below Average; 3-Average; 4-Above Average; 5-Excellent SITE CONDITIONS: _____ City _____ Rural Actual Acres _____ Useable Acres _____ Site adequate for expansion: _____ Yes _____ No Are public parks/areas adjacent: _____ Yes _____ No _____% site out of flood plain _____% site in flood plain Site Remarks: (use additional sheets if needed) Overall Site Condition: 1 2 3 4 5 DRAINAGE: Drainage Remarks: (use additional sheets if needed) Overall Drainage Condition: 1 2 3 4 5 PARKING: Paved Parking _____ square feet Unpaved Parking _____ square feet Parking adequately lit: _____ Yes _____ No Adequacy of Parking: 1 2 3 4 5 Parking Remarks: (use additional sheets if needed) Overall Parking Condition: 1 2 3 4 5 BUS LOADING: Bus Loading Adequate: _____ Yes _____ No Bus Loading Remarks: (use additional sheets if needed) Overall Bus Loading Condition: 1 2 3 4 5 ACCESS ROADS: Adequacy of On-Site Access Roads: 1 2 3 4 5 Adequacy of Off-Site Access Roads: 1 2 3 4 5 Access Roads Remarks: (use additional sheets if necessary) Overall Access Road Condition: 230 1 2 3 4 5 PLAYFIELDS/PLAYCOURTS: Adequacy of Playfields: 1 2 3 4 5 Adequacy of Playcourts: 1 2 3 4 5 Playfields/Playcourts Remarks: (use additional sheets if needed) Overall Playfield/Playcourts Condition: 1 2 3 4 5 SITE UTILITIES: Electrical Services: _____ Phase _____ Voltage _____ Amps Electric Utility Company: _________________________ Main Service Feed into Building: _____ Underground _____Overhead Electrical Service Remarks: (use additional sheets if needed) Overall Electrical Service Condition:1 2 3 4 5 Fuel Sources: _____ Natural Gas _____ Coal _____ Fuel Oils _____ Propane Other (Specify): ____________________________________ Fuel Utility Company: _______________________________ Fuel Line Size: __________ inches Fuel Sources Remarks: (use additional sheets if needed) Overall Fuel Sources Condition: 1 2 3 4 5 Water Sources: _____ Public _____ Well Water Line Size: _____ inches Water Utility Company: _____________________________ Water Sources Remarks: (use additional sheets if needed) Overall Water Sources Condition: 1 2 3 4 5 Sewage Systems: _____ Public _____ SepticOther (specify): __________________ PSD: ___________________________________________________ Sewage System Remarks: (use additional sheets if needed) Overall Sewage System Condition: 1 2 3 School Building Authority of West Virginia Building Component Evaluation Worksheet 231 4 5 (Complete an individual form for each building addition or homogeneous area of the building) BUILDING COMPONENT EVALUATION: Facility ID#: ____________________________ County: ___________________ Facility Name: ___________________________ Date: _____________________ Square Feet of Building: ____________________ Year Constructed: ___________ BUILDING STRUCTURES: _____ Load Bearing Masonry _____ Steel Frame _____ Wood Frame Other (specify):__________________________ Building Structures Remarks: (use additional sheets if needed) Overall Building Structure Condition: 1 2 3 4 5 FLOOR STRUCTURES: _____ Steel Joist/Concrete Floor Area Square Feet: __________________ _____ Wood Joists Floor Area Square Feet: __________________ _____Slab on Grade Floor Area Square Feet: __________________ Other (specify): __________ Floor Area Square Feet: __________________ Floor Structures Remarks: (use additional sheets if needed) Overall Floor Structure Condition: 1 2 3 4 5 ROOF: Roof Structure: _____ Steel Joists _____ Wood Joists Other (specify): _________ Roof Structure Remarks: (use additional sheets if needed) Overall Roof Structure Condition: 1 2 3 4 5 Roof Coverings: Sq. Ft. Yr. Installed Condition _____Built-up Roofing ______ __________ ___________ _____Modified Bituminous ______ __________ ___________ _____Shingles, Asphalt ______ __________ ___________ _____Shingles, Fiberglass ______ __________ ___________ _____Membrane, Ballasted ______ __________ ___________ _____Membrane, Mech. Fast ______ __________ ___________ _____Membrane, Direct Glue ______ __________ ___________ _____Metal Roofing ______ __________ ___________ Other (specify):_______________ ______ __________ ___________ Roof Coverings Remarks: (use additional sheets if needed) WALL FINISHES: 232 Square Feet Condition _____Plaster __________ _________________ _____Drywall __________ _________________ _____Masonry __________ _________________ _____Ceramic Tile __________ _________________ Other (specify): _______________ __________ _________________ Wall Finishes Remarks: (use additional sheets if needed) Overall Wall Finishes Condition: 1 2 3 4 5 CEILING FINISHES: Square Feet Condition _____Plaster __________ _________________ _____Drywall __________ _________________ _____Acoustical Tile __________ _________________ _____Exposed __________ _________________ Other (specify):_______________ __________ _________________ Ceiling Finishes Remarks: (use additional sheets if needed) Overall Ceiling Finishes Condition: 1 2 3 4 5 FLOOR FINISHES: Square Feet Condition _____Asbestos Tile __________ _________________ _____Vinyl Composition Tile __________ _________________ _____Ceramic Tile __________ _________________ _____Terrazzo __________ _________________ _____Exposed Concrete __________ _________________ _____Exposed Wood __________ _________________ Other (specify): _______________ __________ _________________ Floor Finishes Remarks: (use additional sheets if needed) Overall Floor Finishes Condition: 1 2 3 4 5 DOORS: Exterior Doors: Number Condition _____Aluminum, Exterior ______ _________________ _____Steel, Exterior ______ _________________ _____Wood, Exterior ______ _________________ Other, (specify):__________ ______ _________________ Exterior Doors Remarks: (use additional sheets if needed) Overall Exterior Doors Condition: Interior Doors: Number _____Aluminum, Interior ______ _____Steel, Interior ______ _____Hollow Core Wood ______ 1 233 2 3 4 5 Condition __________________ __________________ __________________ _____Solid Core Wood _____Fire Rated Wood Other (specify):__________ Interior Doors Remarks: (use ______ ______ ______ additional sheets Overall Interior Doors Condition: 1 2 __________________ __________________ __________________ if necessary) 3 4 5 WINDOWS: Operating Windows: Energy Year Number Efficient Installed _____Aluminum Frame, Oper. ______ _______ _______ _____Steel Frame, Oper. ______ _______ _______ _____Wood Frame, Oper. ______ _______ _______ _____Vinyl Frame, Oper. ______ _______ _______ _____Rescue/Ventilation ______ _______ _______ Other (specify):_______________ ______ _______ _______ Operating Windows Remarks: (use additional sheets if needed) Overall Operating Windows Condition: 1 2 3 4 5 Fixed Windows: Energy Year Number Efficient Installed _____Aluminum, Frame, Fixed ______ _______ _______ _____Steel Frame, Fixed ______ _______ _______ _____Wood Frame, Fixed ______ _______ _______ _____Vinyl Frame, Fixed ______ _______ _______ Other (specify): _______________ ______ _______ _______ Fixed Windows Remarks: (use additional sheets if needed) Overall Fixed Windows Condition: BOILERS: Manufacturer _____Boilers, Gas Fired _____Boilers, Coal Fired _____Boilers, Oil Fired _____Boilers, Wood Fired _____Boilers, Propane Fired 1 Number 2 3 4 5 Average mbh ______ ___________ ___________ ___________ ___________ ______ ___________ ___________ ______ ___________ ___________ ______ ___________ ___________ ______ BOILERS (cont’d): Number Average mbh Manufacturer Other (specify):_______________ ______ ___________ ___________ Boilers Remarks: (use additional sheets if needed) Overall Boilers Condition: 234 1 2 3 4 5 FURNACES: Number Average mbh Manufacturer _____Furnace, Gas Fired ______ ___________ ___________ _____Furnace, Coal Fired ______ ___________ ___________ _____Furnace, Oil Fired ______ ___________ ___________ _____Furnace, Propane Fired ______ ___________ ___________ Other (specify):_______________ ______ ___________ ___________ Furnace Remarks: (use additional sheets if needed) Overall Furnaces Condition: 1 2 3 4 5 AIR HANDLING UNITS: Number _____Roof Type ______ _____Interior Units ______ Other (specify):________________ ______ Air Handling Units Remarks: (use additional sheets if needed) Overall Air Handling Condition: 1 2 3 4 5 INTERIOR VENTILATION TYPE: _____Central _____Individual Other (specify):____________________________ Interior Ventilation Remarks: (use additional sheets if needed) Overall Interior Ventilation Condition: AIR HANDLING HEAT SYSTEMS: _____Cabinet, Fan Coil _____Cabinet, Unit Heater _____Individual Furnaces _____Fin Coil _____Radiator 1 2 3 4 5 Number ______ ______ ______ ______ ______ AIR HANDLING HEAT SYSTEMS (cont’d): Number _____Baseboard ______ _____Hot Water ______ _____Steam ______ Other (specify):____________________ ______ Air Handling Heat Systems Remarks: (use additional sheets if needed) Overall Air Handling Heat Systems Condition:1 2 HEATING/COOLING UNITS: _____Unit Ventilators 235 Number ______ 3 4 5 _____Incremental Units ______ _____Heat Pumps, Standard ______ _____Heat Pumps, Water Source ______ _____Multi-Zone Units ______ _____Single Zone Units ______ _____Duct Heaters ______ Other (specify):____________________ ______ Heating/Cooling Units Remarks: (use additional sheets if needed) Overall Heating/Cooling Condition: 1 2 3 4 5 ELECTRICAL: Lighting Fixtures: Number _____Florescent Fixtures ______ _____Incandescent Fixtures ______ _____Mercury Vapor Fixtures ______ _____High Pressure Sodium Fixtures ______ Other (specify):_____________________ ______ Lighting Fixtures Remarks: (use additional sheets if needed) Overall Lighting Fixtures Condition: 1 2 3 4 5 Fire Alarm System: Manufacturer:_________________________________________ Number _____Smoke Detectors ______ _____Heat Detectors ______ _____Pull Stations ______ Fire Alarm System Remarks: (use additional sheets if needed) Overall Fire Alarm System Condition:1 2 3 4 5 Power/Receptacle System: Power/Receptacle System Remarks: (use additional sheets if needed) Overall Power/Receptacle System Condition: 1 2 3 TECHNOLOGY INFRASTRUCTURE: _____Sufficient Electrical Capacity _____Power Receptacles Availability _____Technology Electrical Wiring 236 Condition ________ ________ ________ 4 5 _____Technology Delivery Systems ________ ID Network Type (if available) __________ ________ _____ Inventory Records of Hardware ________ Other (specify):____________________________ ________ Deficiencies ______________________________ Technology Remarks: (use additional sheets if needed) Overall Technology Infrastructure Condition: TECHNOLOGY ASSESSMENT: 1 2 3 4 5 Condition _____Teacher Training ________ _____Software Use ________ _____Purchasing Practices ________ _____Network Administration ________ Certified Network Engineer ________ Eng ________ _____Inventory Records ________ Other (specify):____________________________ ________ Deficiencies ______________________________ Technology Remarks: (use additional sheets if needed) Overall Technology Assessment Condition: 1 2 3 4 5 SCHOOL ACCESS SAFETY AUDIT Evaluate the effectiveness of the following School Access Safety Plan components Condition ___Planning ________ ___Deterrence ________ ___Detection ________ ___Delay ________ _________Communication__________________________________ _________Evacuation______________________________________ _________Bullying________________________________________ Safety Remarks: (use additional sheets if needed) Overall Safety Access Audit Condition: 237 1 2 3 4 5 238 School Building Authority of West Virginia FACILITIES SPACE EVALUATION Early Childhood/Primary and Elementary Education (PreK-5) NOTE: THIS FORM MAY BE SUBSTITUTED FOR A SIMILAR SBAAPPROVED DIGITAL INSTRUMENT School ID#: _______________________________ County: ___________________ School Name: ___________________________________________________________ NOTE: Difference = No. of existing rooms – (minus) No. of Required spaces. No. rooms are evaluated as the same types RATING SCALE: 1 = Inadequate 2 = Below Average 3 = Average 4 = Above Average 5 = Excellent 1. ____ ADMINISTRATION: Exist spaces_____ Reqd. spaces_____ Difference+/Size: 1 Condition: 1 Remarks: 2. ____ 2 2 3 3 4 4 5 5 STUDENTS SERVICES: Exist spaces____Reqd spaces____Difference+/Size: 1 Condition: 1 Remarks: 2 2 3 3 4 4 5 5 3. PRE-KINDERGARTEN:Exist spaces_____Reqd spaces_____Difference+/_____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 4. KINDERGARTEN: Exist spaces_____Reqd spaces_____Difference+/_____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 5. PRIMARY: _____ Size: 1 Condition: 1 Remarks: 239 Exist spaces_____Reqd spaces_____Difference+/2 2 3 3 4 4 5 5 1 = Inadequate 2 = Below Average 3 = Average 4 = Above Average 5 = Excellent 6. ITINERANT SPACES: Exist spaces____Reqd spaces_____Difference+/_____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 7. MEDIA CENTER: _____ Size: 1 Condition: 1 Remarks: Exist spaces_____Reqd spaces_____Difference+/2 2 3 3 4 4 5 5 8. SPECIAL EDUCATION: Exist spaces___Reqd spaces___Difference+/- ____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 9. MUSIC: Exist spaces_____Reqd spaces_____Difference+/- _____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 10. ART: Exist spaces_____Reqd spaces_____Difference+/- _____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 11. COMPUTER LAB: Exist spaces_____Reqd spaces_____Difference+/- ____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 12. MULTI-PURPOSE: Exist spaces_____Reqd spaces_____Difference+/- ____ A. Activities Size: 1 2 3 4 5 Condition: 1 2 2 4 5 Remarks: B. Dining Size: 1 Condition: 1 Remarks: 240 2 2 3 3 4 4 5 5 13. ____ SEPARATE DINING: Exist spaces_____Reqd spaces_____Difference+/Size: 1 Condition: 1 Remarks: 2 2 3 3 4 4 5 5 14. KITCHEN: Exist spaces_____Reqd Size: 1 2 3 Condition: 1 2 3 Adequate Storage: 1 2 Remarks: spaces_____Difference+/- _____ 4 5 4 5 3 4 5 15. STAFF/FACULTY: Exist spaces____Reqd spaces____Difference+/- ____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 16. TOILETS: Size: Exist spaces_____Reqd spaces_____Difference+/- _____ 1 2 3 4 5 FIXTURES: Exist fixtrs_____Reqd fixtrs_____Difference+/- _____ Condition: 1 2 3 4 5 Remarks: 17. ____ STORAGE GENERAL: Exist spaces____Reqd spaces____Difference+/Size: 1 Condition: 1 Remarks: 18. 2 2 3 3 4 4 5 5 STORAGE INSTR.: Exist spaces_____Reqd spaces_____Difference+/- ____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 19. CUSTODIAL: Exist spaces_____Reqd spaces_____Difference+/- _____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 20. TECHNOLOGY CLOSETS: Exist spaces _____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 241 Reqd spaces Difference+/ Remarks: 21. OTHER SPACES: _____ Size: 1 Condition: 1 Remarks: Exist spaces_____Reqd spaces_____Difference+/2 2 3 3 4 4 5 5 22. ADEQUACY/CONDITION OF FURNISHINGS AND EQUIPMENT: Condition: 1 2 3 4 5 Remarks: 23. ECONOMIES OF SCALE: 1 2 3 (Refer to Handbook – 100.0142 G) 24. BLDG UTILIZATION, (U): _____% 1 2 3 4 5 Current Enrollment Building Utilization = 100 x _____________________________________ Number of Existing Classrooms x 25 Building Utilization = ___________% Number of classrooms used for exceptionality education _________________ *Below 60 1 = Inadequate Excellent 4 5 Greater 61-70 71-80 81-85 than 85 2 = Below Average 3 = Average 4 = Above Average 5 = *Building utilizations in the range of 80-90% are recommended. However, programmatic offerings must be considered and the building capacity may be reduced as programmatic offerings are factored into the utilization calculation. 242 School Building Authority of West Virginia SCHOOL IMPROVEMENT COST SUMMARY Early Childhood/Primary and Elementary Education (PreK-5) NOTE: THIS FORM MAY BE SUBSTITUTED FOR A SIMILAR SBAAPPROVED DIGITAL INSTRUMENT (Based on deficiencies identified during the evaluation of existing facilities) School Name/Use: __________________________________________________ County: __________________________________________________ Design Capacity Enrollment: __________________________________________________ IMPROVEMENT ITEM 1. SITE WORK Land Acquisition __________ Excavation/Grade __________ Drainage __________ Walks (6 ft wide) __________ Parking Bus Loading __________ Roads Playing Fields Other____________ __________ Other____________ __________ Other____________ __________ Sub-Total UNIT ITEM QUANTITY COST COST UNIT ACRES CUB FT __________ __________ LIN FT SQ FT SQ FT SQ FT SQ FT SQ FT _____ _____ _____ _____ __________ __________ REMARKS _____ _____ _____ _____ __________ _____ _____ __________ __________ _____ _____ __________ _____ _____ __________ __________ _____ _____ __________ _____ __________ _____ _____ _____ __________ _____ _____ _____ __________ _____ _____ __________ _____ _____ __________ 2. RENOVATIONS, EXTERIOR: Wall Structure SQ FT __________ _____ _____ __________ Floor Structure SQ FT __________ _____ _____ __________ 243 Roof Structure Wall Facing __________ Windows __________ Doors/Frames Roofing Coping/Parapet __________ Painting Other_____________ Other_____________ Other_____________ SQ FT __________ _____ _____ __________ SQ FT __________ _____ _____ EACH _____ _____ EACH SQ FT __________ __________ LIN FT SQ FT _____ _____ _____ __________ __________ __________ __________ _____ _____ _____ _____ _____ _____ _____ _____ __________ __________ __________ __________ __________ _____ _____ __________ Sub-Total 3. RENOVATIONS, INTERIOR: Floor Covering SQ FT Patch & Painting SQ __________ Ceiling Finish SQ FT Plumbing SQ __________ Heating/Ventilating SQ __________ Air Conditioning SQ __________ Lighting SQ FT Wiring SQ FT Fire Alarm SQ __________ Communication System SQ __________ Technology __________ Interior Doors EACH Other _____________ _____ Other _____________ _____ Other _____________ _____ Sub-Total __________ FT _____ _____ __________ _____ _____ __________ __________ _____ _____ __________ _____ _____ __________ __________ _____ _____ __________ _____ _____ __________ FT __________ _____ _____ FT __________ _____ _____ FT __________ _____ _____ __________ _____ _____ __________ __________ _____ _____ __________ FT __________ _____ _____ FT __________ _____ _____ __________ _____ _____ __________ __________ __________ __________ _____ _____ _____ _____ _____ _____ _____ _____ __________ __________ __________ __________ __________ _____ _____ __________ 4. BUILDING ADDITIONS INCLUDING FURNITURE, FURNISHINGS & EQUIPMENT: Administration SQ FT __________ _____ _____ __________ 244 Student Services SQ FT __________ _____ __________ Kindergarten SQ FT __________ _____ __________ Primary SQ FT __________ _____ _____ Media Center SQ FT __________ _____ _____ Special Education SQ FT __________ _____ __________ Music SQ FT __________ _____ _____ Art SQ FT __________ _____ __________ Computer Lab SQ FT __________ _____ _____ Multi-Purpose SQ FT __________ _____ _____ Kitchen SQ FT __________ _____ _____ Staff/Faculty SQ FT __________ _____ __________ Toilets/Fixtures SQ FT __________ _____ _____ Storage General SQ FT __________ _____ __________ Storage Instructional SQ FT __________ __________ Custodial SQ FT __________ _____ __________ Other ______________ _____ __________ _____ _____ Other ______________ _____ __________ _____ _____ Other ______________ _____ __________ _____ _____ Circulation @30% __________ __________ Sub-Total __________ _____ _____ 5. SPECIAL CONSTRUCTION: Elevator EACH __________ _____ Sprinkler System SQ FT __________ __________ Kitchen Equipment ALL __________ __________ Waste Treatment EACH __________ __________ Other _____________ _____ __________ _____ Other _____________ _____ __________ _____ Other _____________ _____ __________ _____ Sub-Total 6. OTHER SPECIAL COSTS: 245 __________ _____ _____ __________ __________ _____ __________ _____ __________ __________ __________ _____ __________ _____ _____ _____ _____ __________ __________ __________ _____ _____ __________ _____ __________ _____ _____ _____ _____ _____ _____ _____ _____ _____ __________ __________ __________ _____ _____ __________ ______________________ __________ ______________________ __________ ______________________ __________ Sub-Total __________ 7. ARCHITECTURAL/ENGINEERING FEES: New Construction _____% __________ __________ Renovations _____% __________ __________ Sub-Total _____ _____ _____ _____ _____ __________ _____ _____ __________ 8. MISCELLANEOUS: Survey EACH Soil Inv. EACH Other ______________ _____ Other ______________ _____ Other ______________ _____ __________ __________ __________ __________ __________ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ __________ __________ __________ __________ __________ __________ _____ _____ __________ Sub-Total 9. CONTINGENCIES: New Construction __________ Renovations __________ Sub-Total _____ 2% __________ _____ _____ 6% __________ _____ _____ __________ _____ _____ __________ 10. GRAND TOTAL PROJECT COST: __________ _____ _____ __________ Additional Land Improved to Bring to __________ State Standard _____ _____ __________ __________ _____ _____ _____ __________ ACRES Design/Capacity 246 $/Student Amount Cost to Build a New School/No Land Ratio – Cost to Improve The Building/Cost of New Building ____________ 247 _____________ ________ _____________ ________ ________ ____________ ________ School Building Authority of West Virginia FACILITIES SPACES EVALUATION Middle/Junior High School Education (6-8) NOTE: THIS FORM MAY BE SUBSTITUTED FOR A SIMILAR SBAAPPROVED DIGITAL INSTRUMENT School ID#: _______________________________ County: ___________________ School Name: ___________________________________________________________ NOTE: Difference = No. of existing rooms – (minus) No. of Required spaces. No. rooms are evaluated as the same types RATING SCALE: 1 = Inadequate 2 = Below Average 3 = Average 4 = Above Average 5 = Excellent 1. ADMINISTRATION: Exist spaces____Reqd spaces____Difference+/- ____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 2. ____ STUDENT SERVICES: Exist spaces____Reqd spaces____Difference+/Size: 1 Condition: 1 Remarks: 2 2 3 3 4 4 5 5 3. BASIC: Exist spaces____Reqd spaces____Difference+/- ____ Language Arts Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 4. BASIC: Exist spaces____Reqd spaces____Difference+/- ____ Mathematics Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 5. BASIC: Exist spaces____Reqd spaces____Difference+/- ____ Social Studies Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 1 = Inadequate 2 = Below Average 3 = Average 4 = Above Average 5 = Excellent 248 6. BASIC: Exist spaces____Reqd spaces____Difference+/- ____ Science Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 7. CORRECTIVE/REMEDIAL: spaces___Difference+/- ___ Size: 1 2 3 Condition: 1 2 3 Remarks: 8. ____ 4 4 5 5 HEALTH EDUCATION: Exist spaces____Reqd spaces____Difference+/Size: 1 Condition: 1 Remarks: 9. Exist spaces___Reqd 2 2 3 3 4 4 5 5 COMPUTER LAB: Exist spaces____Reqd spaces____Difference+/- ____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 10. LIBRARY/MEDIA CTR.: Exist spaces____Reqd spaces____Difference+/_____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 11. ELECTRONIC TECH (LAB): Exist spaces____Reqd spaces____Difference+/- ____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 12. HOME ECONOMICS: Exist spaces____Reqd spaces____Difference+/- ____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 13. ART: Exist spaces____Reqd spaces____Difference+/- ____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 249 14. BUSINESS ED: Exist spaces____Reqd spaces____Difference+/- ____ Size: 1 Condition: 1 Remarks: 2 2 3 3 4 4 5 5 15. TECHNOLOGY EDUCATION: Exist spaces____Reqd spaces____Difference+/- ____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 16. MUSIC: Exist spaces____Reqd spaces____Difference+/- ____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 17. PHYSICAL ED: Exist spaces____Reqd spaces____Difference+/- ____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 18. AUDITORIUM: Exist spaces____Reqd spaces____Difference+/- ____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 19. KITCHEN: Exist spaces____Reqd spaces____Difference+/- ____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 20. DINING: Exist spaces____Reqd spaces____Difference+/- ____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 21. EXCEPTIONAL: Exist spaces____Reqd spaces____Difference+/- ____ STUDENTS INSTRUCTION Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 22. STAFF/FACULTY: Exist spaces____Reqd spaces____Difference+/- ____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 250 Remarks: 23. TOILETS: Size: Exist spaces____Reqd spaces____Difference+/- ____ 1 2 3 4 5 FIXTURES: Exist fixtrs____Reqd fixtrs____Difference+/- ____ Condition: 1 2 3 4 5 Remarks: 24. CUSTODIAL: Size: 1 Condition: 1 Remarks: 2 2 No. of spaces____Reqd spaces____Difference+/- ____ 3 4 5 3 4 5 25. MECHANICAL: Exist spaces____Reqd spaces____Difference+/- ____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 26: ____ STORAGE GENERAL: Exist spaces____Reqd spaces____Difference+/Size: 1 Condition: 1 Remarks: 2 2 3 3 4 4 5 5 27. STORAGE INSTR: Exist spaces____Reqd spaces____Difference+/- ____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 28. OTHER SPACES: No. of spaces____Reqd spaces____Difference+/- ____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 29. ADEQUACY/CONDITION OF FURNISHINGS AND EQUIPMENT: Condition: 1 2 3 4 5 Remarks: 30. ECONOMIES OF SCALE: 1 2 (Refer to Handbook – 100.0142 G) 31. BLDG UTILIZATION (U): ____% 1 2 3 4 5 Current Enrollment Building Utilization = 100 x _____________________________________ Number of Existing Classrooms x 25 251 3 4 5 Building Utilization = ___________% Number of classrooms used for exceptionality education _________________ Greater *Below 60 61-70 71-80 81-85 than 85 1 = Inadequate 2 = Below Average 3 = Average 4 = Above Average 5 = Excellent *Building utilizations in the range of 80-90% are recommended. However, programmatic offerings must be considered and the building capacity may be reduced as programmatic offerings are factored into the utilization calculation. 252 School Building Authority of West Virginia SCHOOL IMPROVEMENT COST SUMMARY Middle/Junior High School Education (6-8) NOTE: THIS FORM MAY BE SUBSTITUTED FOR A SIMILAR SBAAPPROVED DIGITAL INSTRUMENT (Based on deficiencies identified during the evaluation of existing facilities) School Name/Use: __________________________________________________ County: __________________________________________________ Design Capacity Enrollment: __________________________________________________ IMPROVEMENT ITEM 1. SITE WORK Land Acquisition __________ Excavation/Grade __________ Drainage __________ Walks (6 ft wide) __________ Parking Bus Loading __________ Roads Playing Fields Other _____________ Other _____________ Other _____________ Sub-Total UNIT ITEM QUANTITY COST COST UNIT ACRES CUB FT __________ __________ LIN FT SQ FT SQ FT SQ FT SQ FT SQ FT _____ _____ _____ _____ _____ _____ _____ __________ _____ _____ __________ __________ _____ _____ __________ __________ __________ __________ __________ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ __________ __________ __________ __________ __________ __________ _____ _____ __________ 2. RENOVATIONS, EXTERIOR: Wall Structure SQ FT __________ _____ Floor Structure SQ FT __________ __________ Roof Structure SQ FT __________ _____ Wall Facing SQ FT __________ __________ 253 _____ _____ _____ _____ __________ __________ REMARKS _____ __________ _____ _____ _____ __________ _____ _____ Windows __________ Doors/Frames Roofing Coping/Parapet __________ Painting Other _____________ Other _____________ Other _____________ EACH _____ _____ EACH SQ FT __________ __________ LIN FT SQ FT _____ _____ _____ __________ __________ __________ __________ _____ _____ _____ _____ _____ _____ _____ _____ __________ __________ __________ __________ __________ _____ _____ __________ Sub-Total 3. RENOVATIONS, INTERIOR: Floor Covering SQ FT Patch & Painting SQ __________ Ceiling Finish SQ FT Plumbing SQ __________ Heating/Ventilating SQ __________ Air Conditioning SQ __________ Lighting SQ FT Wiring SQ FT Fire Alarm SQ __________ Communication System SQ __________ Technology __________ Interior Doors EACH Other _____________ _____ Other _____________ _____ Other _____________ _____ Sub-Total __________ FT _____ _____ __________ _____ _____ __________ __________ _____ _____ __________ _____ _____ __________ __________ _____ _____ __________ _____ _____ __________ FT __________ _____ _____ FT __________ _____ _____ FT __________ _____ _____ __________ _____ _____ __________ __________ _____ _____ __________ FT __________ _____ _____ FT __________ _____ _____ __________ _____ _____ __________ __________ __________ __________ _____ _____ _____ _____ _____ _____ _____ _____ __________ __________ __________ __________ __________ _____ _____ __________ 4. BUILDING ADDITIONS including Furniture, Furnishings and Equipment: Administration SQ FT __________ _____ _____ __________ Student Services SQ FT __________ _____ _____ __________ 254 Basic SQ FT __________ _____ _____ Reading SQ FT __________ _____ _____ Health Education SQ FT __________ _____ __________ Computer Lab SQ FT __________ _____ _____ Inst. Mat. Center SQ FT __________ _____ __________ Home Economics SQ FT __________ _____ __________ Art SQ FT __________ _____ __________ Ind. Technology SQ FT __________ _____ __________ Music SQ FT __________ _____ _____ Physical Education SQ FT __________ _____ __________ Auditorium SQ FT __________ _____ __________ Kitchen SQ FT __________ _____ _____ Dining SQ FT __________ _____ _____ Business Education SQ FT __________ _____ __________ Co-Op Education SQ FT __________ _____ __________ Special Education SQ FT __________ _____ __________ Drivers Education SQ FT __________ _____ __________ Staff/Faculty SQ FT __________ _____ __________ Toilets/Fixtures SQ FT __________ _____ _____ Custodial SQ FT __________ _____ __________ Mechanical SQ FT __________ _____ __________ Storage – General SQ FT __________ _____ __________ Storage – Instr. SQ FT __________ _____ __________ Other ______________ _____ __________ _____ _____ Other ______________ _____ __________ _____ _____ Circulation @30% __________ __________ Sub-Total 255 __________ _____ _____ __________ __________ _____ __________ _____ _____ _____ _____ __________ _____ _____ __________ __________ _____ _____ _____ _____ _____ __________ _____ _____ _____ _____ __________ __________ _____ _____ __________ 5. SPECIAL CONSTRUCTION: Elevator EACH __________ _____ Sprinkler System SQ FT __________ __________ Kitchen Equipment ALL __________ __________ Waste Treatment EACH __________ __________ Other _____________ _____ __________ _____ Other _____________ _____ __________ _____ Other _____________ _____ __________ _____ Sub-Total __________ _____ 6. OTHER SPECIAL COSTS: __________________ _____ __________________ _____ __________________ _____ __________________ _____ Sub-Total __________ __________ __________ __________ __________ _____ _____ _____ _____ _____ _____ __________ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ __________ __________ __________ __________ _____ _____ _____ _____ _____ __________ __________ __________ __________ __________ 7. ARCHITECTURAL/ENGINEERING FEES: New Construction _____% __________ _____ _____ __________ Renovations _____% __________ _____ _____ __________ Sub-Total __________ _____ _____ __________ 8. MISCELLANEOUS: Survey Soil Inv. ________________ __________ ________________ __________ Sub-Total 9. CONTINGENCIES: New Construction __________ Renovations __________ Sub-Total 10. GRAND TOTAL 256 EACH EACH __________ _____ _____ __________ __________ _____ _____ __________ _____ __________ _____ _____ _____ __________ __________ _____ _____ _____ _____ __________ 2% __________ _____ _____ 6% __________ _____ _____ __________ _____ _____ __________ PROJECT COST __________ Additional Land Improved to Bring to __________ State Standard __________ _____ __________ ACRES Design/Capacity Cost to Build a New School/No Land Ratio – Cost to Improve The Building/Cost of New Building ____________ 257 _____________ _____ _____ _____ _____ __________ __________ _____ _____ $/Student ________ _____________ Amount ________ ________ ____________ ________ School Building Authority of West Virginia FACILITIES SPACES EVALUATION High School Education (9-12) NOTE: THIS FORM MAY BE SUBSTITUTED FOR A SIMILAR SBAAPPROVED DIGITAL INSTRUMENT School ID#: _______________________________ County: ___________________ School Name: ___________________________________________________________ NOTE: Difference = No. of existing rooms – (minus) No. of Required spaces. No. rooms are evaluated as the same types RATING SCALE: 1 = Inadequate 2 = Below Average 3 = Average 4 = Above Average 5 = Excellent 1. ADMINISTRATION: Size: Condition: Remarks: Exist spaces____Reqd spaces____Difference+/- ____ 1 2 3 4 5 1 2 3 4 5 2. STUDENT SERVICES: Exist spaces____Reqd spaces____Difference+/- ____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 3. BASIC: Exist spaces____Reqd spaces____Difference+/- ____ Language Arts Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 4. BASIC: Exist spaces____Reqd spaces____Difference+/- ____ Mathematics Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 5. BASIC: Exist spaces____Reqd spaces____Difference+/- ____ Social Studies Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 6. BASIC: Exist spaces____Reqd spaces____Difference+/- ____ Science – General Science 258 Size: Condition: Remarks: 1 1 2 2 3 3 4 4 5 5 7. BASIC: Exist spaces____Reqd spaces____Difference+/- ____ Science – Chemistry/Physics Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 8. BASIC: Exist spaces____Reqd spaces____Difference+/- ____ Science – Lecture Lab Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 9. BASIC: Exist spaces____Reqd spaces____Difference+/- ____ Science – Biology Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 10. CORRECTIVE/ REMEDIAL: Exist spaces____Reqd spaces____Difference+/____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 11. HEALTH EDUCATION: Exist spaces____Reqd spaces____Difference+/- ____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 12. COMPUTER LAB: Size: Condition: Remarks: Exist spaces____Reqd spaces____Difference+/- ____ 1 2 3 4 5 1 2 3 4 5 13. LIBRARY/MEDIA: Exist spaces____Reqd spaces____Difference+/- ____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 14. FAMILY & CONSUMER SCIENCE: Exist spaces_____Reqd spaces____Difference+/- ____ Size: 1 2 3 4 5 259 Condition: Remarks: 15. ART: Size: Condition: Remarks: 1 2 3 4 5 Exist spaces____Reqd spaces____Difference+/- ____ 1 2 3 4 5 1 2 3 4 5 16. TECHNOLOGY EDUCATION: Exist spaces____Reqd spaces____Difference+/____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 17. MUSIC: Size: Condition: Remarks: Exist spaces____Reqd spaces____Difference+/- ____ 1 2 3 4 5 1 2 3 4 5 18. PHYSICAL ED: Exist spaces_____Reqd spaces_____Difference+/- ____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 19. AUDITORIUM: Exist spaces____Reqd spaces____Difference+/- ____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 20. KITCHEN: Size: Condition: Remarks: Exist spaces____Reqd spaces____Difference+/- ____ 1 2 3 4 5 1 2 3 4 5 21. DINING: Size: Condition: Remarks: Exist spaces____Reqd spaces____Difference+/- ____ 1 2 3 4 5 1 2 3 4 5 22. BUSINESS ED:Exist spaces____Reqd spaces____Difference+/- ____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 23. CO-OP EDUCATION: Exist spaces____Reqd spaces____Difference+/- ____ Size: 1 2 3 4 5 260 Condition: Remarks: 1 2 3 4 5 24. EXCEPTIONAL Exist spaces____Reqd spaces____Difference+/- ____ STUDENT INSTRUCTION Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 25. DRIVERS ED: Exist spaces_____Reqd spaces____Difference+/- ____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 26. VOCATIONAL ED: Agricultural Ed Size: Condition: Remarks: Exist spaces_____Reqd spaces____Difference+/- ____ 27. VOCATIONAL ED: Marketing Ed Size: Condition: Remarks: Exist spaces_____Reqd spaces____Difference+/- ____ 1 1 1 1 2 2 2 2 3 3 3 3 4 4 4 4 5 5 5 5 28. VOCATIONAL ED: Exist spaces_____Reqd spaces____Difference+/- ____ Diversified/Cooperative Training Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 29. VOCATIONAL ED: Vocational Health Size: Condition: Remarks: Exist spaces_____Reqd spaces____Difference+/- ____ Occupations 1 2 3 4 5 1 2 3 4 5 30. VOCATIONAL ED: Exist spaces_____Reqd spaces____Difference+/- ____ Family and Consumer Science Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 31. VOCATIONAL ED: Exist spaces_____Reqd spaces____Difference+/- ____ Child Care Specialist 261 Size: Condition: Remarks: 1 1 2 2 3 3 4 4 5 5 32. VOCATIONAL ED: Exist spaces_____Reqd spaces____Difference+/- ____ Vocational/Industrial Technical Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 33. VOCATIONAL ED: Business Ed Size: Condition: Remarks: Exist spaces_____Reqd spaces____Difference+/- ____ 34. VOCATIONAL ED: Tech. Ed Size: Condition: Remarks: Exist spaces_____Reqd spaces____Difference+/- ____ 35. STAFF/FACULTY: Size: Condition: Remarks: Exist spaces____Reqd spaces____Difference+/- ____ 1 2 3 4 5 1 2 3 4 5 36. TOILETS: Size: Exist spaces____Reqd spaces____Difference+/- ____ 1 2 3 4 5 FIXTURES: Condition: Remarks: 1 1 1 1 2 2 2 2 3 3 3 3 4 4 4 4 5 5 5 5 Exist fixtrs____Reqd fixtrs____Difference+/- ____ 1 2 3 4 5 37. CUSTODIAL: Exist spaces____Reqd spaces____Difference+/- ____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 38. MECHANICAL: Exist spaces____Reqd spaces____Difference+/- ____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 39. STORAGE GENERAL: Exist spaces____Reqd spaces____Difference+/- ____ Size: 1 2 3 4 5 262 Condition: Remarks: 40. STORAGE INSTR: Size: Condition: Remarks: 1 2 3 4 5 Exist spaces____Reqd spaces____Difference+/- ____ 1 2 3 4 5 1 2 3 4 5 41. OTHER SPACES: No. of spaces____Reqd spaces____Difference+/- ____ Size: 1 2 3 4 5 Condition: 1 2 3 4 5 Remarks: 42. ADEQUACY/CONDITION OF FURNISHINGS AND EQUIPMENT: Condition: 1 2 3 4 5 Remarks: 43. ECONOMIES OF SCALE: 1 2 (Refer to Handbook – 100.0142 G) 3 4 5 44. BLDG UTILIZATION (U): _____% 1 2 3 4 5 Current Enrollment Building Utilization = 100 x _____________________________________ Number of Existing Classrooms x 25 Building Utilization = ___________% Number of classrooms used for exceptionality education _________________ Greater *Below 60 61-70 71-80 81-85 than 85 1 = Inadequate 2 = Below Average 3 = Average 4 = Above Average 5 = Excellent *Building utilizations in the range of 80-90% are recommended. However, programmatic offerings must be considered and the building capacity may be reduced as programmatic offerings are factored into the utilization calculation. 263 School Building Authority of West Virginia SCHOOL IMPROVEMENT COST SUMMARY High School Education (9-12) NOTE: THIS FORM MAY BE SUBSTITUTED FOR A SIMILAR SBAAPPROVED DIGITAL INSTRUMENT (Based on deficiencies identified during the evaluation of existing facilities) School Name/Use: __________________________________________________ County: __________________________________________________ Design Capacity Enrollment: __________________________________________________ IMPROVEMENT ITEM 1. SITE WORK Land Acquisition __________ Excavation/Grade __________ Drainage __________ Walks (6 ft wide) __________ Parking Bus Loading __________ Roads Playing Fields Other _____________ Other _____________ Other _____________ Sub-Total UNIT ITEM QUANTITY COST COST UNIT ACRES CUB FT __________ __________ LIN FT SQ FT SQ FT SQ FT SQ FT SQ FT _____ _____ _____ _____ _____ _____ _____ __________ _____ _____ __________ __________ _____ _____ __________ __________ __________ __________ __________ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ __________ __________ __________ __________ __________ __________ _____ _____ __________ 2. RENOVATIONS, EXTERIOR: Wall Structure SQ FT __________ _____ Floor Structure SQ FT __________ __________ Roof Structure SQ FT __________ _____ Wall Facing SQ FT __________ __________ 264 _____ _____ _____ _____ __________ __________ REMARKS _____ __________ _____ _____ _____ __________ _____ _____ Windows __________ Doors/Frames Roofing Coping/Parapet __________ Painting Other _____________ Other _____________ Other _____________ EACH _____ _____ EACH SQ FT __________ __________ LIN FT SQ FT _____ _____ _____ __________ __________ __________ __________ _____ _____ _____ _____ _____ _____ _____ _____ __________ __________ __________ __________ __________ _____ _____ __________ Sub-Total 3. RENOVATIONS, INTERIOR: Floor Covering SQ FT Patch & Painting SQ __________ Ceiling Finish SQ FT Plumbing SQ __________ Heating/Ventilating SQ __________ Air Conditioning SQ __________ Lighting SQ FT Wiring SQ FT Fire Alarm SQ __________ Communication System SQ __________ Technology __________ Interior Doors EACH Other _____________ _____ Other _____________ _____ Other _____________ _____ Sub-Total __________ _____ _____ __________ _____ _____ __________ __________ _____ _____ __________ _____ _____ __________ FT __________ _____ _____ FT __________ _____ _____ __________ __________ _____ _____ FT __________ _____ _____ FT __________ _____ _____ __________ _____ _____ __________ __________ _____ _____ __________ FT __________ _____ _____ FT __________ _____ _____ __________ _____ _____ __________ __________ __________ __________ _____ _____ _____ _____ _____ _____ _____ _____ __________ __________ __________ __________ __________ _____ _____ __________ 4. BUILDING ADDITIONS including Furniture, Furnishings and Equipment: Administration SQ FT __________ _____ _____ __________ Student Services SQ FT __________ _____ _____ __________ Basic SQ FT __________ _____ _____ __________ Reading SQ FT __________ _____ _____ __________ 265 Health Education SQ __________ Computer Lab SQ FT Inst. Mat. Center SQ __________ Home Economics SQ __________ Art SQ __________ Ind. Technology SQ __________ Music SQ FT Physical Education SQ __________ Auditorium SQ __________ Kitchen SQ FT Dining SQ FT Special Education SQ __________ Staff/Faculty SQ __________ Toilets/Fixtures SQ FT Custodial SQ __________ Mechanical SQ __________ Storage General SQ __________ Storage Instructional SQ __________ Other ______________ _____ Other ______________ _____ Other ______________ _____ Circulation __________ Sub-Total FT __________ _____ _____ __________ _____ _____ __________ FT __________ _____ _____ FT __________ _____ _____ FT __________ _____ _____ FT __________ _____ _____ FT __________ _____ _____ __________ __________ _____ _____ FT __________ _____ _____ __________ _____ _____ __________ __________ _____ _____ __________ FT __________ _____ _____ FT __________ _____ _____ __________ _____ _____ __________ FT __________ _____ _____ FT __________ _____ _____ FT __________ _____ _____ FT __________ _____ _____ __________ __________ __________ @30% __________ _____ _____ _____ _____ _____ _____ __________ _____ _____ __________ __________ __________ _____ _____ __________ 5. SPECIAL CONSTRUCTION: Elevator EACH __________ _____ _____ __________ Sprinkler System SQ FT __________ _____ _____ __________ Kitchen Equipment ALL __________ _____ _____ __________ 266 Waste Treatment EACH __________ __________ Other _____________ _____ __________ _____ Other _____________ _____ __________ _____ Other _____________ _____ __________ _____ Sub-Total 6. OTHER SPECIAL COSTS: _________________ _____ _________________ _____ _________________ _____ Sub-Total _____ _____ _____ __________ __________ __________ __________ _____ _____ __________ __________ __________ __________ _____ _____ _____ _____ _____ _____ __________ __________ __________ __________ _____ _____ 7. ARCHITECTURAL/ENGINEERNING FEES: New Construction _____% __________ __________ Renovations _____% __________ __________ Sub-Total 8. MISCELLANEOUS: Survey Soil Inv. EACH EACH Sub-Total 9. CONTINGENCIES: New Construction __________ Renovations __________ Sub-Total Additional Land 267 _____ _____ _____ _____ _____ _____ __________ __________ __________ _____ _____ _____ _____ __________ __________ __________ _____ _____ __________ 2% __________ _____ _____ 6% __________ _____ _____ _____ _____ __________ _____ __________ __________ __________ 10. GRAND TOTAL PROJECT COST __________ _____ _____ __________ __________ _____ _____ _____ _____ __________ Improved to Bring to __________ State Standard ACRES Design/Capacity Cost to Build a New School/No Land Ratio – Cost to Improve The Building/Cost of New Building ____________ SBA 134 100-B Revised 9/2015 268 _____________ __________ _____ _____ $/Student Amount ________ _____________ ________ ________ ____________ ________ West Virginia Department of Education & School Building Authority of West Virginia FACILITY CLASSIFICATION FORM SBA/WVDE FORM 116 100-C NOTE: THIS FORM MAY BE SUBSTITUTED FOR A SIMILAR SBAAPPROVED DIGITAL INSTRUMENT COUNTY: ___________________________ _________________________ Facility / Facility Name Current Current Grade Enrollme Configurati Classificat nt on ion DATE: Describe Future Use Transitional Facility SCHOOL CLASSIFICATION CATEGORIES: P= Permanent A school facility that is to be utilized throughout the 10-year planning period without a change in its present use or grade configuration. T= Transitional A school facility that is projected to be utilized throughout the 10-year planning period but will experience a change in its grade configuration or use. F= Functional A school facility that is projected for closure between the 5th and 10th year during the 10-year planning period. 269 C= Closure A school facility that is projected for closure before the 5th year of the 10-year planning period. SBA/WVDE 116 100-C Revised 9/2015 270 School Building Authority of West Virginia HIGH SCHOOL ATTENDANCE AREA FEEDER SUMMARY SBA FORM 132 100-D NOTE: THIS FORM MAY BE SUBSTITUTED FOR A SIMILAR SBAAPPROVED DIGITAL INSTRUMENT Instructions for SBA Form 132: (To Be Submitted With The Annual Update) 1. The purpose of this form is to track all schools and their usage throughout the ten year planning cycle. One form should be completed for each high school attendance area. 2. All facilities that were in operation during the first year of the current planning cycle must be shown in the dashed box. Second month enrollments for these facilities must be shown in the brackets [ ]. Only facilities that will be in operation during the entire ten year planning cycle will be in solid boxes. The 8th year projected enrollments must be within parenthesis ( ). 3. If the facility is to be built during the current ten year planning cycle, list “NEW” in the brackets. If the facility is to be redesignated from its current usage, list “REDSG” in the brackets. 4. CLOSURES – In the Closure column, list schools that are scheduled for closure during the current ten year planning cycle and will not be used by the county board of education for other purposes. FACILITY REDESIGNATION – In the Facility Redesignation column, list schools that are scheduled to change their current usage during the current ten year planning. Designate what type of facility it will become. ELEMENTARY – In the Elementary column, list only those schools that will still be operational at the end of the current ten year planning cycle. JHS/MIDDLE – In the JHS/Middle column, list only those schools that will still be operational at the end of the current ten year planning cycle. HIGH SCHOOL – In the High School column, list only the high school for this attendance area that will be in effect at the end of the current ten year funding cycle. 271 EXAMPLE FEEDER SCHOOL SUMMARY REPORT YOUR COUNTY – BRANDON HIGH SCHOOL ATTENDANCE AREA Brandon High School Becomes 9-12 facility; Sept., 2007 Stewart Middle School Feeder to Brandon High School Opens as 6-8 Middle School; Sept., 2007 Raines Junior High School Currently feeds Brandon High School Closes June, 2007 9th graders transfer to Brandon HS; Sept., 2007 7th and 8th graders transfer to Stewart MS; Sept., 2007 Tyler Elementary Currently feeds Raines JHS Changes to K-5 facility; Sept., 2007 6th graders transfer to Stewart MS; Sept., 2007 Painter Elementary Currently feeds Raines JHS To become feeder to Stewart MS; Sept., 2007 6th graders transfer to Stewart MS; Sept., 2007 Barron Elementary Currently feeds Raines JHS To become feeder to Stewart MS; Sept., 2007 6th graders transfer to Stewart MS; Sept., 2007 Withrow Elementary Currently Feeds Raines JHS Students transferred to Painter Elementary; Sept., 2007 Becomes Bus Garage; Sept., 2007 Ragland Elementary Closes June 2007 Currently feeds Raines JHS Students transferred to Tyler EL; Sept., 2007 Lovejoy Elementary Closes June 2007 Currently feeds Raines JHS 120 students transferred to Painter EL; Sept., 2007 30 students transferred to Tyler EL; Sept., 2007 Drew Middle School Scheduled to become 6-8 Middle School; Sept., 2007 272 2007 Sept. 2007 Feeder to Brandon High School 9th graders transfer to Brandon HS; Sept., 2007 Gordon Junior High School Currently feeds Brandon High School Scheduled to become EL Center; Sept., 2007 9th graders transfer to Brandon HS; Sept., 2007 7th and 8th graders transfer to Drew MS; Sept., 2007 Gordon Elementary Center Feeder to Drew MS Ervin Elementary Currently feeds Gordon JHS 6th graders to be transferred to Drew MS; Sept., Students to be transferred to new EL Center; Midkif Elementary Currently feeds Gordon JHS 6th graders to be transferred to Drew MS; Sept., 2007 Students to be transferred to new EL Center; Sept. 2007 Smarr Elementary Currently feeds Gordon JHS 6th graders transferred to Drew MS; Sept., 2007 Students to be transferred to new EL Center; Sept. 2007 House Elementary Currently feeds Gordon JHS To become feeder to Drew MS; Sept., 2007 6th graders transfer to Drew MS; Sept., 2007 This feeder school summary is an example of facilities for a 2000-2010 CEFP UNDERLINED schools are operational facilities in 2009-2010 273 COUNTY HIGH SCHOOL ATTENDANCE AREA Facility High School JHS/Middle Elementag Rte-designation Closures Closes Closes Changes Closes Changes Closes Closes Changes 274 School Building Authority of West Virginia Comprehensive Educational Facilities Plan CEFP PROGRESS REPORT #2 SBA FORM 164 100-E NOTE: THIS FORM MAY BE SUBSTITUTED FOR A SIMILAR SBAAPPROVED DIGITAL INSTRUMENT This progress report is verification to verify that the Planning Teams and Committees has have completed the data collection portion of the CEFP – Phase I. This, along with a draft copy of the completed draft sections of the plan, must be submitted to the State Department of Education and the SBA as soon as this portion of the plan is complete or as directed by the SBA. Listed below are the key elementary dates and information for which data has been compiled. This form shall be submitted to the WVDE and the SBA by August 1, the first year of each planning cycle. Anticipated No. ofProjected or Actual Phase I Activities: Completed A. B. C. D. E. F. G. Meetings Remaining Date Final Goals and Objectives – Adopted by the _____________ _____________ Board of Education Community Analysis _____________ _____________ Population and Enrollment Study _____________ _____________ Educational Plan _____________ _____________ Evaluation and Inventory of Existing Facilities _____________ _____________ Major Improvement Plan _____________ Inter-County Facility Feasibility Study _____________ What is your projected completion date for the plan? _____________ Are you (ahead of / on target with / behind) the state’s scheduled timelines for the CEFP development? What are the major issues you face as the Phase deadlines the CEFP approaches? 275 Do you have any additional feedback to provide to the Statewide planning team or contractors? _________________________________ Superintendent Signature SBA 164 100-E Revised 9/2015 276 ____________________________________ Submitted by School Building Authority of West Virginia TRANSLATING EDUCATIONAL NEEDS INTO FACILITY NEEDS Review and Recommendations SBA FORM 147 100-F NOTE: THIS FORM MAY BE SUBSTITUTED FOR A SIMILAR SBAAPPROVED DIGITAL INSTRUMENT School Name & Address Date School Number Phone Grades Building Program % Additions Served Program Utilization Original Capacity Construction Date of Ten Year Enrollment Projections Previous Ten-Year Enrollments: Enrollments: Future Ten Year 2001 2011 Enrollment ____ 2006 2016 Enrollment ____ 2011 2021 Enrollment ____ 2016 2026 Enrollment ____ 2002 2012 Enrollment ____ 2007 2017 Enrollment ____ 2012 2022 Enrollment ____ 2017 2027 Enrollment ____ 2003 2013 Enrollment ____ 2008 2018 Enrollment ____ 2013 2023 Enrollment ____ 2018 2028 Enrollment ____ 2004 2014 Enrollment ____ 2009 2019 Enrollment ____ 2014 2024 Enrollment ____ 2019 2029 Enrollment ____ 2005 2015 Enrollment ____ 2010 2020 Enrollment ____ 2015 2025 Enrollment ____ 2020 2030 Enrollment ____ Existing Facility Data Describe Existing Facility: Describe Existing Facility Site: 277 Recommendations for Future Use of Existing Facility: Describe any recommended changes to grade configuration(s), specific improvements/renovations necessary, new square footage required, or if a new facility is an option. (Additional Sheets May Be Needed) SBA 147 Revised 9/2015 278 Building Improvement Cost Summary School: ______________________________________________________________________________ Anticipated Anticipated Completion Total Funding Description Priority Date Cost Source Site Improvements: __________ ______ _________ $__________ ___________ __________ ______ _________ $__________ ___________ __________ ______ _________ $__________ ___________ New Construction: __________ ______ __________ ______ _________ _________ $__________ $__________ ___________ ___________ Renovations/Additions (List each separate): __________ ______ _________ $__________ __________ ______ _________ $__________ __________ ______ _________ $__________ __________ ______ _________ $__________ __________ ______ _________ $__________ ___________ ___________ ___________ ___________ ___________ Technology: _________ ______ _________ ______ _________ _________ $__________ $__________ ___________ ___________ Others (Describe): ________ ______ ________ ______ ________ ______ _________ _________ _________ $__________ $__________ $__________ ___________ ___________ ___________ Contingency @ ___% addition/renovation A & E Fees at ___% on $_____________ Project Management at ___% on $_________ ___________ Survey, geotechnical, contingency and other ___________ Total Improvement Cost $__________ ___________ $__________ ___________ $__________ $__________ $__________ -----------------------------------------------------------SUMMARY OF FUNDING SOURCES: Local $__________ ___________ 279 Local Bond Local Levy SBA Needs SBA MIP Other (Describe) SBA 147 100-F 280 $__________ $__________ $__________ $__________ $__________ ___________ ___________ ___________ ___________ ___________ School Building Authority of West Virginia MAJOR IMPROVEMENT PROGRAM ANNUAL UPDATE (Completed or On-Going Projects) SBA FORM 145a 100-G NOTE: THIS FORM MAY BE SUBSTITUTED FOR A SIMILAR SBAAPPROVED DIGITAL INSTRUMENT COUNTY _________________________________ DATE ___________________ Listed below are proposed capital improvement projects completed since January 1 of the previous calendar year. These projects are currently in the county Major Improvement Plan or are being amended into the plan with this action. School / Facility Name Project Cost In Project Current Status Plan? Y / N / C / CO* N *N – New C – Completed CO – Continuous SBA 145a Revised 9/2015 School Building Authority of West Virginia MAJOR IMPROVEMENT PROGRAM ANNUAL UPDATE (Prioritized List of Proposed Projects) SBA FORM 145b COUNTY __________________ DATE ____________________ Listed below are proposed capital improvement projects in order of priority. These projects are currently in the county Major Improvement Plan or are 281 being amended into the plan with this action. (Use additional forms as needed) School / Facility Name SBA 145b 100-G Revised 9/2015 282 Project Cost In Current Plan? Y / N School Building Authority of West Virginia ABANDONED SCHOOLS REPORT SBA FORM 152 100-H NOTE: THIS FORM MAY BE SUBSTITUTED FOR A SIMILAR SBAAPPROVED DIGITAL INSTRUMENT (List only abandoned schools still in the ownership of the county board of education LEA) School 283 Location Approximate Dates of Sq. Footage Construction Revised?9799143 284 School Building Authority of West Virginia CEFP EXECUTIVE SUMMARY Comprehensive Educational Facilities Plan SBA FORM 162 100-I NOTE: THIS FORM MAY BE SUBSTITUTED FOR A SIMILAR SBAAPPROVED DIGITAL INSTRUMENT ANNUAL REPORT YEAR _____ COUNTY: __________________ PLANNING CYCLE: __________ 1. Number of existing schools currently within the county (Include vocational, ____________ special education, adult education) 2. Number of schools that will be closed during the ten-year planning period ____________ 3. Number of schools that will exist in the county at the close of the tenyear ____________ planning period if the CEFP is completed. 4. Total estimated cost remaining to implement the entire CEFP $___________ 5. in Total estimated cost of anticipated SBA funded Needs and MIP projects $___________ the CEFP. 6. Total cost for all other projects within the CEFP to be funded from county or $___________ other sources excluding SBA funds. 7. Has regionalization of school facilities been considered within the CEFP? Yes: ________ If so, please give a brief description. No: _________ ______________________________________________________________________________ ______________________________________________________________________________ 8. *Approximate annual cost savings as a result of school closures anticipated in the CEFP? Annual Cost Savings: $__________ Avoided Costs: $__________ Include approximate savings such as: annual utilities, annual maintenance & reduced staff also, subtract any related costs 285 associated with additional transportation, one-time cost for moving of student and staff from a closed facility, etc. 9. Has Have educational innovations been addressed with the ten-year CEFP? Yes________ If so, please give a brief description. No ________ ______________________________________________________________________________ ______________________________________________________________________________ *Please indicate annual cost savings per county as indicated. Also, please indicate any cost avoided per county such as anticipated expenditures on schools scheduled to be closed for major renovations that may be required should the facility remain open. ____________________________ Date SBA 162 100-I - Revised 9/2015 286 ___________________________________ County Superintendent School Building Authority of West Virginia COMPREHENSIVE EDUCATIONAL FACILITIES PLAN APPLICATION FOR AMENDMENT SBA FORM 106 101 To be submitted to the SBA and the WVDE NOTE: THIS FORM MAY BE SUBSTITUTED FOR A SIMILAR SBAAPPROVED DIGITAL INSTRUMENT COUNTY: ____________________________ _____________________________________ DATE: AMENDMENT #: ______________________ AMENDMENT TYPE(s): Budget___B. Project___C. Overall Plan____________ Date Amendment Approved by LEA: _______ Superintendent: _________________ Signature-County Briefly describe the nature of the amendment and/or scope of work to be completed: A. BUDGET AMENDMENTS FOR PREVIOUSLY APPROVED PROJECT WITHIN THE CURRENT CEFP Include a revised CEFP finance plan summary sheet and any other altered CEFP pages with revision date as per Section E to specifically reflect the project expenditures requested in this amendment. Briefly describe the need to adjust the present budget. Budget Amount 287 1. Total project budget previously approved in CEFP $_____________ a. SBA Grant $__________ b. Other (describe) $__________ 2. Amendment to this project budget (+/-) $_____________ a. SBA Grant $__________ b. Other (describe) $__________ 3. Total amount of this project if amendment is approved $_____________ B. AMENDMENT TO EXISTING OR NEW PROJECT (Complete information on reverse side of form additional pages if 2, 3, or 4 are checked below) 1. ___Revise the scope of an existing project 2. ___Add a new project not currently in CEFP 3. ___New addition or renovation project 4. ___Technology and/or bldg. infrastructure Improvements Provide a revised budget in Part A for the project(s) affected by this amendment. Also, provide replacement sheets for the current approved plan on file in the SBA and WVDE offices for all chapters of the plan affected by the amendment. Include revision dates on all replacement sheets as per Section E. C. OVERALL PLAN AMENDMENT (Complete Information on reverse side of form additional pages) Amendments to the overall plan are defined as those changes that alter the educational delivery models (grade configuration, delivery system, etc.) or dramatically affect the major elements of the CEFP identified in State Board Policy 6200, Chapter 1, Handbook on Planning Schools or Goals and Objectives of the SBA (West Virginia Code §18-9D-15). Provide replacement sheets for the current approved plan on file in the SBA and WVDE offices for all chapters of the plan affected by the amendment include revisions dates on all replacement sheets as per Section E. D. AMENDMENT JUSTIFICATION AS REQUIRED IN WEST VIRGINIA CODE §18-9D-15 (Attachment additional backup information, if required) 288 1. Describe how the amendment alters the current ten-year comprehensive educational facilities plan, project, finance plan and changes in the scope of the project. (Narrative) 2.Provide the impact of this amendment upon the educational opportunities of students and the budget of the LEA. (Narrative) 3. Describe how the existing facility plan does not and the proposed amendment does meet the following goals of the SBA as described in WV Code §18-9D-16: a. Student health and safety including, but not limited to, critical health and safety needs b. Economy Economies of Scale, including compatibility with similar schools that have achieved the most economical organization, facility use and pupil-teacher ratios c. Reasonable Travel Time and practical means of addressing other demographic considerations d. Multi-County Project and regional planning to achieve the most effective and efficient instructional delivery system e. Curricular Curriculum Improvements and diversification, including the use of instructional technology, distance learning and access to advanced courses in science, mathematics, language arts and social studies f. Educational Innovations in Education g. Adequate Space for projected student enrollments h. The history of efforts taken by the county board to propose or adopt local school bond issues or special levies to the extent Constitutionally permissible i. Regularly scheduled preventive maintenance j. How the project will assure the prudent and resourceful expenditure of state funds and achieve the purposes of this article for constructing, expanding, renovating or otherwise improving and maintaining school facilities for a thorough and efficient education. 289 E. SUBMISSION OF REVISED CEFP PAGES List the page numbers changed in the CEFP by this amendment, attach the altered pages to this form, place the revision date (revised [date]) on the bottom right hand corner of each revised page and submit one copy to both the SBA and the WVDE. If additional pages are required, use the page number from the preceding page in the CEFP and add successive letters, i.e., 47, 47a, 47b, 48. FOR SBA AND SDE USE ONLY Project Number: _____ Previous Budget Approved: $____________Amended Budget Approved: $____________ SBA APPROVAL DATE: _______________ SDE WVDE APPROVAL DATE: _______________ SBA/WVDE 106 101 Revised 9/2015 290 School Building Authority of West Virginia ANNUAL ENERGY USE SBA FORM 179 110 Please complete this form and send to SBA and SDE NOTE: THIS FORM MAY BE SUBSTITUTED FOR A SIMILAR SBAAPPROVED DIGITAL INSTRUMENT County: _________________________________________ Date: ______________________________ Project: _________________________________________ Year Occupied: ______________________ Type of School Grade Configuration: _________________ Building Square Footage: ______________ Architect / Engineer: ______________________________ Engineer Conditioned Square Footage: ____ Does this school currently have an HVAC maintenance contract? ___Y____N____ Briefly describe the equipment covered under the maintenance contract: Annual cost of maintenance contract $____________________ (N/A if not applicable) Briefly describe the HVAC type and other major sources of energy demand within this facility: Annual fuel usage _____________ (MCF) Annual electric usage ____________(KWH) Annual fuel cost $ _________________________________________ Annual electricity cost $ ____________________________________ Does your building incorporate any energy conservation strategies? ___Y____N____ Describe any current or proposed energy conservation projects for this school: ENERGY INDEXES: List the total amount of each fuel source consumed for the previous year, then multiply by the BTU Conversion factor to give the Total BTU used. Source (Units) Consumption Conversion = Total BTU Per Year (BTU/Unit) Electric (Kilowatt3,412 Hrs) Natural Gas (MCF) 1,037,000 -orNatural Gas 1,000,000 291 (Decotherms) Coal (Tons) #2 Fuel Oil (Gallons) Propane (Pounds) Used Oil (Gallons) Wood Chips (Tons) Other (Specify Amount: Units: 24,000,000 138,874 21,600 125,000 16,500,000 Total Btu Used: Divided by Conditioned Square Footage: ENERGY USAGE INDEX (EUI): Information Prepared By: ______________________________________ Date _______________ Signature of Superintendent: ____________________________________ Date _______________ SBA 179 110 Revised 9/2015 292 School Building Authority of West Virginia Policy & Procedures Handbook APPENDIX OF SBA FORMS Chapter 2 Forms FORMS TO SUPPLEMENT GRANTS, APPLICATIONS, AND FINANCE PROCEDURES 293 NEEDS School Building Authority of West Virginia SCHOOL CONSTRUCTION FUND “NEEDS” PROJECT EXECUTIVE SUMMARY SBA FORM 120 201 NOTE: In order to provide the best information to the SBA, this form must be filled out completely and with clarity. PROJECT: ___________________________________________________________________ COUNTY: _________________ PROJECT COST $___________________ IMPLEMENTING TOTAL CEFP THIS PROJECT SBA NEEDS $_________________ $_____________________ SBA MIP $_________________ LOCAL $_________________ $_____________________ FEDERAL $_________________ $_____________________ OTHER $_________________ $_____________________ TOTAL $_________________ $_____________________ PROPOSED FUNDING SOURCES FOR SBA Funds Request Local Funds Commitment Federal Funds Other Funds (_______) Total Project Cost PROJECT DESCRIPTION: COUNTY FINANCE INFORMATION: Bonding Capacity $_______________ Available Bonding Capacity $______________ Excess Levy Capacity $_______________ Remaining Levy Capacity $______________ Financially Distressed County by the WVDE? Yes ____ No ____ If you have an Excess Levy: What percentage are you currently collecting? __________% What amount of the excess levy is dedicated to capital improvements annually? $______________ What is the expiration date of your levy? _________________ 294 PROJECT DESCRIPTION: PROJECT STATUS: Site Selected: Yes _____ No _____ New Site _____ N/A ______ Flood Elevation Certification Received: Yes _____ No _____ Geotechnical: Yes _____ No _____ Existing Board Owned Property: Yes _____ No _____ Option to Purchase ______ Survey Performed: Yes _____ No _____ Describe all Site Programming / Preliminary Building Design Completed at this time– Describe: SCHOOL CLOSURE STATUS: School Closure Required Yes _____ No _____ County Hearing Done Complete Yes _____ No _____ County BOE Approved Yes _____ No _____ WV BOE Approved Yes _____ No _____ If No, Date Scheduled: __________ PROTO-TYPE SCHOOL Has the county board considered using a proto-typical building design for this project? Yes _____ No _____ To the extent possible, will the county board be using A proto-typical design for this project? Yes _____ No _____ OPERATIONAL AND FINANCIAL IMPACTS OF THIS PROPOSED PROJECT Describe the Anticipated Annual Savings: $ __________ Describe the Projected Cost Avoidance: $ __________ COMPLIANCE WITH SBA REQUIREMENTS– PROPOSED NEW PROJECT AS DESCRIBED IN WV CODE §18-9D-16 Describe how the current facilities do not meet and how the project grant request proposes to address the following criteria: I. HEALTH AND SAFETY Is the facility located in the flood plain Yes_____ No _____ If the facility has previously been damaged by a flooding event, please indicate the year in which the event occurred and the dollar amount of damage sustained. 295 Describe how the project addresses student health and safety including, but not limited to, critical health and safety needs. II. ECONOMIES OF SCALE Annual Savings $ __________ Cost Avoidance $ __________ Using the grade configuration described, the proposed facility will _____ will not _____ meet the SBA Economies of Scale Guidelines as set forth in Section 207 of the Policy & Procedures Handbook. The facility houses (will house) _____ students while ____ students are required to meet Economies of Scale Guidelines of this grade configuration. Students required____Students enrolled____ IF IMPLEMENTED, WHAT IS THE EFFECT OF THIS PROJECT ON PERSONNEL  Teacher Present No._____ Projected No. _____ Difference___  Service Personnel Present No._____ Projected No. _____ Difference___  Administrators Present No._____ Projected No. _____ Difference___ Describe how the proposed project proposes to achieve economies of scale, including compatibility with similar schools that have achieved the most economical organization, facility use and pupil-teacher ratios. III. REASONABLE TRAVEL TIME Describe any proposed changes to student travel time and the practical means of addressing other demographic considerations. IV. MULTI-COUNTY PROJECT As a part of this project proposal, describe any considerations given include any multi-county and regional planning aspects to achieve the most effective and efficient instructional delivery system. V. CURRICULUM IMPROVEMENT AND DIVERSIFICATION Describe any considerations given in this project toward curriculum improvement and diversification, including the use of instructional technology, distance learning and access to advanced courses in science, mathematics, language arts and social studies 296 VI. EDUCATIONAL INNOVATIONS AND IMPROVEMENTS Describe any provisions within this project proposal that strive to achieve innovations in education. VII. ADEQUATE SPACE FOR PROJECTED STUDENT ENROLLMENT Describe how this proposal affects the ability to provide adequate space for the projected student enrollment. TRAVEL TIME VIII. LOCAL BOND HISTORY EFFORTS Describe the history of efforts taken by the county board to propose or adopt local school bond issues or special levies to the extent Constitutionally permissible IX. PREVENTATIVE MAINTENANCE Describe how the proposed project impact’s the County’s regularly scheduled Preventative Maintenance program. ADDITIONAL COMMENTS: 297 #1                #2                DESCRIPTION OF EXISTING FACILITIES _________________ School currently houses grades __________ Constructed on a ____ acre site in 20__ which is adequate____inadequate____ _____ major addition(s) in 20__ Existing ____ story facility contains _____ sq.ft. Is the existing facility located in the flood plain Yes____ No ____ Current enrollment is __________ 8th Year Projected Enrollment __________ Building utilization is __________% Utilities: Public Water_____ On-Site Well_____ Public Sewage_____ Package Plant _____ Other ___________________________________ HVAC: Gas _____ Electric _____ Coal _____ Other _____________________ What is the facility’s Energy Usage Index (EUI)? _________ Cost to upgrade to current standard is $_________________________________ Existing facility contains _____ major structural problems Health, safety and building accessibility, comments:_______________________ DESCRIPTION OF EXISTING FACILITIES _________________ School currently houses grades __________ Constructed on a _____ acre site in 20__ which is adequate____inadequate_____ _____ major addition(s) in 20__ Existing _____ story facility contains _____ sq.ft. Is the existing facility located in the flood plain Yes____ No ____ Current enrollment is __________ 8th Year Projected Enrollment __________ Building utilization is __________% Utilities: Public Water _____ On-Site Well _____ Public Sewage _____ Package Plant _____ Other ___________________________________ HVAC: Gas _____ Electric _____ Coal _____ Other _____________________ What is the facility’s Energy Usage Index (EUI)? _________ Cost to upgrade to current standards is $________________________________ Existing facility contains _____ major structural problems Health, safety and building accessibility, comments: ______________________ Complete one of the above descriptions for each school affected. 298 SBA 1?2-9 299 2 1 School Building Authority of West Virginia PROJECT EXECUTIVE SUMMARY MAJOR IMPROVEMENT PLAN PROJECT (MIP) EXECUTIVE SUMMARY SBA FORM 165 202 NOTE: In order to provide the best information to the SBA, this form must be filled out completely and with clarity. PROJECT: ___________________________________________________________________ COUNTY: _________________________ COUNTY PRIORITY: ____________________ PROJECT COST______________ DATE _______ SBA FUNDING CYCLE______ PROJECT DESCRIPTION: FUNDING SOURCE: TO IMPLEMENTING TOTAL MIPPROPOSED FUNDING SOURCES FOR THIS PROJECT SBA MIP $_________________ SBA Funds Request $_____________________ LOCAL $_________________ Local Funds Commitment $_____________________ FEDERAL $_________________ Federal Funds $_____________________ OTHER $_________________ Other Funds (_______) $_____________________ TOTAL $_________________ Total Project Cost $_____________________ PROJECT DESCRIPTION: COUNTY FINANCE INFORMATION: Bonding Capacity $______________ $___________ Excess Levy Capacity $______________ $___________  Available Bonding Capacity Available Levy Capacity COUNTYWIDE BUDGET INFORMATION Are Excess Levy Funds Dedicated Annually to Maintenance? Yes___ No___ Amount $_______________________________________ 300  Are Excess Levy Funds Dedicated Annually to Building Improvements? Yes ___ No___ Amount $________________________________  Percent of Total Building Improvement or Maintenance Budget supported by Levy __________%. (Based on data provided above)  Percent of Total County Budget dedicated to Facility Maintenance ________%  Maintenance Budget this Year  Maintenance Expenditures Last Year Total $/Square Foot ___________________  Average Maintenance Budget for lowest three of the past five years $__________ 301 $______________________________________ $__________________________ OPERATIONAL AND FINANCIAL IMPACTS OF THIS PROPOSED PROJECT Describe the Anticipated Annual Savings: $ __________ Describe the Projected Cost Avoidance: $ __________ COMPLIANCE WITH SBA REQUIREMENTS– PROPOSED NEW PROJECT AS DESCRIBED IN WV CODE §18-9D-16 Briefly describe how this project affects the following Describe how the current facilities do not meet and how the project grant request proposes to address the following criteria: I. HEALTH AND SAFETY Is the facility located in the flood plain Yes_____ No _____ If the facility has previously been damaged by a flooding event, please indicate the year in which the event occurred and the dollar amount of damage sustained. Describe how the project addresses student health and safety including, but not limited to, critical health and safety needs. II. ECONOMIES OF SCALE Number of students enrolled in the affected facilities _______________________ Economies of scale will ___ will not ___ be achieved or will not be altered ___ as a result of the completion of this project. Annual Savings $ __________ Cost Avoidance $ __________ Using the grade configuration described, the proposed facility will _____ will not _____ meet the SBA Economies of Scale Guidelines as set forth in Section 207 of the Policy & Procedures Handbook. The facility houses (will house) _____ students while ____ students are required to meet Economies of Scale Guidelines of this grade configuration. Students required____Students enrolled____ IF IMPLEMENTED, WHAT IS THE EFFECT OF THIS PROJECT ON PERSONNEL  Teacher Present No._____ Projected No. _____ Difference___  Service Personnel Present No._____ Projected No. _____ Difference___  Administrators Present No._____ Projected No. _____ Difference___ 302 Describe how the proposed project proposes to achieve economies of scale, including compatibility with similar schools that have achieved the most economical organization, facility use and pupil-teacher ratios. III. REASONABLE TRAVEL TIME Describe any proposed changes to student travel time and the practical means of addressing other demographic considerations. IV. MULTI-COUNTY PROJECT As a part of this project proposal, describe any considerations given include any multi-county and regional planning aspects to achieve the most effective and efficient instructional delivery system. V. CURRICULUM IMPROVEMENT AND DIVERSIFICATION Describe any considerations given in this project toward curriculum improvement and diversification, including the use of instructional technology, distance learning and access to advanced courses in science, mathematics, language arts and social studies VI. EDUCATIONAL INNOVATIONS AND IMPROVEMENTS Describe any provisions within this project proposal that strive to achieve innovations in education. VII. ADEQUATE SPACE FOR PROJECTED STUDENT ENROLLMENT Describe how this proposal affects the ability to provide adequate space for the projected student enrollment. TRAVEL TIME VIII. LOCAL BOND HISTORY EFFORTS Describe the history of efforts taken by the county board to propose or adopt local school bond issues or special levies to the extent Constitutionally permissible 303 EFFECTIVE AND EFFICIENT USE OF PROPOSED FUNDING IX. PROVIDING OR IMPROVING A PREVENTIVE MAINTENANCE PLAN Describe how the proposed project impact’s the County’s regularly scheduled Preventative Maintenance program. X. EFFECTIVE AND EFFICIENT USE OF FUNDING Describe how the proposed project represents and effective use of state and local funding. FURTHERANCE OF THE OVERALL GOALS OF THE SBA AND THE COUNTY/AGENCY MAJOR IMPROVEMENT PLAN ADDITIONAL COMMENTS: SBA 165 202 Revised 9/2015 304 School Building Authority of West Virginia THREE PERCENT PROJECT EXECUTIVE SUMMARY SBA FORM 203 NOTE: In order to provide the best information to the SBA, this form must be filled out completely and with clarity. PROJECT: ____________________________________________________________________ FACILITY: _________________________ PROJECT PRIORITY: _____________________ COUNTIES SERVED: _______________________________________________________ PROPOSED FUNDING SOURCES FOR THIS PROJECT SBA Funds Request $_____________________ Local Funds Commitment $_____________________ Federal Funds $_____________________ Other Funds (_______) $_____________________ Total Project Cost $_____________________ PROJECT DESCRIPTION: FACILITY FINANCE INFORMATION:  Percent of Total Budget dedicated to Facility Maintenance  Maintenance Budget this Year  Maintenance Expenditures Last Year Total $/Square Foot ___________________ ________% $______________________________________ $__________________________ OPERATIONAL AND FINANCIAL IMPACTS OF THIS PROPOSED PROJECT Describe the Anticipated Annual Savings: $ __________ Describe the Projected Cost Avoidance: $ __________ COMPLIANCE WITH SBA REQUIREMENTS AS DESCRIBED IN WV CODE §18-9D-16 305 Describe how the current facilities do not meet and how the project grant request proposes to address the following criteria: I. HEALTH AND SAFETY Is the facility located in the flood plain Yes_____ No _____ If the facility has previously been damaged by a flooding event, please indicate the year in which the event occurred and the dollar amount of damage sustained. Describe how the project addresses student health and safety including, but not limited to, critical health and safety needs. II. ECONOMIES OF SCALE Describe how the proposed project proposes to achieve economies of scale, including compatibility with similar schools that have achieved the most economical organization, facility use and pupil-teacher ratios. III. REASONABLE TRAVEL TIME Describe any proposed changes to student travel time and the practical means of addressing other demographic considerations. IV. MULTI-COUNTY PROJECT As a part of this project proposal, describe any considerations given include any multi-county and regional planning aspects to achieve the most effective and efficient instructional delivery system. V. CURRICULUM IMPROVEMENT AND DIVERSIFICATION Describe any considerations given in this project toward curriculum improvement and diversification, including the use of instructional technology, distance learning and access to advanced courses in science, mathematics, language arts and social studies VI. EDUCATIONAL INNOVATIONS Describe any provisions within this project proposal that strive to achieve innovations in education. VII. ADEQUATE SPACE Describe how this proposal affects the ability to provide adequate space for the projected student enrollment. 306 VIII. LOCAL BOND HISTORY EFFORTS Describe the history of efforts taken by the county board to propose or adopt local school bond issues or special levies to the extent Constitutionally permissible IX. PREVENTIVE MAINTENANCE Describe how the proposed project impact’s the County’s regularly scheduled Preventative Maintenance program. X. EFFECTIVE AND EFFICIENT USE OF FUNDING Describe how the proposed project represents and effective use of state and local funding. ADDITIONAL COMMENTS: SBA 202 307 School Building Authority of West Virginia SCHOOL ACCESS SAFETY AUDIT SBA FORM 206 COUNTY: ___________________ SCHOOL: ____________________________________________ DATE AUDIT PERFORMED: _________________________________________________________ AUDITED BY: _____________________________________________________________________ Access Control Audit – Planning A Safety Committee’s primary function is to monitor school safety needs for the purpose of identifying problems and recommending solutions for school safety. These stakeholders serve as the steering committee for selfassessment and planning. Written policies communicate responsibilities for preventing, managing and responding to violence or crises. Indicate the extent to which each of the following is in place. not at all/ partial/ efective _____ _____ 1. A functional school Safety Committee (i.e. administrator, teacher, secretary, custodian, student, parent, 911 responders) is in place. _____ _____ _____ 2. There is a system-wide, documented “Closed Campus” policy to ensure authorized access to the school by staff, students and visitors. _____ 3. procedures for staff. _____ _____ _____ There are system-wide, documented “Lock Down” _____ _____ 4. “Lock Down” procedures are drilled and evaluated on a regular basis to ensure timely responses for staff and students. _____ _____ _____ 5. All visitors are required to produce photo ID and be authorized by a staff member at the main entrance before access to the building is permitted. _____ 6. All visitors are issued a temporary badge that hangs on a lanyard around the neck before access to the building is permitted. _____ _____ _____ _____ _____ _____ known by staff 308 7. Has a current and comprehensive crisis plan in place, and rehearsed through periodic drills (i.e. evacuation, shelter-in-place). _____ _____ 8. Accurate evacuation maps are posted in every room (i.e. classrooms, offices, restrooms) in the school. _____ _____ _____ 9. Has a documented chain-of-command structure in place to manage crises. _____ Access Control Audit – Deterrence Deterrence is any preemptive action, reaction, administrative capability, or design, which moderates a threat or act. It reduces the motivation of adversaries (i.e., discourages, hinders, impedes, restrains). Indicate the extent to which each of the following is in place. not at all/ partial/ efective _____ _____ 1. Signs at campus entries (i.e. parking lot) and perimeter prohibit contraband (i.e. weapons, drugs) and trespassing on school property. _____ _____ _____ 2. Signs on all school exterior doors, inside and outside, state each door’s usage (i.e. main entrance, alternate entrance, emergency exit). _____ _____ _____ 3. Numbers are clearly posted on all school exterior doors, inside and outside, for emergency responders. _____ _____ _____ 4. Room numbers are clearly posted on all interior doors (i.e. offices, classrooms) for emergency responders. _____ 5. Fixed or moveable barriers are positioned to prevent vehicular access to areas where people gather (i.e. main entrance, grounds). _____ _____ _____ 6. Shrubbery near entries, windows and pathways has been trimmed to a maximum height of 24 inches to provide clear lines of sight and prevent concealment. _____ 309 _____ _____ _____ _____ 7. Trees limbs near entries, windows and pathways have been trimmed to a minimum height of six feet to provide clear lines of sight and prevent concealment. _____ _____ _____ 8. Measures have been implemented to prevent unauthorized access onto the school roof. _____ _____ _____ 9. Exterior lighting at entries, along pathways, and in parking areas is bright and allows for viewing of unauthorized activities. _____ Access Control Audit – Detection Detection is sensing and assessing unauthorized acts in a timely manner. Unauthorized acts may use either force or deceit tactics. Detection may be accomplished by personnel or hardware (alarm sensors, access control devices, and assessment). Indicate the extent to which each of the following is in place. not at all/ partial/ efective _____ _____ 1. All adults in the school (i.e. staff, visitors, contractors) are required to wear ID badges on a lanyard around the neck. _____ _____ _____ 2. Staff are continuously trained and drilled to ensure knowledge of security procedures, means, and roles in responding to a crisis. _____ _____ _____ 3. The school has a closed-circuit television system that includes a camera at the main entrance and digital recording capabilities. _____ _____ _____ 4. The school has an intrusion alarm system that includes central station monitoring. _____ _____ _____ 5. K-9s and procedures _____ 310 The school utilizes equipment (hand-held or portal), to detect contraband (i.e. metal, drugs, explosives). 6. Entries approved for authorized access by staff and students are monitored to ensure proper use and prevent unauthorized access by visitors. _____ _____ _____ _____ _____ 7. The school makes use of entry control devices (i.e. cards, fobs, keys) to prevent unauthorized access to the building. _____ Access Control Audit – Delay Delay is a physical barrier that slows and impedes an unauthorized act after it has been detected. Indicate the extent to which each of the following is in place. not at all/ partial/ efective _____ _____ 1. All classrooms and offices are equipped with functional locking mechanisms and all staff are trained in their uses. _____ _____ _____ _____ 2. Existing locking mechanisms on classroom and office doors lock from the inside. _____ _____ _____ 3. Windows in classroom and office doors are reinforced (i.e. wire, mesh, plastic laminate) to prevent forced access. _____ _____ 4. Windows adjacent to classroom and office doors are reinforced (i.e. wire mesh, plastic laminate) to prevent forced access. _____ _____ _____ 5. The main entrance to the building has a locked vestibule (man trap) for visitor authorization purposes. _____ _____ _____ _____ 6. All school entrances are monitored and controlled through locking, supervision, or electronic surveillance. 311 7. Access to sensitive areas (i.e. computer labs) is restricted through the use of access control systems. _____ _____ _____ 8. The school possesses and implements written key control practices for interior and exterior doors. _____ _____ _____ Access Control Audit – Communications Communication systems consist of the equipment and procedures used by school personnel for sending and receiving messages, both internally and externally. Indicate the extent to which each of the following is in place. not at all/ partial/ efective 1. Intercom systems to reach school response personnel in an emergency are available throughout the school. _____ _____ _____ _____ _____ _____ 2. Public Address (PA) systems to reach school response personnel in an emergency are available throughout the school and campus. _____ _____ 3. Telephone systems to reach school response personnel and 911 responders in an emergency are available throughout the school. _____ 4. The school has a dedicated outside line to reach emergency responders during a crisis. _____ _____ _____ 5. Two-way radios to reach school response personnel in an emergency are available throughout the school and campus. _____ _____ _____ 6. school and campus. _____ _____ _____ Duress (panic) devices are available throughout the _____ _____ 7. Public Address (PA) systems are equipped with backup power supplies (i.e. battery, generator). _____ 312 School Building Authority of West Virginia SCHOOL ACCESS SAFETY REPAIR AND RENOVATION SCHEDULE SBA FORM 160 COUNTY:______________________ REPAIR/ SCHOOL RENOVATIONS Use additional lines as necessary 313 DATE:____________ ANTICIPATED PRIORITY COMPLETION COST School Building Authority of West Virginia ECONOMY OF SCALE WAIVER REQUEST SBA FORM 131 207 County __________ Facility Name ____________________________________ Date _______ Classification of Facility _________ Current Grade Configuration ________________________ Current Enrollment _____________ Proposed Grade Configuration as per CEFP ____________ A. Describe Proposed Construction/Renovation to occur at this facility. Is there emergency health or safety issues involved in this improvement? Elaborate fully. B. Describe how the proposed project proposes to achieve economies of scale, including compatibility with similar schools that have achieved the most economical organization, facility use and pupilteacher ratios. C. Will this facility be a receiving school for other future consolidation facilities as described in the County’s CEFP? If so, identify school(s) that are proposed to be closed, the number of students to be transferred to this facility and the school year projected: School(s) ____________________________ Enrollment ________________ ____________________________ to be ________________ ____________________________ Transferred ________________ D. Describe specific geographical barriers that would require this facility to remain in operation even though it does not meet Economies of Scale. E. Is this the only school in the county that serves students at this grade level? __________ Yes __________ No Has a Multi-county/Regional project been considered to improve the educational opportunities of students and the Economies of Scale? Provide supporting data describing this alternative. If this facility were closed and consolidated with the nearest compatible school, what would the maximum travel time be, the name of the 314 receiving school and the number of students that would be required to travel on a school bus beyond the State Department of Education recommended travel times? Receiving School(s) Name ___________________________________________________ ___________________________________________________ Maximum travel time for students from closed school _______________________________ Number of students that would be required to travel by a school bus that would exceed the State Department of Education recommended travel time ________________________________ Additional supporting documentation may be attached, if desirable necessary. SBA 131 207 Revised 9/2015 315 School Building Authority of West Virginia SBA MAXIMUM GROSS BUILDING SQUARE FOOTAGE ALLOWANCE SBA FORM 166 208 (Revised April 2009) Number of Students Square Feet Per Student ELEMENTARY (PreK-5) (NEW) Up to 240 students 168 241-265 158 266-290 150 291-315 141 316-340 135 341-399 128 400-440 118 441-490 112 491-540 106 541-590 100 591-640 100 Over 641 students 99 HIGH SCHOOLS (9-12) Up to 500 students 501-550 551-600 601-650 651-700 701-750 751-799 800-900 901-1,000 1,001-1,150 1,151-1,300 1,301-1,500 Over 1,500 students Number of Students Square Feet Per Student MIDDLE SCHOOLS (6-8) Up to 500 students 154 501-550 149 551-600 144 601-650 138 651-700 133 701-750 128 751-800 123 801-850 118 851-925 113 926-1000 107 Over 1,000 students 102 234 224 219 213 198 188 181 175 168 163 157 152 146 Notes: 1. Maximum allowable square footages are used to provide equity for funding of school with various design enrollments per the requirements of Section 208 of this Handbook – SBA Funding Formula Procedures. Actual Unless an extraordinary Educational Specification that requires additional square footage has been approved by the WVDE and SBA, the maximum building design square footage will be dictated by the number of square feet allowed per student and the building program utilization established design enrollment calculation prepared for each project. If a full or partial inclusion Model No. 1 for special education is used, the maximum square footage may be reduced. 2. On projects where the design enrollment is below 240 students for a proposed Elementary School, below 500 students for a proposed Middle School or High School, the LEA and the Architect shall work with the SBA prior to the submission of the grant proposal to ensure the programmatic requirements can be met within the maximum square footage allowance. 3. On projects such as a PreK-8 facility where multiple categories of square footage allowances apply, the enrollment projection breakdown per grade level shall be used across the applicable categories to formulate the maximum square footage allowance. 316 SBA 208 317 (SBA GRANT NAME) GRANT CONTRACT SBA FORM 209 GRANT AGREEMENT BETWEEN THE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA AND THE __________________COUNTY BOARD OF EDUCATION CONTRACT UP TO THE AMOUNT OF $ WITH THE BOARD OF EDUCATION OF THE COUNTY OF ___________ This Grant Contract (the “Contract”) is entered into by and between the School Building Authority of West Virginia (“Authority SBA”) and The ________________ County Board of Education of the County of _____ (the “County Board”) this day of , 20 . RECITALS A. The Authority SBA was established pursuant to the Constitution and laws of the State of West Virginia, including, particularly, Chapter 18, Article 9D of the Code of West Virginia, 1931, as amended (the “Code”) (the “Act”) to provide available funds (as described in Section 18-9D-6 1 et seq. of the Act) to finance the costs of acquisition, construction, renovation, emergencies, repair and safety upgrading of facilities for public school purposes in the State of West Virginia (the “State”). B. In accordance with the Act and the Program Guidelines of the Authority SBA, and at the request of the County Board, the Authority has determined to grant funds to the County Board for the purpose of financing the costs of the projects described in Exhibit A-1 attached hereto as follows: (Project Description Inserted Here) C. This Contract provides the terms and conditions upon which the Authority agrees to make, and the County Board agrees to accept such grant. Section 1. Subject to the terms and conditions described herein, the Authority hereby grants to the County Board, funds up to $_______________ (the “Grant”). The expiration date of this funding grant shall be________________. Section 72. In accordance with the mandates of the Act and regulations promulgated thereunder (the “Code”), the County Board covenants and agrees to expend all of the proceeds of the Grant funds by its designated expiration date as set forth in Paragraph C., Section 318 1., and in accordance with Exhibit A-2, the Project Development Schedule of this Contract. If the County Board fails to expend the entire Grant by such date, the County Board hereby authorizes and directs the Authority to withdraw and the Depository to pay to the Authority any amounts remaining on deposit in the County Account five business days after the above referenced expiration dates. Section 53. The County Board hereby covenants and agrees to use the proceeds of the Grant funds only for approved expenditures with respect to the specific project described on Exhibit A-1 in “B” of this Contract. unless it receives the prior written consent of the Authority SBA. The County Board agrees not to submit a requisition for expenditures which will not be incurred with respect to the project. The County Board agrees to cause said project to be constructed said project within the total sums available to it, including said Grant, in accordance with the plan submitted by the County to the Authority SBA for funding as described in Exhibit A-1 in “B” of this Contract, and in accordance with the regulations, guidelines and direction of the Authority SBA. Section 4. Amounts in the County Account (not including investment earnings therein), may be withdrawn by the County Board at any time upon submitting a Requisition in the form attached hereto as Exhibit B to the Depository, with a copy submitted at the same time to the Authority. The Authority shall have the right to request additional information and/or documentation from the County Board with respect to any such Requisition. Disbursement shall not be made until the Authority approves such Requisition. Section 24 4. The County Board agrees that funds for payment of all requisitions shall be made available from this Grant processed in the proportion of State to Local or other funds dedicated to this project, as defined below: Initial payments shall be made based on the following schedule based on the estimated percentage of State to local funds shown on Exhibit A-1: Responsible Party Percentage of Funds Submitted for Payment Dedicated Funds Authority County Board Total Project Funding 00.00% $0.00 00.00% $0.00 100.00% $ 0.00 Section 35. Upon receipt of evidence satisfactory to the Authority that the The County Board is prepared to commence 319 expenditures of the proceeds of the Grant during the then current fiscal year, the proceeds of the Grant shall be transferred from the Authority’s School Construction Fund held by the West Virginia State Treasurer to United Bank (the “Depository”) and deposited in a fund to be known as the “School Building Authority of West Virginia Project Fund” (the “Project Fund”). The proceeds of the Grant shall be held in a separate subaccount of the Project Fund in the name of the County Board (the “County Account”). The County Board hereby authorizes the Depository to invest amounts on deposit in the County Account in investment securities at the direction of the Authority. All interest earned on such will inure to the benefit of the Authority and will not be available for withdrawal by the County Board must submit a Requisition in the form attached hereto as Exhibit B to the SBA. The SBA shall have the right to request additional information and/or documentation from the County Board with respect to any such Requisition. Disbursement shall not be made until the SBA approves such Requisition. Section 22 6. The County Board of Education understands that it must conduct any school closure hearings that may be required by for this Project and obtain State Board of Education approval of such closures prior to submitting any invoice Requisition to the SBA for consideration of payment and that the SBA will not recognize any invoice Requisition prior to such action by the County and State Boards of Education. Section 14 7. Should the desired building design costs exceed the total construction funds available, the County must reduce the scope of the Project and/or value engineer the facility to the satisfaction of the Authority prior to proceeding to the next Project development phase. Failure to do so may be interpreted by the SBA as a Breach of Contract resulting in negation of the Grant Agreement between the County B local board and the SBA The County Board should work to ensure that project costs do not exceed the total funds available. However, should the project costs exceed the total funds available, the County Board must, to the SBA’s satisfaction, reduce the scope of the project, value engineer the facility, or commit additional local funds prior to proceeding to the next project phase. Section 6 8. The County Board agrees that the funds it receives as a Grant will not be used by the maintenance department of the County Board for the purpose of purchasing materials and equipment needed to improve and maintain existing facilities outside the scope of this project. 320 Section 13 9. The County Board agrees to comply with all requirements as listed in the SBA Policy & Procedures Manual Handbook requirements contained in Section I and to require this language in the Architect and Engineer contracts relating to projects receiving funds from the Authority as well as items set forth in Appendix J of the School Building Authority Policy Handbook. Section 9 10. The County Board hereby covenants and agrees that it will submit the educational specifications, as well as design plans and specifications, as per School Building Authority’s SBA’s Policy and Procedures Handbook for the erection construction and/or renovation of school buildings to the Authority SBA for approval. Such plans and specifications shall comply with all requirements set forth in the Program Guidelines. Approval of plans and specifications for final construction will be subject to evaluation of the plan and the proposed site Final constructions plans and specifications are subject to approval by the Authority SBA. Section 1611. The County Board shall retain an Architect for renovations, additions and/or new construction projects as required by Chapter 5G of the WV Code or as required by the School Building Authority SBA. Furthermore, the County Board agrees that it shall not dictate and/or require the use of a specific consultant that is not proposed by the A/E as a part of the firm’s design team at the time an expression of interest is given. While the selection of which A/E design firm team that is to design the new or renovated facility is solely the decision of the LEA, the decision of which architect(s), engineer(s), planner(s) or firm(s) that make up a design team is solely the decision of the principal of the lead A/E firm. Section 12. The County Board shall award bids only to properly licensed contractors as per the state Tax Department regulations. The County Board of Education shall require written evidence from all prime contractors that all subcontractors and all sub-subcontractors performing work on the approved project shall be covered by all required bonding. i.Section 12. The County Board agrees to retain architectural services using the latest Edition AIA Standard Form of Contract between Owner and Architect approved School Building Authority Architectural/ Engineering Service Agreement and the SBA’s Architectural / Engineering Supplemental Requirements. The County Board agrees that any percentage architectural fees shall be based upon the bid cost of the project, excluding cost overruns and change orders in accordance with Section I of the SBA Guidelines the SBA Policy & Procedures Handbook. 321 Section 10 13. The County Board agrees to cooperate with the SBA with regards to issuing contracts for services of Construction Analyst (CA) or Construction Managers (CM) assigned to the project by the SBA. The County Board further agrees to include language within the Standard Form of Agreement between the Owner and Architect that requires the Architect to cooperate with the Construction Analyst (CA) or Construction Manager (CM) with regards to their services in accordance with the AIA Construction Manager contracts and the SBA Task Order Agreement for Construction Analyst (CA) services include the SBA Project Development schedule (PDS) in the Architect/Engineer’s professional services contract. The County Board further agrees should the Authority deem sufficient progress is not being made on the planning and design of the Project in relation to the PDS, the Authority may revoke the Grant and the County shall reimburse the Authority, in full, any expended funds from the Grant proceeds. Furthermore, the County Board agrees to establish and enforce the construction contract completion date established in the AIA “General Conditions of the Contract for Construction.” The number of calendar days for the completion of the project shall be delineated within the Agreement. Any revisions to the completion days established shall be approved by the SBA and a Construction Change Order shall be issued for the additional days that are agreed upon. Additionally, the SBA will establish delay costs for the Project based on the scope of the construction contract. To the extent the construction contract allows, The County Board shall require the Project to be completed within the schedule established in the SBA Grant contract and/or the approved completion date established in the AIA Agreement between the Owner and Contractor. Should the County Board fail to comply with these provisions during the construction phase of the Project, this action may result in penalties paid to the SBA by the County Board, based on the SBA established delay cost calculations for this Project. ii. Section 14. The County Board agrees to provide language within the Architect’s design contract that requires the Architect to design the project within the funding available. If the desired educational programming exceeds the SBA programming standards, the Owner and Architect shall agree to resolve the programming differences prior to schematic design phase submission of the educational program or design to the SBA. Additionally, should the bids received exceed the established Project budget, the architect shall be required to revise the contract documents and re-bid the project at no additional cost or fee to the County Board. 322 Section 15. The County Board shall employ a Clerk-of-theWorks to monitor all construction projects, unless otherwise waived by the Authority SBA for this specific project. The Clerk-of-the-Works shall not be a regular employee of the County Board. The County Board shall use its best efforts to provide funds for the payment of such “Clerk-of-the-Works” by negotiating a reduction in architectural fees relating to such project. The grant recipient may, at the discretion of the Authority’s Construction Committee, be required to proceed with the construction project using an Authority approved design, construction schedule and construction management method. The Clerk-of-the-Works shall be hired by the County Board pursuant to the guidelines as listed in Section 303 of the SBA Policy and Procedures Handbook. The requirement of a Clerk-of-the-Works will shall be waived for counties using construction management. Section 1116. The County Board agrees to include the SBA Project Development Schedule (PDS) in the Architect/Engineer professional service contract and to require the Architect/Engineer to comply with the timelines established in the PDS. The County Board further agrees should the Authority deem sufficient progress is not being made on the planning and design of the project in relation to the PDS, the Authority may revoke the grant and the county shall reimburse the Authority in full, any expended funds from the grant proceeds. Furthermore, the County Board agrees to establish and enforce the construction contract completion date established in the AIA “General Conditions of the Contract for Construction”. The County Board shall provide the SBA a copy of the proposed AIA contract for construction for review and comment prior to the execution of the agreement. The number of calendar days for the completion of the project shall be delineated within the agreement. Any revisions to the completion days established shall be approved by the SBA and a construction change order issued for the additional days that are agreed upon. Additionally, the SBA will establish delay cost for the project based on the scope of the construction contract. To the extent the construction contract allows, the County Board shall require the project to be completed within the schedule established in the SBA grant contract and/or the approved completion date established in the AIA Agreement Between the Owner and Contractor. Should the County Board fail to comply with these provisions during the construction phase of the project, this action may result in penalties paid to the SBA by the County Board, based on the SBA established delay costs calculations for this project shall award contracts only to properly licensed contractors as per State Tax Department regulations. The County Board shall require written evidence from all prime contractors that all subcontractors and all sub-subcontractors performing work on the approved project shall be covered by all required bonding. 323 Section 17. The County Board further agrees to provide assurances to the SBA that no undocumented workers or registered sex offenders will be employed by subcontractors or prime contractors on this Project. The County Board shall include language in the bidding documents (SBA Supplemental Instructions to Bidders and Supplemental General Conditions to the AIA General Conditions Contract for Construction) addressing these issues. SBA Forms 181 404 B & 182 404 C shall be completed by the Project contractors and SBA Form 180 404 A shall be completed by the County Board and forwarded to the SBA office that to provides assurances that all contractors have complied with this policy. Section 8 18. The County Board hereby covenants and agrees that it shall not proceed with the building design for the school without first securing a clear and free title to the property where the SBA funded facility is to be constructed, or without securing a right-of-entry as result of a condemnation proceeding initiated to secure the site where the SBA funded school is to be constructed. (iii) The County Board agrees to contractually require the architectural firm to revise plans without additional cost to the County Board when the preliminary plans provided for review do not meet the requirements of the Authority, State Fire Marshal or any other regulatory agency. iv. Section 19. All proposed construction change orders or proposal proposed construction change directives requests, change directives or construction change orders shall be submitted to the Authority SBA for review and approval. Changes shall be submitted to the Authority SBA in an AIA document format. Any project change that is not approved by the Authority SBA which results in an encumbrance of additional Project funds regardless of the source, may at the option of the Authority SBA, cause termination of this Grant. The County Board, at the demand of the Authority SBA, will assume responsibility of existing contracts, forfeit the remaining Grant funds and repay the Authority SBA the full amount of Grant funds expended at the time of termination with interest accruing from the date of termination at the rate of six percent per annum. No construction contract or change order may be executed by the Grantee until all sources of financing are identified and approved by the SBA. (v) The Project budget shall be amended to reflect any and all increases or decreases in the project finance plan. Funds from any and all sources shall be submitted in the form attached hereto as Exhibit C for review and approval by the Authority. No construction contract or change order may be executed by the 324 Grantee until all sources of financing are identified and an updated Exhibit C is submitted and approved by the Authority. Section 23 20. The County Board agrees that the Authority it will maintain a 5% retainage based on the total construction cost of the project until all construction contracts are complete and an approved Certificate of Project Completion is executed. To avoid placing the County at risk, it is recommended that the County withhold final payment on this project until such time. Section 2 21. The Authority shall be granted the privilege to act as co-owner of properties during construction or renovation of the facility without the liability of ownership . SBA Reserves the right to visit projects at intervals deemed necessary to observe the progress of construction. The SBA’s field representative shall have such responsibilities as the SBA may delegate. Section 17 22. No educational facility shall be occupied without prior written approval from the Authority and the appropriate State and County regulatory agencies. Because construction completion dates do not always coincide with educational schedules, the County agrees to complete and submit to the SBA, with design development drawings, a viable contingency plan addressing how all affected students and staff will be housed should the new, additional or renovated facility not be available for occupation within the proposed time schedule. Section 2023. The County Board agrees to keep the Project in good repair and working order after completion and execution of this Grant and accepts the terms and conditions identified in Exhibit D of this agreement. The County Board acknowledges that the Authority SBA and/or the West Virginia Department of Education Office of School Facilities may inspect any project from time to time after completion, and if the Authority determines that a Project is not being maintained in such condition, the State West Virginia Board of Education may require that state aid monies be used to provide improvements or repairs to such Project Section 1924. The County Board hereby covenants and agrees to have County maintenance and custodial staff trained on-site by the State Department of Education HVAC technicians on all new HVAC equipment and controls. The County Board shall contact the West Virginia Department of Education Office of School Facilities immediately following the installation of new HVAC equipment for training and for follow-up training six months after the initial training to insure proper maintenance and operation of the new HVAC equipment 325 and controls during heating and cooling seasons in the first year of operation. This training shall be in addition to the contractor training provided at the conclusion of the project. The SBA and WVDE Staff shall be notified of the training schedule and the County agrees to schedule additional training, if, in the opinion of the SBA or WVDE Staff, additional training is required in order for all key maintenance and custodial personnel to become efficient in the maintenance and operation of the new HVAC equipment and controls. The County Board agrees to adhere to the guidelines established in Exhibit C attached hereto. Section 25 26. In order to utilize state funds expeditiously in accordance with The Code and to avoid extraneous costs associated with inflation that occurs in extraordinary design and/or finance planning and construction delays, this Grant is conditioned upon the representation of the County Board, by the affixed signature of their its President, that they it will meet the planning and construction schedule outlined in Exhibit A-2 of this contract. Upon failure to comply with such schedule made in Exhibit A-2 of this agreement, the County Board shall be in default of this agreement and subject to the default provision set forth in this instrument. Section 21 27. Any funds designated in this contract are provided in accordance with the details of the Project as presented in the County Board’s Comprehensive Educational Facilities Plan approved by the West Virginia State Board of Education and the School Building Authority SBA for the County Board. Failure to develop the Project in accordance with the approved plan entails a misrepresentation that may, at the discretion of the Authority, void this contract. These details include designated utilization of the facility, instructional improvements, cost savings measures, health and safety improvements, and the initiation of any student/teacher services so indicated in the plan. Section 18 28. Should the possibility exist that the scheduled construction completion date negatively impacts the County’s ability to occupy the facility for the start of school, the County Board agrees to develop and implement a contingency plan. This plan must address how all affected students and staff will be housed should the new or renovated facility be unavailable at the beginning of the school term. Upon request by the SBA, the contingency plan must be submitted for review and approval along with the design development submission requirements. Section 26 29. Upon any default under its representations of the agreements set forth in this instrument, or in the instruments incident 326 to the awarding of the Grant, Grantee, at the option and demand of Grantor, will repay to Grantor forthwith the original amount of the grant received with the interest accruing thereon from the date of default at yield rate of the bonds from which the grant was made or at the current prime interest rate for grants made from Pay-As-You-Go funds. Default by the Grantee will constitute termination of the grant thereby causing cancellation of financial assistance by the School Building Authority under the Grant. The provisions of this Grant Agreement Contract may shall be enforced: by Grantor, at its option and without regard to prior waivers by it of previous defaults of Grantee; by judicial proceedings to require specific performance of the terms of this Grant Agreement Contract or; by such other proceedings in law or equity, in either Federal or State courts, as may be deemed necessary by Grantor to assure compliance with the provisions of this Grant Agreement and the laws and regulation under which this grant is made. No provisions of this Grant Contract shall supersede any and all State, Federal and Local Laws. Section 27. This Grant Contract shall become effective as of the date first written and upon your mutual acceptance thereof. FOR THE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA By: _______________________________________________ Executive Director Date: ____________ Accepted and agreed to as of the date first above written: by signatures below: THE ____________COUNTY BOARD OF EDUCATION OF THE COUNTY OF_______________ By: _______________________________________________ Date: ____________ Superintendent, County Board of Education By: _______________________________________________ Date: ___________ President, County Board of Education 327 School Building Authority of West Virginia PROJECT DEVELOPMENT SCHEDULE EXHIBIT A-2 Elementary School / Design Build and Construction Schedule: Milestone 1. Planning (1) 2. Schematic Design 3. Design Development & Technology Plan 4. Bidding / Construction Documents 5. Bidding & Contract Award 6. Construction (2) Total Time Timeframe (Months) 3 2 4 3 1 14 27 Deadline Date Middle School / Design Build and Construction Schedule: Milestone 1. Planning (1) 2. Schematic Design 3. Design Development & Technology Plan 4. Bidding / Construction Documents 5. Bidding & Contract Award 6. Construction (2) Total Time Timeframe (Months) 3 2.5 5 3.5 1 18 33 Deadline Date High School / Design Build and Construction Schedule: Milestone 1. Planning (1) 2. Schematic Design 3. Design Development & Technology Plan 4. Bidding / Construction Documents 5. Bidding & Contract Award 6. Construction (2) Total Time Timeframe (Months) 3 2.5 5 3.5 1 21 36 Deadline Date General Notes: 1. PLANNING – Note (1) The project development schedule begins with the SBA notice of grant award. It is imperative that the project move forward based on the schedule provided. To meet the critical timelines, you will be required to have all planning, design, and when applicable, construction management professionals under contract and the educational program of 328 space completed within 90 days of the grant award notice. The scope and complexity of each project will be considered, and the development schedule will be adjusted to reflect greater or less planning and design time as determined by the SBA. Submission requirements for items 1-4 are provided on SBA Form 176 A-E 302 A-D in the SBA Policy & Procedures Manual Handbook. If the project is delayed at any phase at the county level as a result of timelines not being met, the SBA will require the grant recipients to pay the delay costs based on the current annual construction inflation rate, prorated over the number of months the project is delayed. Design Build project schedules will be adjusted to comply with the requirements of code and SBA Design/Build Policy. Major addition and renovation project schedules will be established jointly with the grant recipient, project architect or design builder and the SBA based on the size and complexity of the project. 2. CONSTRUCTION – Note (2) Unless approved by the SBA, the construction timeline for a lump sum contract will be dictated by the completion days provided by the Contractor(s) within the bid. The construction timeframes indicated above are approximate. SBA 209 Exhibit A-2 Revised 9/2015 329 School Building Authority of West Virginia REQUISITION FORM EXHIBIT B Page 1 COUNTY: _______________________________ DATE: _______________________________ SUBMIT TO: SUBMIT TO: PREPARED BY: United National Bank School Building Authority of West Virginia Name: ___________________ P.O. Box 393 2300 Kanawha Boulevard, East Email: ___________________ Charleston, WV 25392 Charleston, WV 25311-2306 Phone: ___________________ Attention: Kathy Smith Attention: Garry Stewart You are authorized to make the following disbursement from the School Building Authority of West Virginia Project Fund (the AFund@) maintained under that certain Depository Agreement dated February 15, 1990 by and between the School Building Authority of West Virginia and United National Bank, as Depository. (1) County Account: (2 1) Requisition Number: (3 2) Name of School: (4 3) SBA Project Number: (5 4) Name and Address of Payee: (Co. Bd. Of Ed. Or RESA) ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ (6 5) Amount: ____________________ (Total all invoices) ATTACH SBA RECONCILIATION SUMMARY 1. The expense listed above has been incurred as a cost of a project identified in the Grant Contract Project Grant Award ____________, dated effective __________ by and between the School Building Authority of West Virginia and the undersigned County Board. 2. A copy of the invoice(s) relating to this payment and a description of the work, materials or equipment is attached. Such materials are not subject to any lien or security interest and such funds will not be used to satisfy such lien or security interest. 330 3. By affixing my signature, I certify that all requisitions from which payment was received the prior month have been paid to the vendor(s). Dated this _____ day of __________, 20 . THE BOARD OF EDUCATION OF THE COUNTY OF _______________ By: _______________________________________ County Superintendent Note: Requisitions must be received by United National Bank and the Authority on or prior to the 5th day of the month in which payment is required. No facsimile requisitions will be accepted for issue of payment. 331 School Building Authority of West Virginia REQUISITION RECONCILIATION SUMMARY EXHIBIT B Page 2 *ALL ITEMS LISTED HEREIN MUST TOTAL THE AMOUNT OF THE REQUISTION SUBMITTED. COUNTY: ___________________________________________________________________________ SCHOOL / PROJECT NAME: ___________________________________________________________ Contractor(s) / Vendor(s) Item Description (Include Building Name/Project #) Requisition Total SBA 209 Exhibit B Revised 9/2015 332 Additional Info. Amount $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Approved by SBA 333 BUILDING MAINTENANCE AND UPKEEP AGREEMENT BETWEEN THE ________________ COUNTY BOARD OF EDUCATION AND THE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA FOR ___________________________________ SCHOOL EXHIBIT D C West Virginia Code §18-9D-16 requires all county boards of education to implement a plan of regularly scheduled maintenance and preventive maintenance for all facilities within the county. School Building Authority (SBA) “Needs” based and “Major Improvement Plan” funding is contingent upon the implementation of this countywide plan. As a condition of this Grant, the _______ County Board of Education (the County Board) must agree to the following in regards to this SBA funded project.  The County Board will assign sufficient custodial personnel to this facility in order to provide a clean and healthful environment for students and staff.  Custodial staff members will be provided sufficient training required to perform tasks assigned.  Building maintenance staff members whose job responsibilities require them to perform maintenance on this facility will have sufficient training to allow them to successfully complete their duties assigned regarding building maintenance. The State Board West Virginia Department of Education Office of Facilities (SDEOF) will provide technical training and support for the Heating/Ventilating and Air Conditioning (HVAC) Maintenance Plan.  Annual funding will be provided from the county budget to support the maintenance and preventive maintenance plan for this facility. The SDEOF technical support staff will be utilized to assist with the creation of the HVAC preventive maintenance plan and its implementation. Acceptance of SBA funding for this project represents a commitment by the county board of education to perform or cause to be performed the above maintenance and custodial duties for this project. An on-site inspection of this facility will be conducted annually by the SDEOF in accordance with West Virginia Code §18-9D-16h. Compliant and noncompliant standards will be identified and reported to the county and the SBA. The SBA will conduct follow-up visits and in cooperation with the county board of education initiate a plan of improvement. Failure to 334 implement the maintenance and custodial care plan of improvement required to keep this facility clean and in good repair may cause a redirection of state aid funding by the SDEOF in an amount sufficient to cause this work to be contractually performed until such time as the county board staff has been properly trained to successfully perform the work. SBA 209 Exhibit D C Revised 9/2015 335 School Building Authority of West Virginia SBA REQUEST FOR PROPOSALS (RFP) TEMPLATE FOR ENERGY SAVIGNS PERFORMANCE CONTRACT PROJECTS SBA FORM 210 __________ COUNTY BOARD OF EDUCATION NOTICE TO PERFORMANCE COMPANIES GENERAL INFORMATION AND REQUEST FOR PROPOSALS FOR (Insert scope – ex: AN ENERGY EFFICIENCY AND HVAC SYSTEM IMPROVEMENT PROJECT) The ________County Board of Education is issuing this Request for Proposals (RFP) for the selection of an energy services company (ESCO) to implement a ________________________ project. The proposals shall consist of qualifications, experience, financial proposal and staffing plan. A copy of the complete RFP will be available for pick up at the ________ County Board of Education Office at ______________________ or by emailing _________ at ______________. ESCO’s that are interested in being considered must submit a Proposal in response to this RFP on or before _____________________________________________. The County will conduct a mandatory pre-proposal conference and walkthrough inspection tour of the facilities included in this RFP on __________________ at _________. The pre-proposal conference will be held first at ____________________, with the walk through to begin immediately thereafter. County officials and project consultants will be present to answer questions regarding the RFP and the project. Contractors interested in attending the conference must contact __________________________ at ( ) ____________________ no later than ______________________. Proposals will be accepted only from contractors represented at the pre-proposal conference. Following the conference, arrangements can be made by contact the person named above to make an additional site visit(s) for the purpose of gathering additional information. The successful ESCO will be determined solely from the Proposals. However, the ________County Board of Education reserves the right to interview all of the candidates if so chooses. 336 An original and two copies of the proposal are required. To prevent opening by unauthorized individuals, your submittal should be identified on the envelope as follows: PROPOSAL ENCLOSED TIMED MATERIAL Performance Services Project The proposal shall be addressed to: Contact Name: ______________________________ County Name: _____________________________ Address: _______________________________ City, State, Zip: _____________________________ The ________County Board of Education reserves the right to amend the RFP based on questions and issues raised during the conduct of this solicitation. 337 __________ COUNTY BOARD OF EDUCATION PROPOSAL INSTRUCTIONS AND CONDITIONS REQUEST FOR PROPOSALS FOR A PERFORMANCE SERVICES PROJECT I. INTRODUCTION AND BACKGROUND The objective of this Request for Proposals (RFP) is to solicit proposals for a performance project to assist the ________County Board of Education in making ______________________________________ ______________________________________________________________________________ ______. The ________County Board of Education wishes to implement the proposed energy project on an energy performance contract basis per the conditions as listed in West Virginia Code §5A-3B-1 et seq. and the SBA Policy & Procedures Handbook – Section 210. The ________County Board of Education will only consider performance contract proposals based on a guaranteed savings agreement, i.e. savings and/or guarantee payments will equal or exceed the cost of the lease payments or debt service. It is expected that savings and/or guarantees provided by the ESCO selected pursuant to this RFP will fully offset the project costs involved for the ________County Board of Education. Proposers should propose arrangements for acquisition, financing, and ownership of equipment to be installed as part of this project that responsibly maximize the net economic benefit to the ________County Board of Education _________or reduce the risk to the ________County Board of Education. II. GENERAL INFORMATION The qualifications, experience, financial terms and staffing plan (of ESCO’s proposing to implement this comprehensive performance services projects for the County on a performance contracting basis) will be evaluated and ranked. Written questions will be received by the County until _________ at _____ PM. Questions shall ONLY be submitted to __________________________ via email at ______________________. The ESCO selected, as a result of this RFP, will be expected to: A. Provide comprehensive performance services, including but not limited to: 338 1. The performance of an investment quality comprehensive performance audit. 2. The design and specification of the proposed equipment and systems. 3. Services associated with the procurement, installation, and commissioning of new equipment and systems. 4. Preventive and emergency maintenance and servicing of the equipment installed. 5. Staff training. 6. Services in connection with the arrangement of program financing. 7. Savings/revenue enhancements performance guarantees. 8. The ESCO must work cooperatively with the __________ County Board of Education staff in coordinating this project. 9. Financial incentives and rate reductions available from companies supplying fuel oil, natural gas, electricity, or transmission and associated distribution services. B. Identify measures that can be taken to reduce operating costs for all activities and energy sources including natural gas and electricity and to reduce consumption for heating, cooling, ventilation, refrigeration, lighting, water heating, and other systems in each facility. Measures may involve controlling, modifying, adding, or replacing equipment and systems. C. The proposed contract resulting from the Comprehensive Audit shall include a table of the identified measures that clearly lists the costs and benefits of each measure to allow the __________ County Board of Education to select the group of measures to be included in the final contract. D. Structure the terms of the __________ County Board of Education’s obligation to pay for the services provided on a performance-contracting basis. The savings and/or guarantees provided by the ESCO selected pursuant to the RFP will fully offset the project costs involved for the __________ County Board of Education. III. THE SELECTION PROCESS A. Timetable The County expects to undertake the selection process according to the following schedule:  Deadline for receipt of written questions: _________________________  Proposal Submission with a sample audit: _________________________  ESCO interviews (at the BOE’s discretion): _________________________  ESCO selection: _________________________ 339 B. Proposal Evaluation Criteria Upon review of proposals received in response to this RFP, the owner expects to select a single ESCO to provide comprehensive energy services as outlined in Section II above. If a viable project is identified following the comprehensive energy audit, the ESCO and the __________ County Board of Education will then negotiate an energy performance contract to provide for the implementation of the proposed project. Proposals will be evaluated and scored on the basis of the following criteria: 1. Qualifications and Project Experience Rating 20 points) (Proposal Sections 1 & 2) (Maximum Points will be awarded based on demonstrated experience with similar projects as reported in the Statement of Qualifications and Experience and responses from project references. Experience with similar projects will be understood to include development of performance contracts to furnish performance services in facilities similar to facilities in this project. Only experience where the energy services company (ESCO) provided an energy savings guarantee will be viewed as applicable. Experience as a firsttier subcontractor or sub-consultant to an ESCO will not be viewed as relevant. Also, experience as a Design-Build contractor that did not include an energy savings guarantee will not be considered relevant. All references must be for the “responding ESCO” operating under its existing name and must be for the “responding ESCO” as a company. References will not be for an individual person, but for the Company as a whole. ESCO must be accredited as an Energy Services Company by the National Association of Energy Service Companies (NAESCO) and be qualified by the U.S. Department of Energy as an Energy Service Company. 2. Staffing Plan points) (Proposal Section 3) (Maximum 15 Points will be awarded based on qualifications of proposed number of licensed and certified professionals (not including unrelated subcontractors), documented technical and project administration skills, licensure, 340 certification and experience of the proposed project team. Only those individuals proposed to work directly on the subject project should be included in the Staffing Plan. Consistency of staff in the example projects and the proposed team should be ranked higher. NOTE: ESCO-s that intend to self-perform the installation services must full disclose this intent. Note well that ESCO’s that intend to self-perform installation services must also obtain pricing from up to four companies for the supply and installation of the proposed equipment. The County must be assured that they are receiving “fair market” pricing for all equipment and installation. Opinions of cost or estimates from third party companies will not be considered an adequate substitute for the above described pricing process. The ESCO will have the option to self-perform the work for the price of the lowest price obtained or to hire the contractor with the lowest price as a subcontractor. 3. Technical Capability points) (Proposal Section 4) (Maximum 20 Points will be awarded based on the quality and comprehensiveness of the technical approach, sample energy audit, description of the energy baseline methodology, and the approach to project management and subcontractor selection process. 4. Financial Terms points) (Proposal Section 5) (Maximum 30 The __________ County Board of Education is interested in selecting an ESCO that conducts business with a philosophy of full disclosure of all project costs. Construction mark-up will be the primary factor evaluated for the value brought to the __________ County Board of Education by the proposed approach to project implementation. Consideration will be given to proposals that responsibly maximize the net economic benefit to the __________ County Board of Education over the term of the energy services agreement, and that responsibly minimize the risk to the __________ County Board of Education in connection with the proposed transaction. Factors that will be considered for purposes of providing the greatest net benefit to the __________ County Board of Education include:  Construction mark-up per the Projected Implementations Costs form included in Section 5 of the proposal; 341   The approach to project financing; The approach to procuring equipment, material and installation labor. Additionally, if alternative financing is proposed, the proposer’s sources of financing and purchase option terms (both during the term of and at the end of the performance services agreement) will be considered. 5. Proposed Project Schedule points) (Proposal Section 6) (Maximum 5 Proposals will be evaluated on the reasonableness, clear presentation, length and detail of the proposed project schedule. The proposal should include descriptions of how the proposer intends to achieve the project schedule. 6. Official Statement of the Proposer points) (Proposal Section 7) (Maximum 5 7. Interview (Option Reserved by the BOE) points) (Maximum 5 Interviews will be held with up to three top ranked ESCO-s to obtain clarification of issues raised by earlier stages of the evaluation process, and to assess the qualifications of the project team and its ability to implement all tasks and responsibilities in a prompt and efficient manner. Scores assigned for proposals, under any category, may be amended based on information obtained during the oral interviews. The proposed project team should be made available during the oral interview to discuss their individual experience, as well as their specific role in this project. C. Final ESCO Selection The proposal with the highest combined total of awarded points from all members of the review team will ultimately determine the ESCO to be selected to implement the project. The total maximum points per reviewer shall be 100. The __________ County Board of Education reserves the right to implement the project in multiple phases and award future phases to the ESCO selected via this RFP. 342 IV. RFP PROCEDURES A. Point of Contact Name: ___________________________ Email Address:____________________________________ B. Submission of Proposal/Sample CEA Respondent must submit an original and two (2) copies of their Proposal. C. Modification or Withdrawal of Proposals Any proposal may be withdrawn or modified by written request of the proposer, provided such request is received by the __________ County Board of Education at the above address prior to the date and time set for receipt of proposals. D. Right to Reject Proposals This RFP does not commit the __________ County Board of Education to award a contract, pay any cost incurred in the preparation of a proposal in response to this RFP, or procure or contract for services. The __________ County Board of Education intends to award a contract on the basis of the best interest of and advantage to the County and reserves the right to accept or reject any or all proposals received as a result of this request. The __________ County Board of Education reserves the right to negotiate with all qualified proposers, or to cancel this RFP in part or in its entirety, if it is in the best interest of the County to do so. V. REQURIED PROPOSAL CONTENTS Proposals must be submitted in the format outlined in this section. The __________ County Board of Education reserves the right to eliminate from further consideration any statements deemed to be substantially or materially non-responsive to the requests for information contained herein. Section 1 – Statement of Qualifications Proposer must include the following elements in response to this RFP: 343     Names, titles, and email address of two people authorized to represent the firm on this project, and answer any questions presented by the County. Quantity and type of licensed and/or certified professionals in office that will support this project. Provide certificate stating that ESCO is accredited as an Energy Service Company by the National Association of Energy Service Companies (NAESCO). Provide supporting documentation stating that the ESCO is qualified as an Energy Service Company by the U.S. Department of Energy. Section 2 – Project Experience Proposer must describe three projects that best exemplify the range of technical services provided by the ESCO for a project similar to this one. Projects where the ESCO did not provide an energy saving guarantee directly with the Owner are not considered relevant experience and should not be included. Each project description (not to exceed 2 pages) should include:      Name and telephone number of references for the project. (County presumes permission to contact.) Total contract cost. Brief description of the project’s scope of services and status. (Include type of facility at which project was implemented, whether the project was completed on the original schedule and whether significant problems occurred that affected project performance. As appropriate, identify all prime contractors or subcontractors and their role in each project.) This section should be used to demonstrate the firm’s experience in completing a project using the technologies relevant to the County’s facilities. Energy use and costs prior to project implementation. Annual cost savings and annual levels actually achieved. Section 3 – Staffing Plan This section should include a complete description of the individual experience and qualifications of the proposed project staff. The staffing plan should include name, title, experience and relevant duties of each individual active in this specific project. No credit will be granted during the evaluation process for the experience of anyone who will not be directly involved in implementing this project. Provide an organizational chart. In addition, any subcontractors the ESCO intends to use for the project shall be identified and their role(s) described. Provide subcontractor’s name, address, contact person, phone number and relevant experience. Examples of subcontractors that shall be identified include but are not be limited to:  Energy auditing firm 344     Architectural/engineering firm that will be responsible for project design Construction manager Construction contractors Hazardous material consultants and contractors Section 4 – Technical Capability In a Section to be labeled Section 4-1, the proposal must explain the approach your organization will take in delivering the comprehensive technical services required to audit, design, install, commission and maintain the proposed energy efficiency improvements. Describe the process to be followed in selecting and managing subcontractors. A comprehensive audit and design/specification documents are not required at this time. In a Section to be labeled Section 4-2, describe the Comprehensive Audit that will be conducted for this project after selection of an ESCO on the basis of this RFP. Your proposal must include information on the systems to be covered and the general method to be used. Provide, as an attachment, an abridged copy of the Comprehensive Audit developed for one of the three example projects listed above. The example audit provided should be similar to the Comprehensive Audit anticipated for this project. A proposal audit is not requested or required at this time. In a Section to be labeled Section 4-3, describe in detail the method you will use to compute the baseline. Attach a sample computation from a previous project done by your firm, with full documentation of methods, assumptions and input data. Section 5 – Financial Terms The __________ County Board of Education seeks to structure the project such that payments to finance the total project cost plus payments for ongoing incremental project maintenance and M&V services will be paid in full by the value of measured savings and/or revenue enhancements resulting from the project. The proposer may propose any underlying project financing mechanism so long as it meets the objectives above and complies with West Virginia State laws, rules, and regulations. The __________ County Board of Education shall participate in the competitive bidding and selection of all construction contractors. Construction bids will be reviewed with the __________ County Board of Education Staff and Contractor selection will be jointly determined between the ESCO and the __________ County Board of Education. The County BOE Staff shall approve the bid documents and any subsequent addenda required prior to release. If 345 School Building Authority funds are awarded as a part of this project, the SBA shall approve the construction bid documents prior to releasing the project to bid, and all bid dates must be coordinated through the SBA Staff. If the proposer is intending to provide a portion or all of the construction utilizing their own personnel, the process by which the assurance of a competitive construction cost will be insured shall be described in detail. None of the ESCO’s expenses and/or overheads shall be included in any way as part of the construction bids including subcontracting of typical ESCO project development activities. A signed certification statement shall be required from the ESCO stating this is true. Refer to Section 7 – Official Statement of Proposer. For the purpose of calculating the construction mark-up percentages below, the unburdened construction cost shall be defined as the value of the final construction cost paid for facility improvements without any additional markup by the ESCO. Construction shall be defined as the cost of the facility improvement work and shall not include any of the activities listed on the Project Implementation Costs form in Appendix A. If the ESCO intends to use their own labor and;/or materials, the unburdened construction cost shall be market price for those services. Detailed financial information required in this Section includes the following estimated costs that are based on the information provided in this RFP. This information shall be provided using the Project Implementation Costs form in Appendix A. Note: The __________ County Board of Education will not pay for any additional costs above the unburdened construction cost that are not identified in the proposal. Refer to Section 7 – Official Statement of Proposer. The ESCO shall be required to include cost of the County personnel performing construction inspection activities as a reimbursable cost in the final contract. These inspections costs are not to be included in the above overhead costs or the construction cost. The cost of County inspectors shall be defined during the Comprehensive Audit. Section 6 – Proposed Project Schedule The proposer must provide a complete schedule for achievement of all major project milestones including but not limited to:  Commencement and completion of Comprehensive Audit  Design phase including design and specification documents  Subcontractor pricing and selection  Preparation and execution of final performance contract documents  Obtaining all required permits and School Building Authority approvals (if applicable) 346     347 Procurement of all major equipment Construction phase including construction kickoff and construction completion, startup and commissioning Training of facility personnel Commencement of normal operations Section 7 – Official Statement of Proposer The proposer must check the box, sign and include this statement. Statement must be signed by an individual authorized to bind the respondent. (a) __ The proposer shall include a statement to the effect that the proposal is a firm offer for a minimum 120-day period. The proposal shall also provide the: name, title, address, and telephone number of individual(s) with authority to negotiate and contractually bind the company and, also who may be contacted during the period of proposal evaluation. Name: ________________________________________________________ Title: _________________________________________________________ Address: ______________________________________________________ Phone: ________________________________________________________ (b)__ The ESCO accepts, and intents to comply with, the appropriate sections of the law and applicable regulations that address performance contracting. (c) __ The ESCO hereby agrees to transparently disclose the unburdened construction cost as defined in Note 1 of the attached Project Implementation Cost Form with each of the ESCO’s pay applications. To document this obligation, the ESCO shall provide actual signed subcontractor invoices (as backup) with each ESCO invoice. (d)__ This signed statement shall assure to the Owner that the only compensation that will be paid to the ESCO, will come from the ESCO costs included on the attached Project Implementation Cost Form. The Owner will not pay any ESCO fees, expenses, overheads, or profits in addition to those included on the Project Implementation Costs form attached. (e) __ The ESCO shall include this statement acknowledging that some (or all) construction will be required to take place on other than first shift (to ensure that facility schedules will not be interrupted by construction activities) and that additional costs incurred by either 348 the Owner, the contractor, or both shall be included in the project costs. (f) __ The Owner must be assured that they are receiving “fair market” pricing for all equipment and installation. The ESCO agrees to obtain pricing from up to four companies for the supply and installation of the proposed equipment. ESCO’s that attend to self-perform the installation services must fully disclose this intent and must include certified payroll. I, ___________________________________ certify that the above information is true and accurate. (print name and title) _______________________________________ ___________________________ Authorized Signature 349 Date RFP FOR ENERGY SAVIGNS PERFORMANCE CONTRACT PROJECTS APPENDIX A PROPOSAL FORMS ____________ County Board of Education – Project Implementation Costs Comprehensive Energy Audit $ _________ Less than than Unburdened Construction Cost $3,000,000 $3,000,000 (1) $1,000,000 Greater $1,000,000 Construction Mark-up (2) (as a % of total unburdened construction cost) Program Management and Planning __________% __________% __________% Design and Specifications (Engineer or Record) __________% __________% __________% Administration __________% __________% __________% Cost of Risk __________% __________% __________% Construction Management & ESCO General Conditions __________% __________% __________% Hazardous Waste Administration __________% __________% __________% Commissioning __________% __________% __________% Training __________% __________% __________% Profit __________% __________% __________% Corporate Overhead __________% __________% __________% Other __________% __________% __________% Total __________% __________% __________% Ongoing Project Management Costs Annual Service/Maintenance Agreement Cost $__________ $__________ $__________ Annual Energy Savings Measurement & Verification $__________ $__________ $__________ Other Service fee $__________ $__________ $__________ Other Project Information 350 Escalation rate for Service/Maintenance Agreements ________%/yr ________%/yr ________%/yr Escalation rate for M&V ________%/yr ________%/yr ________%/yr Escalation rate for Energy ________%/yr ________ %/yr ________%/yr Escalation rate for O&M Savings ________%/yr ________ %/yr ________%/yr Note 1. The unburdened construction cost shall be defined as the value of the actual construction cost paid by the ESCO to its subcontractor(s) for the supply and installation of energy conservation measures without any additional markups by the ESCO. The markups listed above shall not be included in the value of the unburdened construction cost. Note 2. The markups listed above shall be the only cost that will be allowed to be added by the ESCO in the unburdened construction cost. The total project cost will be the addition of the unburdened construction cost and the value of the above listed markups. Proposer must include the signed affidavit as required in the RFP. SBA Form 210 351 School Building Authority of West Virginia Policy & Procedures Handbook APPENDIX OF SBA FORMS Chapter 3 Forms FORMS TO SUPPLEMENT EDUCATIONAL PLANNING AND ARCHITECTURAL CONSIDERATIONS 352 School Building Authority of West Virginia SUMMARY OF SPACES Worksheet #1 SBA FORM 142 301-A NOTE: THIS FORM MAY BE SUBSTITUTED FOR A SIMILAR SBAAPPROVED DIGITAL INSTRUMENT This Summary of Spaces from calculations in worksheet is to be used in coordination with Section IV. Building Space Requirements in Chapter 301 of the SBA Policy & Procedures Handbook. CURRICULAR AREA NO. OF CLASSROOMS (According to Formula) * # STUDENTS SBA USE SUBTOTAL/TOTAL *Classroom numbers from the formula are not to be rounded to the nearest 353 whole number, insert the actual answer from the formula. Example: Language Arts -- 3.4 classrooms SBA 142 301 A Revised 9/2015 354 School Building Authority of West Virginia SUBJECT AREA SPACE ALLOCATION DATA Worksheet #2 SBA FORM 141 301-B NOTE: THIS FORM MAY BE SUBSTITUTED FOR A SIMILAR SBAAPPROVED DIGITAL INSTRUMENT This Subject Area Space Allocation Data worksheet is to be used in coordination with Section IV. Building Space Requirements in Chapter 301 of the SBA Policy & Procedures Handbook. Project Name_____________________ Date _____________ Room # 355 Teacher Prepared by ________________ Design Enrollment ________ Course Periods Per Day ___________ Number of Students Per Period 1 2 3 4 5 6 7 8 SBA 1-44.- 301 Revised?9799143 356 School Building Authority of West Virginia BUILDING PROGRAM UTILIZATION WORKSHEET Worksheet #3 SBA FORM 156 301-C NOTE: THIS FORM MAY BE SUBSTITUTED FOR A SIMILAR SBAAPPROVED DIGITAL INSTRUMENT County: __________ School: _____________________________ Current Enrollment: ________ Number Of Classroom Types Classroom Types x Maximum Pupils/ Class Capacity Total Program = Capacity TOTALS: Program Utilization = ____________________ divided by ______________________ = Current Enrollment Total Program Capacity PROGRAM UTILIZATION = ______% Capacity = 85% Desirable Program Instructions for Calculating Building Program Utilization Elementary School – Calculate the number and type of classrooms using the maximum program capacity for each self-contained regular classroom. Assume for example – that all students are seated in a first period block without pullout programs. Do not include library/media, cafeteria, itinerant spaces, resource rooms, or optional academic classrooms such as art, music 357 and computer labs that act as pullout programs to support the core curriculum. Secondary School – Middle/Junior High School programs where various schedules exist, calculate the number and type of classrooms using the maximum program capacity for each regular or special classroom. Assume for example, that all students are seated in a first period block and exclude library/media, commons or any space that cannot be used for other course offerings in the daily capacity of each facility. The maximum capacity for instructional spaces for specialty classrooms is counted once. A specialty classroom may be available throughout the school day but due to its specialized design or equipment it is rendered impractical to use for other instructional purposes. SBA 156 301 C Revised 9/2015 358 School Building Authority of West Virginia ARCHITECTURALE/ENGINEERING FEE SCHEDULE SBA FORM 175 302 Max Additional Fee (%) for CONSTRUCTION COST (NEW) Fee (%) Multiple Prime Contracts $ 3,000,000 and under $ 4,000,000 7.00 1.0 $ 4,000,000 and under $ 5,000,000 6.50 .80 $ 5,000,000 and under $12,000,000 6.00 .70 $12,000,000 and under $16,000,000 5.75 .60 $16,000,000 and under $20,000,000 5.50 .50 $20,000,000 and under $25,000,000 5.25 .40 Over $25,000,000 negotiate N/A NOTE: 1. Fees for projects with construction costs less than $3 million or greater than $25 million will be negotiated in consultation with the SBA Staff based on complexity of the project. 2. Projects with construction costs greater than $30 million will be considered for construction management. 3 2. If multiple prime contracting is required by the SBA determined by the project team to be the most feasible delivery method, A/E fees will shall be adjusted for additional bidding and construction administration services. The additional fee adjustment will be project specific and must be approved by the SBA before executing the contract for A/E services. 4 3. Additional fees will not be paid by the SBA for bidding site preparation packages separate from construction packages. CONSTRUCTION COST (Addition/Renovation) $ 300,000 and under $ 750,000 $ 750,000 and under $3,000,000 $3,000,000 and under $4,000,000 Over $4,000,000 and under $10,000,000 Over $10,000,000 and under $16,000,000 Over $16,000,000 and under $20,000,000 Over $20,000,000 negotiate MAX FEE (%) 10.00 9.00 8.00 7.75 7.50 7.25 N/A NOTE: 1. Fee schedule is based on 50% of construction cost involving renovations. Projects where renovation costs are less 50% and/or demolitions greater than 50% of the total project cost will be negotiated based on the complexity of the project. However, the fee shall not exceed the maximum fee for the addition/renovation construction cost identified. 359 2. Fees for projects with construction costs less than $3 million $300,000 will be negotiated based on the scope of work. SBA 175 302 Revised 9/2015 360 School Building Authority of West Virginia PROJECT SUBMISSION FORM – PLANNING PHASE SBA FORM 176a 302-A SBA County/Architect   Request For A/E Expression of Interest in Qualification Newspaper Advertisement   List of Responding Architectural/Engineering Firms   Short List of Architects to be formally interviewed   Draft copy of the AIA B101 Agreement between the Owner and Architect with the SBA’s Architectural / Engineering Supplemental Requirements to AIA B101 included.   Copy of the Project Development Schedule from Grant Contract (Exhibit A-2)   Preliminary list of Green School components (when applicable) Project Delivery Method Narrative   The A/E shall work with the LEA to determine the most prudent and resourceful project delivery method. Determinations for the following methods shall be selected and reported to the SBA:  Whether the use of an approved Clerk-of-the-Works is required or a Construction Manager  Whether the use of a Construction Analyst is necessary  Whether the project will be bid as a Single Prime Contractor package, a Multiple-Prime Contractor Package or a combination of both  Whether the Site Design bid package will be separate or a part of the Building Design bid package.  Whether Building Information Modeling (BIM) will be used by the design team and to assist the Contractor in construction coordination  The use of an independent Testing Adjusting and Balancing (TAB) contractor or an HVAC Commissioning Agent  Whether the project will be a part of an Energy Savings Performance Contract. Site Feasibility Study Written assurances that the following site feasibility information has begun, shall be provided with the Planning Phase submission. The final site feasibility study along with the recommendation for the preferred site shall be completed and approved prior to the Schematic Design submission.   A study shall be completed on site feasibility. The study must include all site development costs for each site being considered. The site feasibility study along with the recommendation for the 361 preferred site must be submitted to the SBA for approval before proceeding with the acquisition of any site.   A complete site feasibility study must be prepared completed by the project Architect / Engineer before proceeding with the purchase of the proposed site for construction. Consideration must be given to all factors identified in State West Virginia Board of Education Policy 6200, Chapter 2. A copy of the study must be included in the Planning Phase Submission. The site evaluation study must include but is not limited to:   Geotechnical Evaluation   Boundary and Topographic Data   Geological Evaluation (where applicable)   WVDEP and US Army Corps of Engineers Evaluation and archaeological evaluation (where applicable) 1 OF 2 (Planning Phase)   Archaeological Survey - West Virginia State Historical Preservation Office Review (where applicable)   Department of Highways Evaluation (where applicable)   Sanitary Sewer Sanitation / Percolation Test Results (where applicable)   Water Pressure Test Results   Utility Review Correspondence   Other Agencies Reviews (Identify) Educational Programming Information   Conrad Formula Space Calculation Worksheet (M.S. & H.S. only) See A complete Educational Specification (Ed. Spec.) document as described in the SBA Policy & Procedures Handbook (Section I) Chapter 301.   Summary of Spaces Worksheet #1 (SBA 142 301 A)   Subject Area Space Allocation Worksheet #2 (SBA 141 301 B)   Building Program Utilization Worksheet #3 (SBA 156 301 C)   Preliminary Program of Spaces   Preliminary Estimate of Probable Square Footage Construction Cost (square footage cost analysis).   (Where Applicable) Preliminary list of Green School components __________________________________________________ 362 ____________________ Submitted By Date __________________________________________________ ____________________ SBA Approval By Date SBA Form 176a 302-A Revised 9/2015 2 OF 2 (Planning Phase) 363 School Building Authority of West Virginia PROJECT SUBMISSION FORM – SCHEMATIC DESIGN PHASE SBA FORM 176b 302-B The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, and elevations; and may include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. SBA County/Architect   Cover Sheet   List of all drawings included within this submission   List of abbreviations and project specific typical notes   Map of general project location with north arrow   Breakdown of building square footage by floor   Final Program of Spaces This document shall include revised Conrad Formula Space Calculation (MS, HS) a reconciled Program of Spaces showing the differences in LEA desired square footages from the Educational Specification and Architect’s designed square footages. Any changes / updates to Worksheets #1, #2, and #3 SBA 142, SBA 141 and SBA 156 shall be provided if program changes occur from the Planning Phase to the Schematic Design Phase.   Preliminary Educational Specification refer to SBA Policy and Procedures Manual, Attachment I   Written assurance from the design professional that the building square footage depicted on the drawings is consistent with that shown in the program of spaces. If there is a discrepancy between these documents, an explanation of the discrepancy shall be provided.   Schematic Design Drawings, including room square footage (Halfsize drawings are preferred. If original drawings are larger than 24”x36”; half-size drawings must be submitted are required.)  364  Site Plan with Boundary and Topographic Survey Data, Preliminary Grading Plan, Utility Plan showing anticipated proposed tie-in locations, Floor Plan showing room descriptions and square footages of each space, plumbing fixtures and major fixed equipment and exterior elevation drawings sufficient to describe the general layout and character of the building design. Major construction materials and building square footage per floor shall be indicated on the drawings.   Designers shall provide a list of optional mechanical systems being considered for the project. 1 OF 2 (Schematic Phase)   Architect’s preliminary estimate of probable square footage construction cost. If a deficit exists in the cost estimate; the grant recipient must include written assurances of how they intend to solidify the deficit, by either reducing the scope of work or committing additional local funding.   (Where Applicable) List of Green School components being considered on the project. A separate LEED for schools matrix may be attached.   (Where Applicable) Provide the construction analyst or construction manager an electronic copy of the Schematic Design Submission document. __________________________________________________ Submitted By ____________________ Date __________________________________________________ ____________________ SBA Approval By Date SBA 176b 302-B Revised 9/2015 2 OF 2 (Schematic Phase) 365 School Building Authority of West Virginia PROJECT SUBMISSION FORM – DESIGN DEVELOPMENT PHASE SBA FORM 176c 302-C The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and it shall consist of documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the project as to the architectural, structural, mechanical and electrical systems, and such other information as may be appropriate. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. SBA County/Architect   Please check this box only if all previous SBA review comments have been addressed.   Revised Educational Specification Program of Spaces reconciliation document if changes are required from the Schematic Phase submission.   Written assurance from the design professional that the building square footage depicted on the drawings is consistent with that shown in the program of spaces. If there is a discrepancy between these documents, an explanation of the discrepancy shall be provided.   A narrative of the school’s proposed technology plan that describes how the technology is to be integrated into the daily lesson plan by the instructors and how the technology will be utilized and where major technology components will be located. Please refer to the SBA Quality and Performance Standards Section for further assistance.   Provide verification that the available utility services are adequate to support the proposed building requirements.   Outline specification that identifies the major materials and systems and establishes in general their quality levels. This document should include but is not limited to a detailed overview of all major building components and systems per division of work specific to the project. Please refer to the current SBA Quality and Performance Standards in order to establish minimum requirements. If desired, include a request for deviations from the SBA Standards with the submission information. 366   (Where applicable) Provide the project construction analyst or construction manager, an electronic copy of the Design Development document. 1 OF 6 (Design Phase)   The designers shall submit a written narrative confirming the design intent from the schematic phase, which will provide the logic and background for the mechanical system chosen. The design intent shall take into consideration the county maintenance personnel’s ability to operate and maintain specific HVAC systems including the building automation system (BAS). If this system has changed from the list of systems described in the Schematic Design phase, please provide reasoning for this change.   Provide life cycle cost analysis (if required by of the SBA Quality and Performance Manual)   (Where Applicable) Final List of Green School components. A separate LEED for Schools Matrix may be attached. The Design Development drawings Submission shall include, but are is not limited to, the following: SBA County/Architect   Cover Sheet:   List of all drawings included with the submission   List of abbreviations and project specific typical notes   Map of general project location with north arrow   Breakdown of building square footage by floor   Site        Design drawings shall include:  Key Plan  Property lines  Buildings (existing and proposed)  Parking and paving including exterior steps and handicapped ramps, indicate locations of asphalt and concrete pavements, including curbs and sidewalks  Fencing  Storm Water Management  Spot Grades at all entrances and new building corners   367  Grades at drives and parking  Locations of power, water, communications, sewer and/or other necessary utilities 2 OF 6 (Design Phase)   Structural Drawings with key plan shall include:   Key plan   Overall dimensions around the building   Diagrammatic layout of floor and roof framing plans showing major structural components including sizes/weights   Descriptions of all floor deck and concrete systems   Proposed locations of retaining walls or non-standard foundation or framing systems (if any)   Location of columns and bearing walls with dimensions needed to locate them   Bearing height of structural elements   Finish floor elevations   Designers shall include a narrative describing structural systems for all footings, foundations, floors and roof areas including proposed bottom of footing elevations.   Architectural Drawings shall include:   Key plan   Show all columns, exterior walls, interior partitions doors, door swing, windows, stairs, handrail, guard rails, elevators, interior frames and openings, casework counter tops and built in items in plan.   Seating capacities of gymnasiums and auditoriums.   Room names and numbers.   Door numbers   Overall building dimensions around the building   Column line dimensions tied to exterior wall dimensions.   A minimum of two continuous string of dimensions (longitudinally and laterally) through the building that equals the overall dimensions shown including the exterior wall thickness.   Dimensions at stairs and ramps   Building section marks   Building elevation marks   Location of roof drains, gutters and downspouts.  368  3 OF 6 (Design Phase) Parapets, ridge lines, valleys, and hips with arrows to  locations)   and ceiling  indicate the direction of slope. Roof plan (showing preliminary roof/overflow drain   Roof access, hatches, doors etc. Include a preliminary finish schedule of all floor, wall finishes.   Building Elevation Drawings:   Show outline of building walls and roofs   Finish grade line   Windows and doors   Vertical dimensions with finish floor & roof bearing heights.   Roof pitch   Note materials and indicate extents.   Show building section marks.       Building and Wall Section Drawings:   Show the outline of building items that the section plane cuts through, including roofs, exterior walls, foundations, footings, floors, beams, joist, windows and door openings ceilings, bulkheads, insulation and finish grade lines.   Vertical dimensions with finish floor heights and roof bearing heights.   Note direction and percentage and/or pitch of roof slopes.   Note all materials Reflected Ceiling Plan:   Key plan   Show grid, bulkheads, changes in elevations, materials, and ceiling mounted signage, HVAC equipment and lighting locations. 4 OF 6 (Design Phase) Plumbing Drawings:   Key plan with legend   Provide preliminary plumbing fixture schedule and equipment schedules for all plumbing equipment (Makes and model, if available)   Show Plumbing fixture and equipment locations   Locate main water line, include sizing   Locate main sewer and vent lines, include sizing   Locate roof drain lines, include sizing 369   Identify where water, sewer and storm enter and exit the facility. SBA County/Architect   Fire Protection Drawings (when applicable):   Key Plan with legend   Locate main water line, include sizing. Locate main equipment and risers.   HVAC Drawings (Provide life cycle cost analysis, where applicable):   Key plan with legend   Provide preliminary equipment schedules with sizes and quantities from design basis shown. (Manufacturer make and model, if known)   Locate all major HVAC equipment   Single line diagram of ducts and pipes sufficient to show zone locations, including preliminary sizing for all ductwork mains and piping system main lines on plan view.   Location of roof top equipment, fans, HVAC, etc. Ensure all roof top equipment locations allow for proper clearances in relation to parapet walls, exhaust vents & intake louvers.   Electrical Drawings:   Key plan   Power plan with legend showing locations of main and distribution panel boards and outlets, as well as service entrance and transformer locations.   Emergency power system (generators, ATS and misc. systems) 5 OF 6 (Design Phase)   Lighting plan with legend showing the location of lighting, include fixture type, controls, dimming systems, exit lighting and emergency egress lighting. Preliminary fixture schedule showing all fixture types from the design basis. (Manufacturer make and model, if known)   Communications plan with legend showing location of fire alarm pull stations, hardwired computer outlets, phone outlets, CCTV locations and TV monitors. (where applicable) 370   Power, lighting and communication layouts in classroom areas can be shown in a typical classroom layout. All other remaining areas should be shown as designed:   Site Utility service connections and details   Technology documents showing cable tray, outlet locations, main technology closets and outlet details.   Technology documents showing video, clock, sound, paging, security, CCTV and wireless outlets and outlet details. (where applicable)   Construction Cost Estimate by Division of Work:   Architect’s cost estimate. Include all proposed off-site utility extension access roads, soft costs and contingency.   If a deficit exists in the detailed cost estimate, a letter from the grant recipient committing additional local funding needed to solidify the deficit, if the additional funds were not previously committed at the Schematic Design Phase.  NOTE:  AIA Forms – Provide original AIA forms with the project name and architect filled in. The use of paper or electronic forms may be used, but if the project is to be distributed electronically, an electronic version must be provided, and Architect/Engineer must obtain the special license from AIA to distribute them electronically. The School Building Authority and the West Virginia Department of Education reserves the right to request an electronic copy of the Design Development drawings. __________________________________________________ Submitted By ____________________ Date __________________________________________________ ____________________ SBA Approval By Date SBA 176c 302-C Revised 9/2015 6 OF 6 (Design Development Phase) 371 School Building Authority of West Virginia PROJECT SUBMISSION FORM – BIDDING DOCUMENT PHASE SBA FORM 176d 302-D The Bidding Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of drawings and specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the work. SBA County/Architect   Please check this box only if all previous SBA review comments have been addressed.   The construction documents submitted shall reflect the entire proposed scope of work including all alternate construction bid packages. Any additional scope changes or alternate bid packages added after bidding document approval must be agreed upon by the SBA prior to bidding of the project. If additional scope changes are included without SBA approval, this work and all associated fees shall become the fiscal responsibility of the grant recipient.   The construction specifications shall include bidding and procurement information that describes the place and conditions of bidding, including bidding or proposal forms, the Form of Agreement between the Owner and Contractor and the conditions of the contract for construction (General, Supplemental and Special Conditions).   Include in the specifications, an original unaltered copy of the latest version of the SBA Supplemental Instructions to Bidders, General Conditions and all associated applicable SBA Forms referred to in that section.   A comprehensive detailed specification that thoroughly describes all building components and systems per division of work and specific to the project. The quality of materials and systems set forth in the specifications should minimally meet or exceed the standards outlined in the SBA Quality and Procedures Standards.   A detailed sequence of operation which will describe the functionality of all HVAC systems and all related components that work in conjunction with one another as an integrated system including the Direct Digital Controls (DDC) system. In the event 372 that a full building automation system (BAS) is incorporated into the facility, this sequence of operation shall accurately detail the operation of all monitored equipment.   1 OF 8 (Bidding Phase) (Where applicable) Provide the project construction analyst or construction manager an electronic copy of the bidding document. In addition to the Design Development information, the Bidding Documents shall include: Cover Sheet with the following information:   Gross Building Area: by floor, existing (square footage), new (square footage), and total square footage   Gross area per student, design enrollment   List current governing codes and standards as adopted by the state and incorporated into the project design. Life Safety Plan:   Identify all exits; show actual load and capacity. Verify minimum exits per floor   Show egress paths. Verify within code lengths.   Review for dead-end corridors   Stairs – verify handrail locations and lengths.   Confirm wall ratings for storage, utility rooms, trash rooms, corridors and stairwells.   Handicapped access – (i.e., ramps, disabled areas of refuge) Site and Civil Drawings:   Boundary and Topographical survey by licensed surveyor   Grading plan; sediment and erosion control plan and details   Address all WVDEP, US Army Corps of Engineers and other regulatory agency concerns and comments   Utility plans and details; locations of existing utilities to be relocated. Landscaping (when applicable):   Overall plan showing plantings, irrigation and drainage systems, site lighting, signage and features   Details and sections of all site features, special pavements, bollards, etc.   Symbol glossary or legend   Planting and seeding schedules   Planting standard details, modified as required for specific conditions 2 OF 8 (Bidding Phase) 373 ARCHITECTURAL: Plan Sheets:   Key plan cross referenced to the building area shown.   All floor plans with column line grid with all dimensions; show all core areas, floor openings; note all partitions and partition types; show all door and other openings   Label all windows and doors on plan and identify in the corresponding schedules   Building section elevations, wall section and interior elevation marks on plans   Detail references with the detail number/nomenclature   Show all accurately completed schedules.   Show all dimensions both interior and exterior to locate windows, doors and interior wall locations. Roof Plan:   Roof plan showing all dimensions and noting all materials, openings, keyed details and sections   Note the roof slope and minimum insulation thickness at low points   Details and sections noting all roof perimeter, parapet and internal conditions Reflected Ceiling Plan:   Indicate all ceiling and bulkhead heights   Coordinate and show location of mechanical and electrical equipment including ceiling diffusers, lighting fixtures and access panels Elevations, Sections and Exterior Details: (Keyed onto Plans)   Exterior elevations noting all materials, line of proposed footings and foundation walls, keyed sections and vertical dimensions to locate door and window heights, finished floor joist bearing and parapet wall elevations.   Elevations to note all door and window openings, all louvers and other wall systems and locations 3 OF 8 (Bidding Phase)   Building sections, at least two, in both directions   Exterior wall sections showing all elements and materials in design; note all fixed equipment; show vertical and pertinent horizontal dimensions and floor elevations. Indicate room names and numbers where the cut plane passes through the space.   Sections to show clearly special conditions, typical stairs, instructional spaces and corridors, equipment and fixtures, floor construction, levels and thickness, wall and ceiling construction, 374 typical windows, interior and exterior doors, finish material, roof construction, fire barriers and smoke partitions. Building Sections, Interior Elevations:   Show as many building sections as necessary to accurately depict all variations in the building construction. A minimum of one transverse and two longitudinal building section per building shall be included. Select areas that show key floorto-floor relationships. Dimension vertically, show column grid, reference large scale sections and details.   Materials – Note and indicate all finish materials. Show all wallmounted equipment, including switches, receptacles, diffusers and thermostats at critical areas.   Details (larger scale) showing but not limited to typical exterior wall sections, footings, foundations, floors, windows, cornice and roof, all vertical dimensions, each type and size of door with glazing and paneling, frame and trim, each type of window, together with distances to floor and ceiling, stairs, including risers, treads, handrails, newels and landing lines, instructional display board, bulletin board, trim, built-in equipment, counters, cupboards and drawers, and wardrobes, expansion joints, entry mats, casework, wood trim, shelving, display case mounting, locker base (if not standard), handrails, grab bars, catwalks, pass windows.   Identify necessary back-up blocking for wall-mounted equipment, shown in sections.   Detail bulkheads and other changes in ceiling heights.   Rated shafts/chases. Unless of standard manufacture. Windows in Plans, Schedule and Detail Coordination:   Window sizes and types. Window mark, material height, width, head height, additional information and remarks. Indicate whether dimension is “rough opening” or actual size. Indicate swing direction of operable units. Show glass type.   Window detail including head, jamb and sill conditions 4 OF 8 (Bidding Phase)   Consider the following: structural support for large units, 375  blocking for shades, dark shades in classrooms and auditoriums, window operators for high windows, etc. Still, stool, apron, casing, jamb extensions.  Roto operators and window limiters to be shown in window schedules and detail coordination drawings, where applicable. Door Schedule:   Door Schedule: size, type, opening, location, material, frame, glazing, louvers, transoms, panels, undercuts, fire ratings, special features including thresholds, hardware set reference.   Included in door schedule:   Code compliant width of exit doors   Compatibility with hardware types   Code compliant sizes and types of glass   Weather-stripping for sound rated doors   Transoms above doors   Check door numbers and all items in schedules against door numbers on plans.   Louvered and/or undercut doors indicated per mechanical   Proper labeling of fire doors   Coordinate hardware with electric strikes, operators, monitors, hold-opens, etc. Finish Schedule with Legend Describing Finish Abbreviations:   Room number, name, ceiling type, ceiling height, wall finish, floor finish, base, wainscot, wall trim and additional information and remarks. Room numbers shall be final numbering system for this school.   Complete entire schedule in addition to basic finish types   Indicate the following: Clear description of location for split finishes (above and below chair rails, etc.), locations of and reference details for borders and patterns, extent (brackets, grilles, etc.) ceramic tile heights. Finish for exposed existing construction. Additional finish requirements shall be indicated in the specifications.   Check the finish schedule for coordination with room names and numbers indicated on plans, interior elevations, and specifications. 5 OF 8 (Bidding Phase)   Note surfaces where multi-color paints and trims are proposed. Structural:   Structural comments sheet with all code and design basis information; note all design parameters, etc., abbreviations glossary and legends. Additional information shall be provided in the specifications. 376       Dimensioned foundation plan with slab on grade noted; with keyed sections and details.  Dimensioned floor and roof plans showing all members with sizes and weights; note all openings; jointing and edge conditions; keyed details and sections.  Detail and section drawings as required to completely detail all foundation and framing conditions.  Building sections and details.  Completed foundation, column, beam and lintel schedules, as appropriate. Plumbing:   Plumbing plans showing completed systems, including foundation drain lines, storm, acid, and sanitary sewer and vent lines, complete water supply system and location of all plumbing fixtures, including hose cabinets and sewage disposal system. All piping sized including valves, on plan view. Include riser diagrams and details for all systems and complete specifications with acceptable manufactures.   Completed fixture and equipment schedules including makes and models for all systems to adequately show the basis of design.   For areas of concentrated equipment, provide enlarged plans in ¼”=1’scale for both plan and section views.   Indicate the design intent for fire protection system desired and special equipment (i.e., fire pumps, holding tanks) necessary for the project. HVAC:   HVAC plans showing completed systems, the size and type of heating and cooling unit. The plans shall also include all connections; pumps; supply and return lines with sizes, valves and slopes; motors; air-handling equipment; fans, including types, locations, sizes and capacity of all ducts, grilles and ventilator.   Floor plans indicating ductwork, piping and mechanical devices all sized. 6 OF 8 (Bidding Phase)   Testing and balancing requirements   Sound/vibration attenuation measures   Fire dampers, balance dampers, access panels and housekeeping pads sized and located on plan view   Completed equipment schedules including makes, models fan RPM speed, etc., for all systems   For areas of concentrated equipment, provide enlarged plans in ¼”=1’scale for both plan and section views   All piping sized including valves, items on plan view. Include riser diagrams and details for all systems and complete specifications with acceptable manufactures. 377   Complete control schematic diagram with terminations which correlate with the sequence of operation in the specification. Electrical:   Electrical plans using standard symbols to show all connections, inside and outside, location of wall, floor and ceiling outlets or receptacles, location and size of all conduits, capacity of outlets, network drops, location and details of switch panels, circuit breakers and fusing, location and connections for all bells, alarms, clocks, and special outlets, and types and designs of lighting fixtures.   Electrical light fixture schedule with makes and models to adequately show the basis of design.   Lighting control details and risers   One-line diagrams showing all panel sizes, conduit requirements and wire sizes   Panel schedules for all new, renovated and existing panels.   Floor plans showing locations of all panels, outlets, light fixtures, receptacles, switches, fire alarm devices and equipment, emergency power systems.   Mechanical equipment connection schedule, complete technical specifications with acceptable manufacturers   For areas of concentrated equipment, provide enlarged plans in ¼”-1’ scale for both plan and section views 7 OF 8 (Bidding Phase)   Technology documents showing detailed racks systems for T/D, video/TV, clock, sound, paging, security, intercom, cctv and wireless outlets systems. Completed equipment schedules including makes and models for all systems   Riser diagrams for all systems, complete technical specifications with acceptable manufacturers   Incoming service connection details   Completed site utility service connections and details   Power Plan with legend, show locations of main and distribution panel boards and outlets.   Lighting Plan with legend, show location of lighting, controls, exit lighting and emergency egress lighting.   Communications Plan – show location of fire alarm pull stations, hardwired computer outlets, phone outlets, CCTV locations, TV Monitors, electronic building directory, sprinkler system monitor board.   Power, lighting and communication equipment schedules. Misc. Documentation to be Submitted:   Complete specifications augmenting the information shown on the drawing, giving details on construction materials and methods, 378 mechanical equipment and installations and tests. In general, specify all window shades, restroom accessories and lockers and all other permanent equipment forming an integral part of the building.   Final Technology Plan   Final estimate of probable cost, including total project cost. This requirement will not be waived if an SBA Construction Analyst is used.   AIA documents specific to the project shall be part of the bidding document submissions. Draft or sample copies are not acceptable. NOTE: The School Building Authority and the West Virginia Department of Education reserves the right to request an electronic copy of the Design Development drawings. __________________________________________________ Submitted By ____________________ Date __________________________________________________ ____________________ SBA Approval By Date SBA Form 176d 302-D Revised 9/2015 8 OF 8 (Bidding Phase) 379 School Building Authority of West Virginia DAILY CONSTRUCTION OBSERVATION REPORT #____ SBA FORM 113 303 NOTE: The Clerk-of-the-Works shall complete this form each day the Contractor(s) has workers present on the construction site. County: ______________________________________ Dates Report No.: ____________ to ________ Project: ______________________________________ Prepared By Page: __________ of __________ Architect/Engineer Clerk-of-the-Works: __________ Clerk of the Works Day: _________________ Phone #: _____________________________________Job Phone # Date: _______________________ Weather: AM ______ °F PM______ °F Site Conditions: (Good) (Fair) (Poor) _____________ Number of Personnel Present Contractors M T W T F Sat 0, 0, 0, 0, 0, 0, 0, 0, 0, 0, 0, 0, 0, 0, 0, GC name (S, A, O, J) 0 0 0 0 0 0 Plumb Contr. name (F, 0, 0, 0 0, 0, 0 0, 0, 0 0, 0, 0 0, 0, 0 0 J, A) Electrical Contr. name 0, 0, 0 0, 2, 0 0, 2, 0 0, 2, 0 0, 1, 0 0 (F, J, A) Mech. Contr. name (F, 0, 0, 0, 0, 0, 0, 0, 0, 0, 0, 0, 0, 0, 0, 0, 0 L, A, J) 0 0 0 0 0 Misc. Subcontr. name (J) 0 0 0 0 0 0 Misc. Subcontr. name 0, 0, 0 0, 0, 0 0, 0, 0 0, 0, 0 0, 0, 0 0 (F, J, A) Misc. Subcontr. name (J, 0, 0, 0 0, 0, 0 0, 0, 0 0, 0, 0 0, 0, 0 0 A, L) Misc. Subcontr. name 0, 0 0, 0 0, 0 0, 0 0, 0 0 (J,A) Misc. Subcontr. name (J) 0 0 0 0 0 0 Misc. Subcontr. name (J, 0, 0 0, 0 0, 0 0, 0 0, 0 0 A) Cl, Ov, Ov, Fg, Fg, Weather Lo61/ Lo61/ Lo60/ Lo60/ Lo60/ (AM[7:00]/PM[4:30]) Cl, C, Cl, Cl, Cl, Hi83 Hi77 Hi76 Hi80 Hi81 Job Titles: S=Supervisor, J=Journeyman, A=Apprentice, L=Laborer, F=Foreman, O=Operator 380 Weather: Fg=fog, Oc=overcast, Ra=rain, Sn=snow, C=clear, Cl=Cloudy Pc=partly cloudy Lo=low, Hi=high Remarks: Monday, _________ Daily Activity: Issues: Tuesday, ______ ___ Daily Activity: Issues: Wednesday, _________ Daily Activity: Issues: Thursday, ___________ Daily Activity: Issues: Friday, ___________ Daily Activity: Issues: Saturday, ___________ Daily Activity: Issues: Page 2: Division of Work % Complete Division of Work % Complete General Requirements __________ Roofing __________ Site Work __________ Sealers __________ Demolition __________ Finishes __________ Subsurface __________ Floors __________ Clearing/Grading __________ Walls __________ Concrete __________ Ceilings __________ Ftg./Foundations __________ Specialties __________ Slabs/Deck __________ Chalk/Tackboard __________ Walks __________ Fire Extinguishers __________ Masonry __________ Others __________ Foundations __________ Equipment __________ Exterior Walls __________ Furnishings __________ Interior Walls __________ Special Construction __________ Metal __________ Conveying Systems __________ Structural Steel __________ Elevator __________ Steel Joists __________ Mechanical __________ Floor Decking __________ Insulation __________ Roof Decking __________ Plumbing/Piping/Drain __________ Fabricated Metals __________ Sprinkler System __________ 381 Carpentry Moisture Protection Waterproofing __________ Building Insulation Metal Flashing/Trim __________ Others _______________ _______________ _______________ __________ HVAC __________ __________ Electrical __________ __________ Service & Distribution __________ __________ Lighting Communications/FA __________ __________ __________ __________ __________ PERSONNEL AND MAJOR EQUIPMENT PRESENT TODAY: Contractors on Site Classification Number of Major Equipment (Prime=P, Sub=S) Personnel Present Present WORK IN PROGRESS TODAY: (Include report of operations, materials received and condition, work start/stop time, and any unusual conditions. Include photos from today on a separate photo page.) 382 WORK COMPLETED TODAY: DISCREPANCIES NOTED: (Immediately contact A/E. Non-conformance Report #______) SUMMARY OF DISCUSSIONS WITH CONTRACTOR(S): (List which Contractor, summarize discussion.) ANY CAUSE FOR DISPUTE, CHANGE ORDERS, OR DELAYS – REASONS: EXTRA WORK IN PROGRESS – DESCRIPTION: ITEMS FOR OFFICE ACTION: VISITORS PRESENT TODAY: TOTAL PROJECT COMPLETE ADDITIONAL REMARKS: __________% __________________________________________________ Submitted By SBA 113 303 Revised 9/2015 383 ____________________ Date School Building Authority of West Virginia Policy & Procedures Handbook APPENDIX OF SBA FORMS Chapter 4 Forms FORMS TO SUPPLEMENT BIDDING AND CONSTRUCTION PROCEDURES 384 School Building Authority of West Virginia BID CHECKLIST & CERTIFICATION FORM SBA FORM 183 401 INSTRUCTIONS: The Proposer shall complete this form in its entirety verifying that the above listed documentation has been provided and enclosed in the proper envelope. The Proposer will certify the below statement is true and place this form, along with Envelope #1 and Envelope #2 in Envelope #3. Furthermore, tThis completed form shall be submitted with the proposal in accordance with Section 4.3.1 of the SBA Supplemental Instructions to Bidders. Failure to fully complete or submit this form shall result in rejection of the proposal. Contractor Owner or A/E Envelope #1 Initial Initial Valid Bid Bond __________ __________ Valid Contractor License __________ __________ State of WV Purchasing Affidavit (SBA 185) __________ __________ Drug Free Work Place Affidavit (SBA 188) __________ __________ Certification Receipt of Addendum (SBA 184 402) __________ __________ Bid Certification Form List of Proposed Major Subcontractors (SBA 157 403-A) __________ __________ Envelope #2 Bid Form __________ __________ __________________________________ Contractor Name __________________________________ Signature SBA 183 Revised 9/2015 BID CERTIFICATION: I, hereby certify that the bid requirement found in Article 22, Section 522-1 of the West Virginia State Code have or will be met should I be awarded 385 the construction contract for the project referenced below. I further certify that all requirements found in the School Building Authority, Supplemental General Conditions applicable to this project and bound within the bidding documents for this project will be complied with prior to the execution of the construction contract. I understand that if the SBA requirements exceed those of West Virginia Code, the more stringent requirements will apply to this project. Project Name: ________________________________ Date: ____________________ Name of Contractor’s Company: ________________________________________ Signature of Responsible Contractor: ________________________________________ Notary’s Signature: ________________________________________ Notary Seal SBA 157 401 Revised 9/2015 386 School Building Authority of West Virginia CERTIFICATION OF RECEIPT OF ADDENDA SBA FORM 184 402 (Complete this form and enclose in Bid Envelope #1) By submitting this Proposal, the Proposer represents, as more full set forth in the Agreement, that the Proposer has examined copies of all the Contract Documents and hereby acknowledges they have verified that the Proposer is in receipt of the Addenda listed below and that the proposed price reflects the inclusion of these Addenda. The Proposer further acknowledges that should it be determined at the time of the bid opening that the Proposer has failed to acknowledge receipt of ALL of the issued addenda; the Proposer’s Bid submission shall be rejected. Addenda Number Addenda Date _________________________ ________________________ _________________________ ________________________ _________________________ ________________________ _________________________ ________________________ _________________________ ________________________ _________________________ ________________________ _________________________ ________________________ _________________________ ________________________ _________________________ ________________________ _________________________ ________________________ ________________________________ Signature ________________________________ Date ________________________________ 387 Name Title of Signer (Please Print) SBA 184 Revised 9/2015 388 School Building Authority of West Virginia LIST OF PROPOSED MAJOR SUBCONTRACTORS EQUIPMENT/MATERIAL SUPPLIERS SBA FORM 123 403-A (This form must be submitted to the SBA within two hours of the close of bid Complete this form and enclose in Bid Envelope #1) Failure to comply with the two hour submission requirement will result in disqualification of the bid. Phone: (304) 558-2541 Fax: (304) 558-2539 The intent of this form is to establish a the Proposer’s list of proposed major Subcontractors to be performing work on the project site. Additionally, the list shall be used to ensure that all proposed Contractors listed are currently in compliance with the SBA and that those listed are performing work on the project site as indicated on this form. INSTRUCTIONS: The project Architect, as a part of the Bid Package, shall list all appropriate Categories of Work for which he/she believes the Project’s Scope of Work exceeds 15% of the cost of the total bid package. CLEARLY AND LEGIBLY The Proposer shall acknowledge the requirements and certify the information is true in the signature area on the second page of this document. The Proposer shall list below, the Prime Contractor’s complete name and WV Contractor’s license number for this proposal as required by the “West Virginia Contractor Licensing Act” (WV Code Section 21-11). Additionally, The Proposer shall clearly and legibly list each proposed major Sub-Contractor for each corresponding category of work and equipment/material for this proposal and the subcontractor or supplier selected for that category of work, also provide each contractor’s complete name and regardless of whether or not the actual price exceeds or does not exceed the 15% threshold of the total bid package. WV Contractor’s license number for each Subcontractor as required by the “West Virginia Contractor Licensing Act.” If the branch of work is to be completed solely by an equipment/material supplier, indicate by notation below in the contractor license number column. If the branch of work is to be completed by the Proposer as a General (or Prime) Contractor submitting the bid, indicate on each division where this occurs provide the name and contractor license number of the contractor that will be performing the work proposing Contractor. If no subcontractors will be used to complete the project, indicate on the SBA Form 123 in each Category of Work that all work will be 389 self-performed and provide by providing the name and contractor license number of the contractor that will be performing the work proposing Contractor. DO NOT list multiple contractors for the same category of work. If this occurs, it must be corrected within the two hour submission time frame or the bid will be rejected. The Proposing Contractor is responsible for selecting subcontractor(s) and/or equipment / material suppliers / contractors for this project. However, the Owner, Architect/Engineer and/or School Building Authority may indicate their concerns about any entity listed which they have reason to believe past experience indicates poor performance may be expected disqualify a proposed Subcontractor if the Subcontractor is on probationary status. Therefore, the bidder may be requested to change an unsatisfactory subcontractor or equipment/material supplier should the owner, Architect/Engineer or SBA determine an unsatisfactory sub-contractor is listed. The SBA shall be the sole interpreter of this document to ensure that the information provided by the prime contractor meets the intent of the form. Should the SBA determine that the intent of the form has not been met, the forms SHALL BE RENDERED NULL AND VOID AND WILL RESULT IN REJECTION OF THE PROPOSAL. It is the responsibility of any Proposing Contractor soliciting bids or quotes from the Subcontractors to verify the eligibility of all proposed Subcontractors and equipment/material suppliers being proposed to perform the work and to verify in writing the scope of work proposed by a subcontractor or supplier. The Proposing Contractor has full responsibility for satisfactory execution of all work in accordance with the Contract Documents. Any proposed change of Subcontractors or material suppliers must have prior written approval from the SBA and shall be at no additional cost to the Owner as the Contractor has full responsibility for execution of the work. Contractors, subcontractors and equipment/material suppliers that are on SBA Probationary Status with the SBA are prohibited from bidding any school SBA project. List all subcontractors along with their WV contractor license number and each category of work each will perform. Additionally, list the Prime Contractor and their WV contractor license number for each category of work they will perform. I, ___________________________ representing __________________________ (Signature of Responsible Company) (Company Name) on this date _______________ submit the following list of subcontractors and major material suppliers for your review and comment. This is the final and complete list of companies who will be performing work or supplying materials for Bid Package ____________ on ____________________________. 390 (Bid Package No.) (Project Name) I agree that once the subcontractors and material suppliers listed are submitted to the SBA, no other subcontractors or substitute for any subcontractors listed below, will be used in the performance of the contract without written approval of the Owner and SBA. I further agree that if nonapproved subcontractors or suppliers are used my company shall be placed on probation, unless in its reasonable discretion, the SBA determines otherwise. I understand that, as a result of being placed on probation by the SBA, my company shall be prohibited from bidding SBA projects for a minimum of one year. Complete Name Contractor of Prime Contractor Number Prime License ____________________ Category of Work Contractor /Material Number _____________ Complete Name of Subcontractor/Supplier License 1. ____________________ ___________________________ ______________ 2. ____________________ ___________________________ _______________ 3. ____________________ ___________________________ _______________ 4. ____________________ ___________________________ ________________ 5. ____________________ ___________________________ ________________ 6. ____________________ ___________________________ ________________ 7. ____________________ ___________________________ ________________ 8. ____________________ ___________________________ ________________ 9. ____________________ ___________________________ ________________ 10. ___________________ ___________________________ ________________ 11. ___________________ ___________________________ ________________ 391 12. ___________________ ___________________________ ________________ 13. ___________________ ___________________________ ________________ 14. ___________________ ___________________________ ________________ 15. __________________ ___________________________ ________________ 16. __________________ ___________________________ ________________ 17. __________________ ___________________________ ________________ 18. __________________ ___________________________ ________________ 19. __________________ ___________________________ ________________ 20. __________________ ___________________________ ________________ 21. __________________ ___________________________ ________________ 22. __________________ ___________________________ ________________ 23. __________________ ___________________________ ________________ 24. __________________ ___________________________ ________________ 25. __________________ ___________________________ ________________ 26. __________________ ___________________________ ________________ 27. __________________ ___________________________ ________________ 28. __________________ ___________________________ ________________ 29. __________________ ___________________________ ________________ 30. __________________ ___________________________ ________________ (Use additional pages, if required) SBA 123 403-A Revised 9/2015 392 School Building Authority of West Virginia COMPLETE LIST OF SUBCONTRACTORS AND EQUIPMENT/MATERIAL SUPPLIERS SBA FORM 403-B (This form must be completed and submitted to the Owner, Architect and SBA before 4:00 PM Eastern Standard Time on the day after bids are received.) Submit to:Name Email Address Owner: _________________________ _________________________________ Architect: _________________________ _________________________________ SBA: _________________________ _________________________________ The intent of this form is to meet the requirement in West Virginia Code §5-22-1(g) by establishing a complete list of the Proposer’s Subcontractors and Equipment / Materials Suppliers who will be performing work or providing equipment / materials for the project. Additionally, the list shall be used to ensure that all Subcontractors and Equipment / Materials Suppliers listed are currently in compliance with the SBA and the State of West Virginia. Failure to complete this form as intended or failure to submit this form within the required time frame shall result in the rejection of the Proposer’s bid. INSTRUCTIONS: The Proposer shall complete and submit this form to the Owner, Architect, and SBA before 4:00 PM Eastern Standard Time on the day after the bids are received. The Proposer shall acknowledge the requirements and certify the information is true in the signature area on the second page of this document. The Proposer shall list the Prime Contractor’s complete name and WV Contractor’s license number for this proposal as required by the West Virginia Contractor Licensing Act as described in WV Code §21-11. For each category of work that requires a Subcontractor or Equipment / Materials Supplier that exceeds a value of $25,000, the Proposer shall clearly and legibly list each Category of Work and the corresponding Subcontractor and Equipment/Materials Supplier’s name and valid Contractor license number. If no Subcontractors are proposed to be used, indicate on the form by writing “No Subcontractors Proposed.” DO NOT list multiple Subcontractors and Equipment/Materials Suppliers for the same category of work. DO NOT list a different Subcontractor than the Subcontractor listed on SBA Form 403-A that was provided at the time of bid. 393 The Proposing Contractor is responsible for selecting Equipment/Materials Suppliers for this project. However, the Owner, Architect/Engineer and/or School Building Authority may disqualify a proposed Subcontractor or Equipment/Materials Suppliers if the Subcontractor or Equipment/Materials Suppliers is on probationary status. It is the responsibility of any Proposing Contractor soliciting bids or quotes from Subcontractors or Equipment/Materials Suppliers to verify the eligibility of all proposed Subcontractors or Equipment/Materials Suppliers to provide equipment and/or materials on the project site and to verify in writing the scope of their agreement. The Proposing Contractor has full responsibility for satisfactory execution of all work in accordance with the Contract Documents. Any proposed change of Subcontractors or Equipment/Materials Suppliers at any time must be justified by the Contractor, have prior written approval from the SBA, and shall be at no additional cost to the Owner as the Contractor has full responsibility for execution of the work. I, ________________________ ___ representing __________________________ (Signature of Responsible Company) (Company Name) on this date _______________ submit the following list of Subcontractors and Equipment / Materials Suppliers for your review. This is the final and complete list of companies who will be supplying materials for Bid Package ______________ on ______________________________________________. (Bid Package No.) (Project Name) I agree that once the Subcontractors and Equipment / Materials Suppliers listed are submitted to the SBA, no substitute for any material suppliers listed below will be used in the performance of the contract without written approval of the Owner and SBA. I further agree that if non-approved Subcontractors or Equipment / Materials Suppliers are used, my company shall be placed on probation, unless in its reasonable discretion, the SBA determines otherwise. I understand that, as a result of being placed on probation by the SBA, my company shall be prohibited from bidding SBA projects for a minimum of one year. Complete Name of Prime Contractor Number 394 Contractor License ________________________ Category of Work/Material Number _____________ Complete Name Subcontractor/Supplier Contractor License 1. ____________________ ___________________________ ________________ 2. ____________________ ___________________________ ________________ 3. ____________________ ___________________________ ________________ 4. ____________________ ___________________________ ________________ 5. ____________________ ___________________________ ________________ 6. ____________________ ___________________________ ________________ 7. ____________________ ___________________________ ________________ 8. ____________________ ___________________________ ________________ 9. ____________________ ___________________________ ________________ 10. ___________________ ___________________________ ________________ 11. ___________________ ___________________________ ________________ 12. ___________________ ___________________________ ________________ 13. ___________________ ___________________________ ________________ 14. ___________________ ___________________________ ________________ 15. __________________ ___________________________ ________________ 16. __________________ ___________________________ ________________ 17. __________________ ___________________________ ________________ 18. __________________ ___________________________ ________________ 19. __________________ ___________________________ ________________ 20. __________________ ___________________________ ________________ 395 21. __________________ ___________________________ ________________ 22. __________________ ___________________________ ________________ 23. __________________ ___________________________ ________________ 24. __________________ ___________________________ ________________ 25. __________________ ___________________________ ________________ 26. __________________ ___________________________ ________________ 27. __________________ ___________________________ ________________ 28. __________________ ___________________________ ________________ 29. __________________ ___________________________ ________________ 30. __________________ ___________________________ ________________ 31. __________________ ___________________________ ________________ 32. __________________ ___________________________ ________________ 33. __________________ ___________________________ ________________ 34. __________________ ___________________________ ________________ 35. __________________ ___________________________ ________________ (Use additional pages, if necessary) SBA 403-B 396 School Building Authority of West Virginia CERTIFICATION OF RECEIPT OF WORKER VERIFICATION COMPLIANCE (County Board of Education/Other Grant Recipient) SBA FORM 180 404-A County/Grant Recipient _____________________ Date __________________________ Project/School Name _______________________ Location _______________________ The undersigned, for and on behalf of the above referenced county/grant recipient, or Board of Education, does hereby certify that it has in its possession and filed certification from the Prime Contractor in the above project on SBA Form No. 181 404 B with regard to the requirements of West Virginia Code §21-1B-4 regarding the verification of the legal employment status of all workers that will be employed for this project. The county/grant recipient further certifies that it has received and has filed Prime Contractor certifications that none of the employees on this project have been required to register as a sex offender under these provisions. Further, that each employee of the Prime Contractor, Subcontractor that may have access to students or the school grounds has been required to produce one valid picture I.D. to substantiate their name and current address. _________________________________ (Superintendent Signature) ___________________________________ For the Board of Education of the 397 County of ________________________, West Virginia SBA Form 180 404-A Revised 9/2015 (Submit this form to the SBA) 398 School Building Authority of West Virginia PRIME CONTRACTOR’S CERTIFICATION OF WORKER COMPLIANCE WITH WV CODE & SBA POLICY SBA FORM 181 404-B COUNTY ______________________________ DATE _________________________ PROJECT/SCHOOL NAME The undersigned, Prime Contractor for the above referenced project, does hereby certify that it has fully complied with the requirements of West Virginia Code §21- 1B with regard to verifying the legal status and authorization to work of all its employees that will be present on the construction site. Additionally, the undersigned for the above referenced project, does hereby certify that it has verified the criminal records of all its employees who will work on this project and that none of such employees have been required to register as a sex offender under West Virginia Code §15-12-2. The undersigned has required each employee to produce one valid picture I.D. to substantiate their name and address. The undersigned further certifies that it will require each of its sub-contractors to execute a certificate (SBA Form 182 404 C) containing all of the above matters prior to such subcontractor beginning work on the above referenced project and that it will retain each of these certificates on file and make them available for inspection by the proper authority. __________________________________ PRIME CONTRACTOR SIGNATURE REPRESENTING ____________________________________ COMPANY NAME STATE OF WEST VIRGINIA, COUNTY OF _________ TO-WIT: 399 I, the undersigned Notary Public, within and for the County and State as aforesaid, do hereby certify that______________________________ for the above listed project, has (CONTRACTOR NAME) this day personally acknowledged the same before me in my said County and State. Taken, subscribed and sworn to before me on this the ________________day of _________________________________. My commission expires: ____________. ___________________________________ NOTARY PUBLIC SBA 181 404-B Revised 9/2015 (Submit this form to the Owner) 400 School Building Authority of West Virginia SUB-CONTRACTOR’S CERTIFICATION OF WORKER COMPLIANCE WITH WV CODE & SBA POLICY SBA FORM 182 404-C County ____________________________________ Date __________________________ Project/School Name ______________________________________________ The undersigned, Sub-Contractor for the above referenced project, does hereby certify to the Prime Contractor that it has fully complied with the requirements of West Virginia Code §21-1B with regard to verifying the legal status and authorization to work of all its employees that will be present on this construction site. Additionally, the undersigned, for the above referenced project, does hereby certify that it has verified the criminal records of all its employees who will work on this project and that none of such employees have been required to register as a sex offender under West Virginia Code §15-12-2. The undersigned has required each employee to produce at least one valid picture I.D. to substantiate their name and address __________________________________ PRIME CONTRACTOR SIGNATURE REPRESENTING ____________________________________ COMPANY NAME STATE OF WEST VIRGINIA, COUNTY OF _____________ TO-WIT: I, the undersigned Notary Public, within and for the County and State as aforesaid, do hereby certify that _______________________________, SubContractor in the above listed Subcontractor Name project, has this day personally acknowledged the same before me in my said County and State. 401 Taken, subscribed and sworn to before me on this the ____________________________ Day of ________________________________. My commission expires: ____________. ____________________________________ NOTARY PUBLIC SBA 182 404-C Revised 9/2015 402 (Submit this form to the prime contractor) School Building Authority of West Virginia JOB SIGNS AND BUILDING PLAQUE SBA FORM 405 New School Construction Project Signage Renovation / MIP / Three Percent Project Signage 403 New School or Major Renovation Building Plaque NOTE: Before the creation of any sign or plaque, approval of the layout and names to be included must be received by the SBA Staff. 404 School Building Authority of West Virginia NOTICE OF DEFECTIVE OR NON-CONFORMING WORK SBA FORM 406-A Project Name: ______________________________________ County: _________________________ Contractor: _________________________________________ Date: ___________________________ Gentlemen: You are hereby notified that the following work has been found to be defective or not in accordance with the Contract Documents: See Attached EXHIBIT Date: ____________________________ This Notice of Defective or Non-Conforming work is a demand of the Contract Administrator that the above identified rejected work shall be brought into conformity with the Contract Documents by no later than the time fixed herein below. Failure on the part of the Contractor to comply with this demand within the time allowed with constitute a breach of contract and will, in addition, constitute neglect and failure to perform pursuant to which neglect and failure, the Owner will, after _____ (__) days written notice to the Contractor, be entitled under the terms of the General Conditions to make good the above mentioned deficiencies with deduction of the cost thereof from any payment due to become due to the Contractor. The General Conditions provides that the Contractor shall promptly correct all work rejected and that the Contractor shall bear all costs of correcting such rejected work. It is the opinion of the Contract Administrator that taking all circumstances into consideration, the Contractor must have completed the aforesaid no later than the close of the business day on __________________. The designation of the space of time allowed is not an extension of time, does not alter the pace of the construction progress schedule, and does not extend the time for making good deficiencies on any earlier notices of defective or non-conforming work. It is the time within which the deficiencies must have been made good or the omissions supplied under pain of giving rise to a right of the Owner to have the work performed directly and promptly at the expense of the Contractor. Sincerely, 405 Name: __________________________ Position: __________________________ Company: __________________________ CC: 406 Owner Representative: __________________________ SBA Representative: __________________________ Clerk-of-the-Works: __________________________ School Building Authority of West Virginia RESOLUTION OF DEFECTIVE OR NON-CONFORMING WORK SBA FORM 406-B Project Name: ______________________________________ County: _________________________ Contractor: _________________________________________ Date: ___________________________ Gentlemen: This is to inform you that the above referenced Notice is hereby dissolved. Your letter of _____________________notified us that work rejected by Notice of Defective or Non-Conforming Work Number ___________as described in Exhibit '__' dated _______________and enclosed herewith, has been corrected. Pursuant to our inspection of the work made ____________________, we herewith dissolve the Notice of Defective of Non-Conforming Work dated ______________________. Sincerely, Name: __________________________ Position: __________________________ Company: __________________________ CC: 407 Owner Representative: __________________________ SBA Representative: __________________________ Clerk-of-the-Works: __________________________ School Building Authority of West Virginia Policy & Procedures Handbook APPENDIX OF SBA FORMS Chapter 5 Forms FORMS TO SUPPLEMENT PROJECT CLOSEOUT AND COMPLETION PROCEDURES 408 School Building Authority of West Virginia PROJECT CLOSEOUT PROCEDURES CHECKLIST SBA FORM 178 500 Below is a list of required documentation that shall be turned over to the owner upon final completion and prior to the release of final payment. Each Prime Contractor, the Architect and the Owner shall sign and date this form and forward it to the SBA office prior to the release of the final payment. The Project Team (Contractor = C, Architect = A, Owner = O) shall provide at Project Close-out the following documentation, but not limited to: by marking the corresponding box. C A O    Contractor’s Affidavit of Payment of Debts and Claims (AIA G706)    Contractor’s Affidavit of Release of Liens (AIA G706A)    Consent of Surety Company to Final Payment (AIA G707)    Confirmation of Receiving Operation and Maintenance Manuals, Active Warranty Binder(s) and As-Built Drawings & Specifications    Certificate of Insurance (Acord Form and AIA G715) Covering required/specified products and completed operation    Certificate of Release from the Department of Tax and Revenue stating all appropriate taxes have been paid    Verification from the Owner (County Superintendent) that all Owner training required by the contract documents has been conducted (SBA 159)    Verification of Owner HVAC Training in coordination with WVDE Office of School Facilities (SBA 500-A)    Fire Marshall’s Certificate of Occupancy    Final Punch-List completed and signed by all parties (C, A, O)    SBA Certificate of Project Completion – For lump sum projects use “WVDE BP-13-A” and for multiple prime contract projects use “SBA 139.” Both of these forms are found in the SBA Guidelines and Procedures Handbook (Appendix J). These forms should be filled out and signed by the local board of education then forwarded to the contractor and the architect and engineer for signing (SBA 500-A) Contractor Evaluation Form (SBA 124) Architect/Engineer Evaluation form (SBA 138) SBA Certificate of Occupancy (SBA 146) Affidavit of Debt Paid (SBA 177)    Notification of 11th month walkthrough date    Electronic & Hard copy of diagrammatic floor plan of new or renovated schools. Provide the following items: ____ One-line drawing of floor plans including only diagrammatic walls, exiting, doors and windows, existing school ____ One-line drawing with all school access safety data (submit electronic file to Office of Homeland Security) ____ One-line drawing including only walls, doors, windows, room number/names and color-coded HVAC zones with multi-zone equipment located in the HVAC zone    Provide a Final TAB or Commissioning report Provide Final Commissioning Report when applicable Prepare Quality Training Videos Contractor: ___________________________________________________ Date: _________________ Architect: ____________________________________________________ Date: _________________ Owner: ______________________________________________________ Date: _________________ Revised 9/2015 409 School Building Authority of West Virginia VERIFICATION OF HVAC TRAINING (Required closeout document to be submitted by the County Board of Education) SBA FORM 159 500-A Per the Contract Documents, the Contractor shall coordinate with the Owner a Complete HVAC System training session that includes devices “downstream” and other connected equipment. Project Name:___________________________________________________________ Architect/Engineer: ______________________________________________________ Responsible Contractor(s): ________________________________________________ Date(s) of Training: ______________________________________________________ HVAC training was provided by the responsible contractor for the above referenced project. This training was performed in accordance with the contract documents. All owner’s manuals and operating instructions for the HVAC system(s) were provided to the owner for future use. The following individuals were present for the training: NAME . REPRESENTING NAME REPRESENTING ___________________________________________ __________________________________________ ___________________________________________ __________________________________________ ___________________________________________ __________________________________________ ___________________________________________ __________________________________________ ___________________________________________ __________________________________________ The following have verified that the required HVAC training has been satisfactorily completed: __________________________________________ (Responsible Prime Contractor’s signature) _______________________ (Date) __________________________________________ _______________________ (Responsible Mechanical Subcontractor’s signature) (Date) __________________________________________ 410 _______________________ (Project Architect / Engineer’s signature) (Date) __________________________________________ (County Superintendent’s signature) _______________________ (Date) __________________________________________ (WVDE HVAC Technician’s signature) _______________________ (Date) SBA 159 500 B Revised 9/2015 411 West Virginia Department Of Education & School Building Authority Of West Virginia APPLICATION FOR PROJECT APPROVAL SQUARE FOOT COST ANALYSIS REPORT WVDE – P-1 SBA Form 500-B NOTE: THIS FORM MAY BE SUBSTITUTED FOR A SIMILAR SBAAPPROVED DIGITAL INSTRUMENT West Virginia Department of Education School Building Authority of WV 1900 Kanawha Blvd., E., Bldg. #6, Room B215 2300 Kanawha Blvd., East Charleston, WV 25305 Charleston, WV 25311 County ______________________ Estimated Project Starting Date ___________________ School Name ______________________ Sq. Ft. Affected by this Project ____________________ Location ______________________ Grades Housed _____ Enrollment ___________ Project Description: Site Acres _______ Useable Acres _______ Gross Building Area New Construction _______ Energy Efficiency Usage Index (BTU/Sq.Ft/Yr) ________Sq.Ft. Affected by this Project ____________ Water Source _______________________ Sewage Disposal Type ____________________ Line Item Preliminary Estimate General Requirements (A/E, Legal, etc.) Site Acquisition Site Work (Geotech, Grading, Paving, etc.) Concrete (Ftg/Foundations, Slabs, etc.) Masonry Metals (Str. Stl., Jt., Deck) Carpentry Thermal & Moisture Protection Doors and Windows Finishes (Floors, Walls, Ceilings, Painting) Specialties (Chalkbd., Tbd., Locker, Toil Acc.) Equipment (Food Service, etc.) Furnishings (Seating, Casework, etc.) 412 Final Cost Final Unit Cost (Per Sq. Ft.) Special Construction Conveying Systems (Elevators, etc.) Mechanical (HVAC, Plumbing, etc.) Electrical Others (Describe) Grand Total Funding County Source SBA Needs MIP Federal Source GRAND TOTAL ______________________________________ _______________________________________ Signature of Architect or Engineer Superintendent WVDE P-1 SBA 500-B 413 Signature of County School Building Authority of West Virginia CONTRACTOR’S QUALIFICATION STATEMENT SBA FORM 105 The undersigned certified under oath that the information provided herein is true and sufficiently complete so as not to be misleading. This document must be submitted by the apparent low bidder(s) within three (3) days after the bid opening and will be used in the bid evaluation process. SUBMITTED TO: School Building Authority of West Virginia 2300 Kanawha Boulevard, East Charleston, WV 25311 SUBMITTED BY: Firm Name: _______________________________________ Address: _______________________________________ _______________________________________ Phone: _______________________________________ Fax: _______________________________________ Email: _______________________________________ Principal Office Location: ___________________________ Valid WV Contractor License Number ___________________ QUALIFICATION STATEMENT SUBMITTED FOR (INSERT PROJECT NAME): ___________________________________________________ ___________________________________________________ ___________________________________________________ TYPE OF WORK: Site Preparation Roofing HVAC Electrical _____ _____ _____ _____ General Construction Plumbing Sprinkler Other _____ _____ _____ _____ (File separate form for each classification of work) ORGANIZATION: Please provide the following information concerning your organization: TYPE OF ENTITY: Corporation _____ Partnership _____ Revised 9/2015 414 Individual Other _____ _____ NAME OF PRINCIPAL, OWNERS OR PARTNERS: Name Position Years of Service with Organization ___________________ ___________________ ___________________ ___________________ ______________________ ______________________ ______________________ ______________________ _______________ _______________ _______________ _______________ Number of years this organization has been in business? _______________ Have members of this organization operated under former No ___ names/businesses? If “yes,” list name, type of entity and names of principal, owners or partners. Yes ___ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ Provide a brief description of the general type of construction the firm performs. _____________________________________________________________________ _____________________________________________________________________ Please indicate the work you intend to subcontract or perform for this project. Perform Subcontract Earthwork Concrete Masonry Structural Roofing Sprinkler _____ _____ _____ _____ _____ _____ Subcontract _________ _________ _________ _________ _________ _________ Plumbing HVAC Electrical Other_____ Other_____ _________ Perform _____ _____ _____ _____ _____ _____ _________ _________ _________ _________ _________ _________ Please provide information regarding your company’s participation in a drug program that meets the objectives, applicable laws and regulations for a drug free workplace including the use of tobacco and alcohol on school properties. 415 _____________________________________________________________________ _____________________________________________________________________ Revised 9/2015 Please provide information regarding the experience and skill of the bidder’s work force and that of the bidder’s designated subcontractors. Attach additional information, if required. (Marked as Attachment __.) ________________________________ ________________________________ ________________________________ ________________________________ _________________________________ _________________________________ _________________________________ _________________________________ EXPERIENCE: If you have completed school construction work or similar construction, or completed work on SBA projects, provide a list of projects with individual references that can verify the quality of your work, your ability to construct within budget and your ability to work within the proposed schedule. Attach additional information, if required. (Marked as Attachment __.) Project _______________________________ _______________________________ _______________________________ Reference __________________________________ __________________________________ __________________________________ Please list (marked as Attachment __) all major construction projects (schools or other projects) your organization has in progress providing the name of project, owner, architect, contract amount, bonding company, insurance carrier, percentage complete and scheduled completion date. Please list (marked as Attachment __) major projects (schools or other projects) your organization has completed in the past five years, giving the name of project, owner, architect, contract amount, bonding company, date of completion and percentage of the cost of the work performed with your own forces. Note whether or not each project was completed on schedule. APPRENTICESHIP PROGRAM: Please provide information regarding your company’s and subcontractor’s participation in a bonafide apprenticeship program that is approved by the U.S. Department of Labor, U.S. Bureau of Apprenticeship Training and is administered in compliance with the rules and regulations of the WV Department of Labor. [See DOL 42-7-3.1(i)] (Marked as Attachment __) 416 417 REGULATORY COMPLIANCE: At any time during the past five years, has your firm, or any of its owners or officers been found in violation or in default in any of the following categories: (Attach detailed explanation for all Yes answers.) Worker’s Compensation Laws Yes _____ Unemployment Compensation Laws Federal and State Prevailing Wage Laws Yes Fair Labor Standards Act Yes Compliance with fringe benefit contributions Yes (i.e., health insurance and pension benefits) Immigration Reform and Control Act (IRCA) Yes No _____ Yes _____ No _____ _____ No _____ _____ No _____ _____ No _____ _____ No _____ INSURANCE AND BONDS: Please list name of current insurance carrier and number of projects insured by carrier: Insurance Carrier Number of Projects _______________________________ _________________________________ (Marked as Attachment __, if required) Please list name of bonding company(s)/agent(s) utilized for projects constructed during the last five years: Bonding Company _______________________________ _______________________________ _______________________________ Bonding Company/Agent _________________________________ _________________________________ _________________________________ CLAIMS AND SUITS: (Attach detailed explanation for all Yes answers) Has your organization ever failed to complete any ____ Construction work it has been awarded? Yes ____ Within the last five years, has any officer or principal Yes ____ of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? (If the answer is yes, please describe in full) 418 No No ____ Revised 9/2015 Has there been in the last ten (10) years, or is there ____ now pending or threatened, any litigation, arbitration, investigation, or governmental or regulatory proceeding involving claims in excess of $100,000 or requesting a declaratory judgment or injunctive relief with respect to the construction or operation of any building which your firm, its principals, predecessors or affiliates constructed? Yes ____ No Is there any potential claim, demand, litigation Yes ____ arbitration, investigation, governmental proceeding or regulatory proceeding involving your firm, or its principals, predecessors or affiliates? If the answer to either of the preceding questions is “yes,” please describe in full in an attachment. No ____ In addition to the litigation, arbitration, investigation Yes ____ or governmental or regulatory proceeding referred to in the preceding paragraphs, is there any litigation, arbitration, investigation or governmental or regulatory proceeding now pending or threatened to which your firm is or may be a party, or are you aware of any potential claim or demand, which might otherwise affect the capacity of your firm to perform with respect to your involvement with the School Building Authority of West Virginia, whether or not it concerns other work which you have undertaken? If so, please describe in full. No ____ Is your company currently in default on any departments ____ to the state or political subdivisions that in aggregate exceeds $1,000? See WV Code 5A-3-10a. Yes ____ At any time during the past five (5) years has Yes ____ your firm, or any of its owners or officers, been debarred or otherwise deemed ineligible to bid on or be awarded a public works contract or perform work as a subcontractor on a public works contract, under the laws of the federal government, state, county or municipal authority? 419 No No ____ At any time during the last five (5) years has your ____ firm, or any of its owners or officers, been convicted of a crime relating to the awarding of a contract for a public works construction project, or the bidding or performance of a public works project? Yes ____ No Is there any person owing ten (10) percent or Yes ____ No ____ more of this company, or officer of the company, that is currently, or at the time of the bid, on the Worker’s Compensation Employer Violator System? If yes, provide name of individual. ______________________________ ______________________________ BANKRUPTCY: Has your firm, its principals, predecessors, or Yes ____ affiliates been the subject of any proceeding under the federal bankruptcy laws or any other proceeding under state or federal law in which a court or government agency has assumed jurisdiction over any of the assets or business of your firm, its principals, predecessors or affiliates? If so, please identify the proceedings, the court or governmental body and the date such jurisdiction was assumed in an attachment. No ____ FINANCIAL CONDITION: *Financial Statements are required for every contractor and subcontractor working on an SBA funded project. This confidential statement is kept on file in the SBA office and is valid for one calendar year. Once expired, a new statement will be required as a condition of future bid awards. The Contractor Qualification Statement is considered incomplete unless this financial information is provided. Please attach your organization’s last two (2) years financial statements including your latest balance sheet and income statement showing the following: Current Assets (e.g., cash, joint venture accounts, accounts receivable, accrued income, deposits, materials inventory and prepaid expenses); Net Fixed Assets; Other Assets; 420 Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries and accrued payroll taxes); Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus and retained earnings). Name and address of firms attached financial statement and date thereof. Revised 9/2015 CHANGE ORDER HISTORY: Describe each instance within the last five (5) years where change orders applied for during construction amounted in the aggregate to more than five percent (5%) of the (Revised 6/09) contract price for any building which your firm constructed, or in which actual construction costs exceeded the contract price by more than five percent (5%). (Exclude owner requested change orders). (Marked as Attachment __, if required) Project ____________________________ ____________________________ ____________________________ Change Order/Construction Cost Overrun Amounts _________________________________ _________________________________ _________________________________ REFERENCES: Please list below trade references: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Please list below bank references: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Please list below completed project owner references: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Revised 9/2015 421 SIGNATURE AND NOTARY: Dates at __________ this _____ day of ___________________, 20__. Name of Organization: _____________________________________________ _____________________________________________ _____________________________________________ By: _____________________________________________ Title: _____________________________________________ State of __________, County of ___________________________________________ Subscribed and sworn before me this _____ day of __________, 20__. Notary Public: _____________________________________________ My Commission Expires: _____________________________________________ Notary Seal SBA 105 Revised 9/2015 422 School Building Authority of West Virginia CONTRACTOR EVALUATION FORM SBA FORM 124 (Submit for Each Prime Contractor) PROJECT: ______________________________________________________ DATE: ______________ CONTRACTOR: ________________________________ PERFORMING: ________________________ ITE M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 423 EVALUATION CRITERIA Contractor communications with the A/E in accordance with the contract documents Quality and timeliness of the submittals acceptable Contractor timely submission, follow, and update a construction schedule in accordance with the contract requirements Material deliveries in accordance with the contractor’s schedule Contractor compliance with the master project schedule Contractor adequate staffing of the project Contractor representation at pay/progress meetings by a person with decision-making authority Contractor submission of certified payrolls as required by the construction documents Materials and workmanship in compliance with the contract documents Contractors coordination and cooperation with regards to disruption of facility operations with the user (where applicable) Delays to the project caused by the contractor Contractors willingness to actively resolve problems Contractor ability to coordinate and cooperate with other contractors and suppliers Supervision of the work in accordance with the contract documents Contractor provision of timely and complete closeout documentation EVALUATIO N SCORE WERE THE FOLLOWING ITEMS SUBMITTED AND/OR COMPLETED BY THE DATE INDICATED ON THE SUBSTANTIAL COMPLETION FORM? 16 17 18 19 20 Accurate and complete record documents (as-builts) Punch list items Certificate of operating and training instruction Complete O&M Manuals Testing & balancing reports EVALUATION SCORING: Rate the contractors performance based on the following scale: 5 = Excellent; 4 = Good; 3 = Satisfactory; 2 = Less than Satisfactory; 1 = Unacceptable; N/A = Not Applicable Comments are required if any score is less than 3 EVALUATOR: _______________________________________________ DATE: ________________ SBA REPRESENTATIVE: ______________________________________ DATE: ________________ Each prime contractor performing services on SBA projects shall be subject to performance evaluations. The SBA may also request subcontractor evaluations if there are patterns of poor performance. This, along with the SBA contractor qualification statement, will be used to determine the contractors continued participation in SBA funded projects. All evaluations shall be submitted on the SBA Contractor Evaluation Form (SBA 124 – revised). Contractor performance evaluations are a key component in determining contractor performance and suitability for future contract awards. Contractor performance evaluations will be used in the review of a contractor’s responsibility status in accordance with SBA Policy. The SBA will provide the contractor with a copy of all processed forms upon request. The contractor may respond in writing to the SBA regarding any evaluation. Responses will be reviewed and placed in the Contractor’s Qualification File at the SBA office. E-MAIL THIS FORM This form may be submitted electronically. Attach a completed form to an e-mail addressed to the specific SBA Project Manager for the 424 affected project. All SBA e-mail addresses are available on our website: www.wvs.state.wv.us/wvsba. COMMENTS: (Required for any score less than 3) REFEREN CE ITEM COMMENT Continue if required SBA 124 Revised 9/2015 425 School Building Authority of West Virginia ARCHITECT/ENGINEER EVALUATION FORM (Submit For Each Architect/Engineer at the Conclusion of the Project) SBA FORM 138 PROJECT: ___________________________________________________ DATE: ______________ ARCHITECT/ENGINEER: ___________________________________________________________ ITE M 1 2 3 4 5 6 7 8 9 10 11 12 13 426 EVALUATION CRITERIA Ability to work cooperatively and successfully with the educational facilities planning committee Cooperation with the project review team (owner, SBA, CM, CA, etc.) Ability to produce the building design and construction documents within the established time schedule Quality of adequate on-site project observations during the construction phase of the project Attention to timely responses on project submission documents and construction questions presented by the contractor during construction Ability to minimize construction change orders required due to a lack of design coordination or incomplete construction documents Ability to work cooperatively with the SBA planning and design review process Ability to manage the construction contracts and work cooperatively with all contractors Ability to provide clear and concise construction documents Ability to produce school design within the established budget Number of project change orders_______ that increased the cost of the project $_________ Of these change orders, how many were required due to design coordination or incomplete construction documents by the architect or engineer ______ Did the final design meet the educational goals Yes________ No________ Would you consider using this architect/engineer in the future Yes______ No______ EVALUATIO N SCORE 14 Overall evaluation of the architect/engineer’s performance on this project EVALUATION SCORING: Rate the contractors performance based on the following scale: 5 = Excellent; 4 = Good; 3 = Satisfactory; 2 = Less than Satisfactory; 1 = Unacceptable; N/A = Not Applicable Comments are required if any score is less than 3 EVALUATOR: ______________________________________________ DATE: ________________ SBA REPRESENTATIVE: _____________________________________ DATE: ________________ Each architect/engineer performing services on SBA projects shall be subject to performance evaluations. Confidential information provided will be compiled by the SBA and will be used in conjunction with an SBA Architect/Engineer performance instrument to formulate a composite evaluation of the overall performance of architectural and engineering firm’s ability to perform future architectural or engineering services on SBA funded services. This document must be submitted to the SBA office at the completion of each construction period. E-MAIL THIS FORM This form may be submitted electronically. Attach a completed form to an e-mail addressed to the specific SBA Project Manager for the affected project. All SBA e-mail addresses are available on our website: www.sba.wv.gov. COMMENTS: (Required for any score less than 3) - continued REFEREN CE ITEM 427 COMMENT 428 School Building Authority of West Virginia CERTIFICATE OF CONTRACT COMPLETION FOR MULTIPLE PRIME PROJECT SBA FORM 139 Upon completion of each prime contractor’s contract the agency receiving SBA funding shall be respo nsible for submitting this completed original form to the SBA, with each prime contractor’s final request for payment. To the best of our knowledge, all required project close-our procedures have been followed and all project close-our documents have been submitted to initiate the release of final payment to this contractor. ARCHITECTURAL FIRM NAME: ___________________________________ PROJECT ARCHITECT: ____________________________ DATE: __________ PROJECT CONSTRUCTION COST: LOCAL: __________________________________ SBA: __________________________________ OTHER: __________________________________ PROJECT CONSTRUCTION COST TOTAL: PRIME CONTRACT COST TOTAL: _____________________________ _____________________________ PRIME CONTRACTOR NAME: _________________________________________ PRESIDENT/CEO: _________________________________________ SUBSTANTIAL COMPLETION DATE: FINAL COMPLETION DATE: COUNTY/AGENCY: ___________________________________ ___________________________________ _______________________________________________ COUNTY/AGENCY PROJECT ADMINISTRATOR: _____ PROJECT SCHOOL NAME: __________ DATE: _________________________________________ Inspected this date by a representative of the School Building Authority. SBA funded projects must have a final inspection by a SBA representative. 429 ____________________________________ Signature SBA 139 Revised 9/2015 430 _____________________________ Date School Building Authority of West Virginia MAINTENANCE & CUSTODIAL CARE SITE VISIT REPORT SBA FORM 143 School: _________________________________ County: ______________ SBA Representative: ______________________WVDE Evaluation Date: ______ Inspection Reviewed with: ____________ Title: ______________ Date: ______ A. Problems cited by the West Virginia Department of Education (WVDE): 1.____________________________________________________________ ____________________________________________________________ 2.____________________________________________________________ ____________________________________________________________ 3.____________________________________________________________ ____________________________________________________________ B. Corrections made since the WVDE Site Visit: 1.____________________________________________________________ ____________________________________________________________ 2.____________________________________________________________ ____________________________________________________________ 3.____________________________________________________________ ____________________________________________________________ C. Problems cited during the SBA visit: 1.____________________________________________________________ ____________________________________________________________ 2.____________________________________________________________ ____________________________________________________________ D. Conclusions of the SBA Evaluation Visit 1. The County has sufficiently addressed the problems and no additional improvements are required to assure good maintenance and custodial care of the facility. 2. The Plan of Improvement shown on this form has been jointly developed by the SBA representative and the County Superintendent or his/her designee to correct the deficiencies indicated at this facility. Signature of this form indicates that: (1) The LEA is in agreement that the needed improvements have been made and no further action is necessary or, (2) The county is committed to implementing the jointly developed improvement plan to adequately provide the maintenance and custodial care of this school funded or partially funded with state funds from 431 the School Building Authority (SBA) and (3) The LEA understands that improvements must occur within one year of the SBA site visit date above. Failure to comply will result in a recommendation to the State Board of Education and the West Virginia State Legislature to protect the investment of the State of West Virginia by withholding funds from the county’s state aid formula to be used by the SBA to contract for such improvements. SBA Representative (Date) (Date) Superintendent of Schools _______________________________________________ Board of Education President (Date) 432 SCHOOL FACILITY IMPROVEMENT PLAN E. Plan of Improvement Action to be Problem 1. _______________________________ _______________________________ _______________________________ _______________________________ 2. _______________________________ _______________________________ _______________________________ _______________________________ 3. _______________________________ _______________________________ _______________________________ Implemented ____________________ _ ____________________ _ ____________________ _ ____________________ _ ____________________ _ ____________________ _ ____________________ _ ____________________ _ ____________________ _ ____________________ _ ____________________ ____________________ __ _______________________________ 4.______________________________ _ _______________________________ _______________________________ _______________________________ 5. _______________________________ _______________________________ 433 ____________________ ____________________ ____________________ ____________________ ____ ____________________ ____________________ ____________________ ____________________ ____ ____________________ ____________________ SBA F/U _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _______________________________ ____________________ ___ _______________________________ 6. _______________________________ _______________________________ _______________________________ The SBA Representative has reviewed: 1. The previous year’s county maintenance records for this facility. 2. The previous year’s Requests for Maintenance made by the School Administration. 3. Any additions, modifications or repairs made to the facility. 4. Custodial or Related Staff Performance Policies. 5. The appropriateness of custodial and maintenance staff for this facility. Custodial-FT__ PT____ FTE___ Maintenance-FT__ PT_____ FTE______ Notes: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ SBA143 Revised 9/2015 434 School Building Authority of West Virginia OCCUPANCY REPORT SBA FORM 146 PROJECT NAME: ____________________________________________ Dear____________________: On __________(date), a SBA representative conducted an on-site review of the above referenced project for the purpose of determining the suitability of the facility for occupancy by students and staff. Based on our observations, the SBA hereby releases the building for occupancy effective __________. This SBA release to occupy the facility does not relieve the building owner, members of the design and construction team or any contractors from their responsibilities within the contract documents or SBA grant contract requirements regarding final completion of all work. Prior to occupying the facility, an Occupancy Permit must also be attained from the State Fire Marshal’s Office. Sincerely, ___________________________ SBA Representative SBA 146 435 School Building Authority of West Virginia HIGH SCHOOL ATTENDANCE AREA FACILITIES SUMMARY _________ HIGH SCHOOL ATTENDANCE AREA PROPOSED BUILDING USE AND CAPITAL IMPROVEMENTS BUILDING USE SCHOOLS F C C N u o l e n n o w SBA FORM 148 Conso lidate d N e w S i t B u i B l d BUILDING IMPROVEMENTS I N W Do P H A S R A n e i ors l e i p o c t w n & u a r e o c H e a F P Others u o (Identify) r r c i a l U s e g . c t i o n a l t i n u e d S c h S c h s e d S c h o S c h o o l ( R e p l a Schoo l C o n s t r u c t i o n ( e l I d m i p n r g o v R e e m p E n v e l o p e R e n o . e r i o r I R n e t m e o r d i e o l r i n F g i d o w R e p l a c e Fra me Rep lac em ent t i n g / V m e b n i t n i g l a R t e i n o o n v a S p a c e C o n d i t i o n I m p r o v e m e n t s ( T e e s s i b i l i f t R y e p I a m i p r r l t h & S a f e t y I m p n i s h t i a n b g l e & E q u i p R e p l a c Date: ____________________ SBA/WVDE 148 Revised 9/2015 TOTAL ESTIMATED EXPENDITURE $__________________ IN THIS ATTENDANCE AREA School Building Authority of West Virginia EVALUATION OF COMPLETED PROJECTS FROM CURRENT CEFP SBA FORM 150 County_________________________ Projects Completed From ______to Report Date Date____________________ School Name Project Description Projec t in Origin al 1990 CEFP Y/N Projec t Amen ded into the CEFP Y/N Project Complet ed, Not in the CEFP Y/N Report Rate How Well Project Met the Overall SBA Criteria in WV Code 18-9D-16 * 1 2 4 3 5 * 1. Did not achieve the objectives of the SBA - 3. Adequately met the SBA objectives or requirements - 5. Exceeded the expectations of the SBA objectives SBA 150 Revised 9/2015 COPY FOR ADDITIONAL PAGES School Building Authority of West Virginia BID CERTIFICATION FORM SBA FORM 157 I, hereby certify that the bid requirement found in Article 22, Section 522-1 of the West Virginia State Code have or will be met should I be awarded the construction contract for the project referenced below. I further certify that all requirements found in the School Building Authority, Supplemental General Conditions applicable to this project and bound within the bidding documents for this project will be complied with prior to the execution of the construction contract. I understand that if the SBA requirements exceed those of West Virginia Code, the more stringent requirements will apply to this project. Project Name: ________________________________ Name of Contractor’s Company: Date: ________________ ________________________________________ Signature of Responsible Contractor: ________________________________________ Notary’s Signature: ________________________________________ Notary Seal School Building Authority Of West Virginia TECHNOLOGY INFRASTRUCTUR E REVIEW SBA FORM 158 Standard General Network/Communications 1. Cabling complies with all applicable IEEE, EIA/TIA Standards 2. Cabling complies with applicable state and local fire and building codes 3. Cabling documents on hand includes schematics, cable lengths, equipment locations and certifications 4. Cable trays, wire guides and supports provided and properly installed 5. Cabling enclosed and protected where accessible 6. Cabling is uniform and clearly labeled at distribution frames, electronics and work stations 7. Adequate electrical circuits with isolated ground provided for all electronic equipment 8. All exterior, non-fiber cable includes shielding and lightening arresters at building penetrations Network Subtotal Distance Learning Is distance learning utilized in this facility? 9. Yes Met Not Met Rational for Improvement 10. If no, equipment needed and cost Distance Learning Subtotal GRAND TOTAL ALL TECHNOLOGY (Use back of Form or Additional Sheets, if necessary) SBA 158 Revised 9/2015 School Building Authority of West Virginia Comprehensive Educational Facilities Plan PROGRESS REPORT #1 SBA FORM 163 Please complete the following questions. Additional sheets may be needed. 1. Briefly describe the sub-committees of the planning committee appointed to develop the CEFP and describe their responsibilities. 2. List the chairperson and members, both professional and citizen of the planning committee and each sub-committee. Please include addresses and phone numbers. 3. Indicate preliminary goals and objectives developed by the committees and presented to the county board of education for review. (See State Board Policy 6200, Chapter 1, Section 100.01) ___________________________________ Superintendent SBA 163 _____________________________ Submitted by School Building Authority of West Virginia MAXIMUM CLASS SIZES SBA FORM 167 Classroom Type Kindergarten and Pre-Kindergarten General Instruction Areas Corrective or Remedial Education Art Rooms (Optional/EL) Driver Education Facilities Consumer/Homemaking Classroom (Optional) Consumer/Homemaking Lab Foreign Language Facilities Foreign Language Lab (Optional) Technology Education Technology Education Lab/Classroom Music Facilities (Optional/EL) Ensemble Room (Optional) Physical Education Science Facilities Micro-Computer Lab (Optional) Electronic Technology Lab (Optional) Auditorium (33% of total student body - min. 250) Behavior Disorders Communication Disorders (Self Contained) Deaf/Blind (Self Contained) Mildly Mentally Impaired (Self Contained) Moderately Mentally Impaired (Self Contained) Autism Severely/Profoundly Mentally Impaired (Self Contained Deaf and Hard of Hearing Blind and Partially Sighted Specific Learning Disabilities (Self Contained) Pre-School Handicapped (Self Contained) Gifted Education (Self Contained) Resource Services (Regular Program Support) Agricultural Education Agricultural Mechanics Lab Marketing Education EL 20 25 15 25 25 25 25 MS 25 15 25 25 25 25 25 20 25 25 70 25 20 75 8 12 3 12 12 10 8 12 3 12 12 10 9 10 10 12 10 15 15 9 10 10 12 15 15 Diversified Cooperative Training Vocational Health Occupations Classroom Type Family and Consumer Science (FACS) Food Management, Production & Services (Occup) Child Care Specialist (Occup) Vocational/Industrial & Technical Classrooms Industrial and Technical Lab Business Education Classroom Computer/Keyboarding Lab Office Technology Tech Ed. Production Lab Tech Ed. Systems Lab Bold type spaces are instructional areas for students with exceptionalities. Most students with exceptionalities are served in general education classrooms designed to accommodate students with exceptionalities. Maximum class sizes are shown to provide design data where selfcontained rooms are provided. Exceptions to these class sizes may occur with approval of the State Department of Education. See also Chapter 7 of the "Handbook on Planning School Facilities" (State Board of Education Policy 6200) for EL MS 20 SBA 171 DESIGN BUILD SERVICES DRAFT INVITATION FOR QUALIFICATIONS (IFQ) ___________________, 20__ Design-Build Services For ______________________________________________________ A proposal in response to this IFQ must be submitted to the _____________ no later than ______ on __________, 20__. It must be plainly marked: Proposal for IFQ Design-Build Services for __________________________________________ The responsibility for submitting a response to this IFQ at the ___________ County Board of Education office located at ____________________ on or before the stipulated time and date will be solely and strictly the responsibility of the proposer. The ___________ Board of Education will in no way be responsible for delays caused by the United States Postal Service or caused by any other occurrence. Any proposals received after the stipulated time and date will not be accepted, nor opened, and will be returned. A bid bond equivalent to 5% of the construction cost must be provided with the cost proposal. Specific project information can be obtained by contacting ____________________ at _________________. Questions concerning the specifics of the project(s) should be directed to ___________________ at ______________. _________________ COUNTY BOARD OF EDUCATION Office of ____________________________ INVITATION FOR QUALIFICATIONS Design-Build Services For __________________________(School) _________________(Date) TABLE OF CONTENTS Section 1 Title Invitation for Qualifications 2 Project Description 3 Instructions to Submitting Firms/Teams 4 Qualification Process 5 Selection Process SECTION 1 – INVITATION FOR QUALIFICATIONS (IFQ) Pursuant to West Virginia Code 5-22A-1 and Legislative Rules 148-CSR-11 the ___________ County Board of Education intends to contract with a DesignBuild firm/team to provide professional services for: ____________________________________________________________________ Selection of the Design-Builder shall conform to the State of West Virginia’s Consultants Competitive Negotiations Act and shall satisfy qualification requirements as defined by West Virginia Code 5-22A-1 and et. seq. and Title 148, Legislative Rules for selecting Design-Builders under the Design-Build Procurement Act. ____________County Board of Education reserves the right to reject any or all IFQ proposals if it is determined to be in the best interest of the county board of education. The successful Design-Builder will be expected to enter into a single point of responsibility agreement with _________ County Board of Education to provide complete professional architectural and engineering design services, permitting and construction services including all labor and materials for the completion of the project. Firms/teams interested in providing design/build services to _________ County are hereby notified that Proposals for providing the requested services in response to this IFQ will be accepted until ____________________________ and must be received by mail or delivered in hand to the following location. Proposals received after this deadline will be disqualified. _________________________________________ ____________ County Board of Education _________________________________________ _________________________________________ The proposal is limited to 25 pages (excluding the required SBA forms) and shall be presented in a binder format, tabbed according to the Evaluation Criteria. Proposals will not be reviewed until expiration of the time established for making proposals as set forth in the IFQ. One (1) original and ten (10) copies of the proposal shall be submitted which are clearly labeled with the project name and the name of the submitting firm/team. The format of the proposal shall be in strict conformance with the stipulated criteria in Instructions to Submitting Firms/Teams (Section 3) and the Selection Process (Section 4). A Selection Team will review the proposals and evaluate the qualifications of each Design-Build firm/team. Interviews will be scheduled and the selection committee will evaluate and score each firm/team based on the proposal information and the interview. A minimum of three-five firms/teams will be selected to submit a Request for Proposal to complete the design and construction of the project based on Performance Criteria provided by the Owner. SECTION 2 – PROJECT DESCRIPTION A. Scope of Work In general, the work consists of the following: (insert project description and timeline) B. Budget The budget for the Design-Build project will be based on the predesign/construction cost and the design/construction cost together with all other soft costs associated with the project. A preliminary budget has been established by the owner and the SBA for performance criteria development purposes. However, the final budget will be established based on the acceptance of the Design-Build team’s proposal together with the predesign/construction cost. The final budget will be subject to the approval of the owner and SBA. C. Owners Anticipated Pre-Construction Schedule 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Advertisement/IFQ Design-Build Qualifications Due Oral Presentations by Firms/Teams Evaluation of IFQ Recommendation of Selected Short-List Firms/Teams Notification of Short List Firms/Teams Invitation for Proposals Mailed Response to IFP Due Award of Design-Build Contract Anticipated Substantial Completion ________________ ________________ ________________ ________________ ________________ ________________ ________________ ________________ ________________ ________________ SECTION 3 – INSTRUCTIONS TO SUBMTTING FIRMS/TEAMS A. General This Invitation for Qualifications (IFQ) is the first in a two-stage selection process in Design-Build services. The selection process will be conducted as follows: Stage 1: The responses to this IFQ will be reviewed by a Selection Team in accordance with the process and evaluation criteria contained in Section 4. The Selection Team reviews the proposals and schedules interviews with firms/teams to discuss the IFQ submission information. The Selection Team will then score each firm/team submission based on the IFQ and interview. The Selection Team then will short list no fewer than three firms but no greater than five firms to continue on to Stage 2 of the selection process. Stage 2: Each of the three to five firms/teams short listed will be given the Request for Proposals (RFP) including the project performance criteria, educational specifications and the submission schedule for the RFP. B. Mandatory Pre-Presentation Meeting The short listed firms/teams will be required to attend a Mandatory PrePresentation Meeting. The meeting will be scheduled by ________ County Board of Education a minimum of five (5) days prior to the presentation date. The time and date of the meeting will be announced a minimum of 48 hours in advance. The short listed firms/teams are required to visit the project site prior to the Mandatory Pre-Presentation Meeting. C. Questions Questions regarding the completion and submission of the proposal should be directed to ________________________________________. Any communication, written or verbal, with other county or SBA representatives may be grounds for disqualification. Technical questions by the short listed firms/teams regarding the Design Criteria Package or the presentation must be received in writing via facsimile and directed to the attention of __________________________________. The deadline for technical questions is ________(time) on __________ (date). A written response will be provided to all questions received no later than _______(date). Responses will be in writing to all short-listed firms/teams. D. Expenses Incurred in Preparing Responses _________ County accepts no responsibility for any expenses incurred by those firms/teams offering their services to the Board either in the preparation of a response to this IFQ or subsequent presentation. All expenses shall be borne by the offering firms/teams exclusively. E. Design-Build Qualifications Firms/teams submitting a response to this IFQ must qualify under the DesignBuild Board of West Virginia. Corporations must be a registered vendor in the State of West Virginia prior to submission of their proposal. Joint ventures, if selected, will be expected to sign a form of contract making each venture jointly and severally liable for its actions and its co-venture’s actions under this contract, or alternatively to provide a copy of an executed, formal joint-venture agreement that so binds each to the other. All contractors and subcontractors must have a contractor license in the State of West Virginia. Standard AIA Documents will be used for this project unless otherwise waived by the SBA. In addition, the bidder(s) must provide pertinent financial information within the IFQ response including the SBA Qualification Statement. F. Bonding and Insurance Requirements The Design-Builder ultimately selected will be required to obtain a Performance Bond and a Labor and Materials Payment Bond. Errors and Omissions Professional Liabilities Insurance will be required for the Design Professional(s). If selected, insurance in the form of General Liability, Automobile, Worker’s Compensation and Employees Liability will be required of the construction contracting entity with minimum coverage’s defined below: Insurance Description and Minimum Required Coverage 1. Worker’s Compensation/Employers’ Liability Statutory – State of West Virginia – Compensation through State Fund. Employer’s Liability – Limits Required: $500,000 – each employee $500,000 – each accident $500,000 – aggregate Coverage must include legal liability brought under West Virginia Code Annot. (1978) Section 23-4-2. 2. Contractor’s Public Liability Insurance Limits Required: $2,000,000 – General Aggregate $1,000,000 – Products Complete Operations Aggregate $1,000,000 – Personal & Advertising Injury Limit $1,000,000 – Each Occurrence Limit Commercial General Liability must include: Explosion, Collapse and Underground Property Damage. Coverage required, if contractor’s operations warrant such coverage. Also, if blasting operations, separate blasting coverage is required. 3. Automobile Liability Insurance Limits Required: $1,000,000 – Per Accident Provide “Any Auto” Coverage 4. Excess Liability Insurance Limits Required: $2,000,000 – Combined Single Limit Occurrence $2,000,000 – Aggregate 5. Builders Risk and Property Insurance 100% Completed Value Form Coverage Format: All Risk including theft Coverage shall include transit and off-site storage/secondary location limit amount that exceeds any shipment or off-site storage material value before payments to contractor for off-site stored materials are approved. Proof of coverage limits exceeding accumulated value of materials stored is required. Names Insured shall be Owner, Contractor and all Subcontractors ATIMA. Deductibles shall be stated in the Certificate of Insurance. Payment of deductible shall be the responsibility of the contractor. If a renovation to an existing building, the Owner will provide coverage while under Construction by adding the contractor and all subcontractors, ATIMA to the permanent property policy. SECTION 4 – QUALIFICATION PROCESS Selection Team The Proposals received in response to this IFQ will be evaluated and ranked by a Selection Team. This process will also include an oral presentation by qualified Design-Build firms/teams. Once the interviews are completed, the Selection Team will rank each Design-Build firm/team using the rating system established within the IFQ. The Selection Team will select (short list) no fewer than three (3) but not greater than five (five) firms/teams to be invited to submit response to a Request for Proposal (RFP). The members of the Selection Team are: Name ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ Affiliation and Title ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ Evaluation Criteria The following Criteria are intended to provide the Selection Team with information regarding the qualifications of each proposing Design-Build firm/team. Proposals shall address each of the Criteria in the same order listed in Attachment ________. A. Proposal Letter Firms must provide an original letter stating their intent to qualify for this project under the Design-Build Act of West Virginia and their acceptance of the terms and conditions contained in this IFQ. The letter must be signed by an officer(s) of the proposing firm(s) or the prime team member(s). B. Project Understanding Clearly demonstrate your firm/team’s understanding of the scope of the project. Present a concise outline of specific services your firm/team is qualified and prepared to provide for the project. Identify and discuss any of the services, or method of approach to the services, which your firm/team believes to be either “unique” or “outstanding,” or which may be recognized as giving your firm/team a competitive edge or advantage. C. Team Organization and Personnel Resumes Provide information describing the Design-Build team being proposed and the experience of the individual firms comprising the team. If your team is a joint venture or a team consisting of a prime firm with a consultant and sub-consultant relationship, describe your organizational basis. Describe the number and type of projects your team has completed together and the number of years of working experience together. Identify each entity discipline and responsibilities of the team. Indicate key personnel and their relationship to this project and other team members. Provide an organization chart identifying design and construction personnel proposed for the project. Provide resumes of key personnel, their disciplines, respective roles, education, licenses and their experience in Design-Build. Identify their experience as related to educational facilities. Explain the status of the current workload of your design entity and construction entity, addressing the availability of the lead personnel proposed for this project. D. Architect Team Member Project Experience Submit the design experience of the West Virginia Registered Architect member (minimum of five years), documenting the most recent evidence of school design experience and SBA school design experience. Provide qualifications and experience of key management and professional staff and other staffing proposed to complete this project. Identify projects of comparable size, complexity and cost to this project, defining specific services provided. Provide information regarding experience on SBA projects. Include renderings or photographs, if feasible. Include appropriate information describing the scope and nature of the projects. Identify the lead personnel on each project, their respective responsibilities and if they are proposed for this project. Comment on the commitment to involve lead design personnel assigned to the project through the design and construction phase. For each of the projects listed, identify the client’s name and contact person, address, phone numbers, dates of services performed and references. Submit current Standard Forms 254 and 255. Submit current West Virginia Architectural License for the firm. E. Contractor Team Member Project Experience F. Submit the construction experience of the West Virginia Licensed General Contractor entity, documenting evidence of the successful construction of recent school construction. Provide information regarding experience on SBA projects. Identify projects of comparable size, complexity and cost of this project, defining specific services provided (General Contracting or Design-Build). Comment on project schedules and budgets and the adherence to those items. Identify the lead personnel on each project, their respective responsibilities and if they are proposed for this project. For each of the projects listed, identify the client’s name and contact person, address, phone numbers, dates of services performed and references. Also, provide the name and telephone number of the architectural firm and project architect responsible for the projects. Submit an SBA Contractor’s Qualification Statement and a copy of your current West Virginia General Contractor License . Proximity to Project/Availability Provide the business address of the prime or lead firm’s office from which any part of the work will be administered and the distance of the office (in hours) from the project site. (Do not list a job site trailer address). If submitting a joint venture, list the address of both firms and the distance (in hours) from the site of the managing office from where work will be administered. Provide the distance (in hours) between the business address of the construction entity and the office of the design entity performing the design work. G. Project Approach Comment on your approach toward accomplishing the design and construction phases necessary to achieve Substantial Completion in a timely manner. Describe the management approach and communication procedures you will employ throughout the design and construction of the project. Describe your reporting procedures, frequency and process for obtaining design/program input from the county board and SBA. Describe your plan to establish and maintain clear lines of communication with the county project manager and the SBA staff. Provide examples of Management Information Reporting Systems, Quality Control, Partnering, etc. Describe and provide examples of how you propose to resolve conflicts and negotiate changes. Additionally, describe how safety and drug testing will be addressed during the project. H. Schedule/Cost Control Describe your cost and scheduling methodology and the project management method you will use for effectively managing and executing the work on time and within budget. Include a disclosure of the present work load for your design and construction team. Provide information about operational timelines for accomplishing work requested by this proposal and samples of schedules and cost estimate formats. Provide a comparative chart showing your recent schedule and cost control successes on similar educational projects. Provide examples of how you propose to control quality and your quality assurance programs. Also, include your Value Engineering, Life Cycle Cost Analysis, Constructability Review strategies. I. Local Labor Participation Projects receiving SBA or other state funding must comply with the West Virginia Department of Labor and Workers Compensation requirements and other pertinent codes. Indicate the efforts your firm/team has made regarding local labor force being used on project(s). Additionally, indicate what efforts your firm/team has made, or intends to make, to comply with West Virginia Code 21-1C, (West Virginia Jobs Act) on this project. J. Financial Strength and Bonding Capacity Provide a statement indicating the financial capability of the firm/team to provide the resources required including: 1. A letter of intent from a surety company indicating the applicant’s bonding ability for this project (performance and payment bond) for an amount in excess of the budget shown in Section 2 of this IFQ. The performance and payment bond will be a sum of 100% of the amount of the construction contract. To be acceptable to the Owner as Surety for performance and payment bonds, a Surety Company shall comply with the following provisions: a. The Surety Company must be licensed to do business in the West Virginia. b. The Surety Company shall have been in business and have a record of successful continuous operations for at least five years. c. The Surety Company shall have at least A.M. Best Company, A or better rating listed on the most current federal register, circulation 570, which is authorized to do business in the State of West Virginia and which is satisfactory to and approved by the Owner and the SBA. 2. Provide audited financial statements for the most recent two years, including income statement, balance sheet, statements of change in financial position and notes to financial statements. This information may also be included in the contractor qualification information provided. 3. Provide all material changes in the business operations of the firm, including without limitation any bankruptcy proceedings, mergers, acquisitions, or spin-offs and any material pending or threatened litigation, which have occurred within the last five (5) years. Discuss the impact of these changes on the firm’s financial or managerial ability to perform the task under the proposed capital plan. 4. Provide the name, title, address and phone number of the financial officer of the firm responsible for providing the information in response to this requirement. The financial information requested above, and copies of any rating reports, are not included in the IFQ’s 25 page limitation. Proposers wishing to preserve the confidentiality of this information may do so by providing one (1) original of the information in a separate envelop labeled “Confidential – proprietary financial information.” K. Litigation Identify all litigation in which your firm/team has been a party to legal action (including arbitration, administrative proceedings, etc.) or lawsuits during the last five (5) years involving a single client for claims in excess of $50,000. Include a brief legal description of the dispute and its current status and whether the action or lawsuit has involved a Design-Build contract. Also, describe the particular circumstances giving rise to the dispute and the actions which your firm took to attempt to settle the matter prior to and after the suit being filed. Describe in detail any projects within the last five (5) years where liquidated damages, penalties, liens (in excess of $50,000), defaults, cancellations of contract or termination of contract were imposed, sought to be imposed, or filed against your organization. L. References Provide a list of client references for project completed by the architectural and construction team members. Each referenced project must have construction cost, year completed and client contact information. SECTION 5 – SELECTION PROCESS Proposal Evaluation The Selection Team will evaluate the Design-Build Team qualifications received in response to this IFQ based on the Evaluation Criteria in this Section and the oral interview, which will be weighted in accordance with the Selection Team Rating Sheet contained at the end of Section 5. The Selection Team will select (short list) no fewer than three (3) firms/teams with the highest total points (the sum of the scores given to each firms/teams by all voting members of the Selection Team). The short listed firms/teams will be notified and will be given the Design Criteria Package to prepare their proposals. Oral Presentations Qualified firms/teams will make oral presentations to the Selection Team to review their qualifications. The short listed firms/teams will be given ___ minutes for an oral presentation. The format of the presentation should be structured to clearly address the Evaluation Criteria contained in Section 4 of the IFQ. Presentation boards and handouts are acceptable. A projection screen will be available for use by the short listed firms/teams if prior notice is given to the Owner. The Selection Team will have ___ minutes for questions, but under no circumstances will the total time of __________ be exceeded. Final Selection The Selection Team will evaluate the qualifications of the firms/teams after the oral presentations based on the Selection Team Rating Sheet contained in these instructions. The Selection Team will notify a minimum of three (3) but no greater than five (5) firms/teams selected (short listed) to provide a Request for Proposal (RFP) for the project. The timeline for responses to the RFP will be provided to each of the short listed firms/teams. The short listed firms will be provided all project information and provided the schedule for submission of the RFP. The RFP will provide specific submission requirements and evaluation procedures in accordance with the Design-Build Procurement Act and Legislative Rule 148-CSR11. SBA 171 Revised 9/2015 SELECTION TEAM RATING SHEET Invitation for Qualifications Design Build Services ___________________________________________ (Project Name) Company _____________________________________ Proposal Letter _______Y _______N Team Members ___________________________________________ Date _________________ Criteria Value Potential Project Understanding 10 Evaluation Criteria Score Remarks _____ ________________________ 10 _____ ________________________ Architect Project Experience 5 _____ ________________________ Contractor Project Exp. 5 _____ ________________________ Project Team SBA Experience 10 Proximity/Availability _____ 5 ________________________ _____ ________________________ Project Approach 10 _____ ________________________ Project Schedule 15 _____ ________________________ Cost Control/VE 10 _____ ________________________ Local Participation Jobs Act/Local Contractors 5 _____ ________________________ Financial Strength Bonding 5 _____ ________________________ Litigation Client References GRAND TOTAL 70 pts 5 5 100% _____ _____ _______________________ ________________________ _____% (must score minimum of to be considered) Comments: ____________________________________________________________ ________________________________________________________________________ Signature __________________________________ Date ___________________ SBA 172 DESIGN BUILD EDUCATIONAL FACILITIES PLANNER REQUIREMENT FOR THE SUBMISSION AND EVALUATION OF EDUCATIONAL FACILITIES PLANNING SERVICES TO THE _________________ COUNTY BOARD OF EDUCATION INVITATION FOR QUALIFICATIONS Educational Facilities Planner For __________________________(Project) _________________(Date) TABLE OF CONTENTS Section Title 1 Invitation for Qualifications 2 Project Description 3 Instructions to Submitting Individuals/Firms SECTION 1 – INVITATION FOR QUALIFICATIONS (IFQ) Pursuant to Section 5G,1-4 of West Virginia Code, the ___________ County Board of Education intends to contract with a Recognized Educational Facilities Professional (REFP) to provide professional services for: ____________________________________________________________________ Selection of the REFP shall conform to West Virginia Code 5G, 1-4 regarding the selection and fee negotiation process. The successful REFP will be expected to enter into a single point of responsibility agreement with _________ County Board of Education to provide professional school planning services for the preparation of educational specifications for the referenced project. Individuals/firms interested in providing educational planning services to _________ County are hereby notified that a Proposal for providing the requested services in response to this IFQ will be accepted until ___________p.m. (day and date). (Proposals received after this deadline will be disqualified). Proposals may be mailed or hand delivered to the following location: _________________________________________ ____________ County Board of Education _________________________________________ _________________________________________ The proposal is limited to 20 pages (excluding the required SBA forms) and shall be presented in a binder format, tabbed according to the Evaluation Criteria. Proposals shall be clearly identified in a sealed package and include all technical submission requirements. Proposals will not be opened until the expiration time established for submitted proposals has expired. One (1) original and ten (10) copies of the proposals shall be submitted and must be clearly labeled with the project name and the name of the submitting individual/firm affixed. The format of the proposal shall be in strict conformance with the stipulated criteria in the Instructions to Submitting Individual/Firms (Section 3). SECTION 2 – PROJECT DESCRIPTION A. Scope of Work In general, the work consists of the following: (insert project description) B. Owners Anticipated Advertisement and Award Advertisement/IFQ Proposals Due Notification of Short List Individual/Firms Presentations by Short listed Individual/Firms Recommendation of Selected Individual/Firms Deadline for Contract Negotiations Board Approval of Selected Individual/Firms Executed Contract and Notice to Proceed ________________ ________________ ________________ ________________ ________________ ________________ ________________ ________________ SECTION 3 – INSTRUCTIONS TO SUBMTTING INDIVIDUALS/FIRMS A. General The selection process for the REFP will be conducted as follows: B. Stage 1: The proposals received in response to this IFQ will be evaluated and ranked by a Selection Team in accordance with the process and evaluation criteria contained in Section 4. The proposal must be written and submitted with tabbed sections in the order of the evaluation criteria. The Selection Team will select (short list) no fewer than three (3) individuals/firms to give a presentation at a later date to the Selection Team. Stage 2: The short listed individuals/firms will meet with the Selection Team and the team will evaluate and rank each individual/firm based on the proposal information and the presentations in accordance with the process and evaluation criteria contained in Section 5. Stage 3: The Selection Team will select the individual/firm they feel is most qualified to perform the services and will negotiate the fee for the completion of the educational specification for the project. Questions Questions regarding the completion and submission of the Proposal should be directed to ________________________________________. _________ County will respond to all questions received regarding the general requirements of the educational planning process to be used for the project prior to the presentation date. C. Expenses Incurred in Preparing Responses _________ County accepts no responsibility for any expenses incurred by those individuals/firms offering their services to the county in the preparation of a response to this IFQ. All expenses incurred in the preparation of the response to the IFQ and the cost for the interview process shall be borne by the offering individual/firm exclusively. D. Educational Facility Professional Qualifications Individuals/Firms submitting a response to this IFQ must possess the Recognized Educational Facilities Professional certification provided by the Council of Educational Facilities Planners International. A copy of the certification must be provided in the response to the IFQ. SECTION 4 – QUALIFICATION PROCESS Selection Team The Proposals received in response to this IFQ will be initially evaluated based on the qualifications of the individual/firm and the Selection Team will select (short list) individuals/firms that will be requested to give a presentation at a later date to the Selection Team. The information provided in the Proposal along with the oral presentation will provide the Selection Team a basis for determining the most qualified individual/firm. The members of the Selection Team are: Name ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ Evaluation Criteria Affiliation and Title ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ The following Criteria are intended to provide the Selection Team with information regarding the qualifications of each educational planner. Proposals shall address each of the Criteria in the same order listed below. A. Proposal Letter Educational planners must provide an original letter stating their intent to provide planning services and identifying their willingness to proceed should they be selected to perform the planning services. The letter must be signed by an officer of the proposing firm or the prime team member. B. Project Understanding Planners must clearly demonstrate their understanding of the scope of the project and present a concise outline of specific services they are prepared to provide for the project. The proposal must also identify and discuss any of the services, or method of approach to the services, which are believed to be either “unique” or “outstanding,” or which may be recognized as giving a competitive edge or advantage. C. Educational Planner and Personnel Resumes Provide information describing the educational planner’s experience and qualifications. Indicate key personnel and their relationship to this project. Provide resumes of key personnel, their disciplines, respective roles, education, certifications, licenses and their experience in educational facilities planning. D. Educational Planners Experience and Knowledge Submit the educational planner’s experience regarding educational specifications and knowledge of the SBA requirements and West Virginia State Board of Education Policy 6200 Guidelines. Identify the lead personnel anticipated on this project and their respective responsibilities proposed for this project. Comment on the commitment to involve the lead personnel assigned to the project through all phases of the project. Project Approach Comment on your approach toward the formulation of the educational specification. Describe the process and communication procedures that will be employed throughout the development of the educational specification. Describe procedures, frequency and methods for obtaining educational input from _______ County and a plan to establish and maintain clear lines of communication with the _________ County and the school staff. E. F. References Please provide three (3) letters of references from individuals who have worked with you professionally or can provide professional character references. G. Completion Schedule Describe the general schedule and timeline anticipated for the completion of the educational specification. SECTION 5 – SELECTION PROCESS Proposal Evaluation Based on the proposals received and the oral presentations, the Selection Team will use the process described in West Virginia Code 5G-1-4 to evaluate and select the educational facilities planner. The short listed individuals/firms will be notified on the date shown in Section 2 of this IFQ and will be given the opportunity to interview with the selection committee and present project information. The Selection Committee will evaluate and rate each individual/firm and based on the final team score begin negotiations with the highest rated individual/firm. Oral Presentations The short listed Educational Planner will make oral presentations to the Selection Team to review their proposal. The oral presentation will be limited to ___ minutes. The format of the presentation should be structured to clearly address the Evaluation Criteria contained in Section 4 of the IFQ. Presentation boards and handouts are acceptable. A projection screen will be made available for use if prior notice is given to the Selection Team. The Selection Team will have ___ minutes for questions. Final Selection The Selection Team will evaluate and rate the proposals and oral presentations on the Selection Team Rating Sheet contained in these instructions. The Selection Team will recommend to the local board that an agreement for educational specification services be awarded to the Educational Planner with the highest total points (the sum of scores given to each REFP by all voting members of the Selection Team) at the fee schedule negotiated. All short listed Educational Planners will be rated and ranked in order of their score on the Selection Team Rating Sheet and the team will reach a consensus as to which individual/firm is the most qualified. The team or a representative member of the team will then negotiate the fee for the educational planning services. Should the fee negotiations reach an impasse and the fee agreement not be reached, negotiations will continue with the next highest rated Educational Planner until an agreement is reached. The Selection Team will not return to the previous team once the impasse is reached on the fee and the next individual/firm is contacted for fee negotiations commence. SBA 172 ADVERTISEMENT FOR INVITATION FOR EDUCATIONAL FACILITES PLANNING SERVICES For ____________________________________ Project Name _____________ Date The ______________ County Board of Education is soliciting a proposal to perform educational facilities planning including building programming from qualified educational facilities planners. The individual/firm must possess certification from the Council of Educational Facilities Planners International and must have the Recognized Educational Facilities Professional Certification (REFP) to be considered. The individual/firm must be knowledgeable of School Building Authority requirements regarding educational specifications and also State Board Policy 6200, Handbook on Planning School Facilities requirements. Specific project information can be obtained from ______________ at ________ regarding the project requirements. The requirements of West Virginia Code 5G, Article 1-4 will be used as the basis for review and evaluation of all proposals. All proposals must be submitted to the __________ County Board Office at ____________________, West Virginia, no later than _______p.m. local prevailing time on ____________, _________. Proposals must be clearly marked IFQ for Educational Facilities Planner for ____________________ (project name). All proposals must include the experience and qualifications of the Educational Facilities Planner and must address the criteria for proposal evaluation. The individual/firm will be selected on the basis of qualifications and the cost to perform the services will be negotiated based on the most qualified firm. To request further information regarding the specifics of the proposal contact __________________at ______________. Questions should be directed to ________________ at (304) ____________. SELECTION TEAM RATING SHEET Educational Facilities Planner ___________________________________________ (Project Name) Individual/Firm ________________________________________________________ Proposal Letter _____Y _____N Evaluation Criteria Date _________________ Criteria Value Potential Project Understanding 10 Educational Planner & 15 Personnel Resume Score Remarks _____ ________________________ _____ ________________________ Educational Planners Experience & Knowledge Regarding: SBA Requirements 20 _____ ________________________ State Board Policy 620020 _____ ________________________ Project Approach 15 _____ ________________________ References 10 _____ ________________________ Completion Schedule GRAND TOTAL 10 100 _____ ________________________ _____ (must score minimum of 70 pts to be considered) Comments: ____________________________________________________________ ________________________________________________________________________ Signature __________________________________ Date ___________________ SBA 173 DESIGN BUILD PERFORMANCE CRITERIA DEVELOPER ADVERTISEMENT FOR Performance Criteria Developer The ___________ County Board of Education is soliciting proposals from qualified Performance Criteria Developers to work in cooperation with ________________ to develop Design-Build performance criteria for ________________________. The firm/individual must be a registered architect or engineer licensed under the laws of West Virginia and licensed to do business in West Virginia. The firm/individual must have experience in the Design-Build project delivery method, the preparation of educational facilities performance criteria and must be capable of preparing building performance specifications, pre-schematic building footprints based on the educational specifications for the school and must have experience in site evaluation and design. The Performance Criteria Developer will assist the county board and the school planning team with the development of detailed building component specifications, site evaluation and preliminary building citing based on the chosen site and preparation of schematic diagrams of the school based on the county’s educational specifications. Additional services will be provided to the county for assisting in the evaluation of the DesignBuild proposals and assisting the county board during the design development review, construction document review and construction phase of the project. The services provided will be based on a negotiated fee for actual time and services rendered beyond the basic services provided through pre-schematic building footprint. Invitations for Qualifications (IFQ) will be provided upon request to qualified individuals/firms. Responses to IFQs must be returned to ____________ County Board Office to the attention of ___________________ by _________________ local prevailing time (LPT). Proposals received after this deadline will not be accepted, nor opened and will be returned. Questions concerning the specifics of this project should be directed to _______________ at (304) ____________. DRAFT INVITATION FOR QUALIFICATIONS (IFQ) ________________________. 20__ Performance Criteria Developer For __________________________________________________ A proposal in response to this IFQ must be submitted to the ______________ no later than _____________ local prevailing time (LPT) on ______________________, 20__. It must be plainly marked: Proposal for IFQ Performance Criteria Developer for ______________________________________ The ___________ County Board of Education is soliciting proposals from qualified Performance Criteria Developers to work in cooperation with ________________ to develop Design-Build performance criteria for ________________________. The firm/individual must be a registered architect (or engineer) licensed under the laws of West Virginia and licensed to do business in West Virginia. The firm/individual must have experience in the preparation of educational facilities performance criteria and must be capable of preparing building performance specifications, pre-schematic building footprints based on the educational facilities specifications for the school and must have experience in site evaluation and design. The Performance Criteria Developer will assist the county board and the school planning team with the development of detailed building component specifications, site evaluation and preliminary building citing based on the chosen site and preparation of schematic diagrams of the school based on the county’s educational specifications. Additional services will be provided to the county for assisting in the evaluation of the Design-Build proposals and assisting the county board during the design development review, construction document review and construction phase of the project. The services provided will be based on a negotiated fee for actual time and services rendered beyond the basic services provided through pre-schematic building footprint. Submitted proposals must address the evaluation criteria and must be organized in the same order as the IFQ. Copies of the IFQ and other projects received after the stipulated time and date will not be accepted, nor opened, and will be returned. Specific information can be obtained by contacting _______________________ at __________________. Questions concerning the specifics of the project(s) should be directed to ________________ at (304) ________________. REQUIREMENT FOR THE SUBMISSION AND EVALUATION OF PERFORMANCE CRITERIA DEVELOPER SERVICES TO THE _________________ COUNTY BOARD OF EDUCATION INVITATION FOR QUALIFICATIONS PERFORMANCE CRITERIA DEVELOPER For __________________________(Project) _________________(Date) TABLE OF CONTENTS Section Title 1 Invitation for Qualifications 2 Project Description 3 Instructions to Submitting Individuals/Firms 4 Qualification Process SECTION 1 – INVITATION FOR QUALIFICATIONS (IFQ) Pursuant to Section 5G,1-4 of West Virginia Code, the ___________ County Board of Education intends to contract with a registered architect (or engineer) to act as the Performance Criteria Developer (PCD) for a DesignBuild project that will ____________________________________________________________________ Selection of the PCD shall conform to West Virginia Code 5G, 1-4 regarding the selection and fee negotiation process. The successful PCD will be expected to enter into a single point of responsibility agreement with _________ County Board of Education to provide professional services for the preparation of performance criteria, preconstruction review of Design-Build and construction services as required by the Design-Build Procurement Act (Title 148, Series II) for the referenced project. Individuals/firms interested in providing this service to _________ County are hereby notified that proposals for providing the requested services in response to this IFQ will be accepted until ___________p.m. (day and date) local prevailing time (LPT). (Proposals received after this deadline will be disqualified). Proposals may be mailed or hand delivered to the following location: _________________________________________ ____________ County Board of Education _________________________________________ _________________________________________ The proposal is limited to 20 pages and shall be presented in a binder format, tabbed according to the Evaluation Criteria. Proposals shall be clearly identified in a sealed package and include all technical submission requirements. Proposals will not be opened until expiration time established for submitted proposals has expired. One (1) original and ten (10) copies of the proposals shall be submitted and must be clearly labeled with the project name and the name of the submitting individual/firm affixed. The format of the proposal shall be in strict conformance with the stipulated criteria in the Instructions to Submitting Individual/Firms (Section 3). SECTION 2 – PROJECT DESCRIPTION A. Scope of Work In general, the work consists of the following: (insert project description) B. Owners Anticipated Advertisement and Award Advertisement/IFQ Proposals Due Notification of Short List Individual/Firms Presentations by Short listed Individual/Firms Recommendation of Selected Individual/Firms Deadline for Contract Negotiations Board Approval of Selected Individual/Firms Executed Contract and Notice to Proceed ________________ ________________ ________________ ________________ ________________ ________________ ________________ ________________ SECTION 3 – INSTRUCTIONS TO SUBMTTING INDIVIDUALS/FIRMS A. General The selection process for the PCD will be conducted as follows: B. Stage 1: The proposals received in response to this IFQ will be evaluated and ranked by a Selection Team in accordance with the process and evaluation criteria contained in Section 4. The proposal must be written and submitted with tabbed sections in the order of the evaluation criteria. The Selection Team will select (short list) no fewer than three (3) individuals/firms to give a presentation at a later date to the Selection Team. Stage 2: The short listed individuals/firms will meet with the Selection Team present their qualifications and address questions from the Selection Team about their proposal. The team will evaluate and rank each individual/firm based on the proposal information and the presentations in accordance with the process and evaluation criteria contained in Section 5. Stage 3: The Selection Team will select the individual/firm they feel is most qualified to perform the services and will negotiate the fee for the completion of the performance criteria for the project. Questions Questions regarding the completion and submission of the proposal should be directed to ________________________________________. _________ County will respond to all questions received regarding the general requirements of the performance criteria development to be used for the project prior to the presentation date. C. Expenses Incurred in Preparing Responses _________ County accepts no responsibility for any expenses incurred by those individuals/firms offering their services to the county in the preparation of a response to this IFQ. All expenses incurred in the preparation of the response to the IFQ and the cost for the interview process shall be borne by the offering individual/firm exclusively. D. Performance Criteria Developer Individuals/Firms submitting a response to this IFQ must be a registered architect or registered engineer (where applicable) in the State of West Virginia. Experience in school design and experience with SBA policies and procedures and knowledge of West Virginia State Board of Education Policy 6200, Handbook on Planning School Facilities is required. SECTION 4 – QUALIFICATION PROCESS Selection Team The proposals received in response to this IFQ will be evaluated by the Selection Team. The Selection Team will select (short list) no fewer than three (3) individuals/firms to give a presentation at a later date to the Selection Team. The proposals and information interview process will be used to select and rank in order of qualifications of the most qualified individual or firm. Once completed, the county will negotiate the fee for providing services in accordance with WV Code 5G _____. The members of the Selection Team are: Name ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ Affiliation and Title ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ The following Criteria are intended to provide the Selection Team with information regarding the qualifications of each Performance Criteria Developer (PCD). Proposals shall address each of the Criteria in the same order listed below. A. Proposal Letter PCD must provide an original letter stating their intent to provide professional services and identifying their willingness to proceed should they be selected to perform the planning services. The letter must be signed by an officer of the proposing firm. B. Project Understanding PCD must clearly demonstrate their understanding of the scope of the project and present a concise outline of specific services they are prepared to provide for the project. The proposal must also identify and discuss any of the services, or method of approach to the services, which are believed to be either “unique” or “outstanding,” or which may be recognized as giving a competitive edge or advantage. C. Performance Criteria Developer and Consultant Personnel Resumes Provide information describing the PCD’s experience and qualifications. Indicate key personnel and their relationship to this project. Provide resumes of all consultants, key personnel, their disciplines, respective roles, education, certifications, licenses and their experience in educational facilities design. D. E. F. Performance Criteria Developer’s Experience and Knowledge Submit the PCD experience regarding the preparation of performance specification writing and knowledge of the SBA requirements and West Virginia State Board of Education Policy 6200 Guidelines. Identify the lead personnel anticipated on this project and their respective responsibilities proposed for this project. Comment on the commitment to involve the lead personnel assigned to the project through all phases of the project. Project Approach Comment on your approach toward the formulation of the performance specifications. Describe the process and communication procedures that will be employed throughout the development of the performance criteria and during the final design review and construction phases of the project. Describe procedures, frequency and methods for obtaining project input from the County representative and a plan to establish and maintain clear lines of communication with the designated representative. References Please provide three (3) letters of references from individuals who have worked with you professionally and can provide first-hand knowledge of your previous work experience. G. Completion Schedule Describe the general schedule and timeline anticipated for the completion of the project performance criteria. SECTION 5 – SELECTION PROCESS Proposal Evaluation Based on the proposals received, the Selection Team will use the process described in West Virginia Code 5G-1-4 to evaluate and select the Performance Criteria Developer. The Selection Team will select (short list) no fewer than three (3) individuals/firms to provide oral presentations. The short listed individuals/firms will be notified on the date shown in Section 2 of this IFQ and will be given the opportunity to interview with the Selection Team and present project information. The Selection Team will evaluate and score the qualifications of each individual/firm being interviewed using the Selection Team Rating system established for this project. Oral Presentations The short listed PCD will make an oral presentation to the Selection Team to further explain their proposal. The short listed PCD will be given ___ minutes for an oral presentation. The format of the presentation should be structured to clearly address the Evaluation Criteria contained in Section 4 of the IFQ. Presentation boards and handouts are acceptable. A projection screen will be available for use by the short listed PCD if prior notice is given. The Selection Team will have ___ minutes for questions. Final Selection The Selection Team will recommend to the __________ School Board that an agreement for professional services to prepare performance criteria specifications and additional services described in Section 2a – Scope of work be awarded to the PCD with the highest total points (the sum of scores given to each PCD by all voting members of the Selection Team) at the fee schedule negotiated. The Selection Team will rate and rank the short listed PCDs in order of their score based on the proposal information and interview process and the team will reach a consensus as to which individual/firm is the most qualified. The team or a representative member of the team will then negotiate the fee for the performance criteria development services. Should the fee negotiations reach an impasse and the fee agreement not be reached, negotiations will continue with the next highest rated PCD until an agreement is reached. The Selection Team will not return to the previous team once the impasse is reached on the fee and the next individual/firm is contacted for fee negotiations commence. SBA 173 SELECTION TEAM RATING SHEET Performance Criteria Developer ___________________________________________ (Project Name) Company/Individual ______________________________________________________ Proposal Letter _____Y Evaluation Criteria _____N Criteria Value Potential Date ________________________ Score Remarks Project Understanding 5 _____ ________________________ Similar Project Experience 15 _____ ________________________ Familiarity with Design-Build 20 _____ ________________________ Performance Criteria Developer 20 _____ ________________________ Familiarity with State Bd Policy 6200 10 _____ ________________________ Familiarity with SBA Requirements 10 _____ ________________________ Schedule 10 _____ ________________________ References 10 _____ ________________________ GRAND TOTAL 100 _____ (must score minimum of 70 pts to be considered) Comments: ____________________________________________________________ ________________________________________________________________________ Signature __________________________________ Date ___________________ School Building Authority of West Virginia ANTI-BULLYING AUDIT SBA FORM 174 County:_________________________________________Date_____________________ Indicate the extent to which each of the following is in place. Not at all 1. The county has an implementation plan for State Board Policy 4373. 2. The county’s disciplinary policies address all forms of Student Code of Conduct violations. 3. The county has an education program about Policy 4373 for each grade level. 4. The county has an education/profession al development program about Policy 4373 for faculty and staff. 5. The county has established procedures “to assure that any person who believes s/he has been the victim of bullying has an identified mechanism to report the alleged acts immediately to an appropriate official.” 6. The county submits the required disciplinary data into the WVEIS. 7. The county has Partial Effective SBA Project Submission Form AMERICAN RECOVERY & REINVESTMENT ACT FUNDING SBA FORM 176e Where Federal American Recovery and Reinvestment Act funding is being used, provide the following:   A notice to proceed letter from WV State Historic Preservation Office (WVSHPO) (where applicable)   Language in specifications that requires all contractors to complete the American Recovery and Reinvestment Act (ARRA) Verification Form as a condition of the bid award prior to the award of the construction contract.   Language in specifications that assures Federal Davis-Bacon Act will be complied with (State Prevailing Wages used where rate is higher than Davis-Bacon).   Language in the specifications that explains “Buy American” requirements.   Insure Requirements of Section 1605 of the ARRA of 2009 is attached in the specifications.   Assurances from the architect/engineer that the materials and equipment specified in the project complies with the “Buy American” provisions of the ARRA.   Bid document language requiring contractors to provide “Bill of Materials” data indicating the Buy American provisions have been complied with within their pay applications.   Standard Federal form 1413, Statement and Acknowledgement for general and all subcontractors. Also list intermediate subcontractors (sub of subcontractors) if they exist under item 14 on this form. 1 OF 2 (ARRA Funds)  In order for the SBA to process payments in a timely manner, the grant recipient shall submit the following documentation to the SBA office with each pay requisition. This information shall also be included in the specifications to inform the contractor of the necessary information that shall be supplied with each pay application. a. Bill of Materials as described herein b. Application for Payment or Invoice c. Certified Payroll d. SBA Requisition Form with Project Number  __________________________________________ Submitted By ____________________ Date __________________________________________ SBA Approval By _____________________ Date SBA Form 176e 2 OF 2 (ARRA Funds) School Building Authority of West Virginia AFFIDAVIT OF DEBT PAID SBA FORM 177 West Virginia Code §5A-3-10a states: No contract or renewal of any contract may be awarded by the state or any of its political subdivisions to any vendor or prospective vendor when the vendor or prospective vendor or a related party to the vendor or prospective vendor is a debtor and the debt owed is an amount greater than one thousand dollars in the aggregate. DEFINITIONS: “Debt” means any assessment, premium, penalty, fine, tax or other amount of money owed to the state or any of its political subdivisions because of a judgment, fine, permit violation, license assessment, defaulted workers’ compensation premium, penalty or other assessment presently delinquent or due and required to be paid to the state or any of its political subdivisions, including any interest or additional penalties accrued thereon. “Debtor” means any individual, corporation, partnership, association, limited liability company or any other form or business association owing a debt to the state or any of its political subdivisions. “Political subdivision” means any county commission; municipality; county board of education; any instrumentality established by a county or municipality; any separate corporation or instrumentality established by one or more counties or municipalities, as permitted by law; or any public body charged by law with the performance of a government function or whose jurisdiction is coextensive with one or more counties or municipalities. “Related party” means a party, whether an individual, corporation, partnership, association, limited liability company or any other form or business association or other entity whatsoever, related to any vendor by blood, marriage, ownership or contract through which the party has a relationship of ownership or other interest with the vendor so that the party will actually or by effect receive or control a portion of the benefit, profit or other consideration from performance of a vendor contract with the party receiving an amount that meets or exceed five percent of the total contract amount. EXCEPTION: The prohibition of this section does not apply where a vendor has contested any tax administered pursuant to chapter eleven of this code, workers’ compensation premium, permit fee or environmental fee or assessment and the matter has not become final or where the vendor has entered into a payment plan or agreement and the vendor is not in default of any of the provisions of such plan or agreement. Under penalty of law for false swearing (West Virginia Code §61-5-3), it is hereby certified that the vendor affirms and acknowledges the information in this affidavit and is in compliance with the requirements as stated. WITNESS THE FOLLOWING SIGNATURE Vendor’s Name: ________________________________________________________________________ Authorized Signature: ___________________________________________ Date: ___________________ State of __________________________________ County of ___________________________ to wit: Taken, subscribed, and sworn to before me this ____ day of _____________________, 20_____. My Commission expires ______________________________, 20_____. AFFIX SEAL HERE NOTARY PUBLIC _________________________________ SBA177 Revised 9/2015 West Virginia Department Of Education & School Building Authority Of West Virginia CERTIFICATE OF PROJECT COMPLETION WVDE BP-13-A Upon completion of a facilities project, submit duplicate copies to the State Department of Education and the School Building Authority to initiate closeout procedures. County ________________ Substantial Completion Date ____________ Project/School Name _________________ Final Inspection Date __________________ Project Number _________________ Fire Marshal – Date ___________________ Enrollment _________________ of Occupancy Permit # Teaching Stations _________________ (If Required) Sources of Funds: Summary of Project Data: State Funds Sq.Ft. in Building _____________ _ SBA “MIP” $____________ Site Acquisition $____________ _ _ SBA “Needs” $____________ Site Preparation $____________ _ _ Local Funds (Bond) $____________ Building Construction _ Costs – Total $____________ _ Local Funds (Other) $____________ *Renovation Costs $____________ _ _ Vocational (State) $____________ Building Construction _ Vocational (Federal) $____________ Costs – per sq.ft. $____________ _ _ Federal (Other) $____________ Building Renovation _ Other Funds (List) $____________ Costs – per sq.ft. $____________ _ _ ____________________ Moveable Eq. Cost ____________________ A&E Fees ____________________ **Misc. Costs Total Funds $____________ _ Total Project Cost $____________ _ $____________ _ $____________ _ $____________ _ *A project may include both new construction/addition and renovation costs. **Geotech, Site Survey, Deed Search, Technology Equipment (Explain on Back) ______________________________________ Architect ______________________________________ Contractor ______________________________________ Clerk-of-the-Works/Construction Manager ______________________________________ Superintendent ____________________________________ Date ____________________________________ Date ____________________________________ Date ____________________________________ Date ***Inspected this date by a representative of the School Building Authority or the West Virginia Department of Education. ______________________________________ ____________________________________ WVDE BP-13-A 164CSR1 School Building Authority of West Virginia MONTHLY ANTICIPATED ADVERSE WEATHER DELAYS SBA FORM 186 Monthl y Advers e Weathe r Delay Days (State Averag e) Month Maximum Temp < 32 degrees F O H D Precipitation > 0.10 inches O H D January 9 7 4 February 5 7 3 March 1 8 2 April 0 8 0 May 0 9 0 June 0 8 0 July 0 8 0 August 0 7 0 0 6 0 0 6 0 November 1 7 1 December 6 7 3 Septembe r October Snowfall > 1.0 inches O H D Total O = Observed, H = Historic, D = Difference Note: * The Contractor’s progress schedule must reflect the anticipated weather delay days that are provided on this form. SBA 186 Revised 9/2015 164CSR1 WV-73 Rev. 08/2013 g? %'fk?l State of West Virginia DRUG FREE WORKPLACE CONFORMANCE AFFIDAVIT West Virginia Code STATE OF WEST VIRGINIA, COUNTY OF TO-WIT: I, after being first duly sworn, depose and state as follows: 1. I am an employee of and, (Company Name) 2. I do hereby attest that (Company Name) maintains a valid written drug free workplace policy and that such policy is in compliance with West Virginia Code The above statements are sworn to under the penalty of perjury. By: Title: Company Name: Date: Taken, subscribed and sworn to before me this day of By Commission expires (Seal) (Notary Public) THIS AFFIDAVIT MUST BE SUBMITTED WITH THE BID IN ORDER TO COMPLY WITH WV CODE PROVISIONS. FAILURE TO INCLUDE THE AFFIDAVIT WITH THE BID SHALL RESULT IN DISOUALIFICATION OF THE BID. Rev. August 2013 164CSR1 School Building Authority of West Virginia CONTRACT SERVICES RESPONSIBILITIE S For Owner, Architect, and Construction Manager SBA FORM 189 SERVICE TASKS 1 SITE EVALUATION / SELECTION Archeological Survey Services (WV Dept. of Culture & History) COUNTY Request & PO 2 Geotechnical Survey Services Request & PO 3 4 Boundary Survey Services Topographical Survey Services Request & PO Request & PO 5 Utility Survey Services Participants 6 Site Accessibility Study (including DOH Review) Participants 7 Property Acquisition Acquires ARCHITECT Assists Provide Building Layout Assist Assist Originate, Coordinate Originate, Coordinate Recommends For Program PLANNING 8 SBA CEFP Amendments 9 SD, DD & CD Design Schedule (Coordinate with SBA) 10 Master Project Schedule Verify Existing Building Layout & Dimensions Project Budget / Building Cost 12 Assessment 11 13 Monthly Project Reports 14 Monthly Team Meetings Reviews & Approves Reviews & Approves Reviews & Approves Originates Reviews, Comments Reviews, Comments Assists Originates Reviews & Approves Reviews & Approves Participants Reviews & Implements Review Participants 15 Project Website (if applicable) Program of Requirements (to be 16 developed with the SBA Staff) 17 Testing & Inspection Services Asbestos Consultant (if 18 applicable) Commissioning Agent (if 19 applicable) Maintains Provides Info Originates Implements Request & PO Review Request & PO Tech Direction 20 Printing Services Reimbursement DESIGN SD, DD & CD Design Drawings (Reference SBA Project 21 Submission Requirements - SBA 176) 22 Document Coordination Technical Specifications Div. 2 - 17 23 (Reference SBA Project Submission Requirements) 24 Life Cycle Cost Analysis 25 26 27 28 29 Conceptual Furnishing & Equip Layouts Furnishing & Equipment Bidding Documents Technology Plan (Included with DD Phase Submission) Safe School Design Review (Reference SBA Appendix I) Monthly Team Meetings 30 SD, DD & CD Cost Estimates 31 Set DD & CD Bid Packaging Value Engineering Analysis (Cost Savings) Agency Review Submissions (Fire 33 Marshall, DEP, Health Dept., etc.) Building Permit Submissions (if 34 applicable) Cost & Schedule Document 35 Constructability Review 32 36 Develop Bid Alternates 37 Set Bidding Schedules Request & PO RFP & Tech Direction Performs & Distributes Reviews & Approves Originates Authorizes Originates Reviews & Approves Originates Reviews & Approves Reviews & Approves Reviews & Approves Originates & Advises Originates Incorporates Review And Comments Participants Reviews & Approves Reviews & Approves Reviews & Approves Originates Originates Originates Participants Reviews & Comments Reviews & Comments Reviews & Implements Reviews Originates Approves Originates Reviews Reviews & Approves Reviews & Reviews & Implements Reviews & Implements Reviews & 164CSR1 38 39 40 41 42 43 44 (Coordinate with SBA) General Requirements Specifications - Div. 01 BIM Documentation (See SBA 191) BIDDING / AWARD Develop Bidders Lists Bidding Advertisement Pre-Bid Meeting (Including SBA pre-bid reminders) Bid Opening Bid Tabulations & Post Bid Forms (including submission to SBA) 45 Post Bid Evaluation Meeting 46 Bid Recommendation for Award 47 Construction Contracts CONSTRUCTI ON BIM Documentation (See SBA 48 191) 49 Pre-Construction Conference 50 Construction Schedules 51 Construction Phasing 52 Daily On-Site Observations Monthly On-Site Observations by 53 Architect / Engineer (SBA Requirements) Weekly Trade Coordination 54 Meetings 55 Bi-Weekly Progress Meetings Monthly BIM Coordination 56 Meetings (See SBA 191) Approves Reviews & Approves Comments Participates Originates Reviews Publishes Conducts Reviews & Approves Participates & Approves Reviews & Approves Reviews & Approves Reviews Assists & Reviews Conducts & Records Assists & Attends Reviews & Comments Advises & Recommends Reviews & Concurs Reviews & Comments Participates Originates Attends Reviews & Approves Reviews & Approves No Applicable Service Attends & Assists Reviews & Comments Reviews & Comments No Applicable Service No Applicable Service Performs & Reports No Applicable Service Attends No Applicable Service Attends Attends & Participates Attends & Participates Reviews & Certifies No Applicable Service Attends Participates 57 Pre-Installation Meetings No Applicable Service 58 Contractor Payment Applications Approves & Pays 59 Contractor Certified Payrolls Reviews & Files Reviews & Assists 60 Shop Drawings & Product Data 61 Contractor Requests for Information No Applicable Service No Applicable Service 62 Decisions on Contractor Claims Approves 63 Contractor Change Requests Approves 64 Contractor Time Extensions Approves & Accepts 65 Construction Defects Participates CLOSE-OUT Final Completion Checklist / Punch 66 list 67 68 Project Closeout Procedures (including SBA 178) BIM Documentation (See SBA 191) POST OCCUPANCY 66 11-month Warranty Follow-up 67 Maintenance & Energy Report (SBA 179) SBA 189 9/2015 Reviews & Accepts Receives & Executes Documents Reviews & Accepts Participates & Approve Compile & Submit Reviews & Approves Reviews & Responds Reviews, Approves & Recommends Reviews & Recommends Reviews & Recommends Identifies & Recommends Identifies & Recommends Receives & Transmits To Owner Reviews & Confirms Conducts No Applicable Service 164CSR1 School Building Authority of West Virginia BUILDING INFORMATION MODELING (BIM) GUIDELINES AND STANDARDS FOR ARCHITECTS, ENGINEERS, AND CONTRACTORS SBA FORM 190 This BIM Guideline and Standard applies to School Building Authority projects funded beginning December 2015 based on the following criteria:   Required on all new construction with a total project funding of $10 million or greater, and on any project that has already been delivered with a BIM requirement. The School Building Authority goal is to implement BIM for design and construction of future SBA Funded projects as follows: o New School Construction Projects beginning in December 2015. o All New School Construction and Major Addition and Renovation Projects beginning in December 2016. o Implementation of BIM on all projects beginning December 2017. o BIM modeling information data provided to the owners for use in their preventative maintenance data bases state wide by 2019. For more information and updates on SBA BIM guidelines and standards, please visit our website: http://www.sba.wv.gov/ 1. General Requirements 1.1. Objectives and Application – Architecture and Engineering Design Professionals Note: The Design Professionals are responsible for the development of all design models to Level300 as outlined in the most current “BIMFORUM Level of Document Specification.” 2. Model Quality 2.1. The Design Team shall establish and use in-house modeling quality control guidelines and exchange protocols. Good BIM practices may include, but are not limited to:  Use of element and component objects that embed the best practices of the firm.  Maintenance of parametric linkages within the model at all times.  The building envelope needs to be "air-tight" and correct to help support energy modeling activities and simulations.  Use industry standard defined nomenclature for objects and spaces. (IFC, COBie)  Use appropriate and interoperable viewing, checking, and output file formats 2.2. The SBA reserves the right to request and obtain a written copy of these policies. 2.3. Interference test(s) must be performed on the following: Authoring Software for final check: Interference Test(s): Software with this function: M&P Model Duct vs Duct Pipe vs Pipe Duct vs Pipe Duct vs Struct Duct vs Elec Duct vs Ceilings Mech Equip vs (all) Revit BIM Glue Navisworks Manage Navisworks Manage Elec Model Elec vs Duct Elec vs Pipe Elec vs Struct Elec vs Fire Protection Lights vs Duct Lights vs Pipe Elec Equip vs (all) Revit BIM Glue Navisworks Manage Navisworks Manage Structural Struct vs Duct Struct vs Pipe Struct vs Elec Revit BIM Glue Navisworks Manage Navisworks Manage Architectural Ceiling vs Duct Revit BIM Glue Navisworks Manage Navisworks Manage *Federated Model In Navisworks M&P vs Struct Elec vs Struct M&P vs Elec Duct vs Ceilings Navisworks Manage Navisworks Manage 164CSR1 *Federated model is all of the project 3D models (A, M, E, P, S) merged together in proper orientation. 3. Design Team Deliverable Schedule and Milestones The submittal schedule along with the milestones for any given project is listed below: Model Name: Model Content: Project Phase: Reviewing Company: Authori ng Tool: DesignIntent Coordinat ion Models Architectural, Civil, Structural, and MEP components of main building and other associated structures (as necessary for proper construction coordination and assembly of building systems/compone nts). (as specified under AIA E203 LOD 100 (Landscape), LOD 200 (Civil) and LOD 300 (Arch/Struct/MEP) Design Develop ment and Construct ion Documen ts Architect, Civil Engineer, Structural Engineer, MEP Engineer, Other Consultants as needed Autodesk ® Revit® software, other programs to be submitte d for approval to A/E and CM. (Current Versions) Architect ural Model Architectural components of main building and other associated structures (as necessary for proper construction coordination and assembly of building systems/compone nts). (as specified Design Develop ment and Construct ion Documen ts Architect Autodesk ® Revit® software, other programs to be submitte d for approval to A/E and CM. (Current Versions) under AIA E203 LOD 300) Structural Model M/E/P/R/F P Model(s) Structural components of the proposed building, including foundations, basic connections (steel detailing by Prime Contractor), framing details, and associated elements that are designed by the Structural Engineer. (as specified under AIA E203 LOD 300) Design Develop ment and Construct ion Documen ts Structural Engineer M/E/P/R/FP system components of the existing building design, including objects, elements that are designed by the M/E/P/R/FP Engineer(s). (as specified under AIA E203 LOD 300) Design Develop ment and Construct ion Documen ts MEP Engineer, Other Consultants as needed Milestone Conceptualization Phase Autodesk ® Revit Structure ® software, Tekla Structure s, Bentley Structura l Modeler, other programs to be submitte d for approval to A/E and CM. (Current Versions) Deliverable Architectural Massing Model Autodesk ® Revit MEP® software, other programs to be submitte d for approval to A/E and CM. (Current Versions) 164CSR1 Schematic Design Phase Architectural Model Initial Collision Report Square Foot Cost Analysis (Upon Request) Design Development Architectural Model MEP Model or Models Structural Model Discipline Collision Report Program Validation Construction Documents Architectural Model MEP Model or Models Structural Model Pre-Bid Collision Report 4. Design Phase Application – Architecture and Engineering Design Professionals 4.1. Schematic Design Phase (Criteria Design) 4.1.1. General The Design Team may use any method to begin the design process but shall be using a BIM authored model(s) by completion of this phase. All information needed to describe the schematic design shall be graphically or alphanumerically included in and derived from these models. The SBA expects the Design Team to use analysis tools, static images and interactive 3D to describe the design concepts. Deliverables are required as stated in Section 3. 4.1.2. Program and Space Validation The Design Team shall use the BIM Authoring software or other analysis tools to compare and validate stated program requirements (normally provided by the SBA and the County Board of Education) with the actual design solution. The following shall be developed automatically from the building information model:  Assignable Areas (ASF) and Non-assignable Areas (NaSF) measured to inside face of wall objects and designated boundaries of areas.  Gross Area (GSF) measured to the outside face of wall objects. 4.2. Design Development Phase (Detailed Design) 4.2.1. General The Design Team shall continue development of their Building Information Model. Parametric links shall be maintained within the models to enable automatic generation of plans, sections, elevations, custom details and schedules as well as 3D views. All information needed to describe the “detailed design” shall be graphically or alphanumerically included in and derived from these models only, except for the Specifications. All documentation of the models happening outside of the BIM Authoring software, must be linked to all other documentation created creating one cohesive model from all sources of information. The quality of the models shall be as stated in Section 2.3. 4.2.2. Architectural Systems The model should include the following architectural elements to a level that defines the design intent and accurately represents the design solution:  New interior and exterior walls including but not limited to: o Doors, windows, openings o Interior and exterior soffits, overhangs, sun control elements o Parapets, screening elements o Architectural precast All finishes need to be included within the wall type regardless of the thickness of the finish  Floor, ceiling and roof systems including but not limited to: o Appropriate structural items listed below if not provided by the structural engineer and integrated into the architectural model for coordination and document generation. o Insulation, ceiling systems, and floor are to be included. o Roof, floor and ceiling slopes, if needed, shall be modeled. o Soffits, openings, and accessories will also be modeled.  Elevators, stairs, and ramps (including railing systems)  Fixtures, and equipment (if not provided by others and integrated into the architectural model for coordination and document generation.) o Specialty equipment (food service, medical, etc) o Model mechanical, electrical and plumbing items that require architectural space (toilets/sinks/etc), require color/finish selection (louvers, diffusers, etc.) or affect 3D visualization (lighting fixtures) unless provided by engineers. 164CSR1  Clearance zones for access, door swings, service space requirements, gauge reading, and other operational clearance must be modeled as part of all equipment and checked for conflicts with other elements. These clearance zones should be modeled as invisible solids within the object. 4.2.3. Structural Engineering The model should include the following structural elements:  Foundations such as: o Spread Foundations o Caisson Foundations o Pile Foundations o Mat Foundations o Load-bearing Wall Foundations  Framing such as: o Steel Columns (with correct shape and size) o Steel Floor C-Joists o Open Web Joists o Joist Girders o Steel Beams (with correct shape and size) o Precast Concrete Elements (Hollow Core Plank may be modeled as a slab unless the hollow core is being used for mechanical systems and coordination with those systems needs to occur) o Cast-In-Place Concrete Elements o Floors including overall extents and openings o Model overall thickness of wood floor systems o Wood Posts/Column o All other Joists o Wood Trusses o Solid Wood or Laminated Beams  Wall Types including openings o Load Bearing Walls – for calculations only (Masonry, Concrete, Cold-Formed Steel, and Wood) o Model overall thickness of Cold-Formed Steel and Wood Stud walls (individual members may be modeled at the Design Team’s option) o Structural Foundation Walls including brick ledges  These items may be modeled at the Design Team’s option: o Steel reinforcing in concrete o Embeds in concrete  Miscellaneous Steel o Angles for openings, deck bearing, etc. o Channels for mechanical units needed for coordination reviews between structural and mechanical o Lintels (unless considered a major member) 4.2.4. HVAC Systems The model should include the following HVAC elements at a minimum:     Equipment o Fans, VAV’s, compressors, chillers, cooling towers, air handlers etc. Distribution o Supply, return, exhaust, relief and outside air ductwork modeled to outside face dimension or duct insulation (whichever is greater) o Diffusers, grilles, louvers, hoods, radiant panels, perimeter units, wall units Pipes 3/4” diameter and larger, include any insulation in model. Unless otherwise noted and approved by the BIM Execution Plan. Clearance zones for access, door swings, service space requirements, gauge reading, and other operational clearance must be modeled as part of the HVAC equipment and checked for conflicts with other elements. These clearance zones should be modeled as invisible solids within the object. 4.2.5. Electrical Systems The model should include the following electrical elements at a minimum:  Power and Telecommunications o Interior and exterior transformers, emergency generators, and other equipment o Main and distribution panels and switchgear including access clearances o Main IDF’s o Feeders, cable trays, and conduit larger 3/4”diameter and larger. Unless otherwise noted and approved by the BIM Execution Plan.  Lighting o Permanently mounted lighting fixtures (moveable, plug-in fixtures need not be modeled as part of the electrical package unless needed for plug load calculations or for estimating purposes within a loose 164CSR1    furnishings package. Should be discussed and agreed upon within the BIM Execution Plan) o Ceiling Mounted Lighting Controls o Junction Boxes Fire Alarm and Security Systems o Input devices o Notification devices o Associated equipment and access clearances o Permanently mounted fixtures Building Controls Clearance zones for access, door swings, service space requirements, gauge reading, valve clearances, installation and other operational clearances must be modeled as part of the electrical equipment for collision checking. These clearance zones should be modeled as invisible solids within the object. 4.2.6. Plumbing and Fire Protection The model should include the following plumbing and fire protection elements at a minimum:      Waste and Vent Piping sized at 3/4” diameter and larger, includes any insulation in model. Unless otherwise noted by the BIM Execution Plan. o Roof and floor drains, leaders, sumps, grease interceptors, tanks, water treatments and other major items. Supply Piping 3/4” diameter and larger, includes any insulation in model. Unless otherwise noted and approved by the BIM Execution Plan. o Domestic Booster Pumps Fixtures: sinks, toilet fixtures, water tanks, floor sinks Fire protection o Sprinkler lines 3/4”diameter and larger o Sprinkler heads, Fire Protection Pumps o Stand pipes, wall hydrants, fire department connections, risers, including valve clearances Clearance zones for access, service space requirements, gauge reading, valve clearances, installation and other operational clearances must be modeled as part of the plumbing and fire protections system and checked for conflicts with other elements. These clearance zones should be modeled as invisible solids within the object. 4.3. Construction Documents Phase 4.3.1. General The Design Team shall continue development of the models created in the Design Development Phase. Parametric links should be maintained within the respective models to enable automatic generation of all plans, sections, elevations, custom details, schedules and 3D views. All information needed to describe the “Execution documents” shall be graphically or alphanumerically included in and derived from these models only. Specifications are not required to be linked within the models. Model quality shall be as stated in Section 2. 4.3.2. Pre-Bid Collision Reports See section 2.3. Submit at 95% Construction Document Submittals 4.4. Bidding Phase 4.4.1. General The Design Team shall update the models with all addendum, accepted alternates and/or value enhancement proposals. Upon completion of these updates, the design team shall reevaluate the collision report and resolve any and all conflicts prior to construction. 4.4.2. Contractor Bidding Contractors who are bidding on this project are to review the BIM Execution Plan, and the SBA Building Information Modeling (BIM) Guidelines and Standards for Architects, Engineers, and Contractors before bidding. Contractor will follow the guidelines and requirements as set forth by the BIM Execution Plan. 4.4.3. Construction Documents Deliverable Ten days after the project is awarded for construction, the Design Team shall submit to the Construction Manager’s/Contractor’s Office one set of the Construction Document Deliverables. This deliverable shall consist of CAD files representing every sheet in the Bid Documents. Each sheet is to have its own unique file. Native word processing files (Word or WordPerfect) for all specifications shall also be included. Any addenda files in their native format shall also be included. Final payment for services rendered during the bidding phase is contingent upon approved acceptance of these documents. 164CSR1 5. Objectives and Application – Construction Team Members Note: All Prime Contractors are responsible for the development of all construction models to Level 400 as outlined in the “BIMFORUM Level of Development Specification.” When applicable, models shall be forwarded to the construction manager for coordination and incorporation in to As-Built Drawings. 5.1. Construction Phase 5.1.1. General The Design Team is expected to continuously maintain and update the design intent model(s) with changes made from official Construction Change Directives. As-built mark-ups shall be maintained on site by the Contractor(s) during construction. At an interval that is decided within the BIM Execution plan or at minimum once a month during construction the updated design intent model will be published and posted to the “cloud” based project collaboration site for each project. Model Name: Model Content: Project Phase: Reviewing Company: Overall Construction Coordination Model(s) Coordinated Design-Intent Model through Clash Detection sessions, includes Site Logistics and phasing (optional), 4-D scheduling (optional); model will be populated with O&M information as a deliverable to Owner. (as specified under AIA E203 Construc tion Docume nts and ongoing through Construc tion Phase A/E to deliver Design-Intent Models at outlined LODs to CM. CM becomes model owner during construction coordination process. Prime Contractors model their respective scopes of work in 3D and produce coordination models. Authori ng Tool: Autodes k Revit, Autodes k Naviswo rks, Microsof t Project, Primave ra P6, other program s to be submitt ed for approva l to A/E and CM. LOD 400) Prime/Subcon tractor Coordination Model(s) All specific components of the Prime/Subcont ractor’s scope of work to interface with the Construction Coordination Model, models are developed by Primes/Subs and coordinated by the Lead Contractor (HVAC) and CM. (as specified under AIA E203 LOD 400). Primes/Subs required to submit models are: Structural Steel, HVAC, Electrical, Plumbing, Fire Protection, Geothermal (coordinate paths and locations in 3D), Technology (coordinate paths and locations in 3D). (Current Versions ) Construc tion Docume nts and Contract or Coordina tion Meeting s Models created and presented by each Prime/Subcon tractor, models managed by Lead Contractor (HVAC) and CM; A/E participates as needed during coordination. HVAC Contractor is Lead Prime for Navisworks Manage 3D coordination. Autodes k Civil 3D, Autodes k Revit Structur e, Autodes k Revit MEP, Autodes k Naviswo rks, other program s to be submitt ed for approva l to A/E and CM 164CSR1 Milestone Construction Phase (Contractor) Deliverable Discipline Specific Coordination Models Construction Phase (Design Team) Shop Drawing Models (If Applicable) Fabrication Models As-Built Markups (3D dwf/pdf or 2D dwf/pdf format) Scheduling and Phasing Models Current As-Built Models for Each Discipline Team Responsible: Detailed Special Instructions: Construction Manager, BIM 3D Construction Coordination through Navisworks Manage 2016 (NAV) The BIM 3D Construction Coordination Process will be managed by the Construction Manager and assisted by the CM, HVAC Contractor, the Architect and their consultants (A/E). The CM will coordinate 3D information as submitted by the prime/subcontractors using Autodesk Navisworks Manage 2016. The HVAC Contractor will be the Lead Contractor responsible for the physical coordination of the Prime Trade Contractors’ 3D models using Navisworks Manage 2016, with oversight from the CM. The CM is responsible for overseeing construction coordination and clash detection only; The CM will not provide design work or modeling work to assist prime/subcontractors. Prime/subcontractors are required to submit 3D model information that is generated from/based off of their 2D coordination drawings, which is a required submittal for this project. Prime/subcontractors are required to participate in BIM Coordination Meetings with the CM and A/E. Primes/subcontractors must supply their coordination drawings in a 3D format as listed in the above specifications. If the Prime/subcontractor utilizes a 3rd party consultant for their coordination drawings, said consultant is required to attend coordination meetings with the CM and A/E. Construction Manager (CM) The CM shall assess with receiving necessary photos, issues and descriptions to generate RFI’s for the submission to the project architect. 5.1.2. Construction Models 5.1.2.1. General These models could include fabrication models, coordination models, or shop drawing models. These models will now be referred to as the Construction Models. 5.1.2.2. Modeling Requirements The Construction Models should reflect the exact geometric properties of the materials and/or systems being submitted. These models should reflect the exact material properties and performance data. 5.1.2.3. Deliverables All Prime Contractors shall submit all models to the Construction Manager/Contractor in both a Navisworks format and a 3D DWF format. These models should be updated after each project coordination meeting or as changes occur in the field during construction. 5.1.3. Coordination Meetings 5.1.3.1. General The contractor shall submit a plan to the Owner for review, prior to the start of construction that outlines the process for concurrent as-built documentation. Concurrency is mandated. Methods for recording as-built information are left to the discretion of the contractor. Potential options include traditional methods, and/or periodic laser scanning of completed or partially completed primary systems coordinated with the sequence of construction. Primary systems fall into two categories: Primary Architectural Systems include, but may not be limited to: Partition systems with structure, flooring systems, major HVAC, piping, sewerage and /or conduit systems, partition systems with bulkheads, partition systems with expansion control, vertical transportation systems with primary engineering systems, horizontal ceiling systems with window 164CSR1 openings, bulkheads, partitions, lighting, fire protection and HVAC outlet locations, exterior skin systems with window openings, structure, roof edge conditions, parapets, roof penetrations, and equipment locations. Primary Engineering Systems include, but may not be limited to: structural framing, primary HVAC duct runs, primary fire protection main runs, primary electrical conduits (larger than ¾” diameter), ceiling grid layouts, primary data, audio/visual, security and communication distribution systems (cable trays, etc.). 5.1.3.2. Projects With Active BIM Models at the Start of Construction If BIM models are provided by the A/E at the start of construction, the contractor shall use those models in support of the objectives noted in 4.6.4.2. 5.1.3.3. Coordination With The Design Team, Construction Manager, and Owner On no less than a biweekly basis the contractor shall include the project model manager, (architect’s or other) in a coordination established for the purpose of assessing and / or executing FM/PM data transfers from the construction process into the model. The data transfer shall be coordinated with the Owner representative and the architect’s model manager (when feasible) and be based on the FM/PM objectives as defined in the BIM Execution Plan and project program. 5.1.3.4. Deliverables Coordination files should be created at all critical coordination milestones. This record format will document a coordinated section of the model, either by area of the building or between specific critical trades. The Collision report showing all applicable collisions as either Approved or Resolved along with the coordination file shall be uploaded together to “cloud” based project collaboration environment. A text document shall also be uploaded which describes and references the approved coordination file with respect to what has and has not been coordinated. These deliverables shall be provided to the Construction Manager for verification. 5.1.4. Collision Reports The Contractor is to utilize software designed to provided collision reporting. Collision reports from the software should be published weekly in a standard XML, HTML, or Text format. These reports shall include the following information at a minimum:  Description of Collision Report  Date of Collision Report Run  List of all Collisions detected, their status, and their proposed solution. 5.1.5. Concurrent As-Builts 5.1.5.1. General The contractor shall maintain concurrent as-built documentation monthly. Concurrency is maintained and is subject to progress payments. Primary systems include, but may not be limited to: structural framing, primary HVAC duct runs, primary fire protection main runs, primary electrical conduits (¾” diameter and larger), ceiling grids layouts. 5.2. Project Close-Out Milestone Project Close-Out (Design Team) Project Close-Out (Contractor) Deliverable As-Built Models Record Document Project Drawings (.pdf format) Record Document Drawings (3 sets on paper) Scanned Field Set Drawings – As Builts (.tif format) O&M Manuals (paper/.pdf/excel format) Coordination Models in their native file format 5.2.1. Design Team As-Builts The Design Team shall update their respective models with contractor recorded changes (Record Documents). Republish record documents in paper, .dwg and .pdf formats. 5.2.2. Contractor Record Documents The contractor shall submit one set of paper as-built drawings (Record Documents) at substantial completion. 5.2.3. O&M (Operations & Maintenance) Manuals 164CSR1 The Construction Manager/Contractor shall submit the following information to the County Board of Education – two paper copies in binders of the O&M Manuals: (1) the make, model and serial number of each piece of installed equipment, (2) the location of any equipment installed in the building, and (3) manufacturer’s documents including cut sheets, installation instructions, and recommend maintenance tasks, testing or other reports. An electronic format of the O&M manuals shall also be submitted along with the paper copies, the format shall be color PDF and native Excel files (at substantial completion). 5.2.4. Project As-Built and Record Document Deliverable Matrix The following matrix outlines the various As-Built and Record Documents deliverables that are required with the associated responsible parties. Deliverable Operations & Maintenance Manuals (O&M) As-Built BIM Model(s) – By Contractor, Construction Manager Respon sible Party CM, C Quan tity For mat 2 sets binde At Substantial rs Completion CM, C 1 set .rvt Due Date Prior to Final Payment Responsible Parties C = Contractor CM = Construction Manager (On multiple-prime projects where a CM is used, the CM shall be responsible for the above listed items) 6. Ownership and Rights of Data The Architect has ownership of all CAD files, BIM Models, and Facility Data developed for the Project through the completion of Construction. At the end of Construction, The SBA and/or the County Board of Education has ownership of all CAD files, BIM Models, and Facility Data developed for the Project. The SBA and/or County Board of Education may make use of this data following any deliverable. 7. Terminology A As-Built Documents As-built documents are the collection of paper drawings or electronic drawings that typically reside in the contractor’s onsite trailer that contain mark-ups, annotations, and comments about changes that have been made to the contract documents during the construction phase. As-Built Model Design Intent Models that have been updated throughout the construction process. These changes and updates have been communicated from the Contractor to the Design Team through the comments, annotations, and mark-ups from the As-Built Documents. These typically, but not always, are discipline specific models. B BIM Execution Plan (BEP) A plan that is created from the School Building Authority’s BIM Execution Plan Template that is to be submitted thirty (30) days after contract award. The BEP helps to define roles and responsibilities within a project team. D Design Team The Design Team is considered to be the Architect and all of the consultants that provide design services for a project. These design services can be rendered at any time during the project. .DWF .DWF is a file type that was developed by Autodesk to be locked file for drawing sheets and model data. It can be used as a file transfer for estimating data, markups, and other third party software. It can be a combination of 3D and 2D information within the same file. .DWG .DWG is a native AutoCAD file format. It is a widely used file format for exchanging drawing information and 3D information to different programs. While not a database file type, it still has lots of uses for exchanging information. L LEED The Leadership in Energy and Environmental Design (LEED) Green Building Rating System is a suite of standards for environmentally 164CSR1 sustainable construction. Based on a point system, a building can achieve different ratings based on the performance of the design, construction, and operation of the building. N Navisworks Navisworks is software that allows for the viewing of multiple model formats. This ability to “view” these files also allows for Navisworks to simulate the interaction between model files. That includes collision reporting, time lining, and coordination. .NWC An .NWC file is a Navisworks Cache File that is used by Navisworks to quickly read many other file types. All linked files in Navisworks have an .NWC file created automatically. In addition, Revit will export directly to the very small file type of .NWC for quick access by Navisworks. .NWD A much larger file than the .NWC, the .NWD file shows a snapshot in time of a Navisworks file. No linked files exist but all geometry is included. .NWF The .NWF file is a native Navisworks file which has all linked files, clashes, markups, animations, schedules, etc. O Open Architecture Open Architecture is a concept of creating a framework that helps to describe a common set of rules for how a project is created. This includes what types of software, the interoperability of the information, and how the participants interact with each other. This is different than open standards because it promotes progress without anchoring forward thinkers to a rigid standard. P Phases The phases of a project can be describe in two different ways as the adoption of IPD terminology starts to penetrate the BIM Execution Plan and the IPD Methodology Plan. Below is a list of the traditional names followed by the IPD name: Pre-Design/Conceptualization Phase Schematic Design/Criteria Design Phase Design Development/Detailed Design Phase Construction Documents/Implementation Phase R Record Drawing The production of Record Drawings is the capturing of the As-Built Document’s annotation, comments, and mark-ups in a drawing format only. This does not typically include the updating of any models. .RVT An .RVT file is a native REVIT file type. It is also the deliverable file format for all projects. This includes all of the Design Team’s models. 164CSR1 School Building Authority of West Virginia BUILDING INFORMATION MODELING (BIM) EXECUTION PLAN SBA FORM 191 Section 1: General 1.0 Alignment with Organizational Vision In the space provided below, read our organizational vision statement and see how the implementation of BIM technologies can enhance your business. Organization Vision Statement: The SBA embraces BIM (Building Information Modeling) as a core best practice for ensuring the very highest return on investment over the entire lifetime of a facility, continuing to pay dividends long after the last milestone in the design and construction phases have been completed. BIM Enhances Vision: Building Information Modeling (BIM) is the process of generating and managing building data during its life cycle. Typically it uses threedimensional, real-time, dynamic building modeling software to increase productivity in building design and construction. The process produces the Building Information Model (also abbreviated BIM), which encompasses building geometry, spatial relationships, geographic information, and quantities and properties of building components. BIM Alters Vision: BIM technologies allow for enhanced collaboration across the board in the CM-Agent, Design-Build and Integrated Project Delivery (IPD) project delivery methods. 1.1 Project Description Enter key information about the project below. Include the project name, owner’s project number, address, project description, and areas of the project that will and will not be modeled. Project Name: CM Project Number: Project Address: Project Description: Areas Modeled: Purpose of BIM Implementation: The purpose for BIM Implementation on this project is to allow for enhanced coordination of the project design through construction operations to achieve a more efficient process. The BIM process serves to allow for visualization of design and construction elements, increase communication between the design team and the construction team, more accurate coordination of installed systems and components, reduction in errors and oversights normally found in field conditions and mis-coordination, and a higher quality installation of product and deliverable as-builts for record for the Building Owner. 1.2 Project Goals and Objectives Below, are some objectives for using BIM and collaborative project management technology and processes on this project. Also note how you will measure the achievement of each objective, and its target time frame. 164CSR1 Project Goal: Projected Timeframe: Objective: Achieved If: Successful coordination of all building systems using Autodesk Navisworks Manage Software during the Construction Coordination Process Require MEP Primes/Subs to produce 3D models for coordination process, streamline coordination from traditional paper drawing method MEP systems are effectively coordinated when installed, systems are installed on time per the project schedule Per the Project Schedule BIM deliverable to the Owner is a data-rich model used for O&M information / learning tool for Owner to use with students/facul ty A/E develops coordinated designintent model, CM populates construction coordination model with O&M info as submitted and installed by Prime/Subcontractor s Construction Coordination Model is delivered to Owner for use by FM staff at Project Closeout Per the Project Schedule Development of coordinated, successful BIM process and BIM model between the Construction Manager and the Project Team Creating standards and protocols to efficiently collaborate between the A/E and CM team resulting in a project delivery method that improves schedule durations, increases productivity, and reduces costs BIM process can be duplicated in an efficient manner for the next project; BIM model is accurate representatio n of new building and its components Design Phase through Project Closeout 1.3 Project Phases/Milestones In the table below, outline the phases of your project, their estimated start dates, and the stakeholders involved. Project Phase/Milesto ne: Estimated Start Date: Estimated Completion Date: Project Stakeholders Involved: Early Site CD Package Complete TBD TBD Owner, A/E, CM Early Site Pkg Bid/Award TBD TBD Owner, A/E, CM, Prime Trade Contractors Site Construction TBD TBD Owner, A/E, CM, Prime Trade Contractors Entry/Structura l Steel CD Package Complete TBD TBD Owner, A/E, CM Entry/Structura l Pkg Bid/Award TBD TBD Owner, A/E, CM, Prime Trade Contractors Entry/Structura l Pkg Construction TBD TBD Owner, A/E, CM, Prime Trade Contractors Building CD Package Complete TBD TBD Owner, A/E, CM Building Pkg Bid/Award TBD TBD Owner, A/E, CM, Prime Trade Contractors Building Package TBD TBD Owner, A/E, CM, Prime Trade 164CSR1 Construction Contractors Punchlist TBD TBD Owner, A/E, CM, Prime Trade Contractors Substantial Completion TBD TBD Owner, A/E, CM, Prime Trade Contractors Punchlist, FFE and Closeout TBD TBD Owner, A/E, CM, Prime Trade Contractors Final Completion TBD TBD Owner, A/E, CM, Prime Trade Contractors *(all dates subject to change based on Project Schedule revisions as determined by Project Team)* Section 2: Design/Construction Documents 2.0 Model Managers/Collaboration Team List the major members for your project below. Contact Name: Role/Title: Project Architect Mechanical Eng. Electrical Compa ny: Email: Phone: Eng. Structural Eng. Fire Protection Civil Eng. Construction Manager Prime Contractor Prime Contractor Prime Contractor Construction Manager Coordination Manager Mech. Contractor Model Manager 2.1 Planned Models / Reviewing In the table below, outline the models that will be created for the project. List the model name, model content, project phase at which the model will be delivered, the model’s authoring company, and the model authoring tool to 164CSR1 be used. For models that will not be used or created in your project, just leave the row blank; add rows for any model types you anticipate a need for that are not already listed. Authori ng Tool: Model Name: Model Content: Project Phase: Reviewing Company: Design-Intent Coordination Models Architectural, Civil, Structural, and MEP components of main building and other associated structures (as necessary for proper construction coordination and assembly of building systems/compo nents). (as specified under AIA E203 LOD 100 (Landscape), LOD 200 (Civil) and LOD 300 (Arch/Struct/ME P) Design Develop ment and Construc tion Docume nts Architect, Civil Engineer, Structural Engineer, MEP Engineer, Other Consultants as needed Autodes k® Revit® software , other program s to be submitt ed for approva l to A/E and CM. (Current Versions ) Architectural Model Architectural components of main building and other associated structures (as necessary for proper construction coordination and assembly of building Design Develop ment and Construc tion Docume nts Architect Autodes k® Revit® software , other program s to be submitt ed for approva l to A/E and CM. systems/compo nents). (as specified under AIA E203 LOD 300) (Current Versions ) Structural Model Structural components of the proposed building, including foundations, basic connections (steel detailing by Prime Contractor), framing details, and associated elements that are designed by the Structural Engineer. (as specified under AIA E203 LOD 300) Design Develop ment and Construc tion Docume nts Structural Engineer Autodes k® Revit Structur e® software , Tekla Structur es, Bentley Structur al Modeler , other program s to be submitt ed for approva l to A/E and CM. (Current Versions ) M/E/P/R/FP Model(s) M/E/P/R/FP system components of the existing building design, including objects, elements that are designed by the M/E/P/R/FP Engineer(s). (as specified under AIA E203 LOD 300) Design Develop ment and Construc tion Docume nts MEP Engineer, Other Consultants as needed Autodes k® Revit MEP® software , other program s to be submitt ed for approva l to A/E and CM. (Current Versions ) 164CSR1 Overall Construction Coordination Model(s) Coordinated Design-Intent Model through Clash Detection sessions, includes Site Logistics and phasing (optional), 4-D scheduling (optional); model will be populated with O&M information as a deliverable to Owner. (as specified under AIA E203 LOD 400) Construc tion Docume nts and ongoing through Construc tion Phase A/E to deliver Design-Intent Models at outlined LODs to CM. CM becomes model owner during construction coordination process. Prime Contractors model their respective scopes of work in 3D and produce coordination models. Autodes k Revit, Autodes k Naviswo rks, Microsof t Project, Primave ra P6, other program s to be submitt ed for approva l to A/E and CM. (Current Versions ) Prime/Subcon tractor Coordination Model(s) All specific components of the Prime/Subcont ractor’s scope of work to interface with the Construction Coordination Model, models are developed by Primes/Subs and coordinated by the Lead Contractor (HVAC) and CM. (as specified under AIA E203 LOD 400). Primes/Subs Construc tion Docume nts and Contract or Coordina tion Meetings Models created and presented by each Prime/Subcon tractor, models managed by Lead Contractor (HVAC) and CM; A/E participates as needed during coordination. HVAC Contractor is Lead Prime for Navisworks Manage 3D coordination. Autodes k Civil 3D, Autodes k Revit Structur e, Autodes k Revit MEP, Autodes k Naviswo rks, other program s to be submitt ed for approva l to A/E and CM required to submit models are: Structural Steel, HVAC, Electrical, Plumbing, Fire Protection, Geothermal (coordinate paths and locations in 3D), Technology (coordinate paths and locations in 3D). 2.2 Model File Naming Structure List the structure for all model file names: Project name, Trade, Model owner, Date, Revit Version. Model File Names: (Examples): NAMEOFSCHOOL_ARCH_FIRMNAME_9-28-2015_R16 2.3 Model Reference Coordination Check the box for the reference positioning for this project in the table below. Share this with the project team. Reference 0,0, Auto – Origin to Auto – Shared 164CSR1 Positioning: 0 Origin Coordinates Select One ☐ ☐ ☐ 2.4 Link Model Matrix Check the box for the models that will be linked into your authoring software model during design below. Architect ural M&P Electri cal Structu ral Fire Protection Civil Architectu ral ☐ ☐ ☐ ☐ ☐ ☐ M&P ☐ ☐ ☐ ☐ ☐ ☐ Electrical ☐ ☐ ☐ ☐ ☐ ☐ Structural ☐ ☐ ☐ ☐ ☐ ☐ Fire Protection ☐ ☐ ☐ ☐ ☐ ☐ Civil ☐ ☐ ☐ ☐ ☐ ☐ 3D Models 2.5 Steps to a “Clash Free Model” Below is a chart to which you can follow to run an “Interference Check” or “Clash Detective” during the design phase. Run this feature as often as possible. M&P Model Interference Test(s): Software with this function: Duct vs Duct Pipe vs Pipe Duct vs Pipe Duct vs Struct Duct vs Elec Duct vs Revit BIM Glue Navisworks Manage Authoring Software for final check: Navisworks Manage Ceilings Mech Equip vs (all) Elec Model Elec vs Duct Elec vs Pipe Elec vs Struct Elec vs Fire Protection Lights vs Duct Lights vs Pipe Elec Equip vs (all) Revit BIM Glue Navisworks Manage Navisworks Manage Structural Struct vs Duct Struct vs Pipe Struct vs Elec Revit BIM Glue Navisworks Manage Navisworks Manage Architectural Ceiling vs Duct Revit BIM Glue Navisworks Manage Navisworks Manage *Federated Model In Navisworks M&P vs Struct Elec vs Struct M&P vs Elec Duct vs Ceilings Navisworks Manage Navisworks Manage *Federated model is all of the project 3D models (A, M, E, P, S) merged together in proper orientation. 2.6 Precision and Dimensioning In the table below, enter which items’ placement will not be considered entirely accurate and should not be relied on for placement or assembly (from the Design-Intent Model): Items Not to be Considered Accurate for Dimensioning or Placement: 164CSR1 2.7 Exclusions List the objects to be excluded from the design-intent models in the table below: Items to be Excluded from the Coordinated Design-Intent Model (issued for Bidding): 2.8 Contract Documents Place an “X” by the models that will be considered part of the contract documents in the table below. Models to be Considered Part of Project Contract Documents: ☐ A/E Coordinated Design-Intent Model (represents the project bidding documents). ☐ Prime/Subcontractor Coordination Models will be used for Construction Document Coordination, but are still required to submit hard copy of 2D coordination drawings and 2D As-Built Drawings per their Contract Requirements. 3D Coordination Models are required for the BIM Coordination process as per the Project Contract Documents. *Prime/Subcontractor coordination models are required to meet LOD400 requirements. ☐ Federated (combined) Construction Coordination Model with O&M information turned over to the Owner as per the Project Contract Documents (does not require As-Built conditions, RFIs, ASIs, and other changes made during construction to building elements). This model does not replace As-Built hard copy drawings for Record. *This model is the product of the HVAC Contractor’s successful BIM coordination with all other Prime Trade Contractors. ☐ As-Built Construction Model with O&M information embedded into the modeling elements. This model is turned over to the Owner as per the Project Contract Documents. Model includes Architectural revisions (made by the A/E) based on RFIs, ASIs, field changes/conditions, and can be used with basic FM system integration if parameters are outlined by the Owner in advance of final Construction Coordination Model completion. This model does not replace As-Built hard copy drawings for Record. * This model is managed throughout construction by the CM and submitted by the CM to the Owner as a deliverable at the end of the project. 2.9 File Access and Sharing The project Architect shall provide their own “Cloud-base” file sharing site for the design team during the design phase of the project. Fill your information in below: What Cloud-base system: How to get access: Permission Level: Section 3: Construction 3.0 Contract Documents Place an “X” by the models that will be considered part of the contract documents in the table below. Models to be Considered Part of Project Contract Documents: ☐ A/E Coordinated Design-Intent Model (represents the project bidding documents). ☐ Prime/Subcontractor Coordination Models will be used for Construction Document Coordination, but are still required to submit 164CSR1 hard copy of 2D coordination drawings and 2D As-Built Drawings per their Contract Requirements. 3D Coordination Models are required for the BIM Coordination process as per the Project Contract Documents. *Prime/Subcontractor coordination models are required to meet LOD400 requirements. ☐ Federated (combined) Construction Coordination Model with O&M information turned over to the Owner as per the Project Contract Documents (does not require As-Built conditions, RFIs, ASIs, and other changes made during construction to building elements). This model does not replace As-Built hard copy drawings for Record. *This model is the product of the HVAC Contractor’s successful BIM coordination with all other Prime Trade Contractors. ☐ As-Built Construction Model with O&M information embedded into the modeling elements. This model is turned over to the Owner as per the Project Contract Documents. Model includes Architectural revisions (made by the A/E) based on RFIs, ASIs, field changes/conditions, and can be used with basic FM system integration if parameters are outlined by the Owner in advance of final Construction Coordination Model completion. This model does not replace As-Built hard copy drawings for Record. * This model is managed throughout construction by the CM and submitted by the CM to the Owner as a deliverable at the end of the project. 3.1 Special Instructions Review the specific requirements in the table below. Team Responsible: Detailed Special Instructions: CM, BIM 3D Construction Coordination through Navisworks Manage 2016 (NAV) The BIM 3D Construction Coordination Process will be managed by the Coordination Manager and assisted by, HVAC Contractor, the Architect and their consultants (A/E). The CM will coordinate 3D information as submitted by the prime/subcontractors using Autodesk Navisworks Manage 2016. The HVAC Contractor will be the Lead Contractor responsible for the physical coordination of the Prime Trade Contractors’ 3D models using Navisworks Manage 2016, with oversight from the CM. The CM is responsible for overseeing construction coordination and clash detection only; the CM will not provide design work or modeling work to assist prime/subcontractors. Prime/subcontractors are required to submit 3D model information that is generated from/based off of their 2D coordination drawings, which is a required submittal for this project. Prime/subcontractors are required to participate in BIM Coordination Meetings with the CM and A/E. Primes/subcontractors must supply their coordination drawings in a 3D format as listed in the above specifications. If the Prime/subcontractor utilizes a 3rd party consultant for their coordination drawings, said consultant is required to attend coordination meetings with the CM and A/E. Construction Manager (CM) The CM shall assess with receiving necessary photos, issues and descriptions to generate RFI’s for the submission to the project architect. 3.2 Meeting Minutes In the space below, review the types of meetings necessary for the project, meeting host(s), required attendees, and required technology. Meeting Type: Host: Required Attendees: Required Technology: Clash Detection Review Meetings Construct ion Manager (CM) A/E, CM, HVAC Contractor, Prime/Subcontra ctors Internet, Revit, Navisworks Manage, A360, Projector (as needed) 164CSR1 General Progress / Project Meetings Construct ion Manager (CM) CM, Prime Contractors, Architect Navisworks Manage, Large Flat Screen Monitor onsite 3.3 File Access and Sharing Coordination Manager will host the “Cloud-based” service for file sharing. The construction team will have access to documents and be able to upload your models for review. What Cloud-base system: How to get access: Permissions: 3.4 Other Construction Management Business Processes List the modules the Project Team plans to use, including any special instructions and processes, in the table below. Additional Business Process Modules to be Used: Special Instructions or Processes: 3.5 Construction Coordination / As-Built Models List any inclusions or exclusions from the As-Built model content in the table below. Prime Contractor Models / As-Built Model Inclusions: As-Built Model Exclusions: [List special items that will be included in the model above and beyond the Level of Detail specified in section 1.2.3.2.] [List items that will be excluded from the model above and beyond the Level of Detail specified in section 1.2.3.2.] Added Fields (input into the prime contractor models): Serial Number Manufacturer/Model Number Link to Product Data Installer Contact Info Supplier Contact Info Applied to Elements Below: (taken from the AIA E202 Model Element Detail LOD400) 4.3 Model Element Table D30 HVAC (all) D50 Electrical (all) *The model handed off to the Owner will be the Federated Construction Coordination Model (combined models) with O&M information built-in as outlined in the BIM Execution Plan. The CM will attach Prime Trade Contractor O&M info to backend of As-Built Model, once submitted by all Prime Trade Contractors. Prime Contractors are responsible for the above LOD data input into as-built models. *Note: Most Current version of software refers to the level of software required for proper coordination and collaboration between the Project Team members. If software upgrades should be deemed necessary by the A/E and CM to perform proper construction coordination, team members should consult with their software providers to perform the necessary upgrades.* SBA 191 9/2015 164CSR1 School Building Authority of West Virginia CONSTRUCTION MANAGER EVALUATION FORM (Submit For Each Architect/Engineer at the Conclusion of the Project) SBA FORM 192 PROJECT: ______________________________________________________ DATE: ______________ CONSTRUCTION MANAGER: _________________________________________________________ ITE M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 EVALUATION CRITERIA Effectiveness of Project master schedule development and coordination Ability to create and maintain the project budget Accuracy of the project budget Quality and timeliness of the design schedule coordination Contribution to the planning and design meetings Timeliness of the design phase estimates Contribution to the design phase value Engineering Quality of the Constructability Reviews Quality of General Conditions requirements established for bidding Assistance with the creation and execution of construction contracts Ability to manage the construction contractors Willingness to assume responsibilities and resolve construction issues Did the construction manager render fair decisions when construction claims arose Did the construction manager provide complete services with regards to project closeout EVALUATIO N SCORE EVALUATION SCORING: Rate the contractors performance based on the following scale: 5 = Excellent; 4 = Good; 3 = Satisfactory; 2 = Less than Satisfactory; 1 = Unacceptable; N/A = Not Applicable Comments are required if any score is less than 3 EVALUATOR: _______________________________________________ DATE: ________________ SBA REPRESENTATIVE: ______________________________________ DATE: ________________ Each construction manager performing services on SBA projects shall be subject to performance evaluations. This document will be completed by the county representative and the SBA project representative assigned to the project. The SBA project representative will coordinate the evaluation with the county representative and prepare the final evaluation to be kept on file at the SBA office for determination of the construction manager’s ability to perform future construction management service on SBA projects. This document must be submitted to the SBA office at the completion of each construction period. E-MAIL THIS FORM This form may be submitted electronically. Attach a completed form to an e-mail addressed to the specific SBA Project Manager for the affected project. All SBA e-mail addresses are available on our website: sba.wv.gov. COMMENTS: (Required for any score less than 3) - continued REFEREN CE ITEM COMMENT 164CSR1