Arkansas Administrative Code
Agency 203 - Commission for Public School Academic Facilities and Transportation
Rule 203.00.08-003 - AFT 028: Rules Governing Academic Facilities Partnership Program
Current through Register Vol. 49, No. 9, September, 2024
1.00 AUTHORITY
2.00 PURPOSE
3.00 DEFINITIONS - For the purpose of these Rules, the following terms mean:
When a school district is proposing to build an academic facility on an existing campus with existing educational facilities, the Division shall compare the appropriate existing total gross square footage space of the existing facility on the campus to the total gross square footage space requirements of the POR for the proposed new school facility based on the projected student enrollment by grade level. After making the comparison, the school will only be deemed to not be suitable and thus eligible for state financial participation on a proposed facility project for the additional gross square footage space required in the POR not currently available on the school campus. However, the state recognizes that four particular space areas existing in school districts may skew the comparison of existing space to that of the required POR space. Therefore, the Division will not count as existing space that total gross footage area above the required POR standard for the following four areas: Physical Education, Media Center, Student Dining and Performing Arts.
When a school district is proposing to build a new academic facility on a school campus for which the Division determines there are no other currently existing appropriate school facilities or the district is seeking a separate LEA number for the new academic facility, the Division shall compare the total gross square footage required by the POR for the proposed facility for the appropriate student grade population to that currently existing total gross square footage available in the district for the appropriate student grade population less the gross square footage to be demolished as part of the proposed project. After making the comparison the school will only be deemed to not be suitable and thus eligible for state financial participation on a proposed facility project for that additional space required in the POR not currently available in the school district. The State recognizes that four particular space areas existing in the school district may skew the comparison as mentioned above in Section 3.29.1 of these Rules in the "on an existing campus" comparison. As a result, the Division will give the same consideration and not count as existing space that total gross footage area above the required POR standard already existing in the district.
4.00 SUBMISSION PROCESS
* Warm, safe and dry (renovation);
* New facilities;
* Add-ons and/or Conversions;
If the state provides financial participation for an add-on or conversion project, the district must construct any missing component to the POR specification. The district will have to choose a component contained in the POR it does not have and add it, in the following order:
* Academic Core Areas;
* Special Education;
* Student Dining;
* Administrative
The state will not participate in add-on projects concerning gymnasiums, media centers and/or auditoriums if the district already has this space and is in need (according to the POR) of Academic Core Areas, Special Education or Student Dining Areas.
The state will consider the replacement of demolished space to be a prudent and resourceful expenditure of state funds issue. School districts are encouraged to discuss such issues with the state before entering into demolition projects when the districts will be filing applications for state partnership assistance.
School districts applying for state financial participation for projects that support their Facilities Master Plan shall file applications (and approved schematic drawings) using the application forms attached to these Rules as "Appendix A" and which are hereby incorporated into and made a part of these Rules as if fully set forth herein and are listed in the district's Facilities Master Plan. No project shall be considered for state financial partnership participation unless it is included in the district's Facilities Master Plan.
5.00 DIVISION'S EVALUATION AND APPROVAL OF SCHOOL DISTRICT'S APPLICATION
Prioritization of Projects
All warm, safe and dry new construction projects for which the Commission determines that a school district is currently not in suitable condition shall be entitled to receive state partnership assistance in a ranking of first order prior to any other partnership project. Any and all warm, safe and dry projects for which the Commission determines the district is currently in a suitable condition shall not be entitled to any state partnership assistance for that particular project or part thereof. To the extent there is limited funding available, the warm, safe and dry project shall be prioritized according to the school district's Actual Growth and Wealth Index and the campus or district FCI (depending upon the type of project for which the district applies for state partnership assistance) as is done in Sections 5.04.1.2 of these Rules.
The suitability analysis and determination of warm, safe and dry shall be performed as per Sections 3.29.3 and 3.31 of these Rules.
All new construction partnership projects which are approved by the Commission because a school district or campus is currently deemed not suitable shall be ranked and, thus, entitled to receive state partnership assistance in the following order according to the following procedure of ranked order:
First, the Division shall numerically rank all school projects based on a ten (10) year actual growth of student population review with the districts with the greatest percentage of growth being ranked first and districts with the least percentage of student growth ranked last. The growth is measured by showing (on a percentage basis) the student population growth when comparing the three quarter average daily membership of the district ten (10) years ago to the district's three quarter average daily membership in the previously completed school year. If a district has not been in existence for at least ten (10) school years as a result of the annexation or consolidation of other districts into it or with it, then for any years within the last ten (10) years for which the district was not in existence its three quarter average daily membership shall be the sum of the three quarter average daily membership of those former school districts that now comprise the school district applying for state financial participation.
Second, the Division shall numerically rank all school projects based on the Facility Condition Index (FCI) of the district or campus depending on what type of project is proposed. The projects with the greatest FCI shall be ranked first and in descending order to the projects with the least FCI.
Third, the Division shall numerically rank all school projects based on the Facilities Wealth Index of the school district. The districts with the least Wealth Index shall be ranked first with the districts with the greater Wealth Index numerically ranked last.
Fourth, the Division shall average the numerical Growth, FCI and Wealth Index ranking of each school's project. Once each project is averaged, the Division shall establish a ranked order with the projects with the lowest average score being ranked first and the projects with the highest average score being ranked last.
Any project for which the Commission determines the district or campus is currently suitable shall not be entitled for any state partnership assistance in that year's partnership cycle.
6.00 AVAILABILITY OF STATE FINANCIAL PARTICIPATION AND TIMELINES
The Division's notice of its decision on a school district's application for state financial participation in a new construction project shall include an explanation of the evaluation factors underlying the decision of the Division to provide or not provide state financial participation in support of the new construction project.
7.00 AGREEMENT BETWEEN THE DIVISION AND THE SCHOOL DISTRICT CONCERNING STATE FINANCIAL PARTICIPATION
Construction of the project must begin within eighteen (18) months from the date of the final approval of the project by the Commission. The district must obtain the Division's approval of the completion of all district project requirements within four (4) years from the date of final approval of the project by the Commission.
A district may request a waiver of timelines in Section 7.07 of these Rules if the district believes it can show unusual and limited circumstances which prevent it from meeting the timelines. State financial participation in a district's project is contingent upon the district meeting all timelines and deadlines set forth in these Rules. Absent an approved appeal or waiver, the Division may render the state's financial participation in a district's project null and void in whole or in part for failure to meet all of the timelines and deadlines set forth in these Rules and may recapture any state partnership funding assistance funds already paid to the district.
8.00 APPEAL PROCESS
9.00 DISTRIBUTION AND TRACKING OF STATE FINANCIAL PARTICIPATION
Upon receipt and an initial review and evaluation of a school district's application for Partnership funding, the Division reserves the right to conduct an on-site assessment of the proposed project.
Application Form
7500-15 Interactive Classroom Design
The Arkansas Department of Education (ADE) is charged with overseeing the design and construction of school facilities in the state of Arkansas. The Arkansas School Facility Manual has been developed to provide consistent, clear information for school districts and design professionals as a new generation of schools is being created for Arkansas. The Standards & Guidelines contained within this section are the culmination of standards, accepted procedures, statutory requirements, and the experience of experts and authorities throughout the United States and establish a uniform level of quality for all public school buildings. The Standards & Guidelines will apply to new school facilities and new additions to existing buildings. Renovation to existing facilities should adhere to the Standards & Guidelines as outlined in Section 1200.
Since the Standards § Guidelines must communicate information about so many issues, the length and quantity of the document can be intimidating. However, understanding how the Standards & Guidelines is organized and which information will be needed during the various phases of the process will enable each participant to be better prepared for the exciting opportunity of creating school facilities.
An important consideration in developing a state-wide program that must provide equity among districts is the balance between broadly applicable standards and program delivery. A fundamental tenet of educational facility planning is that school facilities must be responsive to a school district's educational program. The Standards & Guidelines allows districts to develop building programs that respond to their current, unique needs as well as prepare for their educational future. There are also many different ways in which districts are delivering educational programs and helping students accomplish learning objectives at every school and school level. By designing classrooms and other instructional spaces to be flexible and adaptable, individual districts are better prepared to accommodate future educational program developments.
Throughout the planning, design, and construction phases of a project there are three factors that must be considered and held in balance: quality, cost, and time (schedule). The Standards & Guidelines was created to provide parameters for balancing these three essential elements fairly for all projects throughout the state.
The Standards & Guidelines are intended as a starting point for architects, engineers, other design professionals, and school districts to develop solutions to meet the needs of the individual school community. The information is provided to allow the planning, design, and construction process to proceed most efficiently, without undo restriction on the design of the facilities, focusing efforts on the creation of best possible school facilities for each project rather than "reinventing the wheel".
The Arkansas School Facility Manual is the exclusive property of the Arkansas Department of Education of the State of Arkansas, and the Arkansas Department of Education reserves the right to add, delete, modify, or otherwise change the content of this manual at any time. Specific information contained within the manual will be periodically modified to reflect current and future trends in teaching methodologies, construction and educational technologies, and lessons learned as Arkansas proceeds with the ongoing task of improving and maintaining its schools.
The Standards & Guidelines are organized into eight chapters that explain the planning, design, and construction process; suggest current educational best practices and facility planning concepts, recommend components of an education framework, identify the square footage provisions for each school level; detail the features and amenities of each space; and provide systems, materials, guidelines information; and technology infrastructure recommendations. This chapter contains an outline of the information found within this section of the Arkansas School Facility Manual and a summary of the standards and guidelines contained within each chapter.
The chapters included in this section of the Arkansas School Facility Manual are:
Chapter 1 : How to Use This Section
Chapter 1 contains introductory information that indicates the organization of Section Two; an executive summary highlighting the standards and guidelines; a glossary of general Arkansas School Facility Manual definitions and abbreviations; and a general overview of the planning, design, and construction process intended to respond to the educational facility needs of Arkansas schools.
Chapter 2 : Educational Facility Planning Concepts
Chapter 2 contains planning concepts related to current educational best practices, special education, workforce development, and program and design capacity. The facility planning concepts contained within this chapter are intended to be informative only and are not standards.
Chapter 3 : Educational Framework
Chapter 3 contains a series of broad principles associated with organizational, facility, program, and service issues, including: grade configuration, school size, and class size. In conjunction with the Chapter 2: Educational Facility Planning Concepts, Chapter 3 provides assistance when developing an educational facility.
Chapter 4 : Site Guidelines
Chapter 4 contains information about site size and site amenities. Guidelines are also outlined for a multitude of factors that must be considered, including: various types of circulation and site access, drainage, play fields and playgrounds, fencing, lighting, mechanical/ electrical yard, landscaping, site furnishings, and exterior security provisions.
Chapter 5 : Program of Requirements [Bracketing]
Chapter 5 assists the school district in establishing the size and quantity of instructional and support spaces for construction of a new facility or an addition to an existing facility. The size of a school facility is based on total student population and grade configuration. The Program of Requirements identifies an overall square feet for a facility and then identifies spaces that must be included and provides an allowance for additional support spaces that the district may choose based on their programs and method of delivery.
Chapter 6 : Program Space Guidelines
Chapter 6 contains space plates for each type of space in the Programs of Requirements. Most space plates contain a graphic representation and information related to features, loose furnishings, finishes, and notes.
Chapter 7 : Building Systems
Chapter 7 provides an overview and examples of the various materials and systems that have been used to establish a design standard and level of quality for the systems and materials to be incorporated into new school buildings and additions to existing school buildings.
Chapter 8 : Cost Guidelines
Chapter 8 will be added at a later date.
The Standards and Guidelines contain a vast number of educational planning, facility design, and construction concepts. The next few pages serve as a summary of the standards and guidelines contained within Section Two of the Arkansas School Facility Manual. For additional information, refer to the various chapters for clarification.
Standards are identified by bolded text. Guidelines are identified as regular text.
Chapter |
Standards & Guidelines |
Notes |
3 |
GRADE CONFIGURATION The Program of Requirements has been developed to address any K-12 grade configuration. | |
3 |
CLASS SIZE: A. Pre-Kindergarten/Kindergarten 20 students B. 1st Grade through 3rd Grade 25 students C. 4th Grade through 6th Grade 28 students D. 7th Grade through 12th Grade 30 students E. Workforce Development 30 students |
Districts may decrease class size by adding teaching stations at their own expense or by utilizing innovative program delivery methods that allow multiple uses of spaces. |
5 |
SQUARE FOOT PER STUDENT A. A gross square foot per student for the overall building may be calculated using the total student population and the total gross square feet indicated by the Program of Requirements. B. The Program of Requirements indicates the following approximate square foot per student ranges: 1. ES = -119-151 2. MS = -124-182 3. HS = -161-243 4. PK-8 = Blended 5. PK-12 = Blended |
Total student population is established by the highest projected enrollment beginning three years out from the date of the 10-year projection. |
5 |
NET AND GROSS SQUARE FOOTAGE The net square footage will be composed of the following two components: A. Required Spaces. The Program of Requirements identifies the quantity and size of all required spaces to provide an adequate education. B. Support Space Allowance. The Program of Requirements provides a net square foot allowance for districts to provide flexibility for their instructional programs. Districts must include the indicated support space allowance in a new school. Support space allowance shall not be used to increase the size of gymnasiums or auditoriums. C. The gross square footage will be equal to the net square footage plus a construction factor that accounts for wall thickness and equal to 0 of the total net square footage. |
Size of the building is driven by the total number of students. The percentage of support space allowance is 10% for elementary school spaces and 15% for middle and high school spaces. |
5 |
SIZE MODIFICATION OF INDIVIDUAL SPACES A. The size standard for all individual required spaces is established by the Programs of Requirements located in Chapter 5. B. Sizes indicated by the Programs of Requirements located in Chapter 5 for support spaces are not intended to be standards but to serve as guidelines for planning and design purposes. C. Size of individual required space may be altered + 5% for design and structural purposes only provided the following: 1. The standard for total gross square footage is met. D. Individual required spaces may NOT be removed or reduced in size. |
The selection of support spaces is limited only by the following basic rules: a. The standard for total gross square footage must be met. Any overages will be at district expense. b. If an instructional space is selected, its size may only be altered by the design professional for design and structural purposes. |
4 |
SITE SIZE A. The recommended site sizes are: 1. Elementary School: 10 acres plus 1 acre per 100 students 2. Middle School: 20 acres plus 1 acre per 100 students |
The site sizes shown should be considered as the minimum size to provide adequate pedestrian & vehicular circulation, parking for staff student & vicitorn and playgrounds and playfields. |
3. High School: 35 acres plus 1 acre per 100 students 4. Combination Schools: a. PK-12 School: 40 acres plus 1 acre per 100 students b. PK-8 School: 20 acres plus 1 acre per 100 students B. Deviations from the site size may be required because of extenuating circumstances. Deviations from the site size recommendations must be approved by the Arkansas Department of Education. The site sizes shown should be considered. |
When selecting a site, the District should consider current and future student needs, changing demographics, and possible development around the site. It is recognized that not all sites, especially urban sites, will be able to meet those recommendations. The Design Professional, working with the District, should make every attempt to meet as many of the recommendations as possible. Variances will be considered by the Department of Education. |
|
5 |
PROGRAMS The following programs are guidelines. It is the responsibility of each district to determine the appropriate programs for their students. The programs listed below were used to develop the spaces contained in the Programs of Requirements. A. Elementary Schools 1. Academic Core 2. Special Education 3. Visual Arts 4. Music 5. Physical Education B. Middle Schools 1. Academic Core 2. Special Education 3. Visual Arts 4. Music 5. Technology Education 6. Family and Consumer Sciences 7. Physical Education 8. Workforce Development C. High Schools 1. Academic Core 2. Special Education 3. Visual Arts 4. Music 5. Physical Education 6. Workforce Development 7. Alternative Education |
Combination Schools contain the programs from which those schools are comprised. Example: A Pre-K - 8 school would contain all the elementary school programs and the middle school programs. Workforce development is an exception. Accreditation Requirements make it necessary for all comprehensive high schools to make available at least three programs of study from three different occupational areas. Refer to Workforce Development in Chapter 2. |
5 |
SIZE OF SPECIFIC SPACES The following sizes are standards from the Programs of Requirements in Chapter 5. The spaces listed below are intended to be samples and representative of typical spaces. Regular Classrooms 850 SQFT Pre-Kindergarten/Kindergarten Classrooms 1,000 SQFT Special Education Classrooms 850 SQFT Resource Room 450 SQFT Art Classroom 1,200 SQFT Music Classroom 1,200 SQFT Student Dining 50% TSP x 15 SQFT/Student |
TSP = Total Student Population The Program of Requirements contained in Chapter 5 details the size and quantity of all instructional and support space allowances that must be included in new school construction. |
7 |
EXTERIOR WALLS A. Options available for numerous, insulated wall systems. B. All systems to be well insulated and have moisture barrier. |
Minimum insulation R values. 40-year minimum lifespan. |
7 |
ROOFS A. New construction to be sloped or low slope roof system. B. Options available for numerous, UL class "A" systems with warranties. C. Vapor barrier are critical for weather protection. |
Meet "energy star" values Minimum, thermal resistant U-values. |
7 |
OPENINGS A. All academic spaces to have natural daylight. B. Minimize east and west facing glass. C. Interior wood doors to be solid core and factory finished. |
Encourage top lighting. Provide uniform light distribution. Select formaldehyde-free doors constructed with recycled or recovered content. |
7 |
INTERIOR FLOOR FINISHES A. Use water-based coatings and adhesives. B. Options available for soft and hard surface flooring. C. Choose low-VOC emitting materials. D. Meet carpet "green label plus" rating and use carpet reclamation programs. |
Use products containing recycled content. |
7 |
PLUMBING A. Water piping should not be installed under floor slabs. B. Domestic water systems within the building shall be type "K" or "L" copper tubing. |
No additional notes. |
7 |
HVAC A. All new construction will include air conditioning. B. Several systems are available and selection shall be based on a life cycle cost analysis. A. All temperature control systems shall be electronic, direct digital controls. |
All systems shall be designed in compliance with ASHRAE standard 90.1 Energy Code. Control indoor and outdoor HVAC noise. |
B. Commissioning of HVAC is recommended. | ||
7 |
ELECTRICAL A. Conductors shall only be copper. B. All branch circuits and feeder circuits should be run above ceilings and within walls. C. Interior lighting shall be controlled by occupancy sensors, automatic timed lighting controlled system or a combination of both. |
Within building electric system, provide technology infrastructure such as cable trays, conduit, boxes, etc. |
8 |
TECHNOLOGY A. All instructional spaces will be wired for voice, video, data, and power. B. All offices and meeting spaces will be wired for voice, data, and power. |
Selected offices may also be wired for video. |
An Educational Framework is a series of broad principles associated with organizational, facility, program, and service issues. In conjunction with the Educational Facility Planning Concepts, the Education Framework establishes the foundation on which educational facilities are designed.
The Standards & Guidelines are not intended to address every possible condition. Flexibility is required to develop appropriate solutions given the diversity of programs, community requirements, existing building conditions, site constraints, etc. found in the school district.
The following educational assumptions/concepts were derived from a wide range of sources that included representation from parents and students, teachers and school administrators, business and government [state and local] officials.
GRADE CONFIGURATION
Following are the suggested grade configurations for each level of school facility.
Pre-Kindergarten programs should be included as part of the school facility as required by state law.
Workforce Development courses are included in middle and high school facilities.
SCHOOL SIZE
School size is based on the number of students projected to attend a particular school facility. For the number of students by grade level the Program of Requirements provides the total required school size that contains both the required spaces and a support space allowance needed to adequately meet the needs of the students.
The Program of Requirements found in Chapter 5 provides required spaces and a support space allowance for the selection of spaces needed for the various program areas found in each grade level of school.
CLASS SIZE
Class size [or Average class size] is defined as the number of students occupying a space at one time. Class size is not necessarily synonymous with student teacher ratio.
A. |
Pre-Kindergarten-Kindergarten |
20 students |
B. |
1st Grade through 3rd Grade |
25 students |
C. |
4th Grade through 6th Grade |
28 students |
D. |
7th Grade through 12th Grade |
30 students |
WORKFORCE DEVELOPMENT
Workforce Development [WFD] refers to programs traditionally offered under the label Career Technical Education or Vocational Education.
Note: Access to a WFD occupational area can occur in the following ways:
KINDERGARTEN
Kindergarten courses will be delivered all day.
PROGRAMS
As programs and services change it is important that each school district identify the current and future educational needs of its students. Once those needs have been identified, the District should then determine the types of instructional programs that will result in a successful student. The Standards & Guidelines are based on current and future trends in education and include the following programs. As stated above, ultimately each district should determine the appropriate programs for their students.
Purpose
The intent of Chapter 7 is to provide standards and guidelines necessary to plan1 design and construct school facilities throughout the state of Arkansas. The focus is on building systems and materials that will provide buildings that are economical and reflect quality construction: Aalong with mandatory performance standards, additional options and available choices.
All items and systems, such as loose furnishings, casework, technology, etc., should be integrated early in the planning phase of the project.
Definitions
The planning and design of school facilities shall be based upon criteria . described in Chapter 7 in accordance with the following definitions:
"Standards" - Performance or construction required a items for which there is mandatory adherence.
"Guidelines" - Performance or construction items which are recommended, but
NOT required.
"Examples" - Typical component(s) off standards or guidelines.
Codes and Standards
Applicable local, state, and international building codes and standards are not repeated in this chapter. It is the responsibility of the Design Professionals to conform to the current codes in their design process. Should the oo ee standards contained in this manual beafe in conflict with international, state, or local codes, the established codes shall prevail. The requirements of (ADAAG) [Americans with Disabilities Act) should be consulted.
No attempt has been made to provide detailed specifications in Chapter 7. Standards and guidelines are available that allow architects and engineers the flexibility to design to fit the school district needs.
Applicability
The construction and performance standards and guidelines contained herein are applicable to both new construction of public school facilities and renovation of existing public school facilities. Every attempt should be made to apply these standards and guidelines to existing buildings, in gradual steps as funding and other influences allow, (refer to Chapter 1 It may be recognized that some standards may not be compatible with existing facilities in renovation projects nor may it be possible to completely conform a performance or construction standard to new a new facility. It those instances variances to those standards, upon reguest, may be granted by the Division.)
Green Building Design (optional)
A strong motive of these building systems standards and guidelines is to promote high performance schools. High performance schools are healthy, comfortable, energy efficient, resource efficient, water efficient, safe, secure, adaptable, and easy to operate and maintain, Designing for high performance goals is a guideline. It is to be considered, but not mandatory.
Commissioning (optional)
The commissioning process is a single-point responsibility to make sure that certain systems in a building are functioning and performing according to the design intent. The independent Commissioning Agent goes far beyond the occasional Design Professional job visits during the construction period. Actual tests are performed and components are verified under the guidance of the Commissioning Agent. Several systems can be commissioned, but emphasis in the chapter is to commission the HVAC components.
Definition
Commissioning is the process of ensuring that systems are designed, installed, functionally tested, and capable of being operated and maintained according to the Owner's operational needs.
Application
Commissioning may be applicable to both new facilities and renovation. It is a guideline to be considered, but not mandatory.
Commissioning Authority (CA)
The CA is in charge of the commissioning process and is an objective, independent advocate of the Owner.
Commissioning Authority Options
CA can be selected from an independent third party; a mechanical or installing contractor; or a design professional.
Contractor: Desirable when building is small and contractor performs all mechanical work, but a conflict of interest can arise.
Design Professional: Good idea provided that the project specifications detail the reguirements. Already familiar with the design intent but may not have day-today experience in the process.
How To Select
Use competitive Reguest for Qualifications (RFQ) and follow a qualification based selection process (QBS).
CA Qualifications
Experience required:
* Designing, specifying, or installing educational building mechanical-control systems or general HVAC systems
* Working with project teams and conducting "scoping meetings"
* Building systems start-up, balancing, testing, and troubleshooting
* Commissioning at least two projects involving HVAC and lighting controls
* Writing functional performance-test plans for at least two projects.
Extent of Commissioning
The degree or extent of commissioning for new buildings is recommended for the planning, design, and construction phases. However, involvement can occur only in design, construction, or post-construction phases.
What to Commission
All projects that include controls, EMCS, pneumatic equipment, integrated systems, HVAC-related equipment, and air distribution systems should be commissioned.
Benefits
* Improved performance of building equipment and building systems interactions
* Improved IAQ occupant comfort and productivity
* Decreased potential for building Owner liability related to IAQ
* Reduced operation and maintenance costs
* Maximize energy efficiency
* Provide training for school personnel
Green Building Design (optional)
The term "green building" is synonymous with "high-performance building", "sustainable design and construction", as well as other terms that refer to a holistic approach to design and construction. Green building design strives to balance environmental responsibility, resource efficiency, occupant comfort and well-being, and community sensitivity. Green building design includes all players in an integrated development process, from the design team {building owners, architects, engineers, and consultants), to the construction team (materials manufacturers, contractors, and waste haulers), to the maintenance staff and building occupants. The green building process results in a -high-quality product that maximizes the owner's return on investment.
Why Design Green?
The building sector has a tremendous impact on the environment. According to the U.S. Department of Energy (DOE), buildings in the United States consume more than 30% of our total energy and 60% of our electricity annually. Buildings are a major source of pollutants that cause urban air quality problems and contribute to climate change. Buildings produce 35% of the country's carbon dioxide emissions. Green building practices can substantially reduce the negative environmental impacts associated with these buildings and reverse the trend of unsustainable construction activities. Green design also reduces operating costs, enhances building marketability, potentially increases occupant productivity, and helps create a sustainable community. Green design has environmental, economic, and social elements that benefit all stakeholders, including owners, occupants, and the general public.
Creating High Performance Schools (optional)
School districts around the country are finding that smart energy choices can help them save money and provide healthier, more effective learning environments. By incorporating energy improvements into their construction or renovation plans, school can significantly reduce energy consumption and costs. These savings can then be redirected to educational needs such as additional teachers, instructional materials, or new computers.
Establishing High Performance Goals
Cost-effective energy- and resource-efficient schools start with good planning. Working closely with the school's design and planning staff, the architects and engineers should develop objectives that reflect local conditions and priorities, balance short-term needs and long-term savings, and address environmental issues. Goals can include reducing operating costs; designing building that teach; improving academic performance; protecting the environment; increasing health, safety, and comfort; supporting community values; and considering emerging solutions.
Establishing High Performance Goals (continued)
Establishing dayjighting objectives will also improve classroom conditions and can help improve performance if you:
Green Building Rating System (optional)
The Green Building Initiative design program called Green Globes and the program offered by the U.S. Green Building council, LEED (Leadership in Energy and Environmental Design), are green measurement systems designed for rating commercial and institutional buildings. Both address new construction and major renovations. The programs address various environmental categories, typically sustainable sites, water efficiency, energy, indoor environmental quality, and matefiaelsmaterials and resources. Both are performance oriented systems where points are earned for satisfying performance criteria. Different levels of green building certification are awarded based on the total points earned.
Application
Green building design may be applicable to both new facilities and renovation. It is a guideline to be considered, but not mandatory.
Standards
Strength of concrete provided is to be tested by independent testing lab, during construction.
Components
Components
Standards
Components
Standards
Guidlines
Performance Standards
Components
Performance Standards
Construction Standards
Components
Performance Standards
Construction Standards
Construction Guideline
Components
Performance Standards
Construction Standards
Components
Performance Standards
Construction Standards
Components
Performance Standards
Construction Standards
Components
Performance Standards
Construction Standards
Components
Performance Standards
Construction Standards
Performance Guidelines
Examples
Components
Construction Standards
Performance Standards
Guidelines
Examples
Examples
Performance Standards
Construction Standards
Examples
Performance Guidelines
Construction Standards
Examples
Performance Standards
Construction Standards
Performance Standards
Examples
* Resiiient
* Carpeting
* Rubber
* Tile
* Terrazzo
* Concrete
* Wood
* Rubber
* Resinous
* Hardwood
Construction Guidelines
Examples
Performance Guidelines
Construction Standards
* Carpet and sheet vinyl -3 lbs/1,000 sq. ft. per 24 hours or less
* VCT-5 lbs/1,000 sq.ft.
Examples
Performance Guidelines
Construction Standards
* maximum 4.5 pounds per 1,000 sq.ft. moisture emission in slab
* two year guarantee
* second and better grade, maple strip flooring
Purpose
The intent of Chapter 7 is to provide standards and guidelines necessary to planano design and constructschool facilities throughout the state of Arkansas. The focus is on building systems and materials that will provide buildings that are economical and reflect quality construction Aalong with mandatory performance standards, additional options and available choices.
All items and systems, such as loose furnishings, casework, technology, etc.,should be integrated early in the planning phase of the project.
Definitions
The planning and design of school facilities shall be based upon criteria . described in Chapter 7 in accordance with the following definitions:
"Standards" - Performance or construction required a items for which there is mandatory adherence.
"Guidelines" - Performance or construction items which are recommended, but
NOT required.
"Examples" -Typical component(s) off standards or guidelines.
Codes and Standards
Applicable local, state, and international building codes and standards are not repeated in this chapter. It is the responsibility of the Design Professionals to conform to the current codes in their design process. Should the oo ee standards contained in this manual beafe in conflict with international, state, or local codes, the established codes shall prevail. The requirements of (ADAAG) [Americans with Disabilities Act) should be consulted.
No attempt has been made to provide detailed specifications in Chapter 7. Agaffly-Qptions-Standards and guidelines are available that allow architects and engineers the flexibility to design to fit the school district needs.
Applicability
The construction and performance standards and guidelines contained herein are applicable to both new construction of public school facilities and renovation of existing public school facilities, is Every attempt should be made to apply these standards and guidelines to existing buildings, in gradual steps as funding and other influences allow, (refer to Chapter 1 It may be recognized that some standards may not be compatible with existing facilities in renovation projects nor may it be possible to completely conform a performance or construction standard to new a new facility. It those instances variances to those standards, upon reguest, may be granted by the Division)
Green Building Design (optional)
A strong motive of these building systems standards and guidelines is to promote high performance schools. High performance schools are healthy, comfortable, energy efficient, resource efficient, water efficient, safe, secure, adaptable, and easy to operate and maintain, Designing for high performance goals is a guideline. It is to be considered, but not mandatory.
Commissioning (optional)
The commissioning process is a single-point responsibility to make sure that certain systems in a building are functioning and performing according to the design intent. The independent Commissioning Agent goes far beyond the occasional Design Professional job visits during the construction period. Actual tests are performed and components are verified under the guidance of the Commissioning Agent. Several systems can be commissioned, but emphasis in the chapter is to commission the HVAC components.
Definition
Commissioning is the process of ensuring that systems are designed, installed, functionally tested, and capable of being operated and maintained according to the Owner's operational needs.
Application
Commissioning may be applicable to both new facilities and renovation. It is a guideline to be considered, but not mandatory.
Commissioning Authority (CA)
The CA is in charge of the commissioning process and is an objective, independent advocate of the Owner.
Commissioning Authority Options
CA can be selected from an independent third party; a mechanical or installing contractor; or a design professional.
Contractor: Desirable when building is small and contractor performs all mechanical work, but a conflict of interest can arise.
Design Professional: Good idea provided that the project specifications detail the reguirements. Already familiar with the design intent but may not have day-today experience in the process.
How To Select
Use competitive Reguest for Qualifications (RFQ) and follow a qualification based selection process (QBS).
CA Qualifications
Experience required:
* Designing, specifying, or installing educational building mechanical- control systems or general HVAC systems
* Working with project teams and conducting "scoping meetings"
* Building systems start-up, balancing, testing, and troubleshooting
* Commissioning at least two projects involving HVAC and lighting controls
* Writing functional performance-test plans for at least two projects.
Extent of Commissioning
The degree or extent of commissioning for new buildings is recommended for the planning, design, and construction phases. However, involvement can occur only in design, construction, or post-construction phases.
What to Commission
All projects that include controls, EMCS, pneumatic equipment, integrated systems, HVAC-related equipment, and air distribution systems should be commissioned.
Benefits
* Improved performance of building equipment and building systems interactions
* Improved IAQ occupant comfort and productivity
* Decreased potential for building Owner liability related to IAQ
* Reduced operation and maintenance costs
* Maximize energy efficiency
* Provide training for school personnel
Green Building Design (optional)
The term "green building" is synonymous with "high-performance building", "sustainable design and construction", as well as other terms that refer to a holistic approach to design and construction. Green building design strives to balance environmental responsibility, resource efficiency, occupant comfort and well-being, and community sensitivity. Green building design includes all players in an integrated development process, from the design team {building owners, architects, engineers, and consultants), to the construction team (materials manufacturers, contractors, and waste haulers), to the maintenance staff and building occupants. The green building process results in a -high-quality product that maximizes the owner's return on investment.
Why Design Green?
The building sector has a tremendous impact on the environment. According to the U.S. Department of Energy (DOE), buildings in the United States consume more than 30% of our total energy and 60% of our electricity annually. Buildings are a major source of pollutants that cause urban air quality problems and contribute to climate change. Buildings produce 35% of the country's carbon dioxide emissions. Green building practices can substantially reduce the negative environmental impacts associated with these buildings and reverse the trend of unsustainable construction activities. Green design also reduces operating costs, enhances building marketability, potentially increases occupant productivity, and helps create a sustainable community. Green design has environmental, economic, and social elements that benefit all stakeholders, including owners, occupants, and the general public.
Creating High Performance Schools (optional)
School districts around the country are finding that smart energy choices can help them save money and provide healthier, more effective learning environments. By incorporating energy improvements into their construction or renovation plans, school can significantly reduce energy consumption and costs. These savings can then be redirected to educational needs such as additional teachers, instructional materials, or new computers.
Establishing High Performance Goals
Cost-effective energy- and resource-efficient schools start with good planning. Working closely with the school's design and planning staff, the architects and engineers should develop objectives that reflect local conditions and priorities, balance short-term needs and long-term savings, and address environmental issues. Goals can include reducing operating costs; designing building that teach; improving academic performance; protecting the environment; increasing health, safety, and comfort; supporting community values; and considering emerging solutions.
Establishing High Performance Goals (continued)
Establishing dayjighting objectives will also improve classroom conditions and can help improve performance if you:
Green Building Rating System (optional)
The Green Building Initiative design program called Green Globes and the program offered by the U.S. Green Building council, LEED (Leadership in Energy and Environmental Design), are green measurement systems designed for rating commercial and institutional buildings. Both address new construction and major renovations. The programs address various environmental categories, typically sustainable sites, water efficiency, energy, indoor environmental quality, and matefiaelsmaterials and resources. Both are performance oriented systems where points are earned for satisfying performance criteria. Different levels of green building certification are awarded based on the total points earned.
Application
Green building design may be applicable to both new facilities and renovation. It is a guideline to be considered, but not mandatory.
Components
Standards
Strength of concrete provided is to be tested by independent testing lab, during construction.
Guidelines
Examples
Standards
Components
NOTE: Other types meets or exceeds the above performance standards criteria. Construction standards following, indicated in bold type, are to be considered mandatory minimum requirements. More stringent requirements shalls be used when required by the current state building codes.
Standards
Guidelines
Components
Standards
Guidelines
Components
Standards
Guidelines
Components
Standards
Components
Standards
Performance Standards
Examples
NOTE: #1: Other types of roof systems may be acceptable if system meets or exceeds the above performance standards.
#2: All roof system and products shall be designed in accordance with state fire prevention code and state building code.
Components
Performance Standards
Construction Standards
Components
Performance Standards
Construction Standards
Construction Guideline
Components
Performance Standards
Construction Standards
Components
Performance Standards
Construction Standards
Components
Performance Standards
Construction Standards
Components
Performance Standards
Construction Standards
Components
Performance Standards
Construction Standards
Performance Guidelines
Examples
Components
Construction Standards
Performance aStandards
Guidelines
Examples
Examples
Performance Standards
Construction Standards
Examples
Performance Guidelines
Construction Standards
Examples
Performance Standards
Construction Standards
Performance Standards
contaminants
Examples
* Resiiient
* Carpeting
* Rubber
* Tile
* Terrazzo
* Concrete
* Wood
* Resilient
* Rubber
* Resinous
* Hardwood
Construction Guidelines
Examples
Performance Guidelines
Construction Standards
* Carpet and sheet vinyl -3 lbs/1,000 sq. ft. per 24 hours or less
* VCT-5 lbs/1,000 sq.ft.
Examples
Performance Guidelines
Construction Standards
* maximum 4.5 pounds per 1,000 sq.ft. moisture emission in slab
* two year guarantee
* second and better grade, maple strip flooring
ARKANSAS SCHOOL FACILITY MANUAL
PROGRAM OF REQUIREMENTS (2009-2011 PARTNERSHIP PROGRAM)
SUMMARY AND REQUIRED SPACES
ACADEMIC FACILITIES PARTNERSHIP PROGRAM
March 2008
PROJECT AGREEMENT
(Applicable beginning with Partnership Projects for 2009-2011 Biennium)
This Project Agreement ("Agreement") is made and entered into by and between the Division of Public School Academic Facilities and Transportation ("Division") and the __________________School District ("District"),____________County, pursuant to
Act 2206 of 2005.
WHEREAS, The Division, created pursuant to Act 1327 of 2005 is a body corporate and politic, an agency of state government and an instrumentality of the State of Arkansas ("State"), performing essential government functions of the State; and
WHEREAS, the District is acting as an agency of state government, performing essential functions of government pursuant to the laws of the State of Arkansas, and
WHEREAS, the District and the Division have approved a Master Facilities Plan describing the classroom facilities needs of the entire student population of the district, and the total budget for the Public School Academic Facilities Project ("Project"); and
WHEREAS, the District and the Division acknowledge that for funding and planning purposes, the Project is anticipated to commence on _________ and be completed on_________.
NOW, THEREFORE, in consideration of the mutual promises herein contained, the District and the Division agree to cooperate in the design, construction and terms described herein and as follows.
I. AGREEMENT APPLICABILITY
This Project Agreement (Agreement) will become effective upon the signing of both parties and be binding on the date signed by the Director of the Division of Public School Academic Facilities. The district certifies that scope planning and financial planning have been completed prior to the project application submission. Preliminary design through project concept or schematic drawings must be presented prior to the signing of this agreement. No additional aspect of the Project will proceed prior to the signing of this Agreement. By signing, the District certifies that it has not begun the Project beyond the steps outlined above. The signing of this Agreement certifies that the Commission for Arkansas Public School Academic Facilities and Transportation ("Commission") has approved the Project and funding under the Academic Facilities Partnership Program. The District further acknowledges by signing that, should it be determined that the Project began prior to the signing of this agreement, the Commission may exercise one of the following options:
Furthermore, if construction of the project has not commenced by (enter date 18 months from Commission approval), this Agreement is null and void and any monies paid by the state to a district shall be subject to immediate recapture by the state. The parties agree to exercise good faith in the execution of this Agreement and the completion of the requirements set forth herein, and that both parties will endeavor to follow and implement the aspects of the Program, the district agrees to comply with all timelines and process requirements in the Rules Governing the Partnership Program or be subject to those Commission options referenced above.
II. SCOPE OF THE PROJECT
District inserts detailed scope of work here.
(Do not attach the application as the scope)
State's share of the total Project budget shall be ($____________).
The District's local share of the total Project budget shall be ($______________), as set forth in Article IV. of this Agreement.
III. RESPONSIBILITIES DURING COURSE OF PROJECT
The Division and District shall be responsible for the following:
School District |
Division |
Determination of Project Scope (Partnership Project Application) |
Review and Approval (Application Review) |
Architect/Engineer, Construction Manager (if desired), Construction Contractor Selection Process |
Provide guidance as requested pertaining to procurement laws. |
Submittal of Project Drawings |
Review for conformance with facility manual. |
Site Selection and Request |
Provide recommended guidelines Contained in the Arkansas Facility Manual |
Request for variance consideration to the Arkansas Facility Manual |
Division Plan Review and Variance Determination |
Educational Program Choices, |
Approval of Design in Accordance Design and Material Choices with current state law and Arkansas Facility Manual |
Recommend Special Conditions Documents |
Provide recommended contract clauses for Architect and construction contracts |
Bid Procedures |
No action |
Submission of Project Approval Forms and State Reviews |
Final Project Approval |
Recommendation of Award, Notification of Bids |
No action |
Fund Management in Accordance With Arkansas Department of Education Accounting Guidelines |
Audit Option. |
Provide Maintenance Plan/Certification |
None |
IV. SCHOOL DISTRICT SHARE OF THE BASIC PROJECT COST
(To include letters of credit, moneys donated or contributions spent directly by a third party.)
(Specify origin of Grant and any special conditions that might affect this Project as a result of the grant award.)
(To include Maintenance Escrow accounts.)
V. STATE SHARE OF PROJECT COST
VI. THE PROJECT CONSTRUCTION FUND
No Fund moneys shall be spent for any items inconsistent with the provisions of the Arkansas School Facility Manual and Division policies, unless a variance is approved by the Division.
VII. LOCALLY FUNDED INITIATIVES
(The district should include a description of the Locally Funded Initiative. Statement of district LFI amount: ($__________________)
VIII. CONTRACT ADMINISTRATION
District fails to comply with any and all state laws regarding school construction.
IX. MAINTENANCE OF COMPLETED FACILITIES
Upon completion of the Project, the District will certify that the maintenance of any new facility is included in the District's overall maintenance plan contained in the district's Academic Facilities Master Plan.
X. AGREEMENT CONSIDERATIONS
In witness whereof, the parties have executed this Agreement on the date(s) set forth below.
By: _____________________________ By:_____________________________
SuperintendentDirector, Public School Academic
Facilities and Transportation
School District
Date:________________________Date:_______________________
PSAFT Long Form 1 March 2008
INSTRUCTIONS FOR THE SUBMISSION OF APPENDIX A: (Jan 2008)
The appendix should be compiled by the school district in coordination with the design and or design/construction team to establish a checklist of dates for project monitoring. Appendix A is to be initially submitted with the signed Partnership Agreement, indicating anticipated Scheduled Project dates. This submittal will only include those dates the District has identified as milestone dates in its planning. It is intended that the District and Division will update this Appendix as the project proceeds, and will be adapted to be project specific.
Partnership Agreement:
The Partnership Agreement is a narrative that expands from the Partnership Application and joins the Division and School District into a written agreement pertaining to the conduct of the Partnership project. It includes a written scope of work, drawings if available, the project programmed budget, project schedule, and LFI Information. This information is included on the Partnership Agreement form. Required submission to Division.
School Construction Approval Form:
This Approval Form is required in accordance with Arkansas Code Annotated 6-11-105, 6-20-1406, 6-20-1407, 6-21-109. It will include certification of the following elements: Assurance Impact Statement, Annual Equity Report, Financial Assurance Statement. Required submission to Division.
Schematic Design Phase:
The Schematic Design Phase should show the very preliminary program requirements in graphic form. As a minimum, they should be single line drawings with dimensions and labeled as to functional area. (If new facilities) depict the general building footing and support areas, (If building systems) depict the major components and location. Any deviation from the Arkansas Facility Manual Standards must be addressed with a variance request to the Division.
Design Development Phase: (Not required)
The Design Development Phase should show a much more detailed plan of the project and will include specifications for constriction. (See design development contents below). Any deviation from the Arkansas Facility Manual Standards must be addressed with a variance request to the Division.
Construction Document Phase:
The Construction Document Phase consists of the final plans and specifications and consists of the submittal, by the school district, of plans to State Fire Marshall, Department of Health, Arkansas Building Authority and local Governmental Authorities. This stage also includes a submittal of full plans and specifications accompanied with Project Budget and Cost Estimate updates and Project Schedule update to DPSAFT. Plan review comments and any corrections, if necessary, will also be submitted when complete.
Bidding or Negotiation Phase:
One set of the tabulation of bids will be submitted to DPSAFT. Should the bids exceed limitations as contained in Arkansas Code Annotated 22-9-203, the District will review their financial program consider the recommended course of action, as discussed in paragraph 7 of Appendix C.
Construction Contract Administration Phase:
The administration of the project is the responsibility of the District. Payment requests to the State will be made in accordance with the Partnership Agreement. Each payment request will be accompanied by an Architect and Contractor invoice (certified by the Architect for payment) and a short project status report which will include, but not limited to:
Project Closeout Documents:
These include final inspection by the District, receipt of all final documentation (to include operating manuals, warranties, occupancy permits), correction of punch list items and final invoice. The District will forward to DPSAFT a certification of completion that the project requirements have been met, the project accepted by the District and final payment invoices received. The submittal to DPSAFT will include a report of actual expenditures in the categories originally submitted as part of the Program Requirement Section.
Design Development Contents: (Not required for submission to Division: for information only)
Documents provided the school district should depict the areas stated below, as applicable. This list is not all inclusive but is meant to assist school districts with submissions to them by design teams.
Architectural
* Dimensioned floor plans indicating structural bay sizes and overall building dimensions. Floor plan should show dimensions and final partition locations including all openings.
* Exterior and core wall sections showing final dimensional relationships, materials and component relationships.
* Floor plan should show all fixed and loose equipment.
* Preliminary room finish schedule identifying all finishes.
* Exterior door and hardware schedule showing door, frame and hardware type.
* Site plan including grading and site utilities, utility connection points and a storm water management design.
* Preliminary development of details and large scale plans and sections.
* Outline specifications indicating manufacturers and suppliers.
* Preliminary reflected ceiling including ceiling grid, light fixtures and all devices that penetrate or are mounted upon finished ceiling.
* Interior movable furniture, office equipment, demountable partitions and system furniture, layouts for all departments and floors including proposed building signage system.
* Gross and net area calculations by department to determine compliance with program of requirements.
* Outline specifications including selected acceptable manufacturers.
Structural
* Floor plan with all structural members located and sized.
* Preliminary footing, beam, column and connection schedule.
* Establish final building elevations.
* Outline specifications including acceptable manufacturers
* Foundation drawings.
Plumbing & Mechanical
* Heating and cooling load calculations for reach individual space include cooling requirements for heat loads generated by equipment, personal computers, etc.
* Mechanical equipment schedule indicating size and capacity.
* Plumbing fixtures schedule.
* Floor plans showing mechanical equipment and plumbing fixtures. All equipment and fixture should be shown and located.
* Floor plans showing main ductwork distribution, branch ductwork and plumbing piping. All ductwork and piping should be located and sized to coordinate with structural framing system.
* All ceiling mounted devices should be located.
* Legend showing all symbols used on drawings.
* Outline specifications including selected acceptable manufacturers.
Electrical
* Floor plans showing mechanical equipment and plumbing fixtures. All equipment and fixture should be shown and located.
* Floor plans showing main ductwork distribution, branch ductwork and plumbing piping. All ductwork and piping should be located and sized to coordinate with structural framing system.
* All ceiling mounted devices should be located.
* Legend showing all symbols used on drawings.
* Outline specifications including selected acceptable manufacturers.
* Floor plan showing lighting layout, power, telecommunications and office automation devices and switches with preliminary circuiting.
* Light fixture schedule should be finalized.
INSTRUCTIONS FOR THE SUBMISSION OF APPENDIX B:
Appendix B: (Part 1), Column A will be submitted initially with the Agreement when forwarded to the Division. It will indicate the elements of the budget amounts for all expected expenditures. It is intended to be a 1 time submittal but may be updated as if new requirements of expense are identified.
Appendix B: (Part 1), Column B will be submitted upon project completion and closeout. It will indicate all actual expenditures attributed to this project.
Appendix B: (Part 2) will be submitted with each payment request to the state. It will indicate the areas noted and will be accompanied by contract invoices.
Appendix B: (Part 3) will be submitted with each State Payment Request and provide the project status information.
APPENDIX C:(10/4/06)
(The Division of Public School Academic Facilities and Transportation (DPSAFT) establish the contract form or format for District contract agreements. It additionally requires the inclusion of certain clauses for the various contracts Districts may use for their projects. The following clauses are required in District - Architect/Engineer Agreements for projects with no Construction Manager. These clauses are to be included in all Architect/Engineer-Owner contracts regardless of basic format).
Worker's Compensation/Employer's Liability. The Architect/Engineer shall procure and maintain Worker's Compensation insurance in accordance with all applicable Federal and state law together with both an "all States" Endorsement and a Voluntary Compensation Endorsement. Employer's Liability will have a minimum limit in accordance with Arkansas State Law.
Commercial General Liability. (This clause is applicable in those contracts where the architect or engineer acts as the principal administrator of the construction contract: otherwise it will be included in the construction management contract). The Architect/Engineer will provide Commercial General Liability coverage written or an "occurrence" basis, including coverage for premises operations, explosion, collapse, and underground hazards, products/completed operations with minimum limits of (AMT) dollars ($AMT) [or project-specific] in a combination of primary, excess or umbrella layers. Owner shall appear as an additional insured up to (AMT) dollars ($AMT) [or project-specific]. The policy will also contain a cross- liability of severability of interest endorsement and a three-year extension of coverage following final completion;
Comprehensive Automobile Liability. The Architect/Engineer shall procure and maintain Comprehensive Automobile Liability insurance, including coverage for liability arising out of the use of owned, non-owned, leased or hired automobiles for performance of this Agreement. As used herein, the term "automobile" means any vehicle licensed or required to be licensed under the applicable state vehicle code. The Comprehensive Automobile Liability insurance shall meet the minimum State of Arkansas policy limits
Consultants as it would be if it had rendered these services itself. Architecture/Engineer fees will be inclusive of mechanical, structural and electrical consultants. Other consultants deemed necessary by the architect/engineer, and agreed to by the school district, will be employed by the architect/engineer and their fees to be considered reimbursable expenses unless specifically noted otherwise by the owner.
(Where the district uses the AIA standard form of contract the Division requires the following contracts be used for the District - Architect agreement with clause modifications as noted).
AIA 141 Contract: To be used for engineer design services. Form will be modified to reflect engineer in lieu of architect. Both Section 1 and Section 2 will be used.
AIA 151 and AIA 201: To be used for projects whose budget exceeds $1,000,000 or where there is joint maintenance, repair and LFI new construction combined regardless of contract value. All clauses in this appendix will be included and as such modify and or supersede standard AIA clauses.
Design fee appropriation will be as follows: Section 11.2.2
Schematic design Phase: |
15% |
Design Development Phase: |
20% |
Construction Documents Phase: |
40% |
Bidding or Negotiation Phase: |
5% |
Construction Administration Phase: |
20% |
AIA 155: To be used for projects whose estimated cost is under $1,000,000 regardless of the type of design (unless the projects are complicated or require close Architect/Engineer supervision). All clauses in this appendix will be included and as such modify and or supersede standard AIA clauses.
Design fee appropriation will be as follows: Section 6.2
Schematic design Phase: |
15% |
Design Development Phase: |
20% |
Construction Documents Phase: |
40% |
Bidding or Negotiation Phase: |
5% |
Construction Administration Phase: |
20% |
(The selection of the construction contract is at the discretion of the district. DPSAFT, will upon request, provide general conditions for a construction contract to be included should the district decide to develop its own contract. In such instances all general and special conditions, attached as Appendix D, will be included. Should the district decide to use a standard AIA construction contract the DPSAFT requires the following contract be used for the District - Contractor agreement)
AIA 101: To be used for projects where the final bid amount exceeds $250,000, that require Architect/Engineer oversight.
AIA 105 and AIA 205: To be used for projects where the final bid amount is less than $100,000 with little or no Architect/Engineer oversight.
AIA 107: To be used where the final bid amount is between $100,000 and $250,000 that require Architect/Engineer oversight. EXCEPTION: When the bid documents contain A201 -1997 General Conditions of the Contract for construction, (use AIA 105).
APPENDIX D. 11/17/2006
(The District may use the invitation for bids contained in this appendix or it may use one which it has originated. Should the invitation for bids used in the procurement process for the Partnership Project subject to this agreement not contain the paragraphs as noted here, then it will be amended to reflect these paragraphs).
INVITATION FOR BIDS
SECTION 1: GENERAL INSTRUCTIONS, TERMS AND CONDITIONS
These General Instructions, Terms and Conditions and any special terms and conditions become part of any contract entered into in the event any part or all of the bid is accepted by the (Name) School District. Any special terms and conditions included in the Invitation for Bids override these general instructions, terms and conditions.
DEFINITION OF TERMS
IFB shall mean Invitation for Bids.
The words vendor, bidder, offerer, company, proposer and contractor may be used synonymously in this document.
The terms "District" or "Owner" are used interchangeably and refer to the (Name) School District.
SUBMISSION OF BID
Bids must be submitted to this office using the forms included on or before the date and time specified for bid opening. Each bid should be placed in a separate envelope completely and properly identified using the enclosed mailing label reflecting bid number, bid title and bid opening date/time. Late bids will not be considered under any circumstances.
Failure to sign the bid may result in disqualification. The person signing the bid should show title or authority to bind his/her firm to a contract. Signature must be in ink. Bid must be completed in ink or typed.
ASSIGNMENTS: (Para. To be used if AIA 105 or 107 contracts are used):
Neither this contract nor any interest therein nor claim thereunder may or shall be assigned or transferred by the contractor except as expressly authorized in writing by the District. No contract, subcontract or agreement shall be made by the contractor with any other party for furnishing any of the product, work or services herein contracted without the consent of the District.
CONFLICT OF INTEREST
By submitting a bid, the contractor represents and warrants that no director, board member or employee of the District is in any manner interested directly or indirectly in the bid or contract which may result from the bid or in any of the expected profits which might arise therefrom; further, that no attempt has been made to influence or gain favorable advantage by communicating directly or indirectly with any official of the School District. It is understood that any action taken which might tend to degrade the integrity of the competitive bidding process will be considered as grounds for disqualification or a breach of this contract.
CONTRACT CHANGES
In no event shall any understanding or agreement, contract modification, change order or other matter which would constitute a deviation from the terms of this contract be effective or binding upon the District unless expressly stated and agreed to in writing executed by the School District Official possessing contractual authority for said district.
CONTRACT GUIDELINES
Offerers agree that a contract does not become effective until it is awarded and a written agreement, purchase order, award letter, or other notice to proceed is executed or issued by the District and the contractor.
INDEMNIFICATION AND LEGAL COMPLIANCE: (may be substituted by Para. 3.18 AIA 201-1997 contract).
The contractor shall at all times observe and fully comply with any and all Federal, State and local laws, statutes, orders, ordinances and regulations. The contractor agrees to save, hold harmless and to indemnify the District, its agents, employees, officers and board members against any and all liability, losses, claims or costs of whatsoever kind or nature relative to the performance of the contract or any occurrence or accident in connection with inadequate design, breach of contract, material failure, default or the performance of any work, services or products supplied, pursuant to the award, whether to property or persons. Further, contractor shall indemnify, hold harmless and defend the District, its agents, employees, officers and board members from any lawsuits, causes of action, claims, liabilities and damages, of any kind and nature, including but not limited to, attorney's fees and costs, arising out of the performance of this contract whether attributable in whole or in part to any act, omission or negligence of the District, its agents or employees, including, but not limited to, any and all lawsuits, causes of action, claims, liabilities, and damages which the District, its agents or employees may sustain by reason of any failure by contractor to indemnify as provided herein, or any failure by contractor to otherwise perform its obligations pursuant to this contract, or by reason of the injury to or death of any person or persons or the damage to, loss of use of or destruction of any property resulting from work undertaken herein.
MINORITY BUSINESS POLICY
It is the policy of the (Name) School District that minority business enterprises shall have the maximum opportunity to participate in the District's purchasing process. Therefore, the District encourages all minority businesses to compete for goods, services, and construction contracts.
NON-COLLUSIVE AFFIDAVIT
By submitting a bid, the company and the individual personally signing the bid represent and warrant that such bid is genuine and is neither collusive nor made for or on behalf of any person not named, and that he has neither induced nor solicited any other company to place a sham bid nor directly or indirectly caused another company to refrain from or be unable to present a bid.
NON-DISCRIMINATION
The company shall not discriminate against, or segregate, a person or a group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, familial status, national origin, ancestry, disability or condition of acquired immune deficiency syndrome (AIDS) or AIDS-related complex in carrying out its duties and obligations pursuant to this agreement nor shall the company or any person claiming under or through the company establish or permit any such practice or practices of discrimination or segregation. The company must include in any and all subcontracts a provision similar to the proceeding.
PENALTY FOR COLLUSION
If at any time it shall be found that the person, firm or corporation to whom a contract has been awarded has, in presenting any bid, colluded with any other party or parties, then, in the sole discretion of the District, the contract so awarded shall be null and void or considered breached and the contractor shall be liable to the District for any and all loss and damage of whatsoever nature, which the District may suffer and the District may seek a new contractor.
PROPRIETARY INFORMATION
All information submitted in response to this bid is public after the bid opening. The bidder should not include as a part of the response to the invitation to bid any information which the bidder believes to be a trade secret or otherwise privileged or confidential. If the bidder wishes to include such material with a bid, then the material should be supplied under separate cover and identified as confidential. The District does not warrant or agree to, but will endeavor to, keep that information confidential. Contractor acknowledges that information in the possession of the District may be subject to the provisions of the Arkansas Freedom of Information Act.
REJECTION OF BIDS
The District may reject any and all bids and may reject a bid of any party who has failed to perform, been unfaithful and/or delinquent in any former relationship with the District. The District reserves the right to waive any irregularities or formalities in any solicitation or bid response. The District shall be the sole judge as to which bid is best and, in determining that fact, may consider the contractor's business integrity, financial resources, experience, facilities and/or capacity for performing the work.
RESERVATIONS
This IFB does not commit the District to award a contract, to pay any costs incurred in the preparation of a bid in response to this invitation, or to procure or contract for services or supplies. The District reserves the right to accept, or reject, in part or its entirety, any bid received as a result of this IFB, if it is in the best interest of the District to do so.
SEVERABILITY
The finding or determination of any part or parts of the General Instruction, Terms and Conditions is void, unenforceable, invalid or voidable shall result in only that part being stricken with the remainder to continue in full force and effect.
STATEMENT OF EXPERIENCE AND QUALIFICATIONS
The company may be required, upon request, to prove to the satisfaction of the District that they have the skill, experience and the necessary facilities and financial resources to perform the contract in a satisfactory manner and within the required time. If the evidence of competency is not satisfactory, the bid of such company may be rejected.
WITHDRAWAL OF BID
A bid may be withdrawn before the expiration of the time during which bids may be submitted, without prejudice, by submitting a written request for its withdrawal to the District Contacting Official.
(Special instructions, terms and conditions are to be included in the General Provisions of the IFB for the Partnership Project subject to this agreement).
SECTION 2 : SPECIAL INSTRUCTIONS, TERMS AND CONDITIONS
BID GUARANTEE AND PERFORMANCE BONDS
Each bid will include with it a bid bond in the amount of 5% of the total bid offered. It will be in the form of a cashier's check or insurance surety bond (with Power of Attorney attached) made payable to the owner.
If bid is over $20,000, a Performance and Payment bond will also be furnished by the successful bidder within ten (10) days after receipt of the (Name) School District intent to award notice. Failure to furnish the required bonds may cause forfeiture of bid guarantee to the owner as liquidated damages.
The "Performance and Payment Bond" will be in the amount equal to 100% of the contract price as security for the faithful performance of this contract price and for payment of all indebtedness for labor and materials furnished or performed in connection with this contract. The bond will be written by a surety company which is qualified and is authorized to do business in the State of Arkansas, according to A.C.A. 22-9-402(a)(b) and filing with said bond, his power of attorney as his authority. The bond will be written in favor of the Owner and executed per Arkansas state law. An original and two (2) copies of the bond must be furnished, with power of attorney attached to each. The Contractor will file and record the original with the Clerk in the Circuit Court of (Name) County. The Contractor is to pay all expense incidentals to file the bond. The remaining two copies should be certified by the Clerk to evidence the filing of the original and these two copies submitted to the (Name) School District.
NO SMOKING POLICY
The (Name) School District has a No Smoking Policy on all school properties.
It is the policy of the Board of Education that all uses of tobacco and tobacco products, including smokeless tobacco, will be prohibited on all District facilities. At no time will the use of tobacco products be permitted in classrooms, corridors, restrooms, locker rooms, work areas, cafeterias, offices, faculty lounges, gymnasiums, all other rooms and school grounds.
This policy applies to all Staff Members, Students, Visitors, General Contractors, Sub-Contractors, and Vendors. This policy is strictly enforced without exception.
INSURANCE REQUIREMENT
After bids are opened, the apparent low bidder must provide proof of insurance within five (5) business days from date of request by the District. Insurance must provide sufficient liability protection for all claims, whether direct or indirect, resulting from contractual operations. Failure to submit an insurance certificate by the time provided may be cause for bid disqualification. The following are recommended amounts for insurance coverage: (The District reserves the right to lower/raise these coverages if it is in the best interest of the District).
The (Name) School District must be named as additional insured, and the certificate must contain a clause that the insurer will not cancel or change the insurance without first giving the (Name) School District a minimum of 30 days prior written notice.
General Aggregate - $2,000,000 Each Occurrence - $1,000,000
Builder's Risk - Fire Extended Coverage and Vandalism and Malicious Mischief Insurance: The Contractor shall procure and maintain during the term of this contract and until work has been completed and accepted, Builder's Risk, Fire Extended Coverage, Vandalism and Malicious Mischief Insurance for an amount equal to 100% of the insurable property value of the project less the cost of any excavation, brick, stone or concrete foundation, piers or other supports which are below the under surface of the lowest basement floor or where there is no basement, piers which are below the surface of the ground or underground flues, pipes or wiring, said insurance coverage to be written in the name of the Contractor and Owner.
The required insurance must be written by a company licensed to do business in the State of Arkansas in accordance with A.C.A. 23-63 at the time the policy is issued. In addition, the companies must be acceptable to the Owner and Owner's agent.
CANCELLATION PROVISIONS: (May be substituted by Para. 14.2 AIA 201-1997).
Cancellation for Cause: The District may cancel the contract at any time for breach of contractual obligations by providing the contractor with a written notice of such cancellation. Should the District exercise its right to cancel the contract for such reasons, the cancellation shall become effective on the date as specified in the notice of cancellation sent to the contractor.
COMPLETION DATE
All work must be fully complete no later than (Date). If work is not completed by this date, liquidated damages will be assessed.
LIQUIDATED DAMAGES
Liquidated damages imposed against the contractor for failure to meet the final agreed upon completion date will be ($Amount) for each workday beyond the final agreed upon completion date. The contractor shall be relieved of delays due to causes beyond his control such as Acts of God, national emergency, strikes, or fire. The contractor must notify the District Contracting Official in writing, on a timely basis, of such developments stating reason, justification and extent of delay. Weather days will be allowed to be used at the discretion of the contractor and the use of each weather day must be documented and filed with the District Contract Official within 10 days of such use. Weather days will be in accordance with the average inclement weather days as recorded by the National Weather Bureau for the geographical area of the contract.
PRICING
Bid hereinafter is understood to include all expenses, taxes, incidentals and overhead; including, but not limited to wages, fringe benefits, supervision, material and equipment costs and it is further understood that the bidder shall bear the sum of all supplies (except as otherwise specified) necessary or desirable in order to perform the work. Pricing shall be made on those considerations specified in the aforementioned instructions for an award. No bidder may withdraw his bid for a period of 30 days after the date of bid opening.
AWARD OF CONTRACT
Bids will be considered on the basis of the price, however, the District reserves the right to establish the award criteria and to reject any or all and to award the Contract to the firm who, in the judgment of the District, is the best qualified to perform the work.