14 Del. Admin. Code § 401-1.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 401-1.0 - Purpose and Definitions

1.1 The Major Capital Improvement Program consists of one or more construction projects having a cost of $1,000,000 or more.

1.1.1 The Secretary of Education may annually review the current cost per square foot for construction and make necessary adjustments as required.

1.1.2 Multiple projects may be considered together to form a single Major Capital Improvement Program project. The consolidation of Major Capital Improvement Program projects should be for one location.

1.1.3 All Major Capital Improvement Program projects shall use standard bid and contract documents as developed by the Office of Management and Budget, Division of Facilities Management.

1.1.3.1 Local school districts may enhance the standard bid and contract documents with additional contractual or project specific requirements as long as the enhancements do not diminish and are not in conflict with the provisions of the standard documents.

1.1.3.2 The Department of Education, in consultation with the Office of Management and Budget, Division of Facilities Management shall approve any modifications or changes to the provisions of the standard bid and contract documents before a local school district may use or enhance the modified documents.

1.2 Definitions

The following words and terms, when used in this regulation, have the following meaning unless the context clearly indicates otherwise:

"Certificate of Necessity" means a document issued by the Department of Education which certifies that a construction project is necessary and sets the scope and cost limits for that project. The Certificate of Necessity authorizes the local school district to hold a referendum for the Major Capital Improvement Program identified, if required.

"Certificate of Occupancy" means a document issued by a local code enforcement official or office attesting that a Facility meets building codes and is fit for human occupancy.

"Change Orders" means documents that change the construction contract and are negotiated between the owner and contractor to correct design omissions, address unforeseen circumstances which arise during the construction process, and improve upon designs based on project progress.

"Completion of Construction" means the local school district, with the concurrence of the architect, accepts the facility as complete, meaning that all punch list items are resolved, release of liens has been received, and funds held in retainage have been released.

"Design Development Plans" means documents that denote mechanical functions, placement of windows and doors, pedestrian traffic circulation both interior and exterior, utilities, service areas and structure. Design Development Plans are at a 40% to 60% completion stage.

"Educational Specifications" means documents which explain how the educational spaces relate to the educational programs as well as the requirements of an educational Facility to house and implement the educational philosophy and institutional program.

"Facility" means a long-lived capital asset including, but not limited to, school buildings; athletic buildings; athletic fields and appurtenances; playgrounds; maintenance, operations and storage structures; office buildings and all other buildings and capital assets associated with the operation and management of a local school district or school system.

"Final Construction Plans" means documents that show the complete Facility design including mechanical, electrical, water, sewer, site plans, storm water conveyance and structural systems, complete bid documents and specifications.

"Schematic Design Plans" means documents that present a proposed Facility in its earliest stages denoting the approximate size and relationship of areas to each other. Detailed utilities or mechanical functions are not typically shown at this stage.

"Signed and Sealed Plans" means design documents that have the architect's or engineer's professional seal and signature affixed.

14 Del. Admin. Code § 401-1.0

13 DE Reg. 1300 (04/01/10)
18 DE Reg. 300 (10/1/2014)
24 DE Reg. 137 (8/1/2020)
26 DE Reg. 175 (9/1/2022) (Final)