W. Va. Code R. § 164-3-3 - Allowable Construction Costs for New Construction

3.1. SBA funded allocations for the construction of each facility will be limited through use of the maximum gross area allowance times (X) the most current SBA approved square foot cost for elementary, junior/middle and senior high schools.

3.2. Construction cost per square foot may be adjusted by the SBA to reflect regional cost factors. Statewide construction costs will be reviewed annually and may be adjusted for inflation based on actual and projected costs of projects constructed. This information will be reviewed, and the construction cost allowances published by July each year.

3.3. The construction costs allowance shall include site work, building construction cost, building furnishings and equipment, architectural and engineering fees, construction manager or clerk-of-the-works, survey work, geotechnical studies, radon testing, utility connections from the building to the property line and advertisements.

3.4. In compliance with W. Va. Code § 18-9D-19(c), auxiliary gyms are to be included as allowable construction costs in high schools that meet the minimum SBA efficiency enrollments of 800 students in grades 9-12.

3.4.A Auxiliary gym spaces shall be a maximum total of 6,000 square feet and 144,000 cubic feet.

3.4.B. Spectator seating within the allowable 6,000 square feet may be up to 1,000 square feet.

3.4.C. Approved costs for auxiliary gyms do not include spaces for additional locker, restroom, dressing room or office spaces.

3.4.D. SBA funds for auxiliary gyms may not be used in conjunction with local funds to increase the size and/or spectator capacity of an auxiliary gym to create a second spectator gym.

3.5. In compliance with W. Va. Code § 18-9D-19(b), comprehensive vocational facilities may be constructed in new high schools or existing high schools that meet the minimum SBA efficiency enrollments. The following criteria will be considered to determine the feasibility of construction of these spaces:

3.5.A. The distance of existing vocational facilities from the new or existing high school location.

3.5.B. The current demand of secondary students for vocational programs and/or the condition of the existing facilities must justify the need for additional/replacement spaces or the renovation of existing spaces.

3.5.C. The construction of a vocational component at a new comprehensive high school or at an existing high school must not create an adverse effect on other county vocational students or vocational students from other counties. The SBA does not deem the construction of any additional vocational spaces feasible:

3.5.C.1. If it could result in the reduction of available vocational programs at the existing school.

3.5.C.2. If it results in the inefficient use of existing or new vocational space.

3.5.C.3. If it adversely reduces existing vocational center operational budgets.

3.5.C.4. If it could result in the closure of any existing county or multi-county vocational center currently serving the student population of two or more feeder schools.

3.6. SBA Grant Funds may not be used forth following

3.6.A Cost of issuance for local bonds or other indebtedness.

3.6.B. Site acquisition, unusual utility extensions, unusual site preparation cost, access highways construction of athletic facilities.

3.6.B.1. Grant recipients are required to coordinate site selection for construction of new schools with the SBA prior to negotiations with seller or provider.

3.6.B.2. If it is determined by the SBA that extensive utility costs, special footings or foundations or other site preparation costs will consume a disproportionate amount of the building construction cost, an alternate site must be used. However, the Authority may consider approval of the proposed site if the grant recipient elects to provide additional local funding to pay the cost of developing the proposed site. At the conclusion of the site selection process, the SBA will provide a site acceptance letter to the local board that will allow the site acquisition process to begin.

3.6.C. Construction or renovation of athletic facilities, computer equipment, instructional supplies and equipment.

3.6.D. Reimbursement of salaries for county employees. (County employees should not be utilized to work on SBA funded construction projects).

3.6.E. Legal fees associated with any court proceeding or property acquisition cost.

3.6.F. Costs associated with defense or award of an arbitration action.

3.7. Contingency allowance for each new construction project shall be established as two percent (2%) of the construction budget.

Notes

W. Va. Code R. § 164-3-3