Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 1 - General Provisions › Section 1-2 - Definitions

Current through July 13, 2024
As used in these rules and all project agreements entered
				  into by the Department:
(a) "Adequate"
				means a building, room, or other educational space is both sufficient and
				appropriate, as those terms are defined in this section.
(b) "Anticipated Hard Bid" means the funding
				limit of the total amount of proposals or bids to achieve capital construction
				work or the Work, on and off-site, unless identified otherwise in the budget
				worksheet including prime bids, multiple prime bids, allowances, alternates and
				other costs of the Work.
(c)
				"Appropriate" means a building, room, or other educational space that has the
				necessary infrastructure, storage, fixtures, and critical adjacencies to be
				compatible with the delivery of the required educational program.
(d) "Bidding Contingency" means the funding
				amount identified by the Owner and design professionals within the Anticipated
				Hard Bid to accommodate market variances or estimating errors.
(e) "Budget Worksheet" means the total
				funding structure of State Funds for a School Facilities Division capital
				construction project. The worksheet represents all project funds available
				through the State Construction Department for a project.
(f) "Closed" means any educational building
				or facility that is not currently being used and is capable of being
				reopened.
(g) "Cohort Survival
				Calculation" means the rate of progression for each grade (K through 11) to the
				next grade (1 through 12) using the ten-year average for each grade
				progression.
(h) "Component Level
				Recommendations" means recommendations by the Commission to implement remedies
				to address educational building and facility condition by repairing or
				replacing components when it is determined by the Commission that it is not
				feasible for districts to do so solely with major maintenance funds.
(i) "Construction Contingency" means funding
				identified to address unanticipated or unknown costs identified subsequent to
				the proposal or bidding process to achieve the Work. Construction Contingency
				is not a bidding contingency.
(j)
				"Contractor" means any person who is a party to a contract with the Commission
				or a district to accomplish the Work of any Commission approved
				remedy.
(k) "Critical adjacency"
				refers to an educational, administrative, educational support, or facility
				support space within an educational building that must be located near another
				space in order to be functional as intended.
(l) "Department" means the State Construction
				Department.
(m) "Design Charrette"
				means an interactive and collaborative process where participants (school
				district, architects and others) work in a focused and sustained effort to
				develop the basis for a feasible building design that meets the educational,
				budgetary and schedule goals for the project.
(n) "Design Contingency" means funding
				identified to address unanticipated costs associated with services provided by
				design professionals.
(o) "Design
				Professional" means the architect or other professional contracted with the
				district to design a remedy.
(p)
				"District" means any school district established pursuant to the laws of
				Wyoming excluding community colleges and community college districts.
(q) "District-initiated" refers to any
				renovation, construction, replacement, repair or other improvement of or to any
				school building or facility that is not a State-initiated remedy or major
				maintenance included in the district's facility plan. This includes, but is not
				limited to, a district's decision to include in a State-initiated remedy any
				design features or components contrary to the recommendations of value
				engineering performed in accordance with the Commission's Facility Design
				Standards and Guidelines unless waived by the Department or excepted by the
				Commission in accordance with Chapter 1 Section
				10 of these Rules, in excess of the
				Commission's Facility Design Standards and Guidelines unless excepted by the
				Commission in accordance with Chapter 1 Section
				10 of these Rules, or that add square
				footage in excess of Square Footage Calculator whether through construction,
				renovation, or acquisition of additional square footage.
(r) "District-initiated element" means any
				component, design feature, or square footage that is district-initiated and
				occurs in conjunction with a State-initiated remedy.
(s) "District-initiated project" means any
				project that is district-initiated and occurs independent of a legislative
				appropriation or Commission funding.
(t) "Educational specifications or "Ed-specs"
				means those specifications used to define the programmatic, educational and
				functional goals of the educational facility.
(u) "Elementary school" means any school with
				a grade configuration of kindergarten through sixth grade, or any combination
				thereof.
(v) "Facility Condition
				Assessment" (FCA) means the systematic process of collecting measured data, or
				making observations relative to the physical condition of a building or
				facility or one or more of its components or group(s) of components and
				recording the results.
(w)
				"Facility Condition Index" (FCI) means a numerical rating or building condition
				score based on measured data or assessment of physical components or systems.
				The condition of a building is expressed as a ratio of the Cost to Repair
				Deficiencies, or "Deferred Maintenance" (DM) divided by the Current Replacement
				Value (CRV) of the building. The formula is:
Click
				  here to view image
(x) "High school" means any school with a
				grade configuration of ninth or tenth grade through twelfth grade.
(y) "Informal Review" means the opportunity
				afforded a school district under
				W.S.
				21-15-116(f) to consult with
				the Department regarding an action of the Department prior to filing a request
				for a contested case proceeding before the Commission.
(z) "Kick-off Meeting" means a meeting(s)
				between personnel of the Department and personnel of the district, in addition
				to such other persons as may be necessary to accomplish project
				planning.
(aa) "Leased Facilities"
				means any land, building or equipment or other capital asset that has been
				leased by or to a district.
(bb)
				"Major Maintenance" is a common reference term that means "Major building and
				facility repair and replacement" as that term is defined in W.S. §
									21-15-109(a)(iii).
(cc) "Middle school" means any stand-alone
				school or campus with any grade configuration that includes both seventh and
				eighth grade, but does not include the full range of grades down to
				kindergarten or up to twelfth grade. Districts may use an alternative
				descriptor such as "junior high school."
(dd) "Most Cost Effective Remedy" means the
				most cost effective method of remediation as that phrase is used in
				W.S.
				21-15-117(b).
(ee) "Mothballed building or facility" is any
				district building or facility which is closed and not operational, has the
				potential to be re-opened, is not being replaced under a district's facility
				plan approved by the Commission, is not determined surplus within the
				district's facility plan, and is maintained in good condition, for a maximum of
				three (3) years without additional approval from the Commission. Mothball
				status can be renewed by Commission approval after the initial three (3)
				years.
(ff) "Nonstudent-related
				buildings and facilities" means any building or facility that is either an
				"office building" or a "warehouse building," as those terms are defined in
				W.S.
				21-15-109(a)(iv) and
				(a)(viii).
(gg) "Payable-Leased Facilities" are those
				facilities which are used by the district to provide the approved educational
				programs as prescribed by
				W.S.
				21-15-109(c)(i)(B). These
				facilities shall be included in the district's gross square footage
				totals.
(hh) "Permanent Modular
				Building" means a pre-built, factory constructed and assembled educational
				building or facility that is transported in an assembled condition to the
				location on which the building or facility is to be situated that is placed on
				a permanent foundation, and that is expected to be used by the district for its
				designed lifetime.
(ii) "Primarily
				used" means more than fifty percent (50%) of a school building or facility is
				used in connection with educational programs, district administrative
				functions, or storage of equipment, materials, and other district property.
(jj) "Project Audit" means a
				contract compliance audit by an independent auditing expertise of project
				budgets and expenditures undertaken in accordance with
				W.S.
				21-15-123(f)(v)(J).
(kk) "Project budget" means the amount of
				legislative funding allocated to a specific remedy. The project budget for any
				specific remedy shall be an amount determined by the Commission to be
				sufficient to fund the total project cost of the remedy. Funds allocated to a
				specific remedy remain State funds and are not an entitlement of any
				district.
(ll) "Rural school" means
				a school located outside the main metropolitan area in which the district is
				located and from which the district does not bus students into the metropolitan
				area for core instruction.
(mm)
				"Separate Account" means an individual account held by the district for
				depositing and expending major building and facility repair funds. These funds
				shall not be co-mingled with any other funds or accounts.
(nn) "State-initiated remedy" means any
				renovation, construction, replacement, repair, or other improvement of or to
				any school building or facility initiated by the legislature through an
				appropriation or the Commission through a funding decision, including major
				building and facility repair and replacement undertaken pursuant to a
				district's facility plan. The elements and features of a state-initiated remedy
				are limited to those provided in the Commission's Facility Design Standards and
				Guidelines, and the addition of any element or feature not included in those
				guidelines is not considered state-initiated.
(oo) "Sufficient" means that a building,
				room, or other educational space is of such a size that it has enough space to
				enable delivery of the required educational program.
(pp) "Surplus building" means a building that
				is not within the commission's adequacy standards due to a renovation,
				construction, replacement, repair, or other improvement of or to any school
				building or facility initiated by a school district, an approved construction
				or renovation project, or by changes in school population.
(qq) "Temporary building" and "modular
				building" are defined interchangeably with "portable building" as that term is
				defined in
				W.S.
				21-15-109(a)(v).
(rr) "Total project cost" means all project
				costs, including but not limited to: land acquisition, site preparation,
				design, construction, contingencies, FF&E, special studies (e.g. traffic,
				lighting), surveys, environmental assessments, geotechnical investigations,
				demolition, commissioning, owner's representative fees, testing and
				inspections, plan review, and building permit/occupancy fees.
(ss) "Uniform Adequacy Standards" means those
				standards approved by the Commission in accordance with W.S. §
									21-15-115(a) for
				the adequacy of school buildings and facilities necessary for providing
				educational programs prescribed by law for the public schools.
(tt) "Work" means the achievement of the work
				of a project including equipment, material and labor specified in a
				construction agreement.