Section 300

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.

300.011.  The SBA shall require establishment of a project development schedule by the LEA that includes specific timelines and/or progression dates that fall within the time limitations of the Grant Agreement between the County Board of Education and the SBA.  The project development schedule begins with the SBA notice of grant award.  It is imperative that the project move forward based on the established schedule.  To meet the critical timelines, the LEA shall be required to have all planning, design, and when applicable, construction management professionals under contract and the Educational Plan, including the Program of Spaces, completed within 90 days of the grant award notice.  

300.012.  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 LEA.  Submission requirements are provided on SBA Forms 302-A through 302-D in the SBA Policy & Procedures Handbook.   Major addition and renovation project schedules will be established jointly with the LEA, project Architect, and the SBA based on the size and complexity of the project.

300.02.  Procurement of Architectural/Engineering Services – LEAs shall procure Architectural and/or Engineering services as necessary to design the project and administer required bidding and construction administration duties.  LEAs are required to comply with 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 staff the names of the firms being considered to perform architectural, engineering design, or, if desired, 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 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. 

300.03.  LEAs must use Standard AIA agreements and contract document forms, as modified by the SBA throughout this policy.   Any other modifications negotiated between the grant recipient and A/E or Contractor are subject to the prior written approval of the SBA.  Within these agreements, the term Owner refers solely to the LEA as the LEA enters into agreements with the A/E and Contractor(s) as the Owner and owns the facility.

300.04.  Determination of Project or County-Specific Requirements Within Supplemental General Conditions – As a part of the Construction Document Phase Submission, LEAs shall determine the amounts of project-specific and/or county-specific requirements for Contractor Insurance and Liquidated Damages.  These amounts shall adhere to requirements described in WVBE Policy 8200 – Purchasing Procedures for Local Education Agencies and those required by the West Virginia Board of Risk & Insurance Management (BRIM). 

300.041.  LEAs shall determine minimum insurance limits that are required for the project that meet the LEA’s minimum requirements and applicable BRIM requirements.  As a part of the Contract Documents, LEAs shall determine the amount of insurance that Contractors shall purchase and provide throughout the duration of the project.  These limits shall include, but are not limited to, Commercial General Liability Insurance, Automobile Liability Insurance, Professional/Malpractice/Errors and Omissions Insurance, and any other applicable insurance needed for the project.  When purchased by the LEA, the Contractor(s), Architect, an SBA shall be listed as additional insureds.  When purchased by the Contractor, the Owner (LEA), Architect, and SBA shall be listed as additional insureds.  Builders Risk Insurance shall be provided according to the following rules:  

a.  For new school construction projects with a single Prime Contractor, Builders Risk Insurance shall be provided by the Prime Contractor in an amount equal to 100% of the amount of the Contract.  

b.  For new school construction projects with multiple Prime Contractors, Builder’s risk shall be purchased by the LEA in the amount of the total of all construction contracts.

c.  For renovation projects, the LEA shall purchase Builder’s Risk Insurance as an endorsement to an existing policy or as a separate policy. 

300.042.  LEAs shall determine the amount of liquidated damages the Contractor shall pay to the LEA on a per day basis in the event the Contractor fails to meet the time provisions in the Contract for Construction.  These amounts should be an estimate of actual damages incurred if the project does not open on time.  The SBA shall approve this amount prior to the release of the project to bid.   

300.05.  Upon successful selection of the project’s design team, the lead A/E 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 BIM must be approved in advance by the LEA 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.

f.  The use of a 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 and executed, the contract must be reviewed and approved by the SBA staff. 

300.06.  Project Job Signs and Building Plaques

300.061.  All SBA-funded projects over $1,000,000 shall have project job signs erected at the construction site, unless waived by the SBA staff.  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. Construction details for the signage are provided within the contract documents.

300.062.  Upon completion of any major SBA funded project affecting the building’s square footage, the architect shall design a building plaque for display in a prominent public area of the school.  The typical SBA project plaque design shall include the names of the following people:

a. The Governor;

b. The President of the Senate and the Speaker of the House;

c. The members of the SBA;

d. The Executive Director of the SBA;

e. The SBA staff Representative; 

f. The county superintendent of schools;

g. The members of the county board; 

h. The project Architect / Engineer of Record or Design Firm, and

i.  The Prime Contractor(s). 

300.063.  The SBA shall be contacted for appropriate information to be included and final approval of the job sign and building plaque design before its production. 

300.07.  West Virginia Code §18-9D-16 requires all county boards of education to implement a plan of regularly scheduled reactive maintenance and preventive maintenance for all facilities within the county.  SBA Needs grants and Major Improvement Project funding are contingent upon the implementation of this countywide plan.  

300.071.  As a condition of the Grant, the County must agree to the following:

a.  The County Board will assign sufficient custodial personnel to this facility in order to provide a clean and healthful environment for students and staff.

b.  Custodial staff members will be provided sufficient training required to perform tasks assigned.

c.  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 West Virginia Department of Education Office of School Facilities and Transportation (WVDE OSF&T) will provide technical training and support for the Heating/Ventilating and Air Conditioning (HVAC) Maintenance Plan.

d.  Annual funding will be provided from the county budget to support the maintenance and preventive maintenance plan for this facility.  The WVDE OSF&T technical support staff will be utilized to assist with the creation of the HVAC preventive maintenance plan and its implementation.  

300.072.  An on-site inspection of this facility shall be conducted annually by the WVDE OSF&T in accordance with West Virginia Code §18-9D-16h.  Compliant and non-compliant standards will be identified and reported to the county and the SBA.  The SBA may conduct follow-up visits and in cooperation with the county board of education initiate a plan of improvement. 

300.073.  Failure to 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 WVDE 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.

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