Current through Register Vol. XLII, No. 1, January 3, 2025
Section 164-4-2 - Project Administration and Review2.1. Each educational agency receiving funding from the SBA shall appoint an administrator for the construction/funding program. This administrator shall be responsible for acting as the liaison to the SBA and for submitting the financial and project reports required by the SBA.2.2. The educational agency shall be required to employ architectural/ engineering firms in compliance with W. Va. Code § 5G-1-3. The SBA can assist with sample advertisements and Statement of Qualifications should the educational agency desire this assistance.2.3. Unless a lump sum fee arrangement is used, design fees shall be calculated based on a percentage of the construction cost. Construction costs are calculated based on the lowest acceptable qualified bid for constructing the building. Design fees for alternative designs requested by the grant recipient that are not constructed shall be born by the grant recipient unless approved by the SBA prior to bidding. Construction cost does not include fees for construction management, preconstruction services, clerk-of-the-works, construction analyst (paid for under additional services), legal fees, site acquisition cost or other project costs not directly associated with the construction of the building. Architectural and engineering fees may also be applied to the cost of furniture and equipment only if the architect prepared the bid packages and/or has direct administration over the contract for the installation of the furniture and equipment. Without approval of the SBA, architectural and engineering fees shall not exceed the SBA fee schedule established for new or renovated school construction. Reimbursable expenses for agency review document printing and distribution may be paid from grant funds as a reimbursable cost for printing and distributing.2.4. The educational agency shall be required to employ a clerk-of-the-works to monitor all construction projects in excess of $750,000 unless waived by the SBA. Candidates for professional services or clerks-of-the-works shall be reviewed by the SBA for comment prior to final selection by the educational agency.2.5. The SBA reserves the right to review any SBA funded project at intervals deemed necessary before, during or after construction begins. The architects, engineers and county administrators are responsible for including the SBA in the decision-making process during all phases of planning, design and construction beginning with the development of educational specifications. The SBA must be notified, in a timely manner, by the county of any meetings related to the planning of the projects.