Section 303

303.01. The LEA shall be required to employ a Clerk-of-the-Works to monitor all construction projects in excess of $750,000 unless waived by the SBA, or an SBA-approved construction management method is being utilized. These services shall be procured using rules described in WVBE Policy 8200 – Purchasing Procedures for Local Education Agencies. Candidates for Clerk-of-the-Works, along with their qualifications, shall be submitted for SBA review prior to final selection by the LEA.  

303.02.  The School Building Authority requires that the clerk-of-the-works be hired 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 these duties full time.

303.03. The responsibilities of the clerk-of-the-works 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. 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.  The Clerk-of-the-works shall be present on-site during construction whenever workers are present and performing work. 

303.04. Duties and Responsibilities of the Clerk-of-the-Works involve, but are not limited to, the following services: 

303.041. 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 SBA project representative immediately if, in the Clerk-of-the-Work’s opinion, work does not conform with the Contract Documents or requires special investigation by the LEA, A/E, or Contractor.

303.043. Monitor the construction progress and assist in the preparation of progress reports required by the LEA or SBA. The Clerk shall be knowledgeable with the SBA’s Construction Schedule Requirements and shall immediately notify the Owner, Architect, and the SBA if he or she recognizes the Contractor fallen out of compliance or conformance with any project documentation requirements, including construction schedule requirements. 

303.044. Review Contract Documents with the Contractor’s superintendent so as to have a complete understanding of the scope of the project.

303.045. Attend project meetings as the LEA’s representative and report to the Owner in writing on the proceedings.

 

303.046. Observe tests required by the Contract Documents.  Review testing invoices, if any, to be paid by the LEA.

303.047. Maintain records at the construction site or as directed by the LEA in an orderly manner in accordance with the LEA and SBA’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.

303.048. Keep a logbook containing project progress and reports and submit reports on the progress of the Contractor’s work to the LEA, and the SBA’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.

303.049. When applicable, observe the Contractor’s Record Drawings at intervals appropriate to the stage of construction and notify the LEA and Architect/Engineer of any apparent failure by the Contractor to maintain up-to-date records. 

303.0410. Review Applications for Payment submitted by the Contractor with the Architect/ Engineer and provide any supplementary information that the A/E may determine to be necessary.

303.0411. When applicable, assist the A/E 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 A/E in reviewing the documentation and record documents to be furnished to the LEA by the Contractor at Substantial Completion, and verify that the Contractor has met the requirements of the Contract Documents for training the LEA’s personnel in the operation and maintenance of all building equipment and systems.

303.0412. When applicable, assist the A/E in final inspection of the work.  Assist the A/E in reviewing the documentation and record documents to be furnished to the LEA by the Contractor upon completion of the work.

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