Section 305

305.01. When determined necessary by the LEA and A/E, and before the project is submitted for SBA funding consideration, the services of a Construction Manager (CMa) may be utilized. These services shall be procured using rules described in WVBE Policy 8200 – Purchasing Procedures for Local Education Agencies.  The CMa will be a professional service 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 CMa shall be contracted directly with the LEA (Owner) and represents LEA and SBA interests on the project. The AIA Standard Form of Agreement Between the Owner and CMa 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 CMa advises the LEA and A/E 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. The CMa shall have a representative present on-site during construction whenever workers are present and performing work.

305.03. The CMa 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 A/E or contractors performing work on the project.

305.04.  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 CMa relating to constructability reviews, document coordination, and estimates of probable cost for all phases of the building design shall be directed to the LEA by the CMa.

305.05. The architect/engineer (A/E) shall submit the design documents to the CMa, the LEA, and the SBA for review comments as required in SBA policy and the design contract. All CMa and LEA / SBA comments must be 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 two percent (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 two percent (2%) may only move forward with LEA and SBA approval.  

305.06.  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 LEA 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.

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