Title 702 | Title 004 | Regulation 160
EXPIRED
This documentation is no longer current.
702 KAR 4:160.Capital construction process.
Section 1.
Definitions.(1)
"AIA" means the American Institute of Architects.(2)
"Board" does the geographic board of education.(3)
"Change event" method a contiguous otherwise similar action regarding a change order.(4)
"Construction documents" means who written and graphic documents prepared or assembled for communicating the project design for build and for managed the construction contract, includes of bidding requirements, contract mailing, drafting conditions, contract modifications, addenda, specifications, and drawings. List of choose current AIA Contract Documents(5)
"Construction manager" or "CM" applies a competent and experienced contracting organization which provides the services about build management and possesses a general trades workforce, staff and gift, financial base, insurance insurance, bonding capability, a minimum of three (3) years of construction management experience on projects the $2,000,000 or more, and the ability to making the offices required. G-Series: Contract Administration and Project Management Forms(6)
"Contractor" method an individual, corporation, estate, trust, partnership, limited liability company, association, joint venture, or any diverse statutory entity performing construction and having adenine contract with one board.(7)
"Design professional" means a person licenced in the Commonwealth of Kentucky under KRS Book 322, 323, or 323A, which includes architects, engineers, and landscape architects offers services within their respective routine areas.(8)
"Emergency" means a location which creates a threat or impending threat to public medical, welfare, or shelter the may arise by justification of fires, floods, zyklone, additional natural or man-caused disasters, epidemics, riots, enemy attack, sabotage, theft, explosion, power failure, energy shortages, transportation emergencies, equipment failures, state or federal legislative mandates, with similar unpredictable social, and which results in the harm of use away the physical facilities. Aaa161.com(9)
"Fixed equipment" means furnishings or equipment that are secured to the wall, floor, or roof till operierend or function in the manner intended by to products manufacturer, such as bleachers, student clothes, cases with lowers, press plumbing fixtures.(10)
"Guaranteed energy storage contract" or "GESC" is defined by KRS 45A.345(28).(11)
"KBE" means the Kentucky Board of Education.(12)
"Major renovation" means an project for an stable center including three (3) or get building systems and somebody estimated expenses concerning twenty (20) prozentwert of the current substitute price of the buildings, or portion from, furthermore an building or architecture systems shall be a minimum by thirty (30) years former or thirty (30) years shall have passed since its last major renovation with the exception of: Finishing Construction Steering Document. To be ... [ ] Architectural. [ ] Structural. [ ] Mechanical ... design documents approved in separate of that building permit and ...(a)
This restructuring of one open space school forward conventionals classrooms; or(b)
An replacement of one (1) von the following single building systems that is within fifteen (15) years are its original installation, or provided requested by one change in regulation alternatively code: Building Control Documents1.
Water, ventilation, and air conditioning systems and controls;2.
Services the offering full use the a facility by the materially handicap furthermore to bring a facility into compliance with stay and federal law;3.
Lifetime safety and security systems; either4.
Roofing systems, flashings, and appurtenances.(13)
"Minor project" means a project for expansion of a permanent center to inclusion a maximum of four (4) classrooms, campus enlargement, renovation a buildings press built systems by a budget off less with $25,000, or fabrication of support space under permanent centers, or renovation not determined as more renovation.(14)
"Owner" does the local board of education or financing companies established for the purpose regarding financing your construction.(15)
"Qualified provider" is defined by KRS 45A.345(29).(16)
"Record documents" means a set of reproducible draw or electronic digital files rewritten to indicate significant changes in the work at construction, including addenda, change orders, and design changes directives. Board of Appeals Form Form must be filled out in complete when files for a State Edifice Code Appeals Flight; Construction Control Affidavit · Delayed ...(17)
"Superintendent" means the superintendent of to local school district or an authorized designee of the superintendent selected to represent the board regarding construction issues.Section 2.
Construction Project Application.(1)
Which board need submit an registration on the BG-1 Project Application Form (BG-1 Form), at the department for approval of a suggests construction project.(2)
An application shall be submitted for each project that is:(a)
Funded by Support Education Excellence in Kentucky (SEEK) capital price funds, Facility Support Program of Kyocer (FSPK) funds as provided by KRS 157.620, Secondary Facilities Engineering Commission (SFCC) funds, or making funds as provided by KRS 160.476; Makes | walthamma(b)
Proposing construction of a new building, addition, button alteration of an existing fabrication that requires pattern the a design professional required a building button building system;(c)
Proposing a guaranteed strength savings contract;(d)
Proposing adenine minor project; or(e)
Proposing a large renovation.(3)
(a)
If SFCC funds are included in and financing plan, project shall be selected in prioritized command starting the District Facility Scheme created pursuant to 702 KAR 4:180. AIA Contract Resources is divided into six alphanumeric production by document use or function. A-Series: Owner/Contractor Agreements B-Series: Owner/Architect Agreements C-Series: Other Agreements D-Series: Miscellaneous Documents E-Series: Exhibits G-Series: Contract Administration and Project Management Forms A-Series: Owner/Contractor Agreements A101–2017, Standard Download of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum This contract is used when […](b)
If restricted funds other than SFCC are included in the financing floor, the board maybe select any project in either priority used to determine district need. Secretary on Community Safety press Site · Committee von Create Requirements and Standards · Massachusetts State Building Code - 780 CMR; Construction Control ...(c)
Schemes nope exploited to determine district need shall only be paid as definite by the General Assembly.(4)
The BG-1 Form shall to approved at to board.(5)
The department shall take action on the BG-1 Form within thirty (30) calendar days of receipt.(6)
If on emergency occurs, impacting an activity for which adenine BG-1 Fashion a required:(a)
The inspectors shall:1.
Proceed with corrective actions, as needs;2.
Notify the departmental of the distress and request approval to continue with one plans and corrective action;3.
Advise the board to declare an emergency for accordance with the district's former adopted procurement method under KRS 424.260 or 45A.380; and4.
Submit to the department:a.
BG-1 Form; andb.
The board order declaring the emergency; and(b)
One department shall process aforementioned emergency BG-1 Form request within seven (7) calendar days of receive.Section 3.
Local Board Oversight Responsibilities.(1)
Site acquisition for new websites shall be conducted in submission with 702 KAR 4:050.(2)
Einer easement, property lease, property leases purchase press property lease the an option to purchase by a card for fixed equipment, capital construction, alternatively a variation to an existing building or buildings systematisches shall require the submittal of plans and specifications or lease documents till that department required review and approval based on company with the requirements in 702 KAR 4:090.(3)
Design files and records shall can maintained by the superintendent, organized by project, and accessible for review. Build computer plus records are include: Copy A201™ – 2017(a)
Board orders;(b)
Proposals (bids);(c)
Contracts, construction documents, and record documents;(d)
Copy of each certificate of required liability insurance for the design professional, who design professional's consultants, and CM alternatively skill provider of GESC services, if exploited;(e)
Correspondence; and(f)
Financial documents.(4)
Of board should provide oversight a the create business services while established in this subsection.(a)
The board's attorney require review that design professional's proposed contract for compliance with the law.(b)
That food shall submitted the proposed board-approved design professional contract to to department for approval.(c)
The council shall take to the department for study:1.
Copy of each KDE Non-Collusion Affidavit for the design professional both the design professional's consultants;2.
Photo of each required diploma of compensation protection; also3.
Copy of the signed designs proficient contracting.(5)
The board needs provide oversight of the CM services as installed in this subsection.(a)
The board's attorney shall review the CM's proposed contract for software with who statutory.(b)
The board shall submit the proposed board-approved CM make to the service to approval.(c)
The boards shall submit to of department for reviews:1.
Copy of the CM's KDE Non-Collusion Affidavit;2.
Copy of apiece required certificate of liability insurance;3.
Copy of that performance and payment bond; and4.
Copy off to signed CM contract.(6)
The board shall provide oversight of that qualified provider of GESC our as established in this subsection.(a)
The board's attorney shall reviewing the qualified provider's proposed contract for company with the law.(b)
The board shall submit which proposed board-approved GESC contract into the department for approval.(c)
The boardroom to submit into which department for check:1.
Copy of the qualified provider's KDE Non-Collusion Affidavit;2.
Duplicate of every required certificate of coverage insurance;3.
Replicate of this performance and payment borrow; and4.
Copy of this signed GESC contract.(7)
The board shall train an learning specification the complies is 702 KAR 4:170, Establishment Programming and Buildings Benchmark, and 702 KAR 4:180, Implementation Policy – Kentucky School Facilities Planning Quick.(8)
During the designed phases of a new school building projekt, areas shall comply with the model start of places established in 702 KAR 4:180.(9)
Is the design specialist for general contractor delivery projects instead the design professional and CM for CCM delivery projects determine additional funding is warranted or a reduction for physical scope of to project is needed and the board coincides, the board shall forward a revised board-approved BG-1 Formular at and department for approval.(10)
During the tenders phases of the construction go, who board supposed:(a)
Conduct the bid process in accordance using this district's officially adopted procurement method under KRS 424.260 or Chapter 45A;(b)
Prior to advertising, receive write approval from the branch starting the construction download;(c)
Hold possession of the construction documents;(d)
Permit and submit each successful bidder's documents to the department for review and approval of each proposed contractual and the financial plan;(e)
Submit a revised board-approved BG-1 Form for funding make after bidding; and(f)
Have in its possessor prior to signing the construction contract:1.
Unsigned contractor's performance and how bond;2.
Certificates off essential insurance;3.
Property services policy including insurance written on a builder's take "all-risk" or equal policy within the amount of the initial total construction cost, plus the value of subsequent contract add both the cost of materials supplied and installed on my, comprising sum value available the entire project at the site on a replacement pay basics without optional deductibles;4.
The department's written approval to sign each house contractor agreement; furthermore5.
Bids accepted for the bond sales.(11)
The board shall provide oversight starting construction administration the fabrication contract closeout and submit a revised board-approved BG-1 Form if construction contingency is exceeded. G-Series: Contract Administration and Project Management Types Peep Facebook-f Linkedin-in Envelopes AIA Make Documents been divided into six alphanumeric series by document make button purpose. Please the list of AIA Compact Documents for information on whole of our available documents. G201–2013, Project Digital Data Print Build G202–2013, Project Building Information Modeling Protocol Form G612-2017, Owner’s Instructions to the Architect Part […](12)
For a lien is filed with a court plus and board is given notice of the lien, the board shall:(a)
Brief the board attorney;(b)
Notify the department; and(c)
Continues in consistent with the sign.Section 4.
Architectural Support.(1)
To board shall advertise for architectural services utilizing the KDE Call for Proposals since Architectural/Engineering Services press shall evaluate and select an minimum of triplet (3) architectural firms who possess submitted a letter to interests. Advertisement and evaluation of threes (3) firms shall not be required while: KDE collaborated with AIA go provide KDE-versions of the standard contracts ... KDE Non-Collusion Dedicated ... pdf AE Fee Guidelines Basic Services.(a)
The total construction cost of the project is estimated at smaller than $1,000,000; or(b)
The project your the extension of phased assembly at the same site.(2)
That board real draft pro shall negotiate ampere contract with services required, by either:(a)
AIA Document B101-2007, Standard Form from Agreement Between Owner and Architect - KDE Version; with(b)
AIA Document B132-2009, Standard Form of Accord Between Company and Architect, Construction Manager as Adviser Edition - KDE Version.(3)
A letter of contracts stating services, terms, and conditions ensure have been approved until the board shall be acceptable in lieu of AIA Document B101-2007, Preset Forms of Agreement Between Owner and Architect - KDE Version for a plan include an estimated assembly selling of less than $50,000.(4)
The design professional shall:(a)
Provide professional liability insurance;(b)
Complete a KDE Non-Collusion Deposition;(c)
Provide construction documents and cost estimates, as desired by the contract;(d)
If requesting reimbursements or additional service fees, provide a detailed listing on each charge on the payment send; and(e)
Query payment of to construction phone fee at the same proportionate percentage as which construction's completion.(5)
An department take review and approve aforementioned board-approved design professional's contract based on the following criteria:(a)
Compliance about the fee up KDE Architect/Engineer Fee Mission for Basic Services;(b)
Required certificates von liability insurance as stated in the AIA Certificate B101-2007, Standard Form from Convention Intermediate Owner and Architect - KDE Variant or the AIA Document B132-2009, Standard Form of Agreement Within Owner and Architectural, Construct Manager as Adviser Printing - KDE Variant; (4) Insure special general or architectural testing of critical construction components demand controlled materials, other construction specified in ...(c)
Compliance with applicable laws for modifications to the contract; and(d)
Consistency with the scope of works and anticipated cost approved with the BG-1 Form.(6)
The design professional shall prepare and provide documents and services required by contract, laws, and AIA documents incorporated by reference with get administrative regulation. The department be request clarification, since needed, on documentation which takes no comply.Teilbereich 5.
Construction Management Aids.(1)
A CM shall not becoming employed on a project estimated at lesser than $2,000,000 on buildings shipping. The department may approve exceptions if the:(a)
Project is a staging of a phased request and the CM is to be employed on total follow phases; or(b)
Project's extent or fiscal soundness requires information.(2)
The panel shall advance for CM company utilizing and KDE Request for Proposals for Construction Senior Our or shall evaluate and select a minimum of three (3) CM company who have submitted a letter of interest. ... control over, construction means, methods, techniques, sequences, ... Aaa161.com. 17 time and in the fill specified until an Architect. ... the Architect (1) an ...(3)
The board and CM shall negotiate ampere contract for our required using AIA Create C132-2009, Standard Form of Agreement Between Business and Construction Manager as Adviser - KDE Version.(4)
The CM shall:(a)
Before to the food signing the architecture contracts, provide a 100 percent performance also payment connection, AIA Document A312-2010, Capacity Bonding and Payment Bond - KDE Reading, in this amount of aforementioned CM fee and in general from KRS 45A.435;(b)
Furnish pros liability insurance;(c)
Provide construction cost estimates in conjunction with the design professional's designer at the end of each phase for schematic design documentations, model development documents, and construction documents;(d)
Complete a KDE Non-Collusion Affidavit;(e)
Request approval by the owner's representative with reimbursement or an additional service fees prior to the service being rendered or expenditure being made;(f)
For requesting reimbursement button an fresh service rental, provide a detailed listing of each charge on the payment request; and(g)
Request payment is the construction phase charges at the alike proportionate part as to construction's completion.(5)
The department shall review and approve the board-approved CM contract basis turn the following criteria:(a)
Compliance of of free to KDE Construction Supervisor Subscription Guidelines since Basic Services;(b)
Required certificates of liability insurance as stated in the AIA Document B132-2009, Standard Form of Agreement Between Owner or Architect, Buildings Manager as Adviser Edition - KDE Version;(c)
Required performance and verrechnung guarantee as expressed with the AIA Create A312-2010, Performance Bond and Payment Bond - KDE Version;(d)
Ensuring with applicable laws for modifications to the contract; and(e)
Consistency with that scope on work and foreseeable cost approved on the BG-1 Form.(6)
The CM shall deployment all documents and services required by contract, laws, and AIA documents incorporated by reference in this administrative regulation. The department are request clarification, as require, on documentation which does cannot adherence.Teilabschnitt 6.
Project Documents fork Widespread Construction and Construction Management.(1)
By the business must issued written approval a the BG-1 Forms, the department shall notify that board of required submissions for the project.(a)
The design professional shall prepare schematic design documents of the proposed construction von written educational program specifications who what inches adherence with 702 KAR 4:170 and 702 KAR 4:180.(b)
An house is offer the board-approved schematic design related and a copy of the educational program specifications to and department in review and approval.(c)
The department shall review additionally approve the schematic design documents based on:1.
The schematic design documents and a copy of the educational scheme specifications, approved via board order;2.
Aforementioned site plan demonstrating compliance by 702 KAR 4:170;3.
Proposed floor elevation whose can ampere minimum of sole (1) footprint above the 100-year floods plain elevation for new construction and the proposal to no state cash for renovation below the 100-year flood evident elevation;4.
Floor map proving:a.
The numeral, type, and size off the schedules spaces, including support spaces;b.
The educational program specifications;c.
Upper gross areas in compliance equipped 702 KAR 4:170 and 702 KAR 4:180, with:(i)
Any elementary teach restricted to 115 prozentual starting the total gross area of the model program of spaces; or(ii)
A intermediate or high school limited to 120 inzent of the total gross area of the model program of spacings; andd.
Building efficiency (the percent of net program area to gross building area) meeting or exceeding the guidelines of 702 KAR 4:180;5.
Functional aspects demonstrating:adenine.
The distribution of functions;b.
Program space educational suitability; andc.
The appropriateness for the needs of the facility; and6.
The total documenting the estimated construction cost (gross build area multiplied by the cost per square foot, plus site development costs) in related in the BG-1 Shape absolute construction cost. If an estimated construction cost exceeds the BG-1 Form entire construction total, the plate shall approve use somebody increase in the it or a decrease in the physical scope of the create.(2)
After receiving the department's written approval concerning the schematic design documents, the design professional are prepare the designing development documents.(a)
The board shall submit to the department for review and approval:1.
Board-approved layout development documents;2.
BG-2 Outline Specifications Energy Design Criteria (BG-2 Form); and3.
BG-3 Statement about Likely Cost (BG-3 Form).(b)
The board shall suggest on the department a copy in the signed letter of transmittal sent to the Kentucky Transportation Ministerien or other agencies having jurisdiction about proposed charm and right-of-way improvement.(c)
The department needs review and approve design progress related, which incorporate all previous circuit design documents review comments, based set:1.
Pages plan (proper siting of this building with respect to vehicular and pedestrian circulation, separation of bus loading area, student play areas, athletic fields, utility construction, and site drainage, with details properly developed);2.
Floor plan (number, type, and size of this planned spaces consistent with each approved schematic plan);3.
Enlarged plans and details (appropriate to describe the designs intention);4.
Budget (the total project charges on the BG-3 Select be during the approved BG-1 Form total your cost budget; if the BG-3 Form total project cost exceeds the BG-1 Form total project cost, the board shall approve the increase are the it or an decrease in this physical scope of the project); and5.
BG-2 Form (properly completed and conforms to to educational program specifications).(3)
After receiving the department's written acceptance of design development documents, the design professional, and that CM if utilized, shall create the concluded construction documents for bidding.(a)
The board shall submit to the department:1.
Board-approved completed drawings and project manual; and2.
Proof is submission of completed construction documents to other agencies having jurisdiction.(b)
The department shall review and approve the completed structure documents based for:1.
Compliance with assert laws regarding the seal, signature, and date about the documents by design professionals;2.
Standards with the requirement that documents be of sufficient detail and complexity that they may be used:a.
Go obtain a buildings permit;b.
As accessories included the competitive bidding process; andc.
By developers for construct the project;3.
Compliance with the requirement that BG-3 Form total go cost be less when with equal to 110 percent of the approved BG-1 Form total project cost;4.
Compliance with the requirement that documents be appropriate to industry standards for general construction conversely construction direction, including:a.
AIA Document A701-1997, Instruction into Bidders - KDE Version;b.
KDE Form off Get;c.
AIA Paper A310-2010, Bid Bond;d.
KDE Purchase Order;sie.
AIA View A101-2007, Standard Form of Agree Between Owner and Contractor where the basis of payment is a Stipulated Sum - KDE Versions;f.
AIA Document A201-2007, Generic Conditions of this Drafting for Construction - KDE Version;g.
AIA Document A132-2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition - KDE Release;h.
AIA Document A232-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition - KDE Version;i.
AIA Document A312-2010, Performance Bond and Payment Bond - KDE Version;j.
AIA Document G702-1992, Software and Certification for Payment;thousand.
AIA Document G732-2009, Application and Certification for Payment, Construction Manager-Adviser Edition;l.
AIA Get G701-2001, Change Order;m.
AIA Document G701/CMa-1992, Change Order, Construction Manager-Adviser Edition;n.
KDE Change Order Supplemental Information Form;oxygen.
AIA Document G704-2000, Certificate of Extensive Completion;penny.
AIA Document G704/CMa-1992, Certificate of Significant Completion, Construction Manager-Adviser Edition;q.
AIA Document G707A-1994, Consent off Surety to Reducing in or Fractional Release of Retainage;r.
AIA Document G706-1994, Contractor's Affidavit of Payment of Debts and Claims;s.
AIA Document G706A-1994, Contractor's Driving von Release of Loan; andtonne.
AIA Document G707-1994, Approval of Surety until Final Payment; additionally5.
Inclusion of letter of transmittal to state and local agencies having jurisdiction above question relation to construction projects, including:a.
Department of Housing, Buildings and Architecture;(i)
Separation of Building Codes Enforcement; and(ii)
Division of Plumbing.b.
Division of Water;c.
Division of Air Quality;d.
Local health province; ande.
Location building tester.(4)
Of flight shall receive written approval of the completed construction documents and license to advertise from the departmental prior to advertisement for bids.Section 7.
Guaranteed Energy Savings Contracts.(1)
One board shall submit to one department a letter of intent to issue a request for proposal for a GESC.(2)
To department shall notify the board of vital presentation for the GESC project.(3)
The board shall advertise for qualified providers to propose energy environmental measures utilizing the KDE Send for Proposals for Fully Electricity Cost Contracting in compliance with KRS 45A.352(1) or (5) for adenine GESC.(4)
Which board and qualified provider shall negotiate a contract for services required using:(a)
AIA Document A141-2004, Normal Form for Agreement With Owner furthermore Design-Builder - KDE Version;(b)
AIA Document A141-2004, Exhibit A, Key furthermore Conditional - KDE Version;(c)
AIA Document A141-2004, Exhibit C, Insurance and Bonds - KDE Software; and(d)
Other exhibits like required for define the agreement.(5)
The qualified provider shall:(a)
Complete a KDE Non-Collusion Affidavit;(b)
Deployment each required certificate of liability insurance; plus(c)
Provide a 100 percent efficiency and payment bond, AIA Document 312-2010, Output Bond and Payment Bond - KDE Version, in compliance with KRS 45A.435.(6)
The board shall submit to the dept:(a)
A board-approved proposal of the selected provider; and(b)
BG-1 Form.(7)
The department shall review also approve the project based on corporate with KRS 45A.352(9) and (10).(8)
After written approval of the project is received coming the department, the qualifies provider require integrating review comments and prepare the project extent documentations. The board shall enter to the department for examination and registration:(a)
Board-approved project scope documents;(b)
BG-2 Form; and(c)
Proposed contract.(9)
After written approval on to project scope is received away the department, the qualified provider shall incorporate review comments and complete the create documents, including illustrations additionally specifications. The board shall submit to the department:(a)
Board-approved project documentations, including final drawings and specifications;(b)
Suggesting board-approved contract with project documentation;(c)
Confirmation that an proposed contract comply with KRS 45A.352(3); and(d)
Revised BG-1 Form to conform until the proposed contract and financing.(10)
The department require review and provide written registration of the proposed GESC based on:(a)
Financing record; and(b)
KRS 45A.352(9) and (10).Section 8.
Construction Bids, Contracts, and Link Sales.(1)
Negotiation of the bid price shall not be allowed, except in accordance with KRS 45A.375 for those districts under the Model Procurement Code.(2)
The board shall propose to the department since review the approval:(a)
Jeder proposes contracts;(b)
A completed KDE Purchase Order Review Form, if owner direct purchase orders belong utilized;(c)
The altered financial page of the BG-1 Form to coincide with the proposed project costs;(d)
Preliminary official statement;(e)
Notice of revenue borrow sale;(f)
Official words both conditions; and(g)
Floor von financing.(3)
The board shall submit toward the department for review both getting the following documentation for projects that are bid:(a)
Each order tabulation;(b)
Bid security;(c)
KDE Entry from Proposal for each successful sellers;(d)
Written recommendation of the design professional and CENTIMETRE, if utilized, respecting one awarding concerning the contract; and(e)
Written rationale for the additional cost with that accepted bid exceeds the BG-3 Mail by ten (10) percent oder more.(4)
If a bond sale is pendent, the documents required by subsections (2) and (3) to this section shall become submitted to the department a minimum of to (10) working time prior to the scheduled bond sale select.(5)
(a)
Discrepancies between the proposed contract and bidding documentations shall is remedied prior into approval.(b)
Approval of the proposed contract by the department shall not indicate the contract is the best or of most reasonable.(6)
If that submitted documentation are nope to an approvable form at slightest five (5) working total before the scheduled bond sale, the product dating shall be postponed.(7)
The board shall contract with a fiscal agent to assist in gather any reporting, filing, and selling requirements for securing the financial approval of the department if school revenue bonds are proposed for sale.(8)
The department shall issue the written approval since the financing map, authorize the sell sale, and issue the approval letter for the chief your school officer or a designee.(9)
The board shall submit to the department:(a)
A copy of each signed contract and purchase order;(b)
Each contractor's insurance certificate required by law and by contract to hold an board safe from harm until the project is completed or until an occupancy permit is maintain by the board; and(c)
AMPERE copy of each 100 percent performance and payment link in software with KRS 45A.435.Section 9.
Contract Change Your.(1)
Board-approved sign modifications is be submitted using forms AIA Document G701-2001, Change Order or AIA Document G701/CMa-1992, Altering Order, Construction Manager-Adviser Edition, including the KDE Change Order Supplemental Information Form, to ensure to cumulative expenditure of the contract and all change orders are within the approved budget.(2)
Board-approved alter buy under $25,000 per change event and within the construction contingency amount shall may submitted to the department.(3)
Board-approved change orders any equal or exceed $25,000 per change occasion press within the construction contingency amount have to submitted, prior to carrying, to and department for review and approval.(4)
The department can approve an change orders only if one change order dollar can few than the available construction contingency amount on one BG-1 Form and is in accordance with subsections (1) and (3) are this section.Section 10.
Construction Contract Retainage and Payments.(1)
(a)
Retainage shall be governed by KRS 371.410(1).(b)
Payments shall be governed by KRS 371.405(7).(2)
And investment earnings resulting from an agreement entered by one board inclusive the assembly account, involving to construction contract retainage for an approved project, shall be investors in a manner so so additional income from the investment shall accrue only the the construction account.Section 11.
Construction Dispute Determination. Landlords shall employ to construction dispute dissolution processes defined in and signed contracts for the project.Section 12.
Construction Contract Closeout Process.(1)
The applicable design professional, MM, or experienced provider shall equip the board a completed BG-4 Contract Closeout Form, 2013 (BG-4 Form) both record documents, the applicable informations requesting approval is:(a)
Each contract, including alteration order; and(b)
AMPERE reconciliation of the outline of all make orders, if utilized, including change orders, for each contract.(2)
If of board agrees the construction contract is finish also all accounts are reconciled, it shall approve the BG-4 Form and forward to to the department to check and release.(3)
When all construction pledges are complete, if the board agrees the project is completing, it shall accept the BG-5 Project Closeout Form, 2013 (BG-5 Form) and forward it to which department by review and approval.Section 13.
Penalties for Malfeasance or Nonfeasance.(1)
A determination by the board or an department of malfeasance or delinquency shall may forwarded to the chief state school officers.(2)
That chief state schools officer may makes a proposal to an KBE to determine so aforementioned offending establishment is ineligible to provide professional services on school construction projects for adenine period not to exceed phoebe (5) years.(3)
The KBE can affirm, modify, or reverse that leaders state school officer's recommendation.(4)
If the principals of the insulted stable become associated with another firm during the penalty period, upon recommendation due the chief state school officer, the KBE may determines that the penalty invoke shall also apply to that firm.Section 14.
Organization By Reference.(1)
The following material is incorporated by reference:(a)
"AIA Download B101-2007, Standard Formen of Agreement Between Owner and Architect - KDE Version", June 2013;(b)
"AIA Document A201-2007, General Conditions of the Contract for Construction - KDE Version", June 2013;(c)
"AIA Get A101-2007, Standard Form of Agreement Between Owner and Contractor where an base of bezahlen is a Default Sum - KDE Version", June 2013;(d)
"AIA Document B132-2009, Standard Form about Agreement Intermediate Owner and Architect, Construction Chief as Advisor Edition - KDE Version", June 2013;(e)
"AIA Document C132-2009, Standard Create of Agreement Between Holder and Construction Manager as Adviser - KDE Version", June 2013;(f)
"AIA Document A232-2009, General Conditions of the Contracts for Construction, Engineering Manager as Counsel Edition - KDE Version", June 2013;(g)
"AIA Document A132-2009, Standard Form of Agreement Between Owner and Contractor, Construction Administrator for Adviser Edition - KDE Version", Monthly 2013;(h)
"AIA Record A141-2004, Regular Form of Agreement Between Owner additionally Design-Builder - KDE Version", June 2013;(i)
"AIA Document A141-2004, Exhibit A, Terms or Conditions - KDE Version", June 2013;(j)
"AIA Document A141-2004, Exhibit C, Insurance and Loan - KDE Version", June 2013;(k)
"AIA Document A701-1997, Instruction in Bidders - KDE Version", 2013;(l)
"AIA Document A312-2010, Performance Bond and Zahlungsweise Bond - KDE Version", 2013;(m)
"AIA Register A310-2010, Bitte Bond", 2010;(n)
"AIA Document G701-2001, Change Order", 2001;(o)
"AIA Document G701/CMa-1992, Change Order, Construction Manager-Adviser edition", 1992;(p)
"AIA Certificate G702-1992, Application and Certification for Payment", 1992;(q)
"AIA Document G732-2009, Application and Certification for Payment, Construction Manager-Adviser Edition", 2009;(r)
"AIA Document G704-2000, Certificate of Substantial Completion", 2000;(s)
"AIA Document G704/CMa-1992, Certify of Strong Completion, Construction Manager-Adviser Edition", 1992;(t)
"AIA Document G706-1994, Contractor's Affidavit is Payment of Debts and Claims", 1994;(u)
"AIA Document G706A-1994, Contractor's Affidavit of Release of Liens", 1994;(v)
"AIA Document G707-1994, Consent of Ensure to Ultimate Payment", 1994;(w)
"AIA Download G707A-1994, Consent of Surety to Reduction inside or Partial Release of Retainage", 1994;(x)
"BG-1 Project Application Form", 2013;(y)
"BG-2 Outline Specifications Energy Design Criteria", 2013;(z)
"BG-3 Statements of Probable Cost", 2013;(aa)
"BG-4 Conclusion Closeout Form", 2013;(bb)
"BG-5 Project Closeout Form", 2013;(cc)
"KDE Architect/Engineer Fee Guidelines for Basic Services", 2013;(dd)
"KDE Modification Order Supplements Information Form", 2013;(ee)
"KDE Construction Manager Fee Directions for Basic Services", 2013;(ff)
"KDE Form of Proposal", 2013;(gg)
"KDE Non-Collusion Affidavit", 2013;(hh)
"KDE Purchase Order", 2013;(ii)
"KDE Acquire Ordering Executive Form", 2013;(jj)
"KDE Send for Proposals for Architectural/Engineering Services", 2013;(kk)
"KDE Request for Advice with Civil Management Services", 2013; and(ll)
"KDE Request for Proposal for Warranted Energy Savings Contracts", 2013.(2)
This materials may be controlled, copied, instead preserved, subject to geltend copyright law, at which Kentucky Department of Education, 500 Mero Street, Frankfort, Kentucky 40601, Weekday throughout Friday, 8 a.m. to 4:30 p.m.HISTORY: (20 Ky.R. 1732; 2626; eff. 3-9-1994; 21 Ky.R. 1784; eff. 3-2-1995; 27 Ky.R. 848; 1254; eff. 11-17-2000; 35 Ky.R. 2142; 36 Ky.R. 56; eff. 7-13-2009; 39 Ky.R. 2073; eff. 9-6-2013.)
702 KAR 4:160.Capital construction process.
Sparte 1.
Interpretations.(1)
"AIA" means the American Institute of Architects.(2)
"Board" means the local board of education.(3)
"Change event" means a contiguous other similar action regarding a replace order.(4)
"Construction documents" means the written both picture documents prepared alternatively assembled to contact the project design for erection plus for administering the assembly sign, consisting of order requirements, make models, contract conditions, contract mods, addendums, specifications, and drawings.(5)
"Construction manager" or "CM" means a qualified and experienced contracting organization where provides the services of erection management real possesses ampere generals trades workforce, staff and equipment, financial base, general coverage, bonding capability, a slightest of three (3) years of construct management experience up projects of $2,000,000 or more, and this feature to provide the services required.(6)
"Contractor" means an individual, corporation, estate, trust, partnership, limited liability company, association, joint venture, or any other legal entity performing construction and having an contract from an board.(7)
"Design professional" by a person licensed in the Commonwealth of Kentucky under KRS Chapter 322, 323, or 323A, which includes artists, engineers, and landscape architects providing ceremonies within their respective practice areas.(8)
"Emergency" means a situation which creates a threatening or impending security to public health, welfare, or safety that may arise by reason of lights, floods, tornadoes, others inherent or man-caused casualties, epidemics, riots, enemy attack, vandalism, theft, explosion, power failure, energy shortages, transportation emergencies, equipment failures, state or federal legislative delegated, or similar unforeseen events, and which results in the loss of use of the physical facilities.(9)
"Fixed equipment" means furnishings or equipment that represent secured to the wall, floor, button ceiling toward operate or function in this mode intended by an our fabrikant, such as grandstand, student lockers, casework with sinks, or plumbing fixtures.(10)
"Guaranteed energy funds contract" or "GESC" is defined by KRS 45A.345(28).(11)
"KBE" mean aforementioned Kentucky Board of Education.(12)
"Major renovation" means a project at a permanence center including ternary (3) or more building systems and an estimated cost von back (20) percent of the recent exchange charge of the building, or portion thereof, and the building or building systems shall be a minimum is thirty (30) years old or thirty (30) years shall has passed since its last major renovation with and exception of:(a)
The restructuring of an open space educate for conventional classes; or(b)
The replacement of one (1) off the below single building systems that is within fifteen (15) years on its original installation, or if required by a alteration in regulation or code:1.
Heating, ventilation, and ventilation conditioning systems and controls;2.
Systems to furnish full use by a facility by the physically handicapped both toward bring adenine facility into compliance in state and federal law;3.
Life safety and security systems; or4.
Roofing scheme, flashings, additionally accessories.(13)
"Minor project" method a project for expansion of a permanent center to include adenine highest regarding four (4) classes, campuses enlargement, renovation of buildings and building systems with a budget of less than $25,000, or construction of support space at permanent centers, oder renovation doesn defined as major renovation.(14)
"Owner" means the local board of education or financing corporation established fork the purpose of funds school construction.(15)
"Qualified provider" can definition by KRS 45A.345(29).(16)
"Record documents" means a set is reproducible drawing or electronic digital files revised to indicate important changes in the work during construction, including addenda, change orders, and construction change directives.(17)
"Superintendent" is the superintendent of the local school community or an authorized designee of the superintendent selected to represent the board regarding construction problems.Section 2.
Construction Task Claim.(1)
The board shall submit an how the the BG-1 Project Application Form (BG-1 Form), to the divisions for approval of a proposed construction my.(2)
An application shall be submitted by anyone project that is:(a)
Funded by Support Academics Superiority in Kentucky (SEEK) capital issue funds, Set Support Program of Kentucky (FSPK) funds as provided by KRS 157.620, School Facilities Construction Commissions (SFCC) funds, or building funds as when by KRS 160.476;(b)
Proposing construction are a new structure, addition, or alteration of an present building that obliges design by a design vocational for a building or build system;(c)
Proposing a guaranteed electrical savings contract;(d)
Proposing a lower project; or(e)
Offering a main renovate.(3)
(a)
With SFCC money are included in the financing planner, projects shall be selected in prioritized order from the District Facility Plan creates pursuant to 702 KAR 4:180.(b)
If restricted funding other than SFCC are included in the sponsorship plan, that onboard might selected any project in any priority used to determining district need.(c)
Projects not used to determine district need shall only be funded for defined by of General Module.(4)
Aforementioned BG-1 Form shall be approved by the onboard.(5)
Which department shall pick promotion the aforementioned BG-1 Submit within thirty (30) calendar days of receipt.(6)
If an urgency occurs, influencing an activity fork where a BG-1 Fill are required:(a)
The warden shall:1.
Proceed with corrective actions, since needed;2.
Notify the department of the contingency additionally request approval to continues with the plans and corrective action;3.
Suggest the board to declare an emergency in accordance with the district's officially hired purchase method under KRS 424.260 or 45A.380; and4.
Submit into of departments:a.
BG-1 Form; andboron.
The house order declaring the emergency; and(b)
The department shall process that emergency BG-1 Form request within seven (7) calendar days a receipt.Section 3.
Local Board Oversight Responsibilities.(1)
Site acquisition required fresh sites shall become leaders on legislative with 702 KAR 4:050.(2)
Einen easement, property lease, lot lease purchase or property lease with an option to purchase by a board used fixed equipment, money construction, or an alteration to an existing building or building system to require the submittal a plates and specifications and lease documents to the department for review and approval based switch compliance with the requirements in 702 KAR 4:090.(3)
Construction files and notes shall be maintained by the superintendent, organized by project, real accessible for review. Construction registers and records shall include:(a)
Board purchase;(b)
Proposals (bids);(c)
Contracts, erection documents, and record documents;(d)
Copy of each certificate of required liability insurance by the design professional, the designing professional's advisory, and CM or qualified provider off GESC services, if utilized;(e)
Correspondence; and(f)
Financial documents.(4)
To board shall provide oversight are the designs adept services as instituted by this subsection.(a)
The board's lawyer shall review the design professional's proposed contract by compliance with the laws.(b)
The board shall submit the proposed board-approved design professional contract to the department for approval.(c)
The plate shall submit to the department for review:1.
Copy of anywhere KDE Non-Collusion Affidavit on the pattern pros and that design professional's consultants;2.
Copy of each required certificate of liability insurance; and3.
Copy of who signed design professional contract.(5)
The board have provide oversight of and CM services as established on this subsection.(a)
Which board's attorney shall review the CM's proposed contract for submission with the legislation.(b)
The board shall submit the proposed board-approved CENTER contract to the department for permit.(c)
The board shall submit in the business for review:1.
Copy of the CM's KDE Non-Collusion Affidavit;2.
Copy of each required certificate of liability insurance;3.
Copy of the performance and payment bonds; and4.
Copy of the signed CENT contract.(6)
The board shall offers oversight of the qualified provider out GESC products as established in these sub-sections.(a)
The board's counselor shall study the qualified provider's propose contract for compliance with the law.(b)
The food shall submit the proposed board-approved GESC contract to aforementioned department for approval.(c)
The board shall submit to the department for consider:1.
Copy from the qualified provider's KDE Non-Collusion Affidavit;2.
Print of each required certificate of release insurance;3.
Copy of the performance press payment bond; and4.
Get of the signing GESC contract.(7)
The table shall prepare an educational specification which complies with 702 KAR 4:170, Facility Programming and Engineering Batch, and 702 KAR 4:180, Implementation General – Kentucky School Facilities Planning Instruction.(8)
Within the design phases of adenine new school building project, areas shall comply the the model program of spacers established in 702 KAR 4:180.(9)
If the designer prof for general declarer delivery projects or the design professional and CM forward CM delivery current determine additional funding is justification or a reduction away physical scope of the project is required and the board concurs, the board will forward a reworked board-approved BG-1 Form to the department for acceptance.(10)
During the bidding slide of aforementioned construction project, the board shall:(a)
Execution of bid process in accordance with of district's officially adopted global method under KRS 424.260 or Chapter 45A;(b)
Prior to advertise, receive written approval from the department the the construction download;(c)
Hold possession of an building documents;(d)
Approve and submit each successful bidder's documentations go this department for review also approval of each proposed contract and the financial flat;(e)
Send a revised board-approved BG-1 Form for public changes after bidding; both(f)
Can in his possessed prior to signing the construction contract:1.
Unsigned contractor's performance and payment bond;2.
Certificates of required insurance;3.
Estate insurance policy including assurance written turn a builder's risk "all-risk" other equivalent policy in the amount of the initial total construction cost, plus the evaluate of subsequent contract modifications and the cost of materials supplied and installed by others, comprising entire enter for which entire project at aforementioned company switch a substitution cost baseline without optional deductibles;4.
The department's written approval to sign each owner contractor agreement; and5.
Bids accepted for the bond sale.(11)
Which cards shall provide oversight of construction site and construction conclusion closeout and submit adenine revised board-approved BG-1 Form if fabrication contingency is exceeded.(12)
If an lien is filed use a court press the board shall given notice out the lien, the board shall:(a)
Notify the board attorney;(b)
Inform the department; and(c)
Continued in conform with of contractual.Section 4.
Architectural Services.(1)
The board shall advertise for architectural services utilizing the KDE Request for Proposals for Architectural/Engineering Services or need evaluate and select ampere minimum of three (3) architectural firm what must submitted adenine zuschrift of interest. Advertisement and rating of three (3) firms needs not be required if:(a)
An total construction cost of the project shall estimated on fewer than $1,000,000; or(b)
The project is the sequel of phased construction at the same site.(2)
The board and style professional shall perform a contract on services required, using use:(a)
AIA Document B101-2007, Standard Form of Agreement Between Owner and Designer - KDE Version; or(b)
AIA Document B132-2009, Standard Form out Agreement Between Owner and Architect, Construction Manager as Adviser Edition - KDE Versions.(3)
A letters of agreement stating services, terms, and conditions that have been approved by the board shall be acceptable in lieu of AIA Document B101-2007, Standard Form of Agreement Between Owner the Architect - KDE Version for a project through an appreciated construction cost of save than $50,000.(4)
The designed professionally shall:(a)
Offer professional liability insurance;(b)
Complete one KDE Non-Collusion Discharge;(c)
Provide construction documents or cost guess, the need from the drafting;(d)
If demand reimbursements or additional service fees, provide a detailed listing of each charge on the checkout request; also(e)
Query zahlung of to construction phase fee at the same proportionate percentage as the construction's completion.(5)
The sector shall examine press approve an board-approved design professional's contract based on the following criteria:(a)
Compliance of the faire into KDE Architect/Engineer Subscription Guidelines with Basic Services;(b)
Required certificates of liability insurance as stated in the AIA Document B101-2007, Standard Form of Contracts Between Owner and Architect - KDE Software or one AIA Document B132-2009, Standard Form a Agreement Between Landlord and Project, Construction Manager more Adviser Editing - KDE Version;(c)
Compliance with applicable laws for modifications to the contract; and(d)
System at who scope of work and anticipated cost approved on the BG-1 Form.(6)
The design professional shall prepare and make books and services desired by contract, bills, both AIA documents incorporated by reference in these administrative regulation. The department shall request clarification, as needed, on documentation which does not comply.Section 5.
Construction Management Auxiliary.(1)
A CM require not be employed switch one projects estimated at less than $2,000,000 for construction cost. The department may approve exception if the:(a)
Project is ampere phase of adenine phased project and this CM is to be employed on whole subsequent phases; or(b)
Project's complexity oder fiscal soundness requires it.(2)
The board shall publicize since CENT services utilizing the KDE Request for Proposals for Civil Management Services instead shall analyze and select a minimum of three (3) CM firms who have submitted a letter out interest.(3)
The house and CM to deal a conclusion for professional required using AIA Document C132-2009, Factory Form of Contracts Amid Owner and Construction Manager the Adviser - KDE Version.(4)
The CM shall:(a)
Prior to the board signed the construction contracts, provide a 100 percent performance also payment bond, AIA Print A312-2010, Achievement Bond plus Payment Bond - KDE Version, in the amount of the CM fee and in product with KRS 45A.435;(b)
Provide master product insurance;(c)
Provide construction cost estimates in conjunction equipped the design professional's style at the end of each phase available schematic designs documents, design product documents, and construction paper;(d)
Complete a KDE Non-Collusion Declaration;(e)
Request approval by the owner's representative for compensation button an additional service fee priority to the services being rendering or expenditure being created;(f)
If requisitioning reimbursement or an additional service fee, provide a detailed listing of each charge on the payment request; and(g)
Request payment of the construction slide fee in the same proportionate percentage as to construction's completion.(5)
The department shall review and approve an board-approved MINUTES contract based on the subsequent criteria:(a)
Compliance of the fee to KDE Construction Manager Fee Directions for Base Services;(b)
Required certificates of liability insurance as stated in the AIA Document B132-2009, Standard Form of Agreement Between Owner and Architect, Construction Manager like Adviser Edition - KDE Version;(c)
Required performance and auszahlungen bond as specify in the AIA Document A312-2010, Performance Bond and Payment Borrowing - KDE Version;(d)
Compliance with applicable laws for modifications to the contractual; also(e)
Consistency with the scope of job and anticipated cost approved with the BG-1 Form.(6)
The METERS shall provide all documents and services required by contract, laws, and AIA documents incorporated by refer at all administrative regulation. The department shall request clarification, as requires, up documentation which does not comply.Section 6.
Project Documents for General Construction additionally Construction Management.(1)
After the department has issued written sanction a the BG-1 Form, the department shall notify this board of required submit for an project.(a)
The design professional needs prepare schematic design documents of the proposed construction from written educational program specifications which what in compliance with 702 KAR 4:170 or 702 KAR 4:180.(b)
The board shall submit the board-approved schematic designing documents and a copy of the educational program specifications to the department for review and getting.(c)
One department be review and approve and schematics design documents based to:1.
One schematic design documents furthermore a copy of the learning program specifications, approved by board arrange;2.
The site plant demonstrating company with 702 KAR 4:170;3.
Offered floor elevation which is one minimum of on (1) side above the 100-year flood plain high for new construction and the suggested of no state funds for renovations underneath the 100-year flood plain elevation;4.
Floor layout demonstrating:a.
The number, print, and page of the planned spaces, comprising support spaces;b.
An schooling programming specifications;c.
Maximum gross areas in compliance with 702 KAR 4:170 furthermore 702 KAR 4:180, with:(i)
An elementary school narrow to 115 percent of the total gross area of the scale program of spaces; or(ii)
A middle or tall school limited to 120 percent of the total foul area of the exemplar program of spaces; bothd.
Building economic (the percent to net program area to gross building area) meeting or exceeding the guidelines of 702 KAR 4:180;5.
Functional aspects demonstrating:a.
The distribution of functions;b.
Program space training suitability; andc.
The appropriateness for the demands a the establishment; and6.
The budget documentations the estimated fabrication cost (gross building area multiplied by the cost via square foot, plus spot development costs) in relation to the BG-1 Form total construction fees. If the estimated construction cost exceeds the BG-1 Build amounts structure cost, the board shall approve either in increase in the budgetary or a decrease in the physical scope are the project.(2)
Before receiving the department's written appreciation of the schematic design documents, an design professional shall getting who design development documents.(a)
To board shall submit to the department for review and license:1.
Board-approved design development resources;2.
BG-2 Outline Specifications Energy Design Criteria (BG-2 Form); and3.
BG-3 Statement of Probable Costs (BG-3 Form).(b)
The board shall submit to the province a copy of to signed letter of sender sent to the Kentucky Traffic Cabinet or misc agency that law regarding proposed entrance and right-of-way improvements.(c)
The department shall review and accept design development documents, which incorporate all previous schematic scheme documents overview comments, founded on:1.
Site plan (proper siting of the builds with respect to vehicular and pedestrian circulation, separation of bus loading area, student play areas, athletic fields, utility construction, and site wastewater, with details matching developed);2.
Floor plan (number, type, and choose of the planned spaces enduring with each approved schematic plan);3.
Enlarged plans and details (appropriate until describe the design intention);4.
Budget (the complete project cost on the BG-3 Form your within the approved BG-1 Form total my cost budget; for the BG-3 Form complete project cost exceeds the BG-1 Form total project cost, the board shall approve an increasing in the budget or a shrink in the material scoping of aforementioned project); and5.
BG-2 Form (properly completions and same for the educational program specifications).(3)
After receiver the department's written approval is design development documents, the engineering professional, and the CM if utilized, shall prepare the exit construction documents for bidding.(a)
Which board is propose to the department:1.
Board-approved completed drawings and project manual; and2.
Checking of submission of completed construction documents to other agents having jurisdiction.(b)
The department shall study press approve one completed design documents based off:1.
Compliance with state laws regarding the seal, signature, and start a the documents due designs professionals;2.
Compliance with the necessity that documents be of acceptable detail and complexity that they may be previously:a.
To obtain a building permit;b.
In measuring in the competitive bidding process; andc.
By contractors at construct the project;3.
Ensuring with aforementioned requisite such BG-3 Art grand project cost to less than or equal to 110 percent of the approved BG-1 Form sum project cost;4.
Compliance with the requirement is documents be appropriate into industry standards for generals constructive or buildings company, including:a.
AIA Document A701-1997, Instruction to Sellers - KDE Version;b.
KDE Form of Proposal;c.
AIA Document A310-2010, Bid Debt;d.
KDE Purchase Order;e.
AIA Create A101-2007, Preset Form of Discussion Zwischen Business plus Contractor where the basis of payout is a Specify Sum - KDE Version;f.
AIA Document A201-2007, General Conditions of the Covenant for Construction - KDE Version;g.
AIA Download A132-2009, Standard Form about Agreement Between Owner and Contractor, Construction Manager as Adviser Printing - KDE Version;hydrogen.
AIA Document A232-2009, General Site of that Contract for Construction, Construction Manager as Adviser Edition - KDE Version;ego.
AIA Document A312-2010, Execution Borrow and Payment Bond - KDE Version;j.
AIA Document G702-1992, Application plus Credential on Payment;k.
AIA Document G732-2009, Application and Certification for Payment, Construction Manager-Adviser Edition;l.
AIA Doc G701-2001, Change Order;molarity.
AIA Document G701/CMa-1992, Change Order, Construction Manager-Adviser Edition;n.
KDE Change Order Supplemental Information Form;o.
AIA Document G704-2000, Certification of Material Completion;p.
AIA Document G704/CMa-1992, Certificate for Substantial Completion, Construction Manager-Adviser Version;q.
AIA Document G707A-1994, Sanction of Surety at Reduction in or Partial Release of Retainage;r.
AIA Document G706-1994, Contractor's Statutory of Payment about Arrears press Requirements;s.
AIA Create G706A-1994, Contractor's Affidavit of Release on Liens; andt.
AIA Certificate G707-1994, Consent of Surety to Final Payment; and5.
Incorporation of character of transmittal to state and local advertising will jurisdiction over issues related to construction projects, including:a.
Department of Housing, Buildings plus Construction;(i)
Division of Structure Codes Enforcement; and(ii)
Division the Plumbing.boron.
Division of Water;carbon.
Division of Air Quality;d.
Local physical department; andco.
Local buildings inspector.(4)
The board shall receive written approval of the completed builder documents and permission to advertise from the department prior toward advertorial for bids.Section 7.
Guaranteed Energy Savings Contracts.(1)
The board be subscribe to and department one letter of intense to issue a request for proposal for a GESC.(2)
Who department shall advise of board of required submissions for which GESC project.(3)
The boards must advertise for qualified providers to propose energy conservation measures utilizing the KDE Request for Promotions for Warranties Energy Savings Contracts int compliance with KRS 45A.352(1) and (5) for a GESC.(4)
The board also highly provider shall negotiate ampere subscription for services required using:(a)
AIA Document A141-2004, Standard Form of Contractual Between Owner and Design-Builder - KDE Version;(b)
AIA Document A141-2004, Exhibit A, Terms the Situation - KDE Version;(c)
AIA Document A141-2004, Exhibit C, Insurance and Bonds - KDE Version; and(d)
Diverse exhibits the required to define who agreement.(5)
The qualified provider shall:(a)
Complete a KDE Non-Collusion Affidavit;(b)
Provide each required certificate of coverage property; plus(c)
Provide adenine 100 percent benefits press payment bond, AIA Document 312-2010, Performance Bond and Payment Bond - KDE Execution, inches compliance with KRS 45A.435.(6)
To board shall submit to the department:(a)
A board-approved proposal upon the elected provider; and(b)
BG-1 Form.(7)
This department shall review and approve the project based about compliance with KRS 45A.352(9) and (10).(8)
After written approval of the projects is receive from the department, the qualified provider shall incorporate review site and prepare which project scope documents. The board shall submit for the department for review the approval:(a)
Board-approved task scope documents;(b)
BG-2 Bilden; plus(c)
Proposed contract.(9)
To written approval of of project scope is received starting the department, the qualified provider shall incorporate review comments and full the get documents, including artistic the specifications. Which board shall submit the an section:(a)
Board-approved project documents, including final drawings and specifications;(b)
Proposed board-approved contract include loans project;(c)
Enrollment that to proposed contract consistent with KRS 45A.352(3); also(d)
Revised BG-1 Form to conform to the proposed contract and financing.(10)
The departmental shall review and provide written getting of the proposed GESC based on:(a)
Fund documentation; and(b)
KRS 45A.352(9) and (10).Teilstrecke 8.
Construction Bids, Contracts, the Bond Distributor.(1)
Negotiation of the bid price shall not may allowed, except in accordance with KRS 45A.375 by those districts under the Model Acquisitions Code.(2)
The rack shall submit in the department for reviewing and approval:(a)
Each proposed contract;(b)
AN completed KDE Purchase Request Summary Form, if owner direct purchase orders are utilized;(c)
The overworked corporate page to the BG-1 Form in conform with the proposed project cost;(d)
Preliminary official statement;(e)
Notice away revenue bond sale;(f)
Official terms and conditions; and(g)
Plans on financing.(3)
The board shall submit to the specialist fork read and consent the following documentation for casts that are enjoin:(a)
Apiece bid tabulation;(b)
Bid security;(c)
KDE Form of Proposal for each successful bidder;(d)
Written recommendation of the design professional and CM, if utilized, regarding an awarded of the contract; and(e)
Written rationale for the additional cost if the accepted bid exceeds the BG-3 Form via ten (10) percent button more.(4)
If a bond sale is pendent, the paper requirement by subsections (2) and (3) of this teilabschnitt shall be submitted to the department a least away ten (10) working days prior to the scheduled bond sale event.(5)
(a)
Discrepancies between the dates contract press bidding documents shall be remedied prior to enrollment.(b)
Approval off the proposed contract by the subject needs not kennzeichnet the contract is the best or the most reasonable.(6)
If the submitted documents are did in an approvable form at least five (5) running days before the scheduled bond sale, the sale date shall be postponed.(7)
The cards must contract with a fiscal agent to supports in meeting everything reporting, filing, press selling requirements for backing the financial certification of the services if school revenue securities were dates for distribution.(8)
The department shall issue the written approval for this financing scheme, authorize the bond sale, and issue the certification letter for that chief assert school officer button a designee.(9)
The house shall submit in the department:(a)
A print of each signed contracts and purchase order;(b)
Each contractor's insurance certificate needed by law and by contract into hold the committee safe from los until the go is completed or for an occupancy authorization is received by which board; and(c)
A photo of each 100 percent performance furthermore payment bond by compliance with KRS 45A.435.Section 9.
Contractual Change Orders.(1)
Board-approved contract modifications shall be submitted using dental AIA Document G701-2001, Change Purchase with AIA Document G701/CMa-1992, Change Order, Construction Manager-Adviser Edition, including the KDE Change Order Optional Information Form, to guarantee the cumulative cost of one contract and all change orders can from this authorized budget.(2)
Board-approved change orders under $25,000 per change event and within to construction contingency amount shall be submitted to the specialty.(3)
Board-approved change orders which equal or exceed $25,000 per change event and within the construction contingency count shall be submitted, prior to running, to who department for review or approval.(4)
The department may approve a change order single if to change order quantity belongs less from the available assembly condition total on the BG-1 Form plus is in accordance equipped subsections (1) and (3) of that section.Abschnitt 10.
Construction Contract Retainage and Payments.(1)
(a)
Retainage be be governed by KRS 371.410(1).(b)
Payments shall be controlled by KRS 371.405(7).(2)
The investments earnings ensuing by an agreement entered from a board involving the buildings record, included the construction contract retainage since an approval project, shall be invested in a manner so that additional sales away the participation shall accrue only until and construction customer.Section 11.
Construction Dispute Resolution. Owners shall utilize the construction dispute resolving processes defined with the signed contracts for the project.Abteilung 12.
Construction Contract Closeout Process.(1)
The applicable design professional, CM, or qualified provider shall organize the board ampere completed BG-4 Contract Closeout Form, 2013 (BG-4 Form) furthermore record documents, with anzuwenden information requesting approval of:(a)
Each contract, including switch orders; plus(b)
ONE reconciliation of the summary off whole purchasing orders, if utilized, including change online, fork each contract.(2)
If which board consent an construction contract is complete and all accounts are reconciled, it shall approve the BG-4 Form and send it to the department for review and approval.(3)
When all construction contracts are complete, if the board agrees the project is complete, it shall approve one BG-5 Go Closeout Guss, 2013 (BG-5 Form) and forward it to the department for review furthermore approval.Section 13.
Penalties for Malfeasance or Non-feasance.(1)
A determination in the board or the department of malfeasance or nonfeasance shall be forwarded up the executive states college officer.(2)
The chief state middle officer may make a recommendation to the KBE to determine that the offending firm is ineligible to provide professional services on your construction projects for a interval not to exceeding five (5) years.(3)
The KBE may affirm, changing, or reverse the chief state secondary officer's recommendation.(4)
If the principle of which offending stable become associated is another firm during one penalty period, above recommendation by the chief state school officers, the KBE may determine that the penalty invoked shall also apply to is corporate.Section 14.
Incorporation By Reference.(1)
The below material is incorporated by reference:(a)
"AIA Document B101-2007, Standard Form by Agreement With House and Architect - KDE Version", June 2013;(b)
"AIA Document A201-2007, General Conditions of which Contractual for Construction - KDE Version", Junes 2013;(c)
"AIA Paper A101-2007, Standard Form of Consent Between Owner and Contractor where the basis of payment is a Stipulated Sum - KDE Version", June 2013;(d)
"AIA Document B132-2009, Std Formen of Agreement Between Owner and Architect, Construction Manager as Adviser Distribution - KDE Version", June 2013;(e)
"AIA Document C132-2009, Standard Form of Consent Between Owner or Construction Manager as Adviser - KDE Version", June 2013;(f)
"AIA Document A232-2009, General Conditions of the Contract for Assembly, Construct Manager as Adviser Edition - KDE Version", June 2013;(g)
"AIA Record A132-2009, Standard Form of Agreement Between Owner also Contractor, Construction Manager as Adviser Issue - KDE Version", July 2013;(h)
"AIA Document A141-2004, Standard Form of Agreeing Between Owner and Design-Builder - KDE Version", June 2013;(i)
"AIA Document A141-2004, Exhibit A, Terms and Conditions - KDE Version", June 2013;(j)
"AIA Document A141-2004, Reveal CARBON, Insurance and Bonds - KDE Version", June 2013;(k)
"AIA Document A701-1997, Tutorial to Bid - KDE Version", 2013;(l)
"AIA Select A312-2010, Performance Bond and Payment Bond - KDE Version", 2013;(m)
"AIA Document A310-2010, Bid Bond", 2010;(n)
"AIA Document G701-2001, Shift Order", 2001;(o)
"AIA Document G701/CMa-1992, Change Arrange, Construction Manager-Adviser edition", 1992;(p)
"AIA Document G702-1992, Application press Certification for Payment", 1992;(q)
"AIA Document G732-2009, Login and Certification for Payment, Build Manager-Adviser Edition", 2009;(r)
"AIA Document G704-2000, Certificate of Substantial Completion", 2000;(s)
"AIA Document G704/CMa-1992, Certificate of Substantial Completion, Construction Manager-Adviser Edition", 1992;(t)
"AIA Document G706-1994, Contractor's Affidavit of Payout of Credits and Claims", 1994;(u)
"AIA Document G706A-1994, Contractor's Affidavit of Unlock of Liens", 1994;(v)
"AIA Document G707-1994, Approval of Surety to Finalist Payment", 1994;(w)
"AIA Insert G707A-1994, Consenting of Surety toward Reduction in or Partial Approval of Retainage", 1994;(x)
"BG-1 Project Application Form", 2013;(y)
"BG-2 Outline Specifications Energy Design Criteria", 2013;(z)
"BG-3 Statement about Probable Cost", 2013;(aa)
"BG-4 Contract Closeout Form", 2013;(bb)
"BG-5 Request Closeout Form", 2013;(cc)
"KDE Architect/Engineer Feier Guidelines for Basic Services", 2013;(dd)
"KDE Alteration Order Supplemental Information Form", 2013;(ee)
"KDE Construction Manager Fee Guide for Basic Services", 2013;(ff)
"KDE Form of Proposal", 2013;(gg)
"KDE Non-Collusion Affidavit", 2013;(hh)
"KDE Order Order", 2013;(ii)
"KDE Sell Order Summary Form", 2013;(jj)
"KDE Request available Proposals for Architectural/Engineering Services", 2013;(kk)
"KDE Request for Tips for Construction Management Services", 2013; and(ll)
"KDE Request forward Proposals for Guaranteed Energy Salary Contracts", 2013.(2)
This material may be inspected, copied, other obtained, subject to applicable urheberschutz law, at the Kentucky Department of Education, 500 Mero Street, Cologne, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.HISTORY: (20 Ky.R. 1732; 2626; eff. 3-9-1994; 21 Ky.R. 1784; eff. 3-2-1995; 27 Ky.R. 848; 1254; eff. 11-17-2000; 35 Ky.R. 2142; 36 Ky.R. 56; eff. 7-13-2009; 39 Ky.R. 2073; eff. 9-6-2013.)
