The Dunklin R-5 School District seeks to provide and maintain safe facilities capable of supporting
the educational mission of the district, while at the same time utilizing public funds prudently.
Definitions
For the purposes of this policy, the following definitions apply:
Construction – Building a new facility or improving, enlarging, altering, painting, decorating,
excavating, demolishing or performing major repairs on an existing facility.
Facility – A building, structure, stadium, field or parking lot, or part thereof, such as a roof or
heating or air conditioning system.
Major Repair – Replacement or repair of existing facilities when the size, type or extent of the
facility is changed or increased.
Project Planning
Construction projects will be planned to cause the least disruption to the district's educational
program and to ensure the safest possible environment for students, staff and the public. District
staff will rely on the district's long-term facilities plan when making decisions regarding construction
and major repair of district facilities. The district is committed to providing accessible facilities.
All projects will comply with laws regarding accommodations for individuals with disabilities, and
the district will consider recommended accommodations as well.
Before bidding a project, the district will determine whether engineering, architectural or land
surveying services are required and will select those services in accordance with law and Board
policy. The superintendent or designee is authorized to contact legal counsel for assistance in
drafting or reviewing proposed contract language.
The district may enter into a union-only project labor agreement if the district 1) is utilizing no more
than 50 percent of state funds on the construction project, 2) conducts an impact analysis,
3) publishes the results of that analysis and the reasons for requiring such an agreement, and 4) holds
a public hearing, as required by law. The district will publish its determination on whether to require
a union-only project labor agreement within 30 days of the public hearing.
Purchasing Materials
All materials purchased either directly by the district or indirectly by the contractor or subcontractors
must comply with legal requirements, including the purchasing preferences required by law.
Bidding
All construction projects that may exceed an expenditure of $15,000 shall be advertised in a
newspaper of general circulation, in accordance with law, and may also be advertised in business,
trade or minority newspapers or other modes of communication such as the district's website or other
websites. Projects will not be split or artificially divided for the purpose of avoiding these
competitive bidding requirements.
Prior to advertising for bids, the superintendent or designee and the architect or construction
manager, if applicable, will draft detailed bid specifications for the construction project. Bid
specifications will include all legal mandates including, but not limited to, requiring:
1. Compliance with prevailing wage requirements.
2. Laborers to receive mandatory safety training.
3. Laborers to be Missouri residents or residents of approved states when excessive
unemployment restrictions apply.
4. Contractors bidding on a contract for services in excess of $5,000 to provide a sworn
affidavit and supporting documentation that affirms the contractor's participation in a federal
work authorization program, such as E-Verify, and that the bidder will not employ illegal
workers for the project. A contractor is only required to provide this affidavit to the district
annually.
5. A performance bond if the project is estimated to exceed $25,000.
The Board of Education may also require a bidder's bond in an amount determined by the estimated
cost of the project.
In accordance with the Sunshine Law and Board policy, the Board will discuss bid specifications in
closed session, and the content of bid specifications will remain confidential until they are officially
approved by the Board or published for bidding. Likewise, sealed bids and related documents will
be closed until the bids are opened.
Sealed bids may be opened at a public meeting of the Board of Education or by administrative
personnel. In either case, all bids shall be publicly opened, and the date, time and place of the bid
opening shall be included in the bid notice. Notice of the bid opening will also be posted for the
public.
The district will not entertain bids that are not made in accordance with the specifications furnished
by the district. The district reserves the right to waive minor technical defects in a bid, reject any or
all bids, reject any part of a bid and to advertise for new bids. If the scope of the project changes
substantially, the district will rebid the project.
The Board will determine which responsible bidder has the lowest bid and direct the superintendent
or designee to negotiate a satisfactory contract prior to final approval of the bid.
Contracting
The superintendent or designee is authorized to consult legal counsel regarding contract language.
Any contract the district enters into must include all legally required provisions. The contract must
be approved by an affirmative vote of a majority of the whole Board to be binding.
Payment
When applicable, the architect or construction manager shall approve all payment requests from
contractors prior to submission to the Board of Education for payment. The superintendent or
designee will examine all work performed on projects where no architects or construction managers
are used.
Pursuant to prevailing wage laws, an Affidavit of Compliance must be filed with the district before
payment will be approved. The district will withhold and retain any amounts due as a result of any
violation of the prevailing wage law prior to making final payment with any contractor.
The district will make prompt payment on any invoices received, after thorough inspection of the
work provided and verification that all legal requirements have been met. However, in accordance
with law, the district may retain a portion of the payment until after the entire project has been
completed. The Board must approve the payment of all bills by an affirmative vote of a majority of
the whole Board.
Construction Projects Conducted on Behalf of the District
The district appreciates business and community support of its educational mission and welcomes
both financial and physical contributions to the district. It is important for taxpayers and patrons to
understand that various laws apply to projects conducted on behalf of the district, even if not directly
funded by the district. Further, because the district facilities are used by a large number of people,
it is essential that all construction projects adhere to the highest level of quality and safety. The
district and the donor must ensure compliance with all applicable laws before a construction project
is conducted on school grounds, regardless of the source of the labor or method of payment.
* * * * * * *
Note: The reader is encouraged to check the index located at the beginning of this section
for other pertinent policies and to review administrative procedures and/or forms for
related information.
|
Adopted: 09/15/1997
Revised: 11/18/2002; 07/19/2004; 05/18/2009; 04/19/2010
Cross Refs: BBFA, Board Member Conflict of Interest and Financial Disclosure
DJF, Purchasing
DK, Payment Procedures
Legal Refs: §§ 34.057, .059, .216, 107.170, 162.301, 177.086, 285.530, 290.210 - .340, .550 -
.580, 292.675, 432.070 - .080, 493.010 - .140, 610.021, RSMo.
8 C.S.R. 30-3.010 - .060
Dunklin R-5 School District, Herculaneum, Missouri
Top of Page
|
