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

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

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

4. 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

5. WHO DO YOU CONTACT AT USOE OF YOU HAVE QUESTIONS OR CONCERNS? Jenefer Youngfield School Construction Specialist 801.538-7669 jenefer.youngfield@schools.utah.gov

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

7. 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?

8. 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?”

9. The Best Source for School Construction: School Construction Resource Manual: http://www.schools.utah.gov/finance /Facilities/School-Construction- Resource-Manual.aspx

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

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

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

14. 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)

15. 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 R277-471. CHARTER SCHOOL BUILDING OFFICERS

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

17. Construction Project Timeline State State Superintendent Signs

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

19. SP-4 FORM

20. SP-5 FORM (Revised Version Coming Soon)

21. (Fee Cannot Be Recovered) USOE may “impose a nonrefundable fine in the amount of one half of one percent of the total construction costs.” R277-471 – Failure to Report Construction Projects to USOE Prior to Commencement of the Project:

22. Examples of One Half of One Percent Nonrefundable Fine Administrative Rule 277-471-9 Enforcement – Item C TYPE OF PROJECT TOTAL CONSTRUCTION PROJECT COST TOTAL 0.5% NONREFNDABLE FINE New High School$43,750,000.00 Cost $218,750.00 New Junior High$27,900,000.00 Cost $139,500.00 New Elementary$12,025,000.00 Cost $60,125.00 8 Classroom Addition$2,089,800.00 Cost $10,449.00 Kitchen Remodel$775,000.00 Cost $3,875.00 Parking Lot Addition$285,000.00 Cost $1,425.00

23. SP-8 Submittal Timeline Due Monthly Throughout the Project

24. 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

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

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

27. R277-471 – 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.”

28. Retention: 53A-20-101 (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).

29. SP-9 and SP-10 Submittals Timeline

30. SP-9 FORM

31. 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.

32. SP-10 FORM

33. SP-11 FORM (Current Document)

34. 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

35. CERTIFICATE OF OCCUPANCY

36. 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.

37. School Construction and Facility Safety Resources: Administrative Rule R277-471 Oversight of School Inspections ○ http://www.rules.utah.gov/publicat/code/r277/r277-471.htm http://www.rules.utah.gov/publicat/code/r277/r277-471.htm Utah Code 53A-20 School Construction ○ http://le.utah.gov/~code/TITLE53A/53A20.htm http://le.utah.gov/~code/TITLE53A/53A20.htm Utah Code 10-9a-305 Municipal Land Use, Development and Management Act ○ http://le.utah.gov/~code/TITLE10/10_09a.htm http://le.utah.gov/~code/TITLE10/10_09a.htm Utah Code 17-27a County Land Use, Development and Management Act ○ http://le.utah.gov/~code/TITLE17/17_27a.htm http://le.utah.gov/~code/TITLE17/17_27a.htm Utah Uniform Building Standards Act ○ http://www.dopl.utah.gov/laws/58-56.pdf http://www.dopl.utah.gov/laws/58-56.pdf

38. School Construction and Facility Safety Resources: International Code Council ○ http://www.iccsafe.org/ http://www.iccsafe.org/ ADAAG Homepage ○ http://www.access-board.gov/adaag/about / http://www.access-board.gov/adaag/about / Administrative Rule R227-454 Construction Management of School Building Projects ○ http://www.rules.utah.gov/publicat/code/r277/r277-454.htm http://www.rules.utah.gov/publicat/code/r277/r277-454.htm Administrative Rule R33 Purchasing and General Services ○ http://www.rules.utah.gov/publicat/code/r033/r033.htm http://www.rules.utah.gov/publicat/code/r033/r033.htm Administrative Rule R392-200 Design, Construction, Operation, Sanitation, and Safety of Schools ○ http://www.rules.utah.gov/publicat/code/r392/r392-200.htm http://www.rules.utah.gov/publicat/code/r392/r392-200.htm

39. School Construction and Facility Safety Resources: Administrative Rule R614-7 Construction Standards ○ http://www.dopl.utah.gov/laws/58-56.pdf http://www.dopl.utah.gov/laws/58-56.pdf Utah Code 13-8-5 - Commerce and Trade – Agreements - Limitation on retention proceeds ○ http://le.utah.gov/~code/TITLE13/htm/13_08_000500.htm http://le.utah.gov/~code/TITLE13/htm/13_08_000500.htm Impact Fees – Cities ○ http://le.utah.gov/~code/TITLE11/11_36.htm http://le.utah.gov/~code/TITLE11/11_36.htm Utah Code 17B-1-111 - Limited Purpose Local Government Entities - Local Districts - Provisions Applicable to All Local Districts - Impact fee resolution ○ http://le.utah.gov/~code/TITLE17B/htm/17B01_011100.htm http://le.utah.gov/~code/TITLE17B/htm/17B01_011100.htm