May 4, 2011 Jenefer Youngfield Utah State Office of Education Utah K-12 Public School Construction Education and Training

Session 1 (8:30 – 9:30 a.m.) SCHOOL CONSTRUCTION PROJECT REQUIREMENTS

Why does the Utah State Office Of Education Oversee Public School Construction?

USOE – OVERSIGHT OF CONSTRUCTION Utah Constitution – Article X Education – Section 3 State Board Of Education. The general control and supervision of the public education system shall be vested in a State Board of Education. Administrative Rule – R277

WHO DO YOU CONTACT AT USOE OF YOU HAVE QUESTIONS OR CONCERNS? Jenefer Youngfield School Construction Specialist

The “process of building, renovation, alteration, improvement, or repair of any public building or public work.” What is Considered Construction?

Any entity who receives state funding, which includes school districts and charter schools. Compliance must also be met with 53A- 20 School Construction– which overrides conflicting language between the two. Who Must Follow Utah State Procurement Codes and Rules?

Does not mean the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property. All procurement and building procedures for facilities must adhere to statute, codes, etc. What is not Considered “Construction?”

The Best Source for School Construction: School Construction Resource Manual: /Facilities/School-Construction- Resource-Manual.aspx

Utah State Office of Education (USOE) The best source of written guidance for undertaking a school construction project in Utah is available through the:

Facilities Planning; School District Building Official (including Charter School Building Officers); Facilities Site Selection; Plan Development; School Construction Resource Manual

School Construction Resource Manual continued… Plan Review/Value Engineering; Bidding Process; Inspection Process; Maintenance and Operation of the Building.

Allowable Construction Delivery Methods The only allowable delivery methods to use in school district or charter school construction: Construction Manager/General Contractor (CM/GC) Design/Build (DB) Design/Bid/Build (DBB)

SCHOOL DISTRICT BUILDING OFFICIALS All school district are required to have a designated building official and charter schools a designated building officer, who is ultimately responsible for oversight of construction to ensure compliance, as outlined in Administrative Rule R CHARTER SCHOOL BUILDING OFFICERS

USOE PRE-CONSTRUCTION, ACTIVE CONSTRUCTION, AND PROJECT CLOSEOUT PROCEDURES

Construction Project Timeline State State Superintendent Signs

SP-4 & SP-5 Form Submission Timeline DUE PRIOR TO CONSTRUCTION COMMENCING!

SP-4 FORM

SP-5 FORM (Revised Version Coming Soon)

(Fee Cannot Be Recovered) USOE may “impose a nonrefundable fine in the amount of one half of one percent of the total construction costs.” R – Failure to Report Construction Projects to USOE Prior to Commencement of the Project:

Examples of One Half of One Percent Nonrefundable Fine Administrative Rule Enforcement – Item C TYPE OF PROJECT TOTAL CONSTRUCTION PROJECT COST TOTAL 0.5% NONREFNDABLE FINE New High School$43,750, Cost $218, New Junior High$27,900, Cost $139, New Elementary$12,025, Cost $60, Classroom Addition$2,089, Cost $10, Kitchen Remodel$775, Cost $3, Parking Lot Addition$285, Cost $1,425.00

SP-8 Submittal Timeline Due Monthly Throughout the Project

Failure to Submit the SP-8 Form Monthly May Lead to Withholding of Monthly Dispersal of MSP Funds. Interruption of Resumption of Funds May be Delayed for 30 Days, After Notice to Resume Funding is Received

SP-8 FORM - Fill Out Completely, Always Include USOE Project Number & Inspector

SP-8 FORM Include (Electronically) All Inspection & Testing Documents (Monthly)

R – Failure to Report During Construction Projects USOE may also “interrupt the Minimum School Program fund transfer 10 percent of the total monthly Minimum School Program transfer amount the first month; 25 percent in the second month; and 50 percent in the third and subsequent months.”

Retention: 53A (6) (a) A local school board may require in the proposed contract that at least 10% of the contract price be withheld until the project is completed and accepted by the board. (This overrides the 5% retention called out in Administrative Rule R33 for schools).

SP-9 and SP-10 Submittals Timeline

SP-9 FORM

What must happen prior to the Certificate of Occupancy (SP-10) Form Being Submitted/Received? ● SP-9 Form Submitted to USOE - the (which can be submitted with the SP-10 Form); ● Copy of the Building Inspector’s Final Inspection Report Submitted to USOE; ● ‘Certificate of Fire Clearance’ prepared by the Utah State Fire Marshal Submitted to USOE a copy of the.

SP-10 FORM

SP-11 FORM (Current Document)

SP-11 FORM New Form Will include Performance Evaluations of the Design Team and those involved in the Major Construction Trades specific to the project. Fashioned after DFCM’s Performance Program

CERTIFICATE OF OCCUPANCY

FAILURE TO OBTAIN A CERTIFICATE OF OCCUPANY The Fire Service and/or the Building Official having jurisdiction where the constructed project is located has the authority to prohibit occupancy of the facility, when a ‘Certificate of Occupancy’ has not been obtained, for both school districts and charter schools.

School Construction and Facility Safety Resources: Administrative Rule R Oversight of School Inspections ○ Utah Code 53A-20 School Construction ○ Utah Code 10-9a-305 Municipal Land Use, Development and Management Act ○ Utah Code 17-27a County Land Use, Development and Management Act ○ Utah Uniform Building Standards Act ○

School Construction and Facility Safety Resources: International Code Council ○ ADAAG Homepage ○ / / Administrative Rule R Construction Management of School Building Projects ○ Administrative Rule R33 Purchasing and General Services ○ Administrative Rule R Design, Construction, Operation, Sanitation, and Safety of Schools ○

School Construction and Facility Safety Resources: Administrative Rule R614-7 Construction Standards ○ Utah Code Commerce and Trade – Agreements - Limitation on retention proceeds ○ Impact Fees – Cities ○ Utah Code 17B Limited Purpose Local Government Entities - Local Districts - Provisions Applicable to All Local Districts - Impact fee resolution ○