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Capital Manual for Saskatchewan School Divisions · 2019-01-23 · 9 Capital Manual for Saskatchewan School Divisions – 2018 Fiscal Responsibility: Decisions on infrastructure shall

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Page 1: Capital Manual for Saskatchewan School Divisions · 2019-01-23 · 9 Capital Manual for Saskatchewan School Divisions – 2018 Fiscal Responsibility: Decisions on infrastructure shall
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Contents Introduction ........................................................................................................... 5

SECTION 1: INFRASTRUCTURE PLANNING

Long Term Capital Planning ............................................................................. 8

Introduction ............................................................................................................................ 8

Principles of Developing Capital Plans .................................................................................... 8

Creating a Ten-Year Capital Plan ............................................................................................. 9

Considerations in Developing a Long-Term Capital Plan ...................................................... 10

Submission and Updating of Long-Term Capital Plans ......................................................... 13

Maintenance Planning ................................................................................... 14

Introduction .......................................................................................................................... 14

Creating a Maintenance Plan ................................................................................................ 14

Submission and Updating of Maintenance Plans ................................................................. 15

Acquisition of Property .................................................................................. 16

Capital Works ................................................................................................ 17

SECTION 2: INFRASTRUTURE FUNDING

Major Capital Program ................................................................................... 20

Application for Major Capital Project Funding ..................................................................... 20

Ministry Prioritization of Major Project Requests ................................................................ 20

Capital Funding Agreement (CFA) ......................................................................................... 21

Change Requests ................................................................................................................... 22

Preventative Maintenance and Renewal Program ......................................... 24

Relocatable Classroom Program .................................................................... 25

Emergent Funding Program ........................................................................... 26

Appendix – Capital Funding Agreement ......................................................... 27

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SECTION 3: MAJOR CAPITAL PROJECTS

General Overview .......................................................................................... 42

Phase 1: Pre-Design ....................................................................................... 44

Application for Major Capital Project Funding ..................................................................... 44

Government of Saskatchewan Approves Project ................................................................. 44

Selection of Project Manager ............................................................................................... 44

Determining the Project Scope and Preliminary Budget ...................................................... 45

Phase 2: Design Development ....................................................................... 46

Selection of Design Team ...................................................................................................... 46

Schematic Design .................................................................................................................. 46

Design Development Report Submission (DDR) ................................................................... 46

Interim Submission ............................................................................................................... 47

Final Submission.................................................................................................................... 48

Phase 3: Construction RFP & Contracts ......................................................... 49

Issue/Evaluation of RFP ........................................................................................................ 49

Selection of Contractor ......................................................................................................... 49

Capital Funding Agreement .................................................................................................. 49

Phase 4: Construction & Close-Out ................................................................ 50

Construction .......................................................................................................................... 50

Progress Funding ................................................................................................................... 50

Close-out & School Occupancy ............................................................................................. 50

Evaluation ...................................................................................................... 51

SECTION 4: SCHOOL UTILIZATION

Introduction ................................................................................................... 54

Utilization Calculation .................................................................................... 54

SECTION 5: COMMUNITY USE OF SCHOOL DIVISION FACILITIES

Introduction ................................................................................................... 60

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Introduction

In this challenging period of aging infrastructure, growth and limited resources, it is increasingly important for school divisions and the Ministry of Education to work together to create safe, comfortable and inviting school environments to support and enhance the learning process for students now and into the future. The Capital Manual for Saskatchewan School Divisions assists school divisions in all facets of school infrastructure planning and development to enhance the educational experience for all students across the province. The manual is a comprehensive one-stop guide including information regarding policies, guidelines, ministry funded program delivery and other direction for school divisions to assist them on all infrastructure issues. Policies, guidelines and programs have been developed by the ministry in collaboration with education sector partners and working committees. This manual is intended to assist in providing a clearer understanding of both school division and ministry roles in infrastructure maintenance and capital planning. Over time, the manual will continue to be updated and expanded to meet the needs of school divisions. All ministry publications relating to school infrastructure can be located here. Legal Framework The Ministry of Education is responsible for legislation and policy for the K-12 school system. The Capital Manual is based on a legal framework that supports the accountability of all parties. Some of the key aspects of this framework include:

The Education Act, 1995

The Education Regulations, 2015

The Education Funding Regulations

The New West Partnership Trade Agreement School divisions must also comply with all federal, provincial and municipal laws and building codes for all infrastructure initiatives they participate in. Contact Information: For any inquiries, please contact the Infrastructure Branch, Ministry of Education at: Ministry of Education Infrastructure Branch 4th Floor, 2220 College Avenue Regina, SK S4P 4V9 [email protected]

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Long Term Capital Planning

Introduction

These guidelines are characteristic of industry best practices and represent the elements typically included in a long-term capital plan. The guidelines presented are not intended to be prescriptive but representative of best practices in long-term capital planning. Development of a plan is critical to allow school divisions to effectively manage their facilities. The school division’s ability to identify, plan and deliver infrastructure projects is essential for providing quality programs and services in the province. A well-developed strategic capital plan should encompass both school and non-school facilities. The plan would be a high level analysis of potential capital priorities/initiatives over a specific time period which could later be supported by business cases, if required. The plan is not intended to be a detailed business case analysis. The industry standard for long-term capital planning is five to 10 years. Ten-year capital plans will provide the boards of education with insight into future year capital project priorities and strategies that can be used to manage facility inventories, renewals and aging infrastructure for the long-term.

Principles of Developing Capital Plans

When developing capital plans, it is critical that principles are followed to guide the actions of the ministry and school divisions when allocating financial resources, prioritizing capital funding, maintaining and building new facilities, exploring partnerships and creating safe places for students and staff. The following principles should be considered when developing long-term capital plans:

Accountability: Infrastructure decisions shall be transparent, evidence based and reflect meaningful engagement with stakeholders. Centres for Educational Excellence: Schools shall serve as centers for educational excellence that meet the needs of students and staff as well as families in the community. Environmental Stewardship: All decisions relating to infrastructure management shall demonstrate a commitment to environmental stewardship. Equitable Access: All students and staff shall have fair access to safe, welcoming, high quality learning and working environments that will increase their opportunities and decrease their vulnerabilities.

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Fiscal Responsibility: Decisions on infrastructure shall consider long-term needs and current realities, and reflect effective management of school division resources. Service to Community: School division infrastructure assets are buildings intended to serve our students, families, and staff as well as the broader community where appropriate. Capital investment shall consider the demographics, long-term plans, and needs of the community.

Creating a 10-Year Capital Plan

Long-term capital plans should strive to:

manage and maintain the existing facilities effectively and make appropriate plans within available resources;

retain or acquire the essential facilities to deliver education programming effectively in the future; and,

provide a rational context and justification for proposed capital project initiatives. In essence, capital plans provide a framework for decision making for the school division. It is a living document that should be monitored and refreshed as required. A 10-year capital plan should include a strategic, high level capital plan for school and non-school facilities. The plan is not intended to be a detailed list of capital projects but rather a high level strategy outlining how the school division will manage its facilities in order to deliver its educational programs at the highest possible standard. Typically, a strategic capital plan presents a high level description of potential capital projects over a 10-year period that may include new construction, expansions, replacements, decommissions, renovations, modernizing and disposals. The plan includes a rationale and description of potential impacts on facility utilization, space optimization, enrolments, student transportation, programming, grade structures and community use. The plan should highlight efficiency measures such as joint-use, consolidations and partnership opportunities. At a minimum, the plan should include:

enrolment pressures and emerging learning initiatives/programming that may need to be addressed through expansion (i.e., new schools, additions, and relocatable classrooms), as well as declining enrolments that may lead to the closure of programs or school buildings. The plan should indicate projected utilization rates for the 10-year period, based on enrolment projections for areas of growth and for areas with declining enrolments;

possible modernization needs for the 10-year period such as replacements, renovations disposals and decommissions;

grade structures and forecast of program changes requiring conversion of existing space, or construction to facilitate the new program(s) and technology; and,

facility condition evaluation information.

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Considerations in Developing a Long-Term Capital Plan

Community/Geographical Scans Community and geographic scans are a key component in the capital planning process. School divisions should make decisions on facilities based on their entire jurisdiction. Community and geographical scans are a tool to assess and communicate the trends, issues and potential future challenges that may influence a school division’s decision-making process. Through a comprehensive scan, the ministry will obtain a clear understanding of the full environment in which the school division is operating and the key issues that need to be addressed. The scans typically found in capital plans include:

Community and student populations.

Current and anticipated demographic shifts in community populations due to: o labour market changes; o immigration; o urban/rural migration or other factors; and, o planned subdivision development.

Geographical considerations which may impact student enrolments. It is important for school divisions to carefully consider which of these trends affect them and how it affects capital planning in their jurisdiction. Health and Safety The top priority for the ministry and school divisions is the health and safety of students and teachers. A number of health and safety issues can result from aging or poorly maintained/designed infrastructure such as critical space shortages, poor site and foundation condition, structural issues and, poor air quality. A long-term capital plan should ensure that the health and safety of students is of primary concern. Inventory and Current Condition of School Division Facilities In order to plan effectively, school divisions must have up to date information on their facilities. A comprehensive list of school and non-school facilities (including relocatable classrooms) along with their condition and projected life cycle/replacement date is important to build a capital plan.

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Assets should include the following:

schools;

relocatable classrooms;

leased or rented property used for education purposes;

administrative buildings;

storage and garage facilities;

maintenance facilities; and,

teacherages.

School divisions should consider using both the five-year facility audit information as well as occasional inspections by school division maintenance staff and/or professional engineer and architect firms to have a comprehensive assessment of all school division facilities and assets. Enrollment Projections, Capacities and Utilization Effective capital planning requires a long-term view of enrollment in order to predict demands on schools and to avoid potential costly short-term solutions. School divisions should forecast enrollments to estimate capacities and utilization in all schools to develop a long-term strategy to address fluctuating enrolments across the school division. For example, school divisions experiencing declining or shifting enrolments should examine any inefficiency in the use of school facilities. Various options should be evaluated to determine the best approach. Should facilities be consolidated, reconfigured, replaced, disposed or renovated? Or perhaps additions to a facility are the preferred option. Educational Considerations School divisions should take into account the key educational programs in their facilities to better understand the intended use of facilities. In addition to core curriculums, school divisions may have specialized programming which pose unique challenges that impact the location and use of the school division facilities. Community Partnerships Community partnerships are an important consideration in capital planning. Schools often provide space for important community functions. This space may be recreation centres, educational support and even childcare. Allocation of space within schools for non-instructional/community programming should be considered when developing long-term capital plans. Community organizations and agencies can make a strong contribution to the range of services and supports provided to enhance student learning. There are many ways that parents and community members can be involved in education. The type of involvement and partnership varies from one school division to another and from school to school depending on local needs and circumstances. Some specific initiatives include summer programs for students, intergenerational programs, community use of schools and involvement of community

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volunteers. Examples of community partnerships may include other educational partners (ex. regional colleges, regional health authorities, libraries and other ministry approved agencies. School divisions should also consider operating dollars and operating leases as part of community partnerships in capital planning. Transportation of Students Transportation of students is affected by the location and distribution of the school division’s schools. The school division should consider the distance between schools or neighboring school divisions when developing a capital plan. The capital plan may necessitate changing, alternating or consolidating routes. Community/Stakeholder Consultations Community and stakeholder consultations are another important component of a long-term capital plan. In general, early stakeholder engagement in the process can result in greater public acceptance when the plan is finalized. School divisions should solicit feedback on their long-term vision. In addition, there should be discussions with stakeholders on key initiatives, future facility needs, recommendations and alternatives. Bordering School Divisions Education is a provincial responsibility and school divisions are well served to consider opportunities beyond their boundaries; particularly with schools in another jurisdiction. School divisions should work with bordering school divisions to identify potential initiatives to ensure opportunities are available for all students in their facilities. Efficiency Measures School divisions should always be looking at efficiency measures when developing a long-term capital plan. Examples of efficiency measures include bur are not limited to:

Consolidations: Capital projects receive additional weighting in the major capital prioritization process if two or more schools within one or more school division are combined for educational or economic benefits. A consolidated school can offer an expanded curriculum and a more prominent identity in the community by reducing costs through economies of scale. Joint-Use: Capital projects also receive additional weighting in the major capital prioritization process when a partnership arrangement involves more than one school division and/or other partner within one facility. Joint-use projects encourage educational and community partnerships along with the sharing and reduction of total capital costs for an identified and justified learning sector need. Decommissioning: School divisions may consider decommissioning areas of facilities which are no longer in use to enhance safety, increase potential economic efficiencies and “right size” to better fit the needs of the school and community.

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Other Potential Options With the constantly changing educational and demographic environments, other options may need to be considered for the future of the facilities within a school division. These options may consider specific capital projects and components that require further analysis or public consultation. All options will have an operational and capital cost effect. It is important that school divisions assess all of their options and identify the rationale for each. Although a long-term capital plan is not intended to be a detailed business case, it should compare the strategic capital plans against the base (current) case and other viable options.

Submission and Updating of Long-Term Capital Plans

School divisions should prepare and maintain a 10-year capital plan that is focused on future needs for capital projects and priorities. The long-term capital plans should be submitted and reviewed by the board of education on an annual basis for the purposes of updating the forecast of expenditures and to determine the requirements and action to be taken with respect to the current plan. Long-term capital plans typically remain valid for five years unless significant changes occur. If there are significant changes from the previous year’s long-term capital plan, a revision should be submitted to the board of education for review. Capital plans are to be submitted to the ministry upon request. Policy

Some examples requiring a revised plan would be:

Significant changes in educational programming requiring facility modifications.

Large scale changes in enrolment projections over the 10-year window of the long-term capital plan.

Proposed reconfigurations of schools, and

Other significant events that potentially affect investment decisions in facilities.

New information with respect to the condition of facilities.

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Maintenance Planning

Introduction

Buildings that are regularly maintained can be used productively and continuously throughout their life cycle while providing a safe, pleasant and healthy environment for staff and students. A comprehensive maintenance plan will prolong the useful life of the buildings and avoid the need for potential costly and disruptive renovations and closures. The overall objective of the maintenance plan is to maintain, throughout its expected useful life, the interior and exterior of school division buildings, the grounds including parking areas, and all fixed and moveable equipment through regular maintenance and repairs. Further, this objective is specifically intended to provide buildings and their components to function safely and at top efficiency.

Creating a Maintenance Plan

School divisions must develop and maintain capital maintenance plans for all facilities and assets. A comprehensive facility maintenance plan includes the following elements - scheduled, demand/reactive and conditional maintenance. It is important that all three elements are accounted for in the plan.

Scheduled Maintenance: Includes regular scheduled maintenance tasks for asset longevity. This results in clean, healthy and safe learning facilities by doing regular maintenance such as greasing the bearings of an electric motor, oiling door hinges and hardware.

Demand/Reactive Maintenance: Maintenance tasks through observed failure or inspection in an asset. This would include equipment/facility minor repairs, replacements and minor refurbishing or updating when required.

Conditional Maintenance: Inspections for damage from environmental circumstances such as storms or heavy winds.

To keep maintenance on track, school divisions should use computerized maintenance management system software within the Preventative Maintenance Module found in Asset Planner. These programs assist the school division in:

housing an information database of all facilities;

scheduling and tracking maintenance tasks;

creating work orders for maintenance tasks; and,

keeping a historical record of work performed on each asset/facility. All maintenance tasks should be performed and completed in compliance with all related standards, codes and regulations.

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Submission and Updating of Maintenance Plans

Capital maintenance plans should be updated on an on-going basis as circumstances change. In addition, capital maintenance plans should be submitted to their board of education or conseil scolaire for approval. Policy For further information on ministry requirements with respect to maintenance planning, please refer to the Preventative Maintenance and Renewal Program Policy and Guidelines.

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Acquisition of Property

School divisions may wish to acquire and maintain real and personal property for administrative and educational purposes. Real property includes any property that is immovable in nature such as land and any subset of land including buildings, machinery, wells, dams, ponds, mines, canals and roads. Personal property represents anything that is movable and is subject to ownership. Examples would include furniture/equipment and stocks/bonds. School divisions must receive ministerial approval and conduct a tender process before making a capital expenditure of $75,000 or greater to purchase, lease or acquire an interest in real or personal property. School divisions may establish policy at lower thresholds and must conduct a tender process at those amounts. Ministerial approval is also required before entering into an agreement with one or more school divisions, persons or municipalities for the joint construction, ownership, maintenance, operation or use of a public building. Expenditures may be authorized out of the funds of the school division that are required for any agreement entered into. School divisions must contact the ministry for pre-approval prior to making an official request to acquire property. The letter of request would specify:

scope and particulars of the property to be purchased or leased;

how the purchase or lease will be funded; and,

use of property after purchase or expiry of lease. Once the preapproval has been granted the school division would follow the tender process. The outcome of the tender process must be submitted to the ministry for final approval prior to awarding the tender. Upon completion of the purchase or lease agreement, a signed copy must be submitted to the ministry.

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Capital Works

Capital works are works undertaken to create a new asset or space, or to change the use, function or layout of an existing asset or space. Capital works projects must be a high priority consistent with the school division’s long-term capital plans. These types of projects allow school divisions to undertake a capital project that falls outside of the ministry’s infrastructure funding programs. If the project is estimated to be of $200,000 or greater, the school division must receive ministry approval. The tender process must also be conducted before a school division makes a capital expenditure of $200,000 or greater to construct, renovate or alter a facility; or $75,000 or greater for the purchase of building materials. School divisions must prepare and submit a project proposal for ministry preapproval before tender and construction may commence. The project proposal should include where applicable:

project type and description of the request;

identify the key drivers applicable to the project;

detailed design documents and schedules of work;

estimated project cost;

description of any educational/functional deficiencies or concerns if the project is not completed;

benefits of completing the project;

alternative options considered such as consolidations, closure, replacement or renovation strategies; and,

how the project will be funded. Additional information or clarification may be required. Depending on the scope of the project, a more detailed business case may be requested. Policy Guidelines

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Major Capital Program

The Major Capital Program provides funding to school divisions for new schools or major additions/renovations to their facilities. A major capital project is a project that requires significant planning and resources to achieve the addition/renovation of space to a facility or to facilitate the construction of a new facility or a major renovation. Major capital projects are approved by Cabinet. Policy

Application for Major Capital Project Funding

Every year, in accordance with legislation school divisions are required to prepare and maintain a three-year forecast of expenditures anticipated for new school buildings, major renovation of existing buildings and other major capital expenditures. This three-year plan must identify the highest priority major capital needs for the school division. School divisions can submit an Application for Major Capital Project Funding for their three top priorities within their three-year plan. All fields in the application form must be completed in order to be considered. Current enrolments and enrolment projection information must be provided with a request for new space.

Ministry Prioritization of Major Project Requests

A new approach to prioritize major capital requests will be implemented for the 2019-20 Budget. The new prioritization method continues to place the greatest priority on health and safety, while maintaining recognition for enrolment growth. The method also incorporates the new formula for calculating utilization which has been deemed more accurate and effective than the former calculation. The new method applies eight factors with a rating system based on a two- to three-point scale. Some factors, such as Health and Safety, receive a greater weighting than others. The factors include:

Health and Safety: addresses elements that pose risk to student/teacher health and safety.

Utilization: reflects how full a school is, shown as a percentage of capacity.

Efficiency: incentivizes consolidation of schools and joint-use projects.

New Growth: recognizes enrolment pressures in new communities/subdivisions.

Functionality/Contribution to Program: addresses functionality/programming concerns.

Contribution to Community: recognizes project’s positive impacts on the community.

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Facility Condition: reflects the general condition of the school using the Facility Condition Index.

Project Evaluation based on Provincial Priorities: assesses the most effective and efficient means to address each project by examining alternative funding options

Evaluation The ministry will continue to evaluate the prioritization methodology during its first year of implementation. Factors and their weightings will be reviewed as major capital requests are submitted in advance of the 2020-21 Budget.

Capital Funding Agreement (CFA)

Once the construction contract is executed, the ministry is required to enter into an agreement with the school division in order to distribute funding for the project. The following steps must occur before funding can be provided:

Capital Funding Agreement is prepared by ministry;

Order in Council is prepared by ministry;

Order in Council is approved by Cabinet;

Order in Council is signed by Lieutenant Governor; and,

Capital Funding Agreement is signed by school division and ministry. An Order in Council is a directive issued by the Lieutenant Governor on the advice of Cabinet. It is required to provide the ministry approval to enter into a Capital Funding Agreement with the board of education before funding for an approved major capital project can be provided. The ministry will prepare the Order in Council for placement on the next available Cabinet meeting agenda once the contract with the contractor is executed and submitted to the ministry. The ministry cannot send the school division an agreement for signing until the Order in Council is issued by the Lieutenant Governor. Construction can commence prior to the execution of the Capital Funding Agreement. Schedule B of the CFA provides details of the finalized total project cost of the approved major capital project.

Construction Contingency Allowance: Construction contingency allows school divisions to respond to unforeseen costs identified in a ministry approved project during renovation or construction. Approved costs are those that would avoid compromising the completion of a major capital project. The intent of construction contingency is not to address cost escalation or project scope increases. Construction contingency is a predetermined sum of funds identified at the time a major capital project is approved and is accessed through a ministry approved change request. Any unused construction contingency would return to the General Revenue Fund. School

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divisions may use capital reserves or third party funds for approved change requests not funded through construction contingency. On new construction, construction contingency is applied at three per cent of post-tendered construction costs while construction contingency on renovations is applied at five per cent of post tendered construction costs. Construction contingency is accessible for either one school year following occupancy or the construction warranty period, whichever is longer. Policy Guidelines Unfixed Furniture and Equipment Funding: Funding for unfixed furniture and equipment is Included in the total approved project cost for all major capital projects. Disbursements and Expenses Funding: Funding for disbursements and expenses is Included in the total approved project cost for all major capital projects. Demolition Funding: If a major capital project includes the demolition of an existing facility, funding will be included in the approved total projects costs. The demolition must be completed as part of the project.

Change Requests

Change requests are submitted to the ministry to deal with unforeseen circumstances identified during renovation or construction of a new school division facility. Change requests are approved by the ministry when seen as necessary and/or desirable to properly complete the project, within its original scope. The change request must have the following information for review:

description of the work required for the project;

rationale for the required changes; and,

estimated cost of the change request. Depending on the nature of the request, the school division may be required to submit detailed design documents, cost estimates and/or schedules of work to support the change request. The ministry will review the change request and determine the eligibility for use of construction contingency.

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Change requests approved by the ministry will be funded from the construction contingency allowance. If the change request is not eligible for construction contingency, the ministry may recommend funding through school division reserves. Payments from the construction contingency allowance will be added to the school division’s monthly payment. Change requests not approved by the ministry must not be undertaken.

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Preventative Maintenance and Renewal Program

Preventative Maintenance and Renewal (PMR) funding allows school divisions to maintain their facilities in satisfactory operating condition. PMR funding is critical to allow school divisions to prioritize and respond to infrastructure needs as they arise. The program allows school divisions to be proactive in addressing rehabilitation and maintenance projects. The funding is intended to assist in the proactive inspection, detection, and correction of incipient failures before they occur or before they develop into major defects. PMR funding is to be used for the planned maintenance and renewal of all facilities to address the highest needs and top maintenance priorities in the school division. Hutterian schools, associate/independent schools and leased facilities are not eligible for PMR funding. The annual distribution of PMR funding is based on the gross floor area of all schools owned by the school division. It must be used to ensure:

major building components are maintained, repaired or replaced based on lifecycle expectancy;

components are upgraded or replaced to improve energy conservation and efficiency that will result in cost savings;

facilities meet all regulatory requirements;

facilities meet access requirements and intensive support needs; and,

educational areas meet program requirements. Evaluation The PMR program is evaluated on an on-going basis through comments and suggestions received from school divisions during training sessions, conferences and direct contact. Policy Guidelines Forms:

Authorization Form Amendment Form Reconciliation Form

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Relocatable Classroom Program

The Relocatable Classroom Program is designed to address immediate needs for additional classroom space to accommodate increases in enrolments. The program offers school divisions flexibility at the local level to deal with the space crunch and alleviate the pressure caused by growth. Relocatable classrooms can also be moved or relocated as enrolment fluctuates. School divisions request funding for new, replacement or to move relocatable classrooms through an annual application process. Requests from school divisions are prioritized and selected based on projected enrolments, starting with the highest utilized schools. The number of relocatable classrooms to be distributed or moved each year depends on available funding from the annual budget process. School divisions are required to tender all relocatable purchases and moves to ensure there is an opportunity for competition. School divisions are encouraged to order factory-built units but have the flexibility to order site-built units to meet their circumstances. All units must meet specified design and quality requirements. Funding must be returned to the ministry if not used for expenses of the program. Evaluation The Relocatable Classroom Program is reviewed annually. A survey is sent to participating school divisions to gather feedback on the delivery of the program followed by a teleconference review to discuss overall experience and any recommendations for changes to the program. Policy Guidelines

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Emergent Funding Program

The Emergent Funding Program (EFP) is designed to address emergent infrastructure needs. The program is intended as a last resort for school divisions where insurance payments, Preventative Maintenance and Renewal funds and existing reserves are no longer available to address the costs of an emergent project. EFP requests will be considered, provided they pertain to facilities owned by a school division and as determined by the ministry, have resulted in a major and immediate health and safety concern. Hutterian schools, associate/independent schools or leased facilities are not eligible for emergent funding. To be eligible for funding the request must:

pertain to previously unknown, unforeseeable and unplanned circumstances that require immediate action;

address urgent issues and irritants that pose a health and safety risk to occupants;

not be used for additional funding requirements, including cost escalation or scope increases; and,

demonstrate inability to fund by any of the following means (in order): o insurance; o PMR appropriation; and o existing capital reserves included in:

accumulated surplus (i.e. Section 286 pre-April 2009 capital reserves); and,

deferred revenue (i.e. proceeds from the sale of school buildings and federal capital tuition fees – applicable only for schools where federal students are enrolled).

Emergent funding approvals will be provided as needed throughout the government fiscal year. The number and focus of the approvals will be dependent upon the availability of funds. Requests will be accepted and reviewed at any time throughout the year, with approval depending on the nature and urgency of the request. Evaluation The EFP is reviewed annually. A survey is sent to participating school divisions to gather feedback on the delivery of the program and any recommendations for changes to the program. Policy Guidelines Application Form

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Section 2: Appendix – Capital Funding Agreement

THIS CAPITAL FUNDING AGREEMENT MADE THIS ____________ day of __________________,

20______.

BETWEEN:

HER MAJESTY THE QUEEN, in right of The Province of Saskatchewan,

as represented by the Minister of Education

(hereinafter referred to as the "Minister")

- and -

Proper Legal Name of School Division

(hereinafter referred to as the "Board")

WHEREAS the Board desires to undertake a capital construction project;

AND WHEREAS the Board requested the Minister provide financial reimbursement of capital

construction costs to finance the project;

AND WHEREAS the Minister is authorized to enter into an Agreement to provide

reimbursement of costs to the Board for these purposes.

NOW, THEREFORE, the Minister and the Board hereby agree as follows:

1.0 DEFINITIONS AND SCHEDULES

1.1 For the purposes of this Agreement:

a) “Agreement” means this Agreement and includes all Appendices and Schedules attached to this Agreement.

b) “Approved Project Status” means a project that continues to meet the design standards, specifications and scope as approved by the Minister through Schedules A and B, a request per paragraph 5.5 or 11.3, or as a result of the dispute resolution process in 8.0 to this Agreement.

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c) “Cash Flow” means the estimated monthly projection of project costs for the duration of this project.

d) “Change Request” means the process whereby changes required to complete

the project within its original scope are approved by the Minister in accordance with clause 5.5.

e) “Construction Contingency” is a predetermined sum of funding identified in Item 30 of Schedule “B” and is accessed by an approved “Change Request” for unforeseen circumstances identified during construction.

f) “Eligible Costs” means costs eligible for reimbursement of the project as outlined in Item 40 of Schedule “B”.

g) “Parties” means the Minister and the Board. h) “Payment Certificate” means a document verified by an architect or engineer

of a construction project in which the noted work has been completed and is approved for payment and provides sufficient information to allow the Minister to identify work, services or materials for which reimbursement is provided.

i) “Project” refers to the specifications of work as outlined in Schedule “A”.

1.2 This Agreement supersedes any prior Memorandum of Understanding (MOU)

with respect to this project.

1.3 A Communications Protocol is outlined in Schedule “C”.

2.0 FINANCIAL CONTRIBUTION

2.1 The Parties acknowledge that this Agreement does not create a binding and enforceable obligation to provide financial assistance until the Board has met the eligibility criteria with respect to the reimbursement of costs as set out in section 3.0.

2.2 Subject to the provisions of this Agreement, the Minister agrees to reimburse

the Board 100 per cent of Eligible Costs incurred throughout construction of the project described in Schedules “A” and “B”. For clarity, the maximum Ministry contribution for the project shall not exceed $XXXXX (Schedule “B” Item 50).

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3.0 ELIGIBILITY CRITERIA 3.1 To be eligible for reimbursement of costs, the Board must have first incurred

Eligible Costs of the project set forth in Schedules “A” and “B”.

4.0 CONDITIONS 4.1 All financial reimbursements received from the Minister shall be used by the

Board to pay for Eligible Costs directly related to this project. 4.2 The Board shall:

(a) engage and utilize suitable and qualified personnel for the project; (b) obtain all licenses, approvals or permits which may be required; and

(c) comply with all applicable laws, regulations bylaws or codes which may apply

to the Services.

4.3 The Board will keep records and submit reports as set forth in section 6.0.

4.4 The Board shall be in compliance with sections 312, 350 and 353 of

The Education Act, 1995, Part XVII of The Education Regulations, 2015,

Division 3 of The Education Funding Regulations and the terms and conditions of

this Agreement.

5.0 PAYMENT

5.1 Subject to the Board satisfying all obligations under this Agreement, the Minister agrees to reimburse the Board the maximum amount set forth in Item 50 of Schedule “B” according to the terms of this Agreement. All reimbursements are contingent on receipt of the Payment Certificate or supporting documentation. The Payment Certificate must be received monthly by the Minister by the 10th of the following month or a date otherwise agreed to by the Minister.

5.2 The Parties acknowledge that a payment under the Agreement will not be made

until the Legislative Assembly of Saskatchewan has appropriated funds out of which the Eligible Costs may be reimbursed pursuant to this Agreement.

5.3 The Board is responsible for all construction costs for the project described in

Schedules “A” and “B” beyond the financial contribution that the Minister has agreed to in Item 50 of Schedule “B”, unless otherwise agreed by the parties.

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5.4 In the event the Board requires funds in addition to any externally restricted capital reserves, an application to borrow must be submitted and will be considered for approval as outlined in the ministry’s borrowing policy and guidelines as may be amended from time to time.

5.5 All Change Requests must be submitted to the Minister.

(a) Change Requests approved by the Minister may:

(i) with further approval of the Minister be funded from the Construction Contingency; or

(ii) be funded from the Board’s capital reserve where not approved from the Construction Contingency.

(b) Change Requests not approved by the Minister must not be undertaken by the Board.

(c) Any Change Request approved by the Minister does not adjust the Maximum Approved Project Cost in Item 40 of Schedule “B”.

5.6 Where in the opinion of the Minister, the Board fails to comply with the obligations of this Agreement, the Minister may withhold any financial contribution due to the Board until such time as the Board remedies the non-compliance to the satisfaction of the Minister. In the event that the parties cannot agree on these matters then the dispute resolution process in 8.0 will apply.

6.0 RECORDS REPORTING AND ADMINISTRATION

6.1 In addition to the Payment Certificate or supporting documentation required by

5.1, the Board shall provide the Minister with the following:

(a) Cash flow statement;

(b) Certificate of substantial completion and final cost certificate;

(c) Current and accurate descriptions of the project scope, costs and project schedules;

(d) Tender information and results, bidder information, tender and construction contract recommendations;

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(e) Copy of insurance policies (liability insurance and insurance for the value of the building during course of construction);

(f) Change Requests; and

(g) Any other information, documents, or records related to the project as requested by the Minister.

6.2 The Board will submit a “Summary of Final Costs” in the form prescribed by the

Minister. This summary shall be submitted either one school year following

occupancy or at the conclusion of the construction warranty period, whichever is

longer. In addition, the Board will submit to the Minister “as-built” floor and site

plans for the project in the format requested by the Minister.

6.3 The Board shall provide the reports described in 6.1:

(a) in a form acceptable to the Minister; and

(b) within thirty (30) days of the date the Board receives the information or the report is requested by the Minister.

6.4 The Board shall keep complete accounts and records of all revenues and expenditures pertaining to payments received and expenses paid pursuant to this Agreement and permit the Minister to have access to the records as may be necessary.

6.5 Without limiting the generality of clause 6.4 the Minister may, at its own expense, audit or cause to be audited the accounts and records of the Board with respect to the project. For the purposes of this audit the Board shall allow the Minister or its auditors to have access, where reasonably arranged, to its premises; produce all documents, accounts and records; and cooperate with the Minister or its auditors including making all of its staff and personnel available related to the project.

6.6 The Board shall keep all accounts and records in accordance with the Government of Saskatchewan records retention policy.

Article 6.0 shall survive the expiration or termination of this Agreement.

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7.0 TERMINATION 7.1 If any of the parties shall neglect, fail or refuse to perform any of its obligations

under this Agreement, then the other party may serve upon the defaulting party notice of intention to terminate. If the defaulting party has not remedied all of the defaults set out in the notice within 60 days, the other party may upon the expiration of the 60 days immediately terminate this Agreement with notice to the defaulting party.

7.2 Upon termination of this Agreement, the Board will immediately repay to the

Minister any amount already paid to the Board other than amounts which have been expended for eligible costs on the project in accordance with this Agreement up to the effective date of the termination. Any amount owing under this paragraph shall be a debt due and owing by the Board to Her Majesty in right of Saskatchewan.

7.3 The Board shall be entitled to no other fees and to no damages of any nature from the Minister arising directly or indirectly from the Minister terminating this Agreement.

7.4 In the event that the parties cannot agree on the matters described in 7.1, or

7.2, then the dispute resolution process in 8.0 will apply.

8.0 DISPUTE RESOLUTION

8.1 In the event of a dispute between the Parties with respect to the meaning and intent or any conflict, uncertainty or ambiguity in this Agreement, the Parties shall employ the following process to resolve such dispute:

(a) The Executive Director of Infrastructure, Ministry of Education, and the Chief Financial Officer of the Board shall consult as to an appropriate resolution of the dispute;

(b) If the dispute remains unresolved after 15 days, the parties agree to have the matter referred and considered by the Assistant Deputy Minister, Ministry of Education, and the Director of Education; and

(c) If the dispute remains unresolved after 30 days, the parties agree to have the matter referred and considered by the Deputy Minister, Ministry of Education, and the Chair of the Board.

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The parties agree that throughout the dispute resolution process, they shall

make reasonable efforts to minimize and mitigate any costs or delays associated

with the resolution of the dispute or the performance of the project.

9.0 INDEMNIFICATION AND INSURANCE

9.1 The Board will indemnify and save harmless the Province of Saskatchewan, the

Minister, other ministries of the province and any other officers, employees and

agents, from and against any claims liabilities damages demands costs, expenses

and causes of action of any nature whatsoever that may be made against the

Minister, its officers, employees and agents:

(a) Arising out of the breach or failure to perform any provision of the Agreement by the Board its contractors or is agents; and

(b) Relating to injury (including death) to persons or loss of or damage to property arising out of the willful misconduct or negligence of the Board, its officers, employees, contractors or agents.

9.2 Notwithstanding the foregoing, the Board shall have no liability under this

indemnity for claims, losses, damages, demands or causes of action to the same

extent that results from the negligence or malfeasance of the Minister, other

ministries of the province and any other officers, employees or agents in the

performance of the Ministers’ obligations under this Agreement.

9.3 This section shall survive the expiration or termination of this Agreement.

10.0 INDEPENDENT CONTRACTOR

10.1 The Board expressly acknowledges and agrees that it has no authority to act as

an agent of the Government of Saskatchewan or the Minister and will not hold

itself out as such an agent.

11.0 GENERAL

11.1 This Agreement and its Appendices and Schedules constitute the entire

Agreement between the Parties with respect of the subject matter hereof, and

supersedes all previous negotiations and documents related to this Agreement.

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11.2 This Agreement is effective as of XXXXXX notwithstanding its date of execution.

11.3 At any time during the term of this Agreement, the Minister or the Board may

request changes in this Agreement by submitting such requests in writing to the

other party. Any agreed-upon changes must be signed by both Parties and

appended to this Agreement.

11.4 This Agreement is binding upon and shall endure to the benefit of the Parties

hereto, their successors and permitted assigns.

11.5 No delay, forbearance, or indulgence by any party in enforcing this Agreement

shall constitute a waiver of any provision or obligation required to be performed

or fulfilled under this Agreement.

11.6 This Agreement is governed by the laws of the Province of Saskatchewan.

12.0 NOTICES

12.1 Any notice, report or communication from the Board to the Minister under this

Agreement shall be delivered to:

Executive Director, Infrastructure Branch

Ministry of Education

2220 College Ave. Regina, SK S4P 4V9

12.2 Any notice report or communication from the Minister to the Board under this

Agreement shall be delivered to:

Title

Board of Education

Address

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EXECUTION

IN WITNESS WHEREOF the parties have executed this Agreement, in duplicate, as of the day and year first above written. SIGNED on behalf of Her Majesty the Queen ) in Right of the Province of Saskatchewan ) by a duly authorized representative of the ) Minister of Education )

___________________________________ For the Minister of Education ___________________________________ Name (Print) ___________________________________ Title

SIGNED on behalf of the Board of Education ) of the ______________________ School Division ) No. ____ by its duly authorized signatories )

___________________________________ Authorized Signatory (Board of Education Chair) ___________________________________ Name (Print) ___________________________________ Authorized Signatory (Chief Financial Officer) ___________________________________ Name (Print)

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SCHEDULE “A”

SPECIFICATIONS OF WORK

The Board and the Ministry understand the terms of this schedule.

1. Definition and Description of the Project

SCHOOL NAME:

SCHOOL DIVISION:

PROJECT NUMBER:

The project consists of completion of the design and contract documents, tendering and

construction associated with the renovation and addition to the existing Somewhere

School in the City of Somewhere. The project includes the renovation of {XX} (gross)

square meters of existing space and the construction of {XX} (gross) square meters of

new construction including the construction of four new relocatable classrooms. It is

designed for an anticipated increase of Kindergarten to Grade 8 enrolment of {XX}

students by 20{XX}.

The building areas include:

• {XX}

Site work includes the removal and relocation of existing relocatable classrooms,

electrical service upgrades and paved parking areas for staff.

The Board shall perform the following to meet the objective which include, but are not

limited to:

i. Retain a design professional certified to work in Saskatchewan for the duration of the project;

ii. Review and analyze design documentation and specifications; iii. Process the payment of all costs, fees, invoices and charges of any kind to

third parties for this capital construction project; iv. Obtain written approval for any changes to standards, design specifications

or by Ministry; and v. Retain Approved Project Status.

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SCHEDULE “B”

(Schedule “B” is completed prior to execution of the agreement)

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SCHEDULE “C”

COMMUNICATIONS PROTOCOL

SCOPE

a) The Board hereby consents to a public announcement/official ceremony/news release by or on behalf of the ministry.

b) Unless otherwise agreed to by the ministry and the Board, the Board will pay the costs of preparing and delivering communications activities and products, including documents, distribution to the media, and the organization of special events.

c) Costs incurred for temporary signage or other special event requirements requested by Saskatchewan and deemed to be of undue burden on the Board will be paid by the ministry.

d) The Board will ensure appropriate mention of the Government of Saskatchewan’s contribution(s) in speeches, communications materials and/or other relevant opportunities.

e) The Board and the ministry will promptly share information about significant emerging media issues or inquiries relating to the Project. (For example, joint management questions or serious safety matters.)

GUIDING PRINCIPLES

a) The ministry and the Board shall consult with each other, at least 15 working days in advance, about all proposed news releases, public announcements or events relating to Project. This is to provide the Parties sufficient notice of key project communications, and, where appropriate, the time to determine a course of action, line up representatives and prepare joint material. This notice provision does not apply if a news release or public announcement must be issued in less than 15 working days as the result of unforeseeable circumstances.

b) The Parties agree that all communications products produced pursuant to this Agreement shall comply with the Government of Saskatchewan visual identity standards and guidelines and the Board’s visual identity requirements will also be respected.

c) All communications through electronic media such as websites or management information systems should follow the same guiding principles as those established for “traditional” means of communications.

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COMMUNICATIONS WITH THE PUBLIC

a) Where the Parties agree to hold a joint event, the Parties will make best efforts to mutually agree on a date and location to facilitate the participation of the Minister, or their designated representative.

b) Other mutually agreed protocol should be respected.

c) In such joint events, messages and public statements should be mutually agreed upon.

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General Overview

These policies and guidelines have been developed by the Ministry of Education in collaboration with education sector partners to achieve accountability and best practices in the planning, design and completion of approved major capital projects. The manual is designed to provide school divisions an overview of leading practices in the construction and major renovation of schools, along with a clear understanding of both the school division and ministry role in the planning of school division major construction projects from pre-design to close-out. In addition, samples of related processes and policies are provided in the appendices to this document. Each section of the manual addresses one of the following four key phases in the capital construction/major renovation of school division facilities: Phase 1: Pre-Design Phase 2: Design Development Phase 3: Request for Proposal (RFP) & Contract Preparation Phase 4: Construction & Close-out

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The following flowchart serves as a framework for these guidelines and provides an overview of the major capital project process.

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Phase 1: Pre-Design

Application for Major Capital Project Funding

School division completes and submits to the Ministry of Education an Application for Major Capital Project Funding each year for each of their top three major capital priorities. The Ministry reviews each application received and prioritizes the projects for consideration by Cabinet.

Government of Saskatchewan Approves Project

Each year on Budget Day, any major capital project requests approved to proceed are announced. The ministry assigns a facilities consultant to the project and provides school division written confirmation once the major capital project has been approved. The ministry also sends a letter outlining the funding amount committed for the design of the project. The ministry facilities consultant will begin preliminary work with the school division on the scope of the project. A Schedule of Accommodation (SA-1) will be used to determine the preliminary size of the project with respect to a new or replacement school.

Selection of Project Manager

The Ministry of Education requires school divisions to procure a project manager for every major capital project that is approved. A project manager will provide expert project management support in the delivery of the project through design development, construction and commissioning to an operational facility including the warranty period. The project manager ensures important consideration is given to functional programming requirements of the school. The project manager will also coordinate all aspects of the project, including monitoring the budget and timelines and ensuring processes are in place for eventualities such as change orders and other internal approvals. The advantages and benefits of a project manager are:

improved communication among stakeholders,

improved adherence to the schedule,

reductions in design costs, and,

reductions in change orders. The school division and ministry will work together to hire a project manager. A Request for Proposal (RFP) is required in accordance with The New West Partnership Trade Agreement before selecting a project manager. In addition, the government supports RFP’s based on best value rather than lowest price. Once a project manager has been selected, the school division and ministry will sign a joint contract with the successful proponent. A fully executed copy is sent to the ministry.

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Determining the Project Scope and Preliminary Budget

The project manager, school division and ministry work together to determine the project size and preliminary budget. The ministry calculates the preliminary budget based on current cost estimates and the size of the school building. If the project is a new or replacement school, or if a major renovation involves a change to the overall footprint of the school, the size of the project is finalized using the Schedule of Accomodation (SA-1). Initial preparation and planning of the owner’s project requirements will be done. A preliminary project timeline will also be developed based on the four phases outlined in this manual. When project size and preliminary budget is agreed upon by the school division and the ministry, the ministry will provide written approval for the school division to proceed with the procurement of a design team.

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Phase 2: Design Development

Selection of Design Team

The project manager, school division and ministry will work together to hire a design team and prepare an RFP for design services. In accordance with The New West Partnership Trade Agreement, school divisions are required to provide an open and non-discriminatory RFP based on best value. Once a design team has been selected, the school division, ministry and design team will jointly sign the contract. A fully executed copy is sent to the ministry.

Schematic Design

The project manager, design team and school division conduct community consultations to assist in design development. The ministry is provided the opportunity to attend. Consultation with other school divisions on past experience with major capital projects can also assist in design development. The design team will begin preparing the schematic design ensuring the owner’s project requirements are met. At the schematic design phase, the design team discusses alternative design approaches under the direction of the project manager and school division. The design team is also required to ensure the preferred design is within the approved gross floor area and preliminary project budget. The school division and ministry will approve the schematic design.

Design Development Report Submission (DDR)

Upon approval of the schematic design, the design team will proceed with the development of a Design Development Report (DDR) for review by the project manager, school division and ministry. The ministry requires an electronic and paper copy of the report. The DDR must include but is not limited to the following:

project timeline including key milestones;

owner’s project requirements and how they will be achieved;

schematic plans which identify the following: o learning spaces; o support spaces; o circulation; o major equipment; o large services; and, o site plan with building location/orientation, major roadways, parking and future

relocatable classroom areas.

area calculations compared to approved SA-1;

building materials and finishes (interior and exterior);

mechanical, electrical and accessibility systems;

innovation and efficiencies to HVAC, data and electrical systems;

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identification of major wall, floor and roof elements;

preliminary Building Code review; and,

cost estimate. The project manager, school division and ministry will review the DDR for compliance with area requirements and preliminary budget. Resubmittal of the DDR may be required if compliance is not met. When the DDR complies with all requirements, the ministry will provide the school division written approval to begin construction documents associated with the project.

Interim Submission

An interim submission is required to confirm compliance with the ministry approved total area of the facility and preliminary budget. The ministry requires an electronic and paper copy of the interim submission. The interim submission must include but is not limited to the following:

Specifications: o Division 00 and Division 01 o Completed major technical sections o Accurate table of contents

Building code review

Finalized building layout

Architectural and structural sections, elevations and details

Mechanical equipment and distribution locations, schedules and details

Electrical building systems and power locations, schedules and details

Door, wall, finish and hardware schedules

Identified learning spaces: o complete with student distribution o explanation of calculation

Identified circulation: o Including egress, stairs, elevator and open flexible spaces (may be included on

floor layouts)

Cost estimate The project manager, school division and ministry review the interim submission for compliance with requirements, area and preliminary budget. Resubmittal of the interim submission may be required if compliance is not met. When the interim submission documents comply with all requirements, the ministry will provide the school division written approval to finalize construction documents associated with the project.

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Final Submission

The final submission is required to confirm compliance with the ministry approved total area of the facility and preliminary budget. This is the last review before the project goes to RFP. The project manager will lead the school division and design team in the coordination of this submission. The ministry requires an electronic and paper copy of the submission. This final submission must include but is not limited to the following:

complete specifications;

building code review;

finalized floor, ceiling, roof and site plans;

finalized sections, elevations and details;

schedules and details for: o Finalized mechanical equipment and distribution locations o Finalized electrical building systems and power locations o Finalized electrical lighting location

finalized door, wall, finish and hardware schedules;

finalized millwork/casework details;

finalized learning spaces; complete with student distribution and furniture layouts;

finalized circulation plan; including egress, stairs, elevator and open flexible spaces; and,

cost estimate. The ministry will review the final submission for compliance with requirements, area, coordination and cost and the school division will have a third party pre-tender construction document review performed. Resubmittal of the final submission may be required if compliance is not met. If the final submission complies with requirements, the ministry will provide written approval informing the school division the construction documents may be issued.

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Phase 3: Construction RFP & Contracts

Issue/Evaluation of RFP

After close of the construction RFP, submissions are reviewed and evaluated by the project manager, school division, design team and ministry. The Government of Saskatchewan has set policy with respect to best value procurement. While price remains a fundamental component of any procurement, public entities including school divisions are encouraged to consider other applicable factors in developing the evaluation components of procurement opportunities. The policy is located on the SaskTenders website at the following link: https://sasktenders.ca/Content/Public/KnowledgeCentre.aspx

Selection of Contractor

When the evaluation process is complete and a contractor has been selected the ministry will provide the school division written approval to award the contract. A fully executed copy is sent to the ministry along with a Confirmation of Contract Award (CCA). The ministry will coordinate with the school division in the planning of the sod-turning event.

Capital Funding Agreement

Once the construction contract is executed the ministry is required to enter into an agreement with the school division in order to distribute funding for the project. The following steps must occur before funding can be provided:

Capital Funding Agreement is prepared by ministry;

Order in Council is prepared by ministry;

Order in Council is approved by Cabinet;

Order in Council is signed by Lieutenant Governor; and,

Capital Funding Agreement is signed by school division and ministry. An Order in Council (OC) is a directive issued by the Lieutenant Governor on the advice of Cabinet. The OC is required to give the ministry approval to enter into a Capital Funding Agreement with the board of education and provide funding for a major capital project. The ministry will prepare the Order in Council for placement on the next available Cabinet meeting agenda once the contract with the contractor is executed and submitted to the ministry. The ministry cannot send the school division an agreement for signing until the Order in Council is issued by the Lieutenant Governor. Construction may commence prior to the execution of the Capital Funding Agreement.

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Phase 4: Construction & Close-Out

Construction

Construction begins as soon as a contract is signed by the school division with the successful proponent. Throughout the construction phase regular construction monitoring is completed. The project manager, school division, ministry, design team and contractor meet on a regular basis. The ministry will provide its standardized logo for placement on the construction site signage.

Progress Funding

Funding is provided to the school division on a reimbursement basis contingent on the submission of a payment certificate or supporting documentation as outlined in the Capital Funding Agreement.

Close-out & School Occupancy

Every approved major capital project will have project commissioning by an independent third party consultant. Once substantial completion of performance is achieved the school division is required to submit a Certificate of Substantial Performance of Contract (Form C1) to the ministry. The ministry, project manager, school division, design team and contractor work together to close-out the project. Where required, the school division must receive an occupancy permit from the authority having jurisdiction before the building can be occupied. The ministry will coordinate with the school division on the details of a commemorative plaque. The Communications Branch in the ministry will also work with the school division in planning an opening ceremony event. Before the final payment can be made to the school division, unfixed furniture and equipment along with contingency costs must be reconciled. The ministry will also require record drawings in dwg format. The ministry will send the school division a summary of final costs that must be signed and returned to the ministry before a final payment can be issued to close-out the project.

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Evaluation

The process for delivering approved major capital projects will be reviewed annually once the previous year’s approved projects are complete. A survey will be sent to participating school divisions to gather feedback on the delivery of the program for that year. This will be followed by a teleconference review to discuss their overall experience with the process and recommendations for changes to the Major Capital Program.

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Introduction

School utilization reflects the number of students in a school with regard to to the school’s capacity. The capacity of a school is the number of students a school can accommodate, and is typically based on a school’s instructional area. Displayed as a percentage, a school is considered at capacity when its utilization rate is 100 per cent. The utilization of schools is used for funding purposes and to guide the ministry in its capital plan for the province. The ministry calculates utilization rates for all capital-funded schools to determine the allocation of relocatables, the prioritization of major capital requests, and the amount of Plant Operation and Maintenance funding by school division. Utilization Methodology Review A review of the utilization method began in fall of 2014. The review came in response to concerns many school divisions had over the effectiveness of using the gross area of schools to calculate utilization. The purpose of the review was to assess whether a new method for calculating utilization could be implemented that was more effective, transparent and equitable. Considerable research, data collection, testing, analysis and consultation was undertaken to develop the new method described below.

Utilization Calculation

The new method to calculate utilization divides the current enrolment of the school by its capacity, where capacity is based on the instructional area of the school. For New School Builds (those schools designed/redesigned 2006 and later), capacity is based on the design capacity of the school – the number of students the school was designed to accommodate. For Traditional School Builds (those designed pre-2006), capacity is based on the instructional area of the school divided by a standard instructional area of 4.0 m2 per student. Capacity will be adjusted annually for schools if there are additions, major renovations or relocatables added to or removed from the school. For Traditional School Builds with specific grade configurations, additional capacity is allocated for Practical and Applied Arts (PAA) labs and for gyms to account for these larger instructional areas. A loading of 15 students per PAA lab, 20 students per gym under 600 m2 and 40 students per gym at or over 600 m2 will be applied to schools with grades 6-12, 7-12, 8-12, 9-12 and 10-12.

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The utilization method is summarized as follows:

Utilization = PreK-12 Enrolment × 100% Capacity

1) For a New School Build:

Capacity = Design Capacity + 25 Students per Relocatable

2) For a Traditional School Build:

Capacity = Base Capacity + Additional Capacity* Base Capacity = Instructional Area ÷ 4.0 m2 per student Additional Capacity* = PAA + Gym Recognition

= 15 students × # of PAA labs = 20 students × # of gyms < 600 m2 = 40 students × # of gyms ≥ 600 m2

* Applies only to schools with grades 6-12, 7-12, 8-12, 9-12, 10-12

New School Build: For the purpose of determining utilization, a school designed or redesigned 2006 and later where:

1) the school is new or a replacement OR 2) the design of the school has changed significantly, requiring a reassessment of the school’s design capacity.

Traditional Build: For the purpose of determining utilization, a school designed prior to 2006.

Design Capacity: The number of students a school was originally designed or redesigned to accommodate.

Instructional Area: All floor space of classrooms, science labs, computer labs, breakout rooms, special education, music, art and drama rooms.

Example (Traditional Build)

A grade 7-12 school with 375 students has an instructional area of 1500 m2, two PAA labs and one gym under 600 m2. The utilization rate is calculated as follows: Utilization = Enrolment = 375 = 88% Capacity 425 Where Capacity = 1500 m2 ÷ 4 m2 + 2 PAA labs × 15 students + 1 gym × 20 students

= 375 + 30 + 20 = 425

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New School Builds and Design Capacity The design capacity for New School Builds recognizes the 21st learning design that exists in new schools. The change to new builds occurred most notably when design standards were revised in 2006. As part of these changes, more instructional space was allocated for early learners (e.g. Kindergarten space allocations were increased) and more non-instructional space was allocated to accommodate future school expansion. This period also marked the beginning of innovative school designs where flexible learning areas, including open learning areas, widened hallways, breakout and tutorial rooms became commonplace in new school builds. Traditional School Builds and Instructional Area per Student The design capacity cannot be readily applied to Traditional School Builds, as their design capacity is either unknown or no longer relevant. The standard area per student of 4.0 m2 reflects the average instructional area of Saskatchewan schools built prior to 2006. It is important to note that this is an average, and that school areas will vary depending on when the school was built. Instructional Area For the purpose of calculating utilization, instructional area has been defined as follows: “Any area in a school where learning is or could be the primary function based on intended design.” This includes all instructional areas that were intended to be instructional at design or after a major renovation to the school. A classroom that was designed to be instructional but has been converted to storage, for example, will continue to be deemed instructional. Similarly, a staff room that has been temporarily converted to a classroom due to enrolment pressures will be deemed non-instructional. Areas such as hallways, where instruction could take place part of the time but is not the primary function, will be deemed non-instructional. Practical and Applied Arts Labs and Gyms Practical and Applied Arts (PAA) labs, for the purpose of the new method, are defined as any areas designed for a specific purpose to support PAA programming with equipment in place to support that programming. Examples would include an industrial arts lab with equipment such as lathes and power saws or a home economics room with stoves and sewing machines. Where classrooms exist within these labs to support the same PAA programming, they will be counted together with the lab as one PAA lab. Where the classrooms stand alone and could be used as regular classrooms, the area will be included as regular instructional space. Since instructional areas such as PAA labs and gyms are generally over-sized for the number of students they can facilitate at any one time, the standard area per student is not applied to them. Additional recognition for PAA and gyms is only applied to schools where the majority of students do not utilize homerooms (for example, a school with grades 6-12). Students in higher grades, in particular grades 9-12, typically rotate from one classroom to another throughout the day. Students not only rotate through classrooms, but also through PAA labs and gyms. At any one point in time throughout the day, PAA labs, the gym and all classrooms could be occupied in a high school, while in an elementary school, the use of homerooms does not allow for this.

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Middle years schools are treated the same as elementary schools, as they typically still use homerooms. In applicable schools, PAA labs are assigned 15 students per lab in recognition that only so many students can be accommodated throughout the day in these programs. Gyms are assigned 20 students for small gyms and 40 students for larger gyms, where it is deemed that two classes could be accommodated at the same time. School Division Data Requirements The ministry requires school divisions to update floor plans when instructional areas change within their schools. This pertains to additions, renovations, and the addition, removal or relocation of relocatable classrooms. School divisions are responsible for submitting updated floor plans to the ministry’s Infrastructure Branch once construction is complete. School divisions may contact the Infrastructure Branch if the instructional area and/or capacity of a school is in dispute. Requests and updated floor plan data must be submitted by September 30th to be considered for changes in next year’s provincial budget.

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Introduction

School divisions are encouraged to develop policy on the use of school division facilities by community groups. Policies should be based on local needs and arrangements consistent with the priorities for regular school programming, safety/security, maintenance and cleaning. A community use of school division facility policy may include the following elements but is not limited to:

Designation of community use coordinator and responsibilities.

Manner for determining when school facilities are to be made available to the public.

Rental fees or the manner of determining how fees are calculated.

Entry requirements and supervision required at different times including school hours, evenings, weekends and holidays.

Processes to apply for and reserve facilities for community usage.

Priority determination of access by community group when competing applications request the same time and/or facility.

Acceptable standards for both school divisions and community groups on giving notice when rented facilities will not or cannot be used at the reserved time.

Insurances that must be held by community users and the circumstances in which the users are expected to indemnify the school division for any loss or damages while renting the facility.

Acceptable use/licensing and any specific conditions and/or rules regarding the use of school space.

Any processes to be followed in resolving disputes related to the public use of facilities. Policy