# COMAR Title 14 — Independent Agencies

## Subtitle 39 — Interagency Commission on School Construction

### Chapter 02 — Administration of the Public School Construction Program

#### Regulation .15 New Construction, Renewal, and Renovation Projects.

*COMAR 14.39.02.15*

A. This regulation applies to new construction, renewal, and renovation projects approved in the State capital improvement program.

B. Architects and Engineers. The LEA shall ensure that:

  (1) The plans, specifications, and related documents are developed under the supervision and responsibility of an architect or engineer who is licensed to practice in the State, unless waived by the IAC or its designee;

  (2) Unless waived by the IAC or its designee, the design of site development or structural, mechanical, or electrical systems includes the design services of a professional engineer licensed to practice in the State with experience in civil, structural, mechanical, or electrical engineering;

  (3) The architect/engineer agreement includes:

    (a) Cost control provisions;

    (b) Assurance that the project design is in accordance with the Department of General Services procedure manual for professional services standards for energy conservation, life cycle costs analysis, and roofing; and

    (c) IAC or its designee review and approval of the schematic, design development, and construction documents as required.

C. Educational Specifications.

  (1) Unless an LEA is certified to complete review of educational specifications as provided by Education Article §5-314, Annotated Code of Maryland, the LEA shall submit the projects educational specifications to the IAC for every new construction, renewal, renovation, and renovation addition project approved in the State capital improvement program.

  (2) The IAC or its designee shall notify the LEA of concerns and recommendations about the educational specifications.

  (3) The LEA shall resolve the IAC's issues to the reasonable satisfaction of the IAC or its designee.

D. Feasibility Studies.

  (1) An LEA that proposes to renew or renovate more than 25 percent of the gross square footage of a facility shall submit a feasibility study.

  (2) The IAC or its designee shall notify the LEA of concerns and recommendations about the feasibility study.

  (3) The LEA shall resolve the IAC’s issues to the reasonable satisfaction of the IAC or its designee.

E. Cost Analysis. An LEA that proposes to renew a facility shall produce evidence that the renewal is more cost effective than a new or replacement school.

F. Schematic Designs, Design Development Documents, and Construction Documents.

  (1) Unless the LEA is certified to complete review of schematic design, design development, and construction documents as provided by Education Article §5-314, Annotated Code of Maryland, the LEA shall submit to the IAC or its designee for review and approval of:

    (a) Schematic designs, before the LEA proceeds to design development documents;

    (b) Design development documents, before the LEA proceeds to construction documents; and

    (c) Construction documents, before the LEA issues the solicitation.

  (2) The LEA shall submit to the IAC or its designee for review and approval information regarding the consistency of the project with the Department of General Services procedure manual for professional services standards for energy conservation, life cycle cost analysis, and roofing.

  (3) Schematic designs, design development documents, and construction documents must be approved by local boards of education prior to their submission to the IAC.

G. For new school construction projects that utilize State funding, the LEA shall include waste disposal infrastructure in the design documents submitted to the commission that includes a sink for liquid waste and a place for the disposal of:

  (1) Trash;

  (2) Recyclables; and

  (3) Food scraps.

H. Pedestrian Safety Plans.

  (1) Definitions.

    (a) “High-Density county” refers to one of the following jurisdictions:

      (i) Anne Arundel County;

      (ii) Baltimore City;

      (iii) Baltimore County;

      (iv) Howard County;

      (v) Montgomery County; or

      (vi) Prince George’s County.

    (b) “Low-Density County” means any county in the State of Maryland not listed in §H(1)(a) of this regulation.

  (2) A County Board in a high-density county seeking State funds for a new school, renewal, or addition to an existing school that would increase the capacity of the school by more than 100 students shall submit a pedestrian safety plan to the IAC.

  (3) A County Board in a low-density county seeking State funds for a project in a city with more than 10,000 residents for a new school, renewal, or addition to an existing school that would increase the capacity by more than 100 students shall submit a pedestrian safety plan to the IAC.

  (4) A pedestrian safety plan shall:

    (a) Be developed in collaboration with:

      (i) The County Department of Transportation or equivalent agency of the jurisdiction of the County Board submitting the plan; and,

      (ii) The State Highway Administration;

    (b) Be limited to the area surrounding the school for which the County Board will not provide transportation to students;

    (c) Identify existing and potential safe routes for students to walk or bike to school;

    (d) Evaluate the infrastructure, including sidewalk infrastructure, along existing and potential pedestrian or cyclist routes to the school to determine whether increased capacity is necessary;

    (e) Analyze existing and potential school zones, including the need for expanding school zones on State and county roads; and

    (f) Include documentation of public participation and input related to the pedestrian safety plan, including minutes from a public hearing or meeting and written comments.

  (5) The IAC shall approve a pedestrian safety plan if the plan complies with §H(4) of this regulation.

I. Procurement. The LEA shall procure construction in compliance with COMAR 14.39.03. The IAC may rescind project approval if the procurement does not comply with these requirements.

J. Construction Inspection. The LEA shall ensure that each construction project is adequately inspected.

K. Change Orders. The LEA shall maintain contingency funds for change orders. The LEA may issue change orders without prior approval of the IAC or its designees.

L. State Payments.

  (1) The LEA shall submit to the IAC requests for payment.

  (2) The IAC or its designee shall review the request for payment for determination of whether the request constitutes an eligible expense and whether payment is within the maximum State construction allocation.

  (3) The State may:

    (a) Make payment directly to the contractor or vendor;

    (b) Reimburse the LEA if documentation indicates that the contractor or vendor has been paid the amount requested for reimbursement; or

    (c) Make payment to an entity identified by the LEA.

M. Project Close-Out. Not later than 180 days after final payment to the contractors, the LEA shall submit to the IAC:

  (1) A close-out cost summary using a form provided by the IAC; and

  (2) The following information:

    (a) Contractor's final requisition including a listing of all approved change orders;

    (b) The architect's certificate of completion; and

    (c) The LEA's certificate of acceptance.