Section 11-4 - Project Process All Commission-funded remedies shall use the following process, and each step of the process shall be fully documented and the documentation maintained at the business office of the Commission.
(a) Before receiving any funding from the Commission, each district shall have a current Commission-approved facility plan in accordance with these Rules and Regulations and W.S. 21-15-116. (b) The Prioritized Needs Index developed at least annually by the Commission shall form the basis upon which Commission-funded remedies are chosen. (c) The Prioritized Needs index prioritizes issues related to school facilities. The Needs Index does not specify the remedy to be applied to the identified issue. (d) The Commission-funded remedy to be applied to each issue on the Needs Index shall be identified in each respective district's facility plan. No remedy will be funded by the Commission that is not contained in a Commission-approved facility plan. The remedy shall be determined only upon examination of the district's approved facility plan as well as upon consideration of the total square footage allotted to the district by the Facility Design Guidelines. (e) Once the remedy is identified from the district's facility plan, the student population of the school shall be calculated (if applicable), the footprint of allowable square footage shall be computed and a project budget shall be established, all in accordance with these Rules and Regulations. (f) Unless waived by the Commission, every proposed remedy to be funded by the Commission shall be preceded by the development of educational specifications specific to that remedy. (g) Unless waived by the Commission, every proposed remedy to be funded by the Commission shall be preceded by a design charrette specific to that remedy. (h) The Commission may employ design professionals to assist in developing educational specifications and performing a design charrette for Commission-funded remedies. (i) The affected district(s) may receive funding to employ design professionals to assist in developing educational specifications and performing a design charrette only upon approval of the Commission and upon use of the Commission's approved process for the retention of design professionals described in this Chapter. (j) The Commission shall determine which delivery method shall be applied to the proposed remedy as described in this Chapter. (k) The project budget shall be established in accordance with these Rules and Regulations, and a thorough written record shall be maintained by the Commission of the basis supporting the budget, and the amounts of the budget in compliance with W.S. W.S. 21-15-114(a)(v) and Chapter 3, Section 6(c)(iv) and Chapter 10, Section 7 of these Rules and Regulations. (l) The district shall be funded for and may contract with design professional(s), which may include a Construction Manager (CM) or Construction Manager at Risk (CMAR), to convert the product of the educational specifications and design charrette into a preliminary facility design within the established project budget. (m) For remedies proceeding on the design-bid-build method, the CM method, or the CMAR method, on contracts approved by the Commission in accordance with these Rules and Regulations, upon availability of funds, and upon approval of the Commission, the district shall be funded for design of the project by the Commission and shall contract with design professional(s) selected in accordance with these Rules and Regulations to design the remedy. (n) For the delivery methods identified in paragraph (1), value engineering shall occur throughout the process of design in accordance with these Rules and Regulations and W.S. W.S. 21-15-118(a)(ii)(B). Unless specifically waived or altered by the Commission, all value engineering recommendations shall be followed and incorporated into the design. Any value engineering recommendations which are not followed and incorporated into the design shall become local enhancements and be paid for by the district without funding by the Commission. The Commission retains the power to order a cessation of work on design if value engineering recommendations are not followed and incorporated. (o) Upon completion of a design in accordance with these Rules and Regulations with a total project cost within the project budget, upon availability of funds, and upon approval of the Commission, the district shall be funded for construction of the project by the Commission and shall contract with Contractor(s) selected in accordance with these Rules and Regulations to construct the remedy. (p) For remedies proceeding on the design-build method, the district shall be funded and shall contract with appropriate parties only in accordance with these Rules and Regulations. (q) Every Commission-funded remedy shall begin with a kick-off meeting between the District and Commission staff (and others as needed) which addresses and resolves the following issues. Additional issues may also be addressed and resolved as needed. Multiple meetings at varied times may also be necessary to address and resolve all issues. (i) Student population forecasts and corresponding design square footage; (iii) Educational specifications; (iv) Design charrette results; (v) Total project cost and project budget; (viii) District facility plan; (ix) RFQ (request for qualifications) for A/E (architectural/ engineering) services; (x) RFP (request for proposals) for A/E firms; (xi) RFQ for CMAR services, if applicable; (xii) Contract executions, including but not necessarily limited to: (A) The contract for professional Architectural and Engineering services between the District and the Architect; (B) The CMAR (or construction) contract between the District and the CM (or contractor); (C) The funding contract between the Commission and the District. (xiii) Coordination meeting with A/E, Commission staff, CM (or contractor) and District to resolve project boundaries, schedule, project budget(s), allowable square footage, roles of each project team member, general scope of work. (r) The district and the Commission shall coordinate to ensure that both the design professional(s) and the construction contractor(s) fulfill their respective obligations and that a high quality, appropriate, and cost-effective facility remedy is designed and constructed. 027-11 Wyo. Code R. § 11-4