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(6)Contract compliance and construction quality control
assurances. A school district shall ensure that services sought by
or provided to the district for a school facility capital improvement
project, including, but not limited to, professional design services,
construction services, construction administration services, third-party
inspection services, third-party testing services, or third-party
code compliance services, are provided through a project-specific
written agreement that:
(A)conforms to applicable state laws and any requirements,
standards, or codes adopted by a local authority having jurisdiction;
(B)contains all services required to be provided in
the agreement, prohibits the school district from waiving any services
or directing any changes where recommended by an applicable design
professional, and requires all changes to the construction documents
to be documented in writing and signed by the prime design professional,
the contractor, and the school district;
(C)specifies the level of observation, testing, and
documentation required to be conducted through the agreement to determine
and certify conformance and completion of services provided;
(D)requires the use of a prime design professional
to coordinate and prepare a proposed statement of any special inspections
or testing required in accordance with the required construction codes,
customizing the proposed statement based on knowledge about the project
regardless of whether the statement requires testing and inspection
to be less than the default requirements of the required construction
codes, including materials testing, project-specific requirements
for special inspections and testing, specific wind and seismic requirements,
frequency of the special inspections, or tests to be performed in
accordance with the referenced standard defining the inspection;
(E)ensures that construction documents are of sufficient
clarity to indicate the timing, location, nature, and extent of specific
inspections and tests required to be performed by the school district
through the local authority having jurisdiction, the third-party code
compliance officer, any third-party special inspector or inspection
agency, or the prime design professional if qualified as a special
inspector and specified as a contractual term;
(F)ensures that a building permit is issued by a local
authority having jurisdiction or a third-party code compliance officer
in which a building permit shall be considered by the school district
to indicate that the proposed statement of special inspections is
approved and constitutes the code-required inspections and tests;
(G)requires the contractor, before beginning construction,
to submit to the school district, prime design professional, and the
building official or third-party code compliance officer an acknowledgement
of the contractor's responsibility to notify quality assurance personnel
that will be performing inspections and tests when the project is
ready for those specific inspections and tests and the contractor's
responsibility to request and obtain a final report from each quality
control person performing the code-required inspections and tests
before requesting a certificate of occupancy;
(H)requires third-party inspectors to perform the
code-required inspections and tests, to submit inspection and testing
reports to the school district and the prime design professional,
and to submit a final report to the school district, prime design
professional, building official or third-party code compliance officer,
and contractor, upon request by the contractor, indicating any known
deficiencies discovered during the project that have not yet been
addressed at the time of the request;
(I)requires special inspection and testing reports
to be submitted to the building official and the prime design professional
and any discrepancies to be brought to the attention of the contractor,
and if not corrected, to be brought to the attention of the building
official, the prime design professional, and the school district;
(J)specifies treatment for timely performance and
documentation required in response to requests for information, change
documents, or change orders;
(K)specifies payment certification provisions requiring
notarized contractor signature on the application for Certificate
of Substantial Completion and specifies that the school district must
provide certification of payment for any of the school district's
separate consultants or contractors;
(L)requires clear indication of the date of substantial
completion on the payment certification, specifies the punch list
provided by the contractor to address all remaining areas of the project,
and documents all known school district accepted nonconforming work;
(M)limits required certifications of work requested
or required by the school district to work required under the issuing
party's services agreement;
(N)ensures that contract terms for design professional
services are consistent and aligned and do not conflict or overlap
with regard to contractual responsibilities assigned to the prime
design professional, any design professional of record, the contractor,
any prime subcontractors, a third-party building code compliance officer,
or a third-party special inspector or consultant; and
(O)ensures appropriate specifications or treatment
for the school district's acceptance or acknowledgement of a contractor's
final completion as the owner of the facility.
(f)Certification of compliance with the school facilities
standards.
(1)A school district, design professional, contractor,
and prime subcontractors, if applicable, shall certify compliance
with all applicable standards required in subsections (d) and (g)-(k)
of this section as follows.
(A)School district certifications.
(i)Certifications related to educational adequacy
under subsection (d) of this section.
(I)To provide an educationally adequate school facility,
the school district shall certify compliance that the long-range facility
plan was developed, presented to the school district board of trustees,
and provided in a timely manner to the prime design professional.
(II)To provide an educationally adequate instructional
facility or specialized instructional facility, the school district
shall certify compliance that the educational specifications were
developed, approved by the school district board of trustees, and
provided in a timely manner to the architect.
(III)To provide an educationally adequate school facility,
the school district shall certify compliance that a capital improvement
project has been designed by the design professional of record in
reasonable accordance to meet the goals and expectations established
in the long-range facility plan and, if applicable, educational specifications.
(ii)Certifications related to standards for space
for instructional facilities under subsection (g) of this section
and standards associated with the method of compliance for instructional
facility space approved by the school district board of trustees under
the quantitative method of compliance in subsection (h) of this section
or the qualitative method of compliance in subsection (i) of this
section.
(I)To provide adequate instructional spaces, where
required, the school district shall certify compliance with applicable
provisions of subsection (g) of this section.
(II)To provide adequate space in instructional facilities,
the school district shall certify that the most appropriate method
of compliance was presented to and approved by the school district
board of trustees prior to commencement of design development.
(iii)Certifications related to safety and security
standards under subsection (k) of this section. To continue to provide
a safe and secure environment, the school district shall certify compliance
with the applicable safety and security standards in subsection (k)
of this section approved by the school district and provided as directives
in a timely manner to the prime design professional and to other design
professionals of record, contractors, and prime subcontractors.
(B)Design professional certifications.
(i)Certifications related to educational adequacy
under subsection (d) of this section. The design professional of record
for a capital improvement project shall certify compliance that the
project has been designed in reasonable accordance with the long-range
facility plan and educational specifications, if applicable.
(ii)Certifications related to standards for space
for instructional facilities under subsection (g) of this section
and to standards associated with the method of compliance approved
by the school district board of trustees for instructional facility
space under subsection (h) of this section related to the quantitative
method of compliance or under subsection (i) of this section related
to the qualitative method of compliance. To provide adequate instructional
spaces and adequate space in instructional facilities, the architect
of record shall certify compliance that the project has been designed
in reasonable accordance with the standards for space in subsection
(g) of this section and with the standards associated with the method
of compliance approved by the school district board of trustees under
subsection (h) or (i) of this section.
(iii)Certifications related to safety and security
standards under subsection (k) of this section. A design professional
of record shall certify compliance that the project has been designed
in reasonable accordance with any required safety and security directives
approved by the school district in accordance with subsection (k)
of this section.
(C)Contractor certifications.
(i)Process certifications. To ensure construction
quality and performance of contract terms, the contractor and prime
subcontractors, if applicable, shall certify compliance that the project
has been built in conformance with the contract documents.
(ii)Certifications related to construction quality
standards under subsection (j) of this section.
(I)To ensure compliance with construction quality
standards, the contractor and prime subcontractors, if applicable,
shall certify compliance at the completion of a capital improvement
project that the project has been built in conformance with the contract
terms and performance standards specified by the contract documents
for the general contractor and for any of its subcontractors or subconsultants
of any tier, which shall include certification of compliance with
any subsequent change order documents approved by the owner and the
design professional of record.
(II)Where a third-party code compliance officer is
required by subsection (j) of this section, to ensure that a third-party
code compliance officer does not find any violations of the provisions
of the required construction codes identified in subsection (j)(1)
of this section that are not enforced by a state or local authority
having jurisdiction, a school district shall require that a third-party
code compliance officer issue a third-party certificate of occupancy.
Where a local authority having jurisdiction enforces some of the required
construction codes, a third-party code compliance officer shall not
issue a third-party certificate of occupancy until either the local
authority having jurisdiction has issued a certificate of occupancy
or the local authority having jurisdiction indicates in writing to
the third-party code compliance officer that the local authority having
jurisdiction does not issue certificates of occupancy.
(iii)Certifications related to safety and security
standards under subsection (k) of this section. To provide a safe
and secure environment, the contractor and prime subcontractors, if
applicable, shall certify compliance that the project has been built
in reasonable accordance with the safety and security directives provided
by the school district and reflected in the contract documents prepared
by the design professional.
(iv)Special provisions for a construction manager
agent. For projects that use the construction manager agent contracting
method established in TGC, Chapter 2269, Subchapter E, the construction
manager agent and each construction prime contractor must provide
certification in accordance with clause (i) of this subparagraph,
and each shall certify the scope of work for which they are contractually
responsible.
(2)General provisions.
(A)For projects that use the construction manager
agent contracting method established in TGC, Chapter 2269, Subchapter
E, the construction manager agent and each construction prime contractor
must provide certification in accordance with paragraph (1)(C)(i)
of this subsection, and each shall certify the scope of work for which
they are contractually responsible.
(B)The certification requirements specified for a
school facility capital improvement project in this subsection shall
be expressed on a form developed by the Texas Education Agency that
identifies the appropriate certifications required for a capital improvement
project based on the facility, project type, and method of contracting
established in TGC, Chapter 2269, for the procurement of construction
services approved by the school district board of trustees for the
project. The form must include written certification requirements
for a design professional of record, a general contractor, construction
manager-at-risk, a design build firm, a construction manager agent,
a prime contractor or subcontractor.
(g)Standards for space for instructional facilities.
(1)Minimum standards for common areas.
(A)Library.
(i)A school district shall consider the School Library
Standards and Guidelines as adopted under TEC, §33.021, when
developing, implementing, or expanding library services.
(ii)The sum total square footage of all library-related
areas shall meet the following minimum square feet (SF) requirements
based on maximum instructional capacity and may be contiguous or dispersed:
(I)for 100 students or fewer, a minimum of 1,400 SF;
(II)for 101-500 students, 1,400 SF plus an additional
4 SF for each student in excess of 100;
(III)for 501-2,000 students, a minimum of 3,000 SF
plus an additional 3 SF for each student in excess of 500; and
(IV)for 2,001 or more students, a minimum of 7,500
SF plus an additional 2 SF for each student in excess of 2,000.
(B)Gymnasium. Primary gymnasiums or physical education
space, if required by the school district's educational program, shall
have a minimum of 3,000 SF at the elementary school level, 4,800 SF
at the middle school level, and 7,500 SF at the high school level.
(2)Minimum standards for special spaces.
(A)Combination science classroom/laboratory.
(i)A combination science classroom/laboratory for
Kindergarten-Grade 5 must provide a minimum of 50 SF per student.
The room may have an established maximum of 22 students but must not
exceed 25. Within the total square footage of the room, 6 SF per student
of horizontal laboratory countertop space (3 feet wide x 2 feet deep)
must be provided at student laboratory benches, and an additional
3 linear feet (LF) per student of horizontal laboratory countertop
support space must be provided for equipment and materials for investigations,
activities, or student projects.
(ii)A combination science classroom/laboratory for
Grades 6-8 must provide a minimum of 58 SF per student. The room may
have an established maximum of 24 students but must not exceed 28.
Within the total square footage of the room, 6 SF per student of horizontal
laboratory countertop space (3 feet wide x 2 feet deep) must be provided
at student laboratory benches, and an additional 3 LF per student
of horizontal laboratory countertop support space must be provided
for equipment and materials for investigations, activities, or student
projects.
(iii)A combination science classroom/laboratory for
Grades 9-12 must provide a minimum of 58 SF per student. The room
may consider a maximum of 24 students but must not exceed 28. Within
the total square footage of the room, 6 SF per student of horizontal
laboratory countertop space (3 feet wide x 2 feet deep) must be provided
at student laboratory benches, and an additional 3 LF per student
of horizontal laboratory countertop support space must be provided
for equipment and materials for investigations, activities, or student
projects.
(B)Science laboratory.
(i)The separate science laboratory and classroom configuration
is not permissible at the elementary level.
(ii)A science laboratory for Grades 6-8 must be a
minimum of 42 SF per student. The room must consider a maximum of
24 students but must not exceed 28. Within the total square footage
of the room, 6 SF per student of horizontal laboratory countertop
space (3 feet wide x 2 feet deep) must be provided at student laboratory
benches, and an additional 3 LF per student of horizontal laboratory
countertop support space must be provided for equipment and materials
for investigations, activities, or student projects.
(iii)A science laboratory for Grades 9-12 shall be
a minimum of 42 SF per student. The room must consider a maximum of
24 students but must not exceed 28. Within the total square footage
of the room, 6 SF per student of horizontal laboratory countertop
space (3 feet wide x 2 feet deep) shall be provided at student laboratory
benches, and an additional 3 LF per student of horizontal laboratory
countertop support space shall be provided for equipment and materials
for investigations, activities, or student projects.
Cont'd...
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