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Cobb County School District Administrative Rules |
| Construction of/Improvements to Facilities on District Property by Community Organizations or Individuals | FJA | 9/22/05 |
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RATIONALE/OBJECTIVE:
The Cobb County School District (District) requires that all improvements to District property comply with state, local, and District standards. The District has therefore established procedures for community organizations and/or individuals who desire to make such improvements.
RULE:
A. GENERAL REQUIREMENTS: 1. Any improvements to existing Cobb County School District (District) property, whether new construction, modification, alteration or renovation, either interior or exterior in nature, proposed by an individual or organization other than the District shall not be commenced until plans, specifications and projected costs have been reviewed and approved by the Principal and the Director of Construction. 2. District property includes, but is not limited to, land, administrative facilities, academic facilities, athletic facilities, grounds, and unimproved portions of school or administrative sites. 3. Documentation showing funds available for the project, proposed financing, and plans for paying off any debt incurred for the project shall be submitted as part of each application for project approval. 4. Projects estimated to cost more than two-hundred thousand dollars ($200,000) shall be evaluated by the Director of Construction and recommended by the Superintendent to the Board of Education for approval and authorization in compliance with Board Policy 2.4 (FINANCIAL CONDITIONS AND ACTIVITIES).
B. PROCEDURES: Any organization or individual wishing to perform work or make improvements on school district-owned property shall comply with the following procedures: 1. Projects Under $10,000 and Not Requiring Building or other Permits: a. Development of Project Scope: (1) The Principal or designee is to participate in preliminary discussions with the Director of Construction to determine project feasibility and requirements. (2) If the project is determined to be feasible, proceed with project design. b. Submission of Documentation for Approval of Proposed Work: (1) Submit to the Director of Construction: (a) Request for Project Approval (Form FJA-1), to include the estimated cost and proposed financial plan. (b) Proposed drawing and specifications (if applicable). (c) Appropriate waiver form (Forms FJA-2 [Contractor/Individual] , FJA-3 [Parent/Guardian/Child], or FJA-4 [Club/Organization], as appropriate) (d) Verification of project funding being set aside for total project cost. (e) A copy of building/trade permit, if applicable. (2) The Director of Construction will review the submissions and will approve or reject the project. Action will be communicated to the applicant from the Director of Construction and the project may commence. c. Verification of Work: The Director of Construction or designee will make periodic site visits to review the progress of the work and ensure that the work is being performed in accordance with the approved plans and specifications. d. Project Completion: When the project is complete, notify the Direction of Construction for final inspection. 2. Projects Costing up to $200,000 and Requiring Building or Other Permits: Projects costing less than $10,000 that require a building or other permits and those costing $10,000 up to $200,000 must be evaluated by the Director of Construction and approved by Coordination Record and shall comply with the following procedures: a. Development of Project Scope: (1) The Principal or designee is to participate in preliminary discussions with the Director of Construction to determine project feasibility. (2) If the project is determined to be feasible by Director of Construction, proceed with project design and provide the following to the Director of Construction for review and approval: (a) Proposed drawing and specifications. (b) Project specifications (If applicable). (3) Upon approval of plans, submit final plans to Cobb County or City having jurisdiction and obtain building permit. b. Submission of Documentation for Final Project Approval: (1) Submit to the Director of Construction the following: (a) Request for Project Approval (Form FJA-1), to include estimated cost and proposed financial plan. (b) Appropriate waiver form (Form FJA-2 [Contractor/Individual], FJA-3 [Parent/Guardian/Child], or FJA-4 [Club/Organization], as appropriate). (c) Copy of building permits and other required permits for file. (d) Contractor's certificate of insurance for final approval. (e) Projects budgeted to cost $100,000 or more must have a performance and payment bond submitted as part of the final approval. (f) Financing Plan which must include a 10% contingency fund for unforeseen conditions. (2) When all documents required in Section (1) have been received and approved, the Coordination Record will be prepared and presented for approval. (3) Action will be communicated to applicant from the Director of Construction and the project may commence. c. Verification of Work: (1) The Director of Construction or designee will make periodic site visits to review the progress of the work and ensure that the work is being performed in accordance with the approved plans and specifications. (2) The appropriate inspections must be made by the authorities having jurisdiction, including the Fire Marshall, throughout the construction process in order to receive the Certificate of Occupancy when the project is completed. d. Project Completion: A copy of the Certificate of Occupancy, (C.O.), must be submitted to the Director of Construction before the project can be used for its intended purpose. 3. Projects Over $200,000: Projects costing more than $200,000 must be evaluated by the Director of Construction and recommended by the Superintendent for approval by the Board of Education and shall comply with the following procedures: a. Development of Project Scope: (1) The Principal or designee is to participate in preliminary discussions with Director of Construction to determine project feasibility. (2) If the project is determined to be feasible by Director of Construction, proceed with project design and provide the following to the Director of Construction for review: (a) Proposed drawing and specifications. (b) Specifications (If applicable). (3) Upon approval of plans, submit final plans to Cobb County or City having jurisdiction and obtain building permit. b. Submission of Documentation for Final Project Approval: (1) Submit to the Director of Construction: (a) Request for Project Approval (Form FJA-1), to include estimated cost and proposed financial plan. (b) Appropriate waiver form (Forms FJA-2 [Contractor/Individual], FJA-3 [Parent/Guardian/Child], or FJA-4 [Club/Organization], as appropriate). (c) Copy of all building permits and other required permits for file. (d) Contractor's certificate of insurance for final approval. (e) Projects must have a performance and payment bond submitted as part of the final approval. (f) Financing Plan which must include a 10% contingency fund for unforeseen conditions. (2) When the all documents required in Section (1) are received and approved, the project will be presented to the Board of Education for approval. (3) Board Action will be communicated to applicant from the Director of Construction and the project may commence. c. Verification of Work:
(1) The Director of Construction or designee the progress of the work and ensure that the work is being performed in accordance with the approved plans and specifications. (2) The appropriate inspections must be made by the authorities having jurisdiction, including the Fire Marshall, throughout the construction process in order to receive the Certificate of Occupancy when the project is completed. d. Project Completion: A copy of the Certificate of Occupancy, (C.O.), must be submitted to the Director of Construction before the project can be used for its intended purpose.
C. COMMUNICATIONS FACILITY GUIDELINES: 1. Telecommunications companies that are requesting easement and lease agreements with the District to construct and maintain telecommunications facilities on school sites shall be governed by the following rules and regulations: a. The Executive Director of Auxiliary Services shall be designated as the Project Coordinator. b. The Project Coordinator shall: (1) Record the details of requests on a Request Form containing the following information: (a) Name of telecommunications company. (b) School site. (c) Type of structure (free-standing tower, light tower, co-location, or coaxial cable booster facility). (d) Anticipated height and size of structure(s). (e) Names, address and telephone number of contact person at the telecommunications company (2) Be responsible for keeping files containing all correspondence relating to the request and approval of the proposed project. (3) Notify the Area Assistant Superintendent. (4) Contact the Principal where the site is requested and determine if there is interest in pursuing the request. The date of contact is to be documented. (a) If there is no interest, the Project Coordinator shall send a letter to the telecommunications company stating that the district is not interested in pursuing negotiations. That letter is to be placed in the Project Folder and the issue is considered closed. (b) If there is interest, the Project Coordinator shall schedule a meeting at the school to include the Principal, Project Coordinator, and representatives of the telecommunications company. (5) Notify the Board Member for the school once the initial school site meeting has occurred. c. Once the proposal has been approved by the principal and the appropriate Board Member has been notified, feasibility testing by the telecommunications company may begin. d. The Principal may be required to conduct a community survey to determine community support. If the community is not supportive, the request shall be placed on hold. If the community is supportive, the process of preparing and negotiating an easement or lease agreement may begin. e. The Project Coordinator shall be responsible for negotiating payment by the telecommunications company for the easement or lease provided by the District. The Project Coordinator has the duty to obtain fair market value for the easement or lease. Independent appraisals may be used to determine the fair market value. f. The Project Coordinator shall comply with all legal requirements specified. The telecommunications company shall be notified of these legal requirements by the Project Coordinator. g. The easement or lease agreement governing the transaction shall be approved by the Board of Education. h. Upon receipt of payment, the Project Coordinator shall deliver the payment for the easement or lease to the District's Chief Financial Officer, along with a copy of the fully executed easement or lease agreement.
D. LEGAL REQUIREMENTS: 1. Legal counsel for the District shall prepare all contracts, working with the telecommunications companies' legal counsel. 2. The telecommunications company shall be required to provide all site specifications, drawings, legal descriptions, and surveys prior to the drafting of the lease or easement agreement. These specifications must be approved by the Project Coordinator. 3. No agreements shall have an initial term of over five (5) years. 4. Payment for five years shall be paid in advance at the beginning of each term. 5. All agreements shall be terminable at the will of the District if the site should be needed for educational purposes, as determined in the District's sole discretion. 6. The telecommunications company shall be required to pay all legal fees and expenses associated with the transaction. 7. The District shall not agree to indemnify or hold harmless a telecommunications company for any reasons. 8. Any communications facility to be placed on District property shall be designed to structurally accommodate the maximum number of additional users technically practical. The telecommunications company shall have the duty to negotiate in good faith for co-location by third parties. 9. The maximum height of monopole towers placed on District property shall not exceed one hundred fifty (150) feet. 10. Upon expiration or termination of the lease or easement agreement, the telecommunications company shall remove the telecommunications facility (excluding light towers) from the property at its sole cost and expense and return the facility to its original condition, reasonable wear and tear excepted. 11. The telecommunications company shall pay the District additional consideration for each additional cell placed on a monopole tower.
E. REVENUES: 1. Revenues generated from lease and easement agreements shall be paid: a. 60% to the host school b. 40% to be placed in a general account for use by other schools. 2. Area Assistant Superintendents will determine appropriateness by request of local schools for the dispensation of the 40%. 3. Revenues may also be used to pay for appraisals to determine fair market value of the easements and lease agreements. 4. The primary use of the funds by the local schools should be for: a. Curricular/co-curricular and extra-curricular activities which have a direct impact on staff and students. b. Additional equipment and materials. c. Capital outlay projects which are similar to existing projects (example: assistance in retiring stadium debts). d. Funds would be restricted from the following: (1) Celebration activities. (2) Staff and student incentive programs. (3) Activities of a social nature.
F. MONITORING: 1. The Project Coordinator shall provide monthly reports to the Chief Operations Officer containing the following: a. New requests. b. Pending proposals. c. Approved agreements. d. Payments received. e. Status of zoning approvals. 2. The Project Coordinator shall provide legal counsel with fully executed copies of the agreements upon receipt.
Reclassified an Administrative Rule: 9/1/04 Revised: 9/22/05 |