THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234
Office of Facilities Planning
Tel. (518)474-3906 Fax (518) 486-5918
E-mail: www.emsc.nysed.gov.facplan/
July 2004
TO: District Superintendents
Superintendents of Schools
FROM: Carl T. Thurnau, PE, Coordinator
SUBJECT: STATE BUILDING AID FOR PUBLIC SCHOOL DISTRICTS AND BOCES
The attached bulletin provides guidelines and information on school
construction, pursuant to Section 3602 of the Education Law.
The Office of Facilities Planning assigns a Project Manager to every project
that a school district or BOCES proposes to do. For many years the method for
determining the extent of eligibility for building aid of any project involving
a new instructional facility or an addition to an existing instructional
facility involved the calculation of State-rated capacity. However, the
public sector seemed to consistently misinterpret this label as meaning the
number of students that could be placed in a particular classroom. This
calculated number actually represented one part of the equation used to
determine the maximum expenditures for contracts and for incidentals upon which
Building Aid would be computed. In reality, it had little or nothing to do with
the actual number of students served in each instructional space within the
building. To help clarify the misinterpretation, the Office of Facilities
Planning decided to change that terminology from State-rated capacity to
Building Aid Units.
The attached represents the minimum class sizes required for new instructional
facilities and the number of Building Aid Units represented by those classrooms.
If you have difficulty interpreting any of the material, please feel free to
contact a Project Manager in this office. In addition, we strongly urge you to
contact our office as early as possible in the planning process and whenever
there is a question concerning building construction or eligibility of certain
work for Building Aid. It is our desire to assist school districts with the
planning of facilities to house their educational programs as efficiently as
possible, while at the same time maximizing their Building Aid.
There is additional information which describes the types of work that are or
are not eligible for building aid. There is also information on the
appropriateness of change orders and their eligibility for building aid and
relationship to the original project.
Attachment
STATE BUILDING AID
FOR PUBLIC SCHOOL DISTRICTS AND BOCES
BUILDING AID
Building Aid is available for certain approved capital outlays and debt service
for school buildings housing elementary and/or secondary students and for school
bus garages. A project is not eligible unless the construction costs of
the project equal or exceed $10,000, excluding incidental costs.
Consistent with Section 3602, subdivision 6, of the Education Law, such
construction may include new buildings, additions, and
alterations/reconstruction of facilities.
The Commissioner of Education must approve plans and specifications for capital
construction projects undertaken by public school districts and BOCES. This
charge is administered by the Office of Facilities Planning, pursuant to Section
408 of the Education Law and Part 155.2 of the Regulations of the Commissioner
of Education. Proper procedures for obtaining approval of plans and
specifications are outlined in other office publications.
It is important to note that approval of plans and specifications for most
capital construction projects undertaken by a public school district or a BOCES
is necessary whether or not Building Aid is involved. Staff are available
to answer any questions pertaining to Building Aid or plan approval.
Eligibility for new construction is determined through an assessment of
information contained in the school district's Facilities Needs Assessment
Summary, enrollment projections, Instructional Space Review form, 5-YEAR capital
Facilities Plan, and proposed floor plans, as well as the required curriculum
and the specific educational programs offered by the district or BOCES. A
Project Manager from our office will be assigned who can assist a district
during the development phase of a project to maximize Building Aid.
Section 1 of Part F of Chapter 383 of the Laws of 2001 change the methodology
used in the payment of Building Aid. Projects are considered Prospective
Projects when they are approved by the Commissioner on or after December 1, 2001
or when the first borrowing for the project is after this date. Such projects
are subject to an Assumed Amortization using the approved project costs.
Approved project costs are the lesser of the actual costs or the maximum cost
allowance (discussed below) for each of the four project cost categories. The
categories are new/addition construction costs; alteration/reconstruction costs;
new/addition incidental costs and alteration/reconstruction incidental costs.
These costs are totaled to arrive at the Approved Project cost.
Building Aid is based on an Assumed Amortization Schedule using:
A statewide average interest rate. There is a separate interest rate for each of
the Big Five Cities and the actual interest rate will be used for projects
financed through the Dormitory Authority of the State of New York.
Terms are 15, 20 or 30 years for reconstruction, additions and new buildings
respectively.
The first assumed principal and interest payment is made the latter of 18 months
after approval of the project by the Office of Facilities Planning or the date
that a general construction contract award is certified to the Education
Department on the SA-139 Request for Building Project Data.
For the purpose of computing State Building Aid, debt service payments are
assumed to be made every six months and the payments are assumed to be level
debt service (equal payments).
Twelve months of capitalized interest that accrues before the first assumed
payment is an aidable expense and is added into the principal amount to be
financed.
State Building Aid will be based on the amount of Assumed Debt Service that
occurs in a given school fiscal year.
State Building Aid will continue to be paid out based on the payment schedule in
Education Law section 3609-a.
School Districts may finance their projects in any manner they choose and the
former early borrowing penalty is eliminated for projects subject to prospective
assumed amortization.
School Districts may align their new debt service to the assumed amortization
rules, but are not required to do so.
The assumed amortization process for projects subject to prospective assumed
amortization will allow the State Education Department (SED) to quickly
calculate building aid for each project as soon as the project is approved. SED
can more accurately estimate building aid for future years and there is less
paperwork for the districts.
Part F of Chapter 383 of the Laws of 2001 also changed the aid methodology
for existing projects.
Existing projects subject to retroactive assumed amortization are projects
approved prior to December 1, 2001 by the Office of Facilities Planning and for
which debt (Bonds, Bond Anticipation Notes or Capital Notes) were first issued
prior to this date.
The assumed amortization methodology for existing projects subject to
retroactive assumed amortization applies to Building Aid Payments beginning in
the 2002-03 school year.
The assumed amortization methodology is applied to the existing debt and
building aid is stretched out over the same period as if the district had
financed for the blended maximum useful life of the projects associated with the
debt, as determined by the Commissioner, less the number of years the project
has already been financed.
Building Aid is based on an Assumed Amortization Schedule for debt
service using:
A statewide average interest rate for the 2001-02 school fiscal year. (There
will be a separate interest rate for each of the Big Five Cities and the Actual
interest rate will be used for projects financed through the Dormitory Authority
of the State of New York.)
The remaining useful life of the projects.
Reasonable approved refinancing fees and charges and additional
principal necessary to advance refund bonds.
The outstanding principal for each project as of July 1, 2002.
Any other approved project costs that are to be funded through the
issuance of debt
The first assumed principal and interest payment is assumed to be made by the
school district on July 1, 2002.
For the purpose of computing state Building Aid, debt service payments
are assumed to be made every six months and the payments are assumed to be level
debt service (equal payments).
State Building Aid will be based on the amount of assumed debt service that
occurs in a given school year.
State Building aid will continue to be paid out based on the payment
schedule in Education Law, section 3609-a.
If you are interested in obtaining further detailed information regarding the
above changes to the payment of Building Aid visit the State Aid web site at
www.stateaid.nysed.gov.
In the case of instructional facilities (i.e., school buildings), the
Maximum Cost Allowance is limited to:
· the Building Aid Units (BAU) assigned to the project by grade level or
category and for new or existing space;
· multiplied by the Construction Cost Index that is in effect the month
the general construction contract is signed;
· then that amount multiplied by the applicable Regional Cost Factor for
the fiscal year that the project’s contracts are signed. This is applicable only
to contracts signed after July 1, 1998.
The above formula may result in up to four amounts of maximum cost allowance
derived both for contracts and for incidental costs, and for new and existing
space. These amounts or the actual costs incurred, whichever is less,
are then multiplied by the district’s Building Aid Ratio at the time the project
is approved. The district’s Building Aid will be the result of this calculation.
NOTE: If the district is eligible for an additional adjustment to their
Building Aid Ratio, then the Office of State Aid would factor this into the
calculation when computing the actual Building Aid Ratio to be used.
In the case of bus garages, expenses eligible for Building Aid are limited to
those necessary to maintain and store district-owned school buses. These
expenses are used as the maximum cost allowance for these facilities.
Facilities used for storing or maintaining other vehicles, such as cars for
driver training instruction, grounds maintenance equipment and other types of
vehicles not used to transport pupils are not eligible for Building Aid.
PURPOSE OF BUILDING AID
The purpose of Building Aid, indeed a major goal of Facilities Planning, is
to ensure that each school district and BOCES provides suitable and adequate
facilities to accommodate the students and programs of the district. To this
end, new facilities -- new buildings, additions, major alterations -- must meet
specific standards pertaining to the type, size and number of teaching stations,
as well as building code requirements. Existing facilities must meet health and
safety regulations, and reconstruction of existing facilities must meet building
code requirements.
ELIGIBILITY FOR BUILDING AID
The Project Manager will assist a district in maximizing eligibility for
Building Aid. This assessment involves a comparison of district wide pupil
enrollment projections with the efficient operating capacity of existing school
buildings to determine building needs. The vehicle for accomplishing this is a
room schedule of minimum spaces necessary to house a district's educational
program for a given number of pupils. In the case of an addition, the format of
the room schedule allows for the listing of existing spaces and how they will be
used prospectively. Thus, the difference between needed spaces and existing
spaces will indicate the needed scope of work. The various formulas necessary to
develop such a room schedule are included in this publication.
MINIMUM ROOM SIZES – required for new buildings and additions;
recommended for new spaces created within existing space
General
a. Spaces in new buildings and additions which are required to house
a district's educational program shall meet the size standards listed below.
Where no square footage (sq. ft.) is listed, the size may be as determined
locally.
b. In every case, listed square footage means minimum, net, clear, new
educational space.
c. Newly-created spaces in alterations to existing school buildings should
attempt to meet the size standards insofar as possible or practical.
d. Criteria to determine the number of spaces necessary is also included below.
The number of pupil stations (i.e., Building Aid Units) assigned to various
rooms is discussed later, beginning on page 14.
Elementary School
a. Classrooms --
1. Grades 1-6 770 sq. ft.
(27 BAU/room)
2. Pre-kindergarten/kindergarten 900 sq. ft.
(27 BAU/room)
b. Library 900 sq. ft.
(1 thru 12 classroom buildings -- none required)
(13 plus classroom building -- 1 required)
c. Physical Education - gymnasium 36' x 52'
(1 and 2 classroom buildings -- none required)
(2 thru 14 classroom building -- 1 required)
(1 thru 14 additional classrooms -- 1 additional)
d. Special Education
Student/Teacher Ratio |
Maximum Pupil Capacity |
Minimum Classroom Size |
12:1 or 15:1 | 12 or 15 | 770 sq ft |
12:1:1 | 12 | 770 sq ft |
6:1:1 | 6 | 450 sq ft |
8:1:1 | 8 | 550 sq ft |
12:1+3:1 | 12 | 900 sq ft |
Resource Room | --- | 300 sq ft |
Student/Teacher Ratio |
Maximum Pupil Capacity |
Minimum Classroom Size |
12:1 or 15:1 | 12 or 15 | 770 sq. ft. |
12:1:1 | 12 | 770 sq. ft. |
6:1:1 | 6 | 450 sq. ft. |
8:1:1 | 8 | 550 sq. ft. |
12:1+3:1 | 12 | 900 sq. ft. |
Resource Room | --- | 300 sq. ft. |
NOTE: Provide ancillary space equivalent to at least 1/4 of the area
of a special education classroom for each special education classroom being
constructed, either as part of the new classroom or other designated space.
n. Usual ancillary spaces
1. Administration
2. Adult education
3. Auditorium (no. of fixed seats, 7 sq. ft./person)
4. Cafeteria/Kitchen (15 sq. ft./person)
5. Conference Rooms
6. Computer Laboratory
7. Guidance Suite
8. Health Suite
9. Lockers and showers (for 100% of pupil enrollment)
10. Large group instruction (no. of fixed seats, 7 sq. ft./person)
11. Resource Rooms
12. Remedial Rooms
13. Storage
14. Maintenance
15. Teachers' room(s)
16. Toilets
DETERMINING BUILDING AID
In the actual determination of estimated building aid, the following
terms apply:
· Pupil Capacity -- It is imperative that the definitions and
differences in the following terms be understood.
1. Original Capacity – This represents the total number of students
in the original building, or total complex in the case of additions, was
designed to accommodate (i.e., 567 pupil elementary school; 1,000 pupil high
school). Essentially, this number is the operational capacity of the
building or complex when it was constructed and was the basis for the
determination of minimum size of site.
2. Rated Capacity (State-Rated Capacity) -- Previously, this was
understood to be the total number of students assigned by Facilities
Planning to a building for the purpose of determining the maximum cost
allowance for a capital construction project -- new building, addition(s),
alterations, or, reconstruction -- pursuant to Education Law, Section 3602,
subdivision 6. Facilities Planning now refers to this as Building Aid Units
(BAU).
The BAU assigned to a particular project is computed using space standards
established by the Commissioner. Note that a change in room use may result
in a change in the BAU. When new buildings or additions to schools are
planned, the total projected student enrollments for the grade levels to be
housed in that new building are compared to the actual number of regular
and/or interchangeable classrooms being proposed. (Note: Those
enrollment projections are usually based on the Cohort Survival method and
are a required component of the Facilities Needs Assessment Summary for that
particular proposed project.)
3. Operating Capacity – This reflects the total number of students
the building can reasonably and efficiently house based on the district's
educational program and class size policy, and the number, size and current
use of rooms as represented on approved plans. The operating capacity of a
building is computed using the space standards established by the
Commissioner modified by any differences due to the district's educational
program and/or class size policy.
4. Enrollment (building enrollment) – This is the number of students
actually assigned to a building during a specific school year.
· Construction Project Cost Index -- This is the New York State Labor
Department index which represents the cost of labor and materials. It varies
monthly (historically upwards) and is used to determine the construction
project cost index for both construction contracts as well as for incidental
costs. The construction project cost index accounts for the various factors
included in the Education Law (K-6 = 1,000; grades 7-9 = 1,400; grades 7-12
= 1,500; a facility housing only special education students = 2,000; and
special education students housed in a building with regular education
students = 3,000) and is adjusted on the base year of 1950. For computing
actual Building Aid, the construction project cost index used is the one
that is in effect the month the district signs the major (or general
construction) contract for the work proposed under each particular project.
(Note: The construction project cost index for incidentals represents
25% of the cost index for contracts at the secondary grade levels and
for special education, and 20% of the cost index for contracts at the
elementary grade levels.
· Maximum Cost Allowance -- This represents the maximum amount of
actual expenditures upon which the State will pay Building Aid. Pursuant to
Section 3602, subdivision 6, a maximum cost allowance is determined for both
construction costs and for incidental costs. The maximum cost allowance for
incidentals is 25% of the maximum cost allowance for construction for
secondary schools and special education, and 20% for elementary schools. In
the case of a project having construction of a new addition, as well as
reconstruction or alterations of an existing building, a separate maximum
cost allowance is determined for the construction costs and for the
incidental costs for both the addition and the reconstruction or alteration.
When a proposed project includes an addition to an existing building as well
as alterations (i.e., reconstruction) of the existing building, a separate
maximum cost allowance is computed for the contract costs and for the
incidental costs for both the addition and for the alterations portions of
the project. (Allowable incidental costs are defined later on in this
booklet.)
· District Aid Ratio -- This represents a fixed percentage determined
annually for each individual school district, based on the full value of
property in the district and the number of students in the district. It
varies from 0% in the wealthiest districts to as high as 90% in the poorer
districts. When reorganized incentive building aid is added to the aid
calculated pursuant to the aid ratio of recently reorganized districts and
the 10% incentive aid enacted effective July 1, 1998 is also added, the
approved capital projects may be aided up to a maximum of 95% of approved
expenditures.
10% inventive aid: If voters authorized capital project before July 1, 2000,
the district gets select aid ratio plus 10%. If voter authorization is after
July 1, 2000, the district gets the greater of the current aid ratio or
the select aid ratio minus 10% and then adds 10% back to the selection.
FORMULA FOR BUILDING AID
Using the above terms, the formula for determining
estimated building aid for a new building, addition, reconstruction and/or
alteration is as follows:
1. The BAU are multiplied by the construction project cost index to
determine a maximum cost allowance for both construction costs and
incidental costs.
2. The maximum cost allowances are adjusted by multiplying each one
(i.e., new versus existing BAU and contracts versus incidental cost indices) by
the district’s applicable Regional Cost Factor. The Regional Cost
Factor is used to compensate for higher construction costs in various
geographical areas of the State. Note that if the Regional Cost Factor is
greater than 1.0, it will increase the maximum cost allowances that are eligible
for Building Aid.
3. The actual expenditures by category (i.e., new versus existing and contracts
versus incidentals) are then multiplied by the district’s Building Aid
Ratio on a project-by-project basis, taking into account any applicable
incentive or RESCUE aid for the particular project and the results are the
dollars that the district will receive if the actual expenditures for
construction and incidentals are equal to, or less than the adjusted
maximum cost allowances. If the actual expenditures in either category
(contracts or incidentals) are less than the adjusted maximum cost allowance,
the aid ratio is applied to the actual expenditure to determine what dollars the
district will receive. If the actual expenditures exceed the adjusted maximum
cost allowances, there is no penalty but the Building Aid Ratio will
be applied only to the adjusted maximum cost allowances.
NOTE: Total expenditures for capital construction are limited to the
amount properly authorized by either a vote of the people in a public school
district (or declaration of an ordinary contingent expense by the Board of
Education, when appropriate) or by the Boards of Education in the Big Five City
School Districts.
BAU for Elementary Schools
The BAU for a new or an existing elementary school shall be determined by
assigning 27 BAU to each 770 square foot classroom used for grades 1-6, and to
each 900 square foot kindergarten or pre-kindergarten room. Where formal board
policy or union contract limit the number of students in a classroom to less
than 27 for Pre-K through 6th grade, we will use the lesser number
when determining operating capacity to justify additional classrooms.
a. There is no provision in law for Building Aid on rooms housing any program
below pre-kindergarten.
b. Pre-kindergarten rooms are those used for pre-kindergarten children as
defined in Commissioner's Regulations, Section 151.2 (g).
Pre-kindergarten children generally mean children who will be four years of age
on or before December 1st of the current school year, or who will otherwise be
first eligible to enter into kindergarten in a public school commencing with the
following school year.
The BAU for a new or existing open-planned classroom space elementary school
shall be determined by dividing the open planned classroom space by 35 sq. ft.
and then rounding off to the next lower multiple of 27 pupils.
In an existing elementary building, the BAU of a room over 550 square feet, but
less than 770 square feet shall be determined by dividing the area of the room
by 28.5 square feet/pupil and assigning the whole number. Existing rooms of less
than 550 square feet are not included in BAU calculations.
Only classrooms and kindergarten/pre-kindergarten rooms are counted for BAU in
an elementary school. It is assumed that the basic cost index generally will be
sufficient to provide for both classrooms and ancillary spaces. A library,
cafeteria, gymnasium, auditorium and teachers’ conference rooms will only
increase the BAU for the project if these spaces are located in a new building
or an addition to an existing school and only on an as needed basis.
BAU for New Elementary School/Addition
a. Method for Computing BAU
BAU for Special Education
The BAU for special education classrooms shall be determined by assigning the
BAU based on the disabilities of the students. Only classrooms are counted for
BAU, not resource rooms or other ancillary spaces. It is assumed that the basic
cost index will usually be sufficient to provide both the classrooms and
resource rooms and/or any other ancillary spaces that may be needed to provide
appropriate spaces for the special education students.
Student/Teacher Ratio |
BAU Maximums |
12:1 or 15:1 | 12 or 15 |
12:1:1 | 12 |
6:1:1 | 6 |
8:1:1 | 8 |
12:1 plus 3:1 | 12 |
BAU for Secondary School
General
a. A secondary school is a new or existing
building housing any or all grades above sixth grade.
b. When a school houses both elementary and secondary pupils, the BAU is
separately determined for the elementary versus the secondary spaces.
c. The BAU is based on seven instructional periods/day.
d. BAU of a secondary school is determined by either the Teaching Station Method
or Pupil Station Method, dependent on the size of the school. The following are
considered teaching stations:
1. Agricultural shop, including an agricultural classroom.
2. Art room (each).
3. Business education rooms (each).
4. Home and Careers (homemaking) (each, if 1000 sq. ft. or more).
5. Technology (industrial arts) shop (each).
6. Mechanical drawing room (each).
7. Music room (each, if 770 sq. ft. or more).
8. Physical education/gymnasium (each, if standard size).
9. Recitation classroom/interchangeable classroom (each).
10. Science - general, earth or advanced (i.e., biology, physics, chemistry).
11. Study hall (each, if 770 sq. ft., or more, and cafeteria/study hall, if so
labeled and used).
Teaching Station Method
The teaching station method will be applied to
any:
c. Senior High School having 22 or fewer
teaching stations:
Ascertain the total number of teaching stations used only for
English, social studies, mathematics, languages, and health education.
Substitute this total for "X" in the formula: 8 (7X - 12). The result is
the BAU.
Pupil Station Method
The Pupil Station Method will be applied to any:
a. Junior High School having 30 or more teaching stations.
b. Junior/Senior High School having 26 or more teaching stations.
c. Senior High School having 23 or more teaching stations.
To determine the total number of pupil stations (PS) in a building:
1. Divide the net area (square feet) of each of the rooms listed under
"Pupil Stations" below by the listed square feet/pupil allowance to determine
the PS in each room.
2. Record each result, not exceeding the listed maximums.
3. Total the above.
4. Subtract 200 from the total and divide the remainder by 1.16. The resulting
number of PS is the BAU of the building for aid purposes.
Operating capacity by this method is computed
using the same method as outlined above, but modified by any differences due to
the district's educational program and/or maximum class sizes which are clearly
outlined in formal board policy and/or in teacher contracts.
Pupil Stations –
Room |
Sq. Ft/ Pupil |
Maximum number of Pupil Stations (PS) |
1. agricultural shop and classroom |
75 |
20 |
2. art |
45 |
25 |
3. business or computer rooms
|
50 35 35 |
20 24 24 |
4. home and careers |
50 |
24 |
5. technology (industrial arts) |
75 |
24 |
6. mechanical drawing |
35 |
25 |
7. library - reading room only |
25 |
Not to exceed 15% of PS in number10 |
8. music
|
25 25 20 |
30 (area of room ¸ 25) x .4 (area of room ¸ 20) x .4 |
9. physical education
|
Per station Per station |
30 30 |
10. recitation classroom
b. open planned classroom |
26 30 |
30 -- |
b. advanced - biology, chemistry, physics |
30 50 |
30 24 |
a. cafeteria/study hall (if so labeled and used) |
16.5 16.5 |
Not to exceed
40% of PS in number10 (area of room ¸ 16.5) x .7 Not to exceed 40% of PS in number10 |
Grades Housed |
Square Foot/Pupil |
K-6 |
85 |
K-9 |
100 |
7-9 |
100 |
K-12 |
100 |
7-12 |
125 |
10-12 |
125 |
·
Reconstruction -- Reconstruction includes replacement and/or remodeling in an existing school building. The term reconstruction is synonymous with the term capital improvement and means to rebuild, to renovate, to remodel, (i.e., to construct again). Essentially, reconstruction embodies all of the terms defined below and includes all types of capital construction work other than new buildings or additions.ELIGIBLE RECONSTRUCTION PROJECTS
· Building Features Affected -- A reconstruction
project must embody permanent improvements and replacements that increase the
value or prolong the life of a building. Essentially, such improvements relate
to various components of a building's structural envelope and various elements
of the mechanical systems, rather than cosmetic features, or certain furnishings
or equipment attached to (i.e., built into) the building.
The structural envelope of a building includes such things as roof, walls,
windows, doors, insulation (including asbestos control) and fire/safety work,
etc. Mechanical elements include plumbing (such as water distribution, sanitary
drainage, fixtures); heating (such as boiler/burner, temperature control,
ventilation); and electric (such as service, power/light distribution, lighting
fixtures, communications).
· Scope of an Eligible Project -- To be eligible for Building Aid,
reconstruction work must be done in the total building or a substantial portion
of a circumscribed portion of the building. Substantial portion may include such
divisions as the original building, a dated addition, a wing of the building,
one total floor of a multi-story building or wing, or a program area (such as
the auditorium/gymnasium complex) and, of course, the whole building.
In addition, reconstruction work must include the whole of a particular building
component or element of a system, or a substantial portion thereof. For example,
replacement of a whole roof would be eligible for aid. Likewise, replacement of
a part of the roof which is bounded by parapets and/or roof edges would also be
eligible for aid. Conversely, replacement of only a portion of the roof area
that is bounded within the parapets and/or roof edges would not be eligible.
Replacement of one light fixture in each of three or four classrooms would
not be eligible for aid; nor would replacement of all the fixtures in only one
classroom. However, replacement of all light fixtures in all of the classrooms,
or a substantial portion of the classrooms on a particular floor or wing, would
be eligible for aid.
The same concept is applicable to item 3 like ceiling tiles. Replacement of
a few tiles in each of three or four classrooms would not be eligible for aid;
nor would the replacement of the whole ceiling in only one classroom. However,
replacement of the ceiling in the whole building, or in a substantial portion of
a floor or wing, would be eligible for aid.
The principle represented above applies equally to the remodeling or replacement
of all building components and system elements. Any questions concerning what
makes up a "substantial portion" should be discussed with the Project Manager.
· Deteriorated Building Elements -- Over the
course of time, certain items and elements of a school building which are
attached to or built into the building reach a point where it can be documented
that they no longer can be reasonably or properly maintained. They are
represented by the following list:
- auditorium seating installations
- auditorium seating ( recovering)
- auditorium proscenium curtains
- bleacher installations (interior)
- cabinetry installations
- chalk/tackboard installations
- locker installations (gym type/corridor type)
- sun/light control (curtains, drapes, blinds)
- wall finishes (other than painter's finishes)
These listed kinds of work items are eligible for Building Aid if they meet the
following criteria:
Aid for Eligible Leased Space
CHANGE ORDERS
Change orders reflect costs incurred as a result
of changes to a project after the project has been approved by the Commissioner,
publicly bid and awarded. Change orders can arise from many circumstances
including unforeseen conditions during construction, design errors or omissions,
or the owner requesting changes to the project after approval.
A change order is used to officially make changes in a signed contract for
capital construction to add or delete certain portions of the work, or otherwise
change a condition or the amount of the contract. A change order may be awarded
to a contractor without competitive bidding, however, no important change may be
made which so varies the original plan or is of such importance as to constitute
a new undertaking (Opinion of State Comptroller number60-505). This means that a
change order may NOT expand the scope of work, or represent a basic departure
from work already included in the contract.
Based on the above statement, change orders should be
limited to those items necessary to implement the project originally
contemplated by the district, and approved by the voters and by the
Commissioner. For example, in a project to replace the windows and window
treatments, ceilings and heating systems in a classroom wing, it may be
appropriate or necessary to replace the lighting fixtures as a change order, but
it would not be appropriate to install a new building wide fire alarm system or
install new carpet in the library under a change order. Neither of those two
changes bear any relationship to the originally proposed construction project
and if necessary, that work should be undertaken as separate construction
projects properly authorized, approved, bid, and awarded.
The most common improper change order presented to the
Office of Facilities Planning is one expending unencumbered funds. Most often
this occurs near the end of a project and the proposed change order introduces
types of work that were not included in the original plans and specifications.
Change orders for such work will not be approved for building aid. Had a
shopping list of desirable items been included in the original plans and
specifications as add alternates, change orders to effect such alternates would
be approved.
Following are some specifics about change orders:
The Commissioner must approve all change orders, even when they are applied to
allowances and contingency funds.
Each signed change order must be submitted to
Facilities Planning with a fully executed Change Order Certification form.
The President of the Board of Education, the architect/engineer, and the
contractor shall sign each change order.
The SED Project Control Number and the name of the SED Project Manager must
appear on each change order.
There must be sufficient detail and technical data to denote:
What work proposed for addition or deletion is being done; provide a
detailed explanation of what is being done, including drawings that are supplied
to the contractor.
Why it is being done; provide a detailed explanation of why the work is
required.
The cost of the change order; and
The revised contract total.
All approved change orders are part of the official plans and specifications for
the project and must be carefully filed with the approved documents. If there
are any questions concerning change orders, particularly whether the intended
work is appropriate for a change order, contact either the Project Manager or
the Architect/Engineer in our office that reviewed and approved the initial
project.
Facilities Planning will approve all change orders
that are compliant with the code, however, those that lack sufficient detail to
be properly evaluated will be returned. Change orders that clearly depart from
the original scope of the project, as well as those that exceed competitive
bidding thresholds, may be approved for code compliance but disapproved for
building aid. In certain circumstances or emergency situations a district may be
able to justify the expense of a large change order. Contact your project
manager as early as possible to begin this conversation to avoid having change
orders disapproved for building aid.
The District must be able to justify that issuing a change order to an existing
contract instead of initiating a new public bid for the proposed work is in the
best interest of the district. It is the district’s responsibility to understand
these requirements and abide by them in order to maximize the building aid
associated with a project and perform capital upgrades in compliance with the
Education law, General Municipal Law, and the Opinion’s of the State
Comptroller.
A. ELIGIBLE ITEMS FOR BUILDING AID
I. Construction/Reconstruction
GENERAL CONSTRUCTION
Hazardous Materials
Removal/Containment/Mitigation of:
Mold and Mildew
Asbestos
Lead
Concrete
Cast-in-place Concrete
Cementitious Decks (gypsum, insulating concrete, wood fiber)
Precast Concrete
Masonry
Masonry Restoration (including repointing)
Unit Masonry (brick, block, structural tile)
Metals
Metal Decking (floor deck, roof deck)
Metal Joists
Structural Metal Framing (structural steel, framing systems)
Metal Fabrications (stairs, ladders, railings, gratings - must be a
building element, NOT part of site development)
Wood and Plastics
Architectural Woodwork (built in wood cabinets and casework only)
Finish Carpentry (millwork, laminates, paneling)
Thermal and Moisture Protection
Built-up Bituminous Roofing
Elastomeric/Plastomeric
Sheet Roofing
Shingles & Roofing Tiles
Fireproofing (boards, sprayed)
Insulation (Building/Roof) (batts, blankets, boards, foamed-in-place, sprayed)
Preformed Roofing & Siding
Roof Specialties & Accessories (vents, curbs, hatches)
Sealants & Caulking
Skylights
Waterproofing/Dampproofing (membranes, fluid applied) (NEW construction only!)
Doors and Windows
Finish Hardware
Glazed Curtain Walls
Glazing (glass, tempered, wired, plastics)
Metal Doors and Frames
Metal Windows
Special Doors (sliding, folding, accordion, overhead, grilles)
Wood and Plastic Doors
Wood and Plastic Windows
Finishes
Acoustic Treatment (ceilings, walls, space units,insulation)
Carpeting
Gypsum Board
Lath and Plaster
Painting / Fire Resistant Paints (must be original furnishing directly related
to a capital construction project)
Resilient Flooring
Terrazzo
Tile (ceramic, quarry, mosaic)
Wall Coverings (vinyl coated, fabric, wallpaper) (must be original frnishing
directly related to a capital construction project)
Wood Flooring
Specialties
Compartments (Toilet) & Cubicles
Demountable Partitions
Lockers (built-in)
Operable Partitions (folding, accordion, sliding)
Toilet Accessories
Special Construction
Conveying Systems
Elevators / Wheelchair Lifts
Material Handling Systems
Pre-engineered Structures (modulars, portables, greenhouse attachments)
Solar Energy System apparatus (pumps, wiring, controls)
Swimming Pools
HEATING AND VENTILATING
Air Handling (air handling units, fans, ventilators)
Boilers (burners, accessories)
Building Systems Control (energy management computer system)
Control Systems (electric, electronic, pneumatic)
Fuel Fired Heaters (rooftop units)
Fuel Handling Systems (fuel oils system, tanks, etc.)
Furnaces
Heating Terminal Units (unitventilators, convectors, radiation)
Packaged Air Conditioners/ Heat Pumps
Refrigeration
PLUMBING
Drainage & Vent System
Fire Protection Systems (sprinklers, standpipes, foam & chemical extinguishing
systems)
Gasoline (Diesel) Dispensing System
Plumbing piping
Plumbing Fixtures
Roof Drainage system
Water Supply (Domestic) System
ELECTRICAL
Alarm & Detection Systems (fire, smoke detection, intrusion)
Communication System (clock & program, intercommunication, public address,
telephone)
Emergency Lighting
Lighting (fixture replacement only: not lamp and ballast retrofit)
Service & Distribution
Standby Power Generation System
Television System (CCTV system: not standalone TVs!)
Theatrical Lighting
Transformers
II. INCIDENTAL TO CONSTRUCTION
COMPUTERS, SOFTWARE AND COMPUTER AID POLICY
Summary:
Computer software: software to run network is aidable. Educational software
is not aidable under building aid.
Computers: aidable if part of a bona fide NEW secondary computer classroom or
new building.
Policy:
Computer hardware purchase and installation, including conduits, wiring and
powering and testing of hardware installations, are currently eligible for
Building Aid if the cost is less than $10,000 but the installation is part of a
larger construction project whose cost does exceed $10,000. Such installations
for which the cost is greater than $10,000 are also eligible if the specific
installation is approved by the Commissioner.
Bill Section 500 of Chapter 170 of the Laws of 1994
applies the above policy guidelines to capital expenditures of less than $10,000
for acquisition of the described technology. Therefore, such expenditures may
now be claimed for Building Aid even when total expenditures are less than
$10,000.
Computer elements eligible for aid are:
- Incidental costs for computer equipment installed as original equipment in a
new building or a new addition.
- Approved computer classrooms in new buildings/additions, or alterations to an
existing classroom to create a new computer classroom.
- Incidental costs for original purchase and installation of hardware (including
computer hardware)
- Conduit, wiring, and powering and testing of hardware installations.
- Building wide and campus wide local area network (LAN) systems wiring and in-
building elements of other wide area networks (WAN):
- Original purchase and installation of conduit, wiring, and powering and
testing of hardware installations network server and operating system software.
The following elements are ineligible for Building Aid:
- Individual computer workstation hardware not located in a computer classroom
unless claimed as incidental costs as part of the original furnishings and
equipment for a new building or addition.
- All cost for software purchase, including application software costs, and
costs for installation of software (other than installation of basic operating
systems software required for hardware testing).
- All cost associated with lease or purchase of wide area network hardware
(leased lines, fiber optic cable, etc.) not located on district property.
- Up-grade of existing LAN or WAN equipment beyond that necessary to interface
with new computer classroom installations.
SUPERVISION OF CONSTRUCTION
Clerk of the Works
Watchman
Construction Manager
SERVICES (Costs related to capital construction only)
Administrative Costs
Appraisals
Architect’s Fees
Bank/Agent/Realtor’s Fees
Printing Costs
Sewer/Water Fees
Survey and Engineering Fees
Temporary Services/Heat
INSURANCE
Bond Insurance
Construction Insurance
LEGAL SERVICES (Only as related to capital construction project)
Bond Council
Litigation
Rights of Way
School Attorney
INSTRUCTIONAL MATERIALS
Library/Media Center Collection
Reference Collection
Note: above items are aidable in NEW space only. New books in a new library
built to replace an existing library are not aidable.
SITE WORK, UTILITY & SERVICE SYSTEMS (Must be related to $10,000 of
interior capital construction in instructional building/bus garage ONLY)
Ancillary Buildings: Press Boxes are aidable at a NEW building only and is
treated as ancillary space under incidental expenses (but will likely push those
expenses above the maximum cost allowance)
Athletic Fields: Astroturf
Demolition (ONLY in conjunction with a construction project)
Excavating, Backfilling & Compacting
Grading - Rough/Finish
Landscaping (lawn, turf areas, trees, shrubs)
Paving (roadways, parking areas, walks, tracks, tennis courts): ONLY new site OR
complete rehab down to base. Top coating is NOT aidable. Project must include
new base, binder and top.
Public Water Service
Sanitary Sewer System – Municipal (only that portion on school property)
Septic System (On Site)
Site Acquisition
Site Improvements (irrigation, fences, guard rails, playgrounds, playfields, and
equipment)
Site Lighting
Site Preparation (clearing, stripping)
Storm Drainage
Subsurface Exploration (borings)
Utility & Service Systems
Utility Electric Service
Utility Gas Service
Water Wells
B. ITEMS NOT ELIGIBLE FOR BUILDING AID
Administrative Buildings
Artwork (paintings, wall hangings,murals)
Audit fees (for Energy Performance Contracts)
Automobiles: Aligning, Balancing
Band uniforms
Boiler tubes are aidable ONLY if a major portion of the boiler is reconstructed
and re-tubed.
Buses, Trucks
Cleaning Supplies
Coffee Service
Computers or Calculators for Clerk of the Works
Educational Software
Equipment: lawnmowers, tractors, snowblowers, vacuum cleaners, floor scrubbers,
etc. (even with new construction, these items are never aidable).
Magazines
Music books
Musical instruments (under ANY circumstance)
Operations and Maintenance
Paper
Pinnies
Science Supplies
Refinishing, Resurfacing and Topcoating
Repairing
Storage Buildings
Supplies and Materials
Swim suits
Temporary Storm windows
Testing
Textbooks
Towels
Two-way radios and cellphones used during construction
Vans
Workbooks