Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 10 - District-Initiated Elements, District-Initiated Projects, and Local Enhancements › Section 10-3 - Cost allocation between State-initiated remedies and district-initiated elements

Current through July 13, 2024
(a) If a district intends to include a
				district-initiated element in the design of a state-initiated remedy, the
				district shall notify the Department prior to design. Preliminary information
				shall indicate the nature, scope, cost and schedule of the district-initiated
				element. The district bears the responsibility for consulting the Commission's
				adequacy standards and the Facility Design Standards and Guidelines and
				identifying elements that exceed those documents. The Department shall make
				reasonable efforts to help the district identify any design elements in excess
				of the relevant guidelines or standards through the value engineering process
				and the notice to proceed. Notwithstanding this requirement, the district is
				ultimately responsible for the identification of district-initiated elements,
				and a design element shall not be considered state-initiated merely because the
				district fails to identify it as district-initiated, regardless whether the
				Department has reviewed or approved the plans. The Commission shall consider
				any reasonable aesthetic design requests made by the district in accordance
				with Chapter 9, Section 12(h) of these Rules. The funding and construction of
				the district-initiated element shall proceed as follows:
(i) The Department shall determine the
				appropriate method of allocating costs between the district-initiated element
				and the legislatively-funded portion of the project.
(ii) The district shall bear all costs of the
				district-initiated element, including all design and other consultant costs and
				construction costs attributable to the element. In no event shall state funds
				be spent on purchasing, constructing, installing, or furnishing a
				district-initiated element.
(iii)
				If a district opts to go forward with a district-initiated element, it shall
				bid the element separately as an alternate, with the enhancements calculated as
				a percentage of the overall project cost, or a combination thereof. The
				allocation for costs associated with a local enhancement shall be identified
				and split on a percentage basis as follows:
(A) When the district-initiated element is
				the result of the inclusion of a design feature(s) which exceeds or fails to
				comply with the Facility Design Standards and Guidelines or is not in
				compliance with the recommendations of value engineering made subject to
				Chapter 9, Section 8, it shall be bid as a construction alternate. The
				construction alternate shall include all costs attributable to the
				district-initiated element plus all costs for modifications to the
				legislatively-funded portion of the project that are attributable to the
				district-initiated element.
(B)
				When the district-initiated element results in the inclusion of additional
				square footage of school building and facilities such that the school building
				or facility exceed the total square footage allowed by the Commission's
				adequacy standards, the difference between the allowable square footage and the
				project total square footage shall be computed as a percentage. Project costs
				will be attributed on the basis of the percentage as identified, or as
				subsequently revised in the event of a change in the square footage. When
				changes affect the entire project and result in additional costs, the costs
				shall be shared based on this percentage.