PROCEDURES for PLANNING, DESIGN and CONSTRUCTION of PUBLIC SCHOOLS PROJECTS

1. PROCEDURES forPLANNING, DESIGN andCONSTRUCTIONof PUBLIC SCHOOLS PROJECTS

2. Capital Planning Process • 1995 FOUNDATION LAW (Accountability) • Public School Fund (PSF) • Long-Range Capital Plan (5 year) • Address the facility, educational technology and equipment needs • 3 Major Drivers = • Student Demographics • Facility Assessment • Educational Programs

3. Facility Assessment (FAE) Acreage Capacity Age Square Feet Type Construction Roof Type Heat Source AC Number of Stories Fire Alarm Sewage System Portables Types of Spaces Number of Spaces Components Assessment

4. Timetable (in months) Selection of Professional Team Development of Program & Budget Selection & Approval of Site Development & Approval of Schematic Plans Development & Approval of Preliminary Plans Development & Approval of Final Plans Advertising, Bidding, and Award of Contracts Construction to Occupancy

5. Primary Types of Funds • STATE • PSCA • PSF Leverage • LOCAL • PSF • Local Revenues • Federal

6. Primary Project Delivery Methods • Traditional (design, bid, build) • Lowest responsive and responsible bidder awarded work • Architect acts as agent for owner • Pros: • Easy to manage • Roles of the parties are clearly defined • All design decisions made before construction begins • One contractor (Usually) • Check and balance of architect and contractor • Cons: • Construction can’t start until design complete • If bids are over budget, more time and money lost • Little input from contractors and subcontractors

7. Project Delivery Methods (continued) • Construction Management (CM) • Selection process similar to A/E process • General Contractor eliminated and replaced with CM • CM bids construction to trade contractors • Pros: • Owner has CM on his side • Encourages local participation • Cons: • Multiple contracts can make for administrative difficulty • Delay, etc., by one contractor can damage others (owner risk) • Less liability by CM

8. Working with the Alabama Building Commission

9. Project Team

10. Roles and Responsibilities of the Owner Awarding Authority RFPs and A/E selection process Negotiating agreements Determination of low bidder and award of contract Funding Program / requirements

11. Perform work in responsible manner Design to Budget Design to code Inspections for compliance with design Familiarity with Building Commission’s procedures Make recommendations to Owner Administer construction contract Roles and Responsibilities of the Architect

12. Roles and Responsibilities of Contractor Familiarity with Building Commission’s procedures Bidding Construction in accordance with plans Communication Delays Differing site conditions Other construction issues

13. Regulatory Agency Building codes Compliance with building codes Compliance with ADA Compliance with Energy Code Compliance with State Law Compliance with Manual of Procedures Bidding General Conditions – termination, change orders, delays, dispute resolution Standard Articles – extra services, billing/invoicing for services Role of the Building Commission

14. Purpose Building Commission created in 1945 Code of Alabama 1975, Title 41-9-141 Authorized and directed to adopt, promulgate, and enforce a State Building Code and to keep the code updated and consistent with acceptable architectural and engineering practices

15. Purpose of Building Commission Enforces minimum building code for state buildings, schoolhouses, hotels and motels and motion picture theaters (Title 41-9-162)

16. Responsible for reviewing plans and specifications for compliance with handicapped accessibility standards prescribed by the State Fire Marshal for public buildings and facilities (Title 21-4-3 and 21-4-6) Purpose of Building Commission

17. Enforces minimum energy conservation code for new and renovated state buildings (Title 41-9-171) Purpose of Building Commission

18. Powers and Duties of Building Commission Supervises, administers and inspects construction and improvement projects for state agencies and departments, Postsecondary Education, PSCA, and similar authorities

19. Provides periodic inspections during construction of state funded projects including locally funded K-12 public school projects Powers and Duties of Building Commission

20. Building Commission’sManual of Procedures Code requirements Plan review and submittal requirements Design Professional Services Fee Schedule Forms and Contract Documents Bidding and Award Contract Administration Inspections Special Procedures for PSCA and other authorities

21. Current Codes 2009 International Building Code 2009 International Plumbing Code  2009 International Mechanical Code 2009 International Fuel Gas Code  2009 International Fire Code  2011 National Electrical Code   ANSI/ASHRAE/IESNA Standard 90.1-2007 Energy Standard for Buildings Except Low-Rise Residential 2010 Americans with Disability Act Accessibility Guidelines

23. Architect Agreement Approval Process (PSCA) State agencies, Postsecondary, and PSCA and other authorities Plan Approval Process Final plans approved before bids received Construction Contract Review Process (PSCA) State agencies, Postsecondary, and PSCA and other authorities Inspections Process Required inspections Notification to Building Commission Building Commission Procedures

24. Architectural/Engineering Services

25. Procurement of A/E Services • Public Works Law – Code of Alabama 1975, Title 39, Section 39-2-2 (d) • Exempt from competitive bidding • Qualifications-based selection process • “…shall not engage in actual construction, repair, renovation, or maintenance of the public works with their own forces, by contract, subcontract, purchase order, lease or otherwise.”

26. Qualification and Experience Factors • Per Title 41-16-72 (3) • Specialized expertise demonstrated by the proposed project approach • Resources available to perform the work in timely manner • Past performance including quality of work, ability to meet schedules, cost control, and contract administration • Availability and familiarity with project location • Proposed project management techniques • Ability and proven history in handling special project contracts

27. BUILDING GROUPS OF THE SCHEDULE Group I: Industrial buildings without special facilities, parking structures and repetitive garages, simple loft type structures, warehouses exclusive of automated equipment, and other similar utilitarian type buildings. Group II:Armories, apartments, cold storage facilities, dormitories, exhibition halls, hangers, manufacturing/industrial plants, office buildings without tenant improvements, printing plants, public markets, and service garages. Group III:College classroom facilities, convention facilities, correctional and detention facilities, extended care facilities, gymnasiums (simple, prefabricated-pre-engineered, minimum types shall be classified under Group II), hospitals, institutional dining halls, laboratories, libraries, medical schools, medical office facilities and clinics, mental institutions, office buildings with tenant improvements, parks, playground and recreational facilities, police stations, public health centers, research facilities, schools (elementary and secondary), stadiums, and welfare buildings. Also, central utilities plants, water supply and distribution plants, sewage treatment and underground systems, electrical sub-stations and primary and secondary distribution systems, roads, bridges and major site improvements when performed as independent projects. When any or all of these types of improvements are incidental to an overall plan of architectural development they will be grouped with the basic architectural service of the overall project unless stated otherwise in the agreement. Group IV: Aquariums, auditoriums, art galleries, college buildings with special facilities, communications buildings, special schools, theaters and similar facilities. Group V:Residences and specialized decorative buildings unless otherwise stated in the agreement. Custom designed furnishings shall be categorized in Group V except when considered incidental to the basic architectural service for a building.

28. SCHEDULE OF BASIC FEE RATES

29. Negotiating the Agreement • Adjustments to the Basic Fee • Increase for major renovation up to 25% of basic fee • Does not include reroofing • Substantial Duplication • Reduction of one-half of Basic Fee for Services A-C for second building (building cost only) • No reduction to Services D & E • No reduction to Basic Fee for sitework

30. Negotiating the Agreement • Additional Services • Consulting services such as LEED Certification or geotechnical services or additional services outside of basic scope such as programming or prequalification • Extra Services • Services required by events beyond the Architect’s control (Article 5) • Include Schedule of Hourly Rates • Reimbursable Expenses • Definition of allowable/non-allowable reimbursable expenses (Article 6) • Agreements must include Not to Exceed amount and applicable rates

31. Determining A/E Fees Basic Fee (Budget x Fee Percentage) + Additional Services (Consultant’s Fee plus markup) + NTE for Reimbursable Expenses = Total Design Fee Adjustments to any of these items requires an amendment to the agreement.

32. Mandatory Plan Review b) It shall be unlawful for any state building or construction or any public schoolhouse which does not conform to the requirements of the building code to be erected or acquired. • Plans and specifications must be approved before receiving bids • Review process • Code of Alabama 1975, Title 41, Section 41-9-163

33. Public Works Law

34. Definition of Public Works • Code of Alabama, Title 39, Section 39-2-1 (5) • PUBLIC WORKS. The construction, repair, renovation, or maintenance of public buildings, structures, sewers, waterworks, roads, bridges, docks, underpasses, and viaducts as well as any other improvement to be constructed, repaired, renovated, or maintained on public property and to be paid, in whole or in part, with public funds or with financing to be retired with public funds in the form of lease payments or otherwise.

35. Public Works Law Requirements • Projects over $50K must be publicly advertised (Title 39, Section 39-2-2) • Once a week for three consecutive weeks in newspaper of general circulation in the county • If over $500K, once in three (additional) newspapers of statewide circulation • Sealed bids taken, opened and read at the place, time and date in advertisement

36. Public Works Law Requirements • Exceptions to requirement to publicly advertise • Projects under $50K • Professional services such as architectural, engineering, project management, etc. (Title 41) • Must not engage in performance of any of the work through their own or subcontracted forces • Projects declared an emergency affecting health, safety or convenience • Homeland Security projects

37. Bidding and Award of Contract • Advertising and Receiving Bids • Title 39-2-2 (a) • Award of the Contract • Lowest Responsible and Responsive Bidder • “A responsible bidder is one who, among other qualities determined necessary for performance, is competent, experienced and financially able to perform the contract.” • “A responsive bidder is one who submits a bid that complies with the terms and conditions of the invitation for bids. Minor irregularities in the bid shall not defeat responsiveness.”

38. Award of Public Works Projects • Award to lowest responsible and responsive bidder • Use of alternates in determining low bidder • Mistakes in bid • Negotiation of award

39. Current Issues Contracting Options Emergency Contracts Prompt Payment Act Current Construction Environment Dispute Resolution

40. Construction Options Maintenance projects Self-performed work Work by others Multiple contracts

41. Construction Options Design-Build Notice to Proceed with Design Upon approval of BC, Notice to Proceed with Construction Working without a design professional Requirements for design professional under Title 34, Chapter 2 Very few exceptions Project management

42. Emergency Contracts Emergency Construction Contracts Emergency Declaration Letter Design professional services Not required to be publicly advertised Must have approved plans Must execute contract

43. Prompt Payment Act 2010 revisions to Title 8 Payments under private contracts Time period for processing payment Penalty for late payment Retainage 2011 revisions to Title 39 Payments under Public Works projects Time period for processing payments Penalty for late payment Retainage

44. Current Construction Environment Failure to pay subcontractors Default Bankruptcy Termination

45. Owner’s Responsibilities Failure to pay subcontractors Title 39, Section 39-1-1 (c), Awarding Authority must promptly furnish a copy of the bond and contract Default ABC Form C-8, Article 27, A.(1)(a) Bankruptcy ABC Form C-8, Article 27, A.(1)(b)

46. Owner’s Responsibilities Termination for Cause – Contracts Under $50K ABC Form C-8, Article 27, A.(2) Notice to Cure Notice of Termination Upon effective date of termination, Owner may take possession of site Finish the work by whatever reasonable method Final resolution if amount required to complete the project exceeds the contract balance

47. Owner’s Responsibilities Termination for Cause – Contracts Over $50K ABC Form C-8, Article 27, A.(3) Notice to Cure – typically issued by the Architect Notice of Termination – must be issued by the Owner Demand on the Performance Bond – must be issued by the Owner Surety Claims Takeover Agreements

48. Dispute Resolution • ABC Form C-8, General Conditions, Article 24 • Request for Dispute Resolution • Signed by both parties • Dispute hearing process • Required for PSCA

49. Dispute Resolution

50. PSCA Funding