Section 302

302.01.  Upon the successful selection of the Architect / Engineer, the LEA shall enter into an agreement with the A/E using the standard AIA B101-2017 Standard Form of Agreement Between the Owner and the Architect and the SBA Supplementary Conditions to AIA B101-2017 (SBA Form 300).

302.02.  Construction Project Development – The project’s design team shall 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: 

a. Planning Phase

b. Schematic Design Phase

c. Design Development Phase

d. Construction Document Phase

e. Bidding and Negotiation Phase

f. Construction Phase

302.021.  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.  

302.03.  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.  

302.031.  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.  

302.032.  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. 

302.033.  The cost for alternative designs that are not constructed shall be borne by the grant recipient unless approved by the SBA. 

302.034.  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. 

302.035.  Maximum SBA reimbursement for architectural and engineering fees will be in accordance with the most current SBA Architect / Engineer Fee Schedule (SBA Form 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 LEA 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 LEA. 

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.

302.036.  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 LEA-requested design changes after approval is granted to proceed into the Construction Document phase), Construction Administration, and other project development costs.  

a.  The LEA will reimburse the A/E firm for the cost of bidding document printing and distribution to prospective bidders. 

b.  The expense of reproductions, plots, standard form documents, postage, handling, and delivery of Instruments of Service for the LEA’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 Basic Service Fee. 

302.037.  A/E fees relating to construction change orders shall be considered on an individual basis based on the stipulations listed in the SBA’s Architectural / Engineering Supplemental Requirements.

302.038.   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.

302.039.  If the project team determines the services of a Construction Manager (CMa) or Construction Analyst are necessary to add to the project, CMa and/or 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 submit to the LEA and SBA a list of all CMa or construction analyst design / constructability comments that have not been incorporated into the documents.  

b. Should clarification comments made by the CMa 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).

302.04.  Construction Contingency Allowances – Contingency allowances shall be established at two percent (2%) for new construction projects and six percent (6%) for each renovation project. 

302.041.  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 SBA to review the construction documents quality control program the firm has established.

302.05.  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.

302.06.  Design Progress – 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 expenses, project costs must be monitored during the schematic design, design development, and construction document phases.  All contractual agreements with Architects/Engineers or Construction Managers shall 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 SBA staff and the LEA for approval.  The 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 SBA 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 LEA.

c.  Additional design elements including extra square footage, enhanced finishes, or other features which increase the project costs above WVBE Policy 6200 and SBA Quality and Performance Handbook standards will be covered by additional local funds. 

302.061.  All construction projects funded by the SBA are required to be submitted for review to the SBA 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 the associated SBA Project Phase Submission Form.  Detailed estimates of probable cost must be submitted with each phase of the project approval process.

302.062.  Per WVBE Policy 6200, construction projects funded by the SBA are also required to be submitted to the WVDE Office of School Facilities & Transportation for a review related to WVBE and SBA policy compliance and overall constructability.  Architects / Engineers shall review, respond, and, when necessary, reconcile these comments prior to proceeding to the next phase.  Failure to respond to the WVDE OSF&T comments may result in a phase rejection and/or a delayed release of the project to bid.

302.07.  Building Component Requirements – The provisions of the SBA Quality and Performance Standards must be incorporated, where applicable, into building design criteria for all SBA-funded projects.  Deviations from these standards may be acceptable but must receive prior approval from the SBA.

302.071.  With this in mind, design architects and engineers must consider various prioritized options within the building design that address the following:

a. 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; 

b.  The HVAC Testing, Adjusting and Balancing (TAB) agent shall directly represent and is under direct contract with the 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.  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. 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.  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 LEA.

f. Additional SBA funding for project overruns will only be considered if all items listed above are satisfied and additional funds are required in order to award the basic bid to the lowest qualified bidder(s).

g.  The design team shall incorporate safe schools through environmental design philosophies into all new school designs and major renovations.  

h.  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.  

i.  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.

302.072.  Semi-Proprietary Specifications

a. To encourage competitive bidding, the project specifications shall specify not less than three products, materials, or equipment that meet the requirements of the specifications.  The product, material, or equipment used shall comply with the contract requirements.

b. In certain instances, a single product may be the only one that will comply with the specific design/function requirement.

302.08.  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 A/E shall provide preliminary timeframes for construction within the bidding documents. 

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