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Limiting Education Disruption During
a Construction Project
- James H. Landgraf,
Esquire
When a School
District
contemplates
construction through
renovations or
additions to
existing structures,
one of the most
significant
considerations must
be how the
construction project
will progress
without stopping the
educational
processes. Cost,
timing and safety
issues all take on a
significant roll in
such construction
projects. This paper
reviews some of the
issues that must be
considered and some
of the contract
considerations to be
included to minimize
classroom disruption
during the course of
a project.
PRE-REFERENDUM STAGE
During the
pre-referendum
stage, the
District's efforts
are concentrated on
determining their
needs, determining
the cost of meeting
those needs and,
ultimately, trying
to decide how to
best "sell" the
project to the
taxpayers. Issues
involving how to
construct the
project without
unduly disrupting
the educational
processes cut across
each of these
determinations.
While an existing
facility is being
renovated and/or an
addition is being
attached, the
District will be
under severe space
and utilization
constraints.
Assuming that it
needs to close
portions of the
building, how can it
thus accommodate the
students who had
previously populated
those sections? Can
the work be
performed during the
summer or during off
hours? If the work
must proceed during
the academic year,
how can it be phased
to still maximize
the educational
processes?
All of these
questions will
require answers when
the District's needs
are being analyzed.
It is imperative
that the District
review these issues
with its design
professionals and
construction
manager, if a
construction manager
has been retained at
the pre-referendum
stages. Efforts need
to be made during
these preliminary
stages to plan the
project in such a
fashion that the
educational
processes can
continue to the
fullest extent
possible.
When factoring the
costs that will be
proposed through the
referendum, it is
again imperative
that the District
have a plan to
minimize educational
disruption.
Unfortunately, it is
a general fact of
construction that
the costs will be
higher when work is
being performed in
an existing and
functioning
building. The time
for completion of
construction can
also be extended
when contractors
must work around
ongoing educational
programs. These both
result from the fact
that work hours can
be affected, traffic
patterns can be
affected, staging
areas become more
limited, temporary
barriers and
structures will
require erection,
work areas will be
more limited and
other factors each
of which tend to
extend cost and time
for completion of
the project. The
design professionals
and construction
manager responsible
for assisting the
District in
establishing the
referendum budget
must take these
considerations into
account in
developing their
cost estimates.
Failure to take them
into account can
result in tremendous
cost overruns and
the inability of a
District to complete
a project within an
approved referendum
cap. This leads not
only to the obvious
financial and legal
issues that surround
a project that
exceeds the approved
referendum sum, but
tremendous political
problems.
The District and its
professionals also
need to carefully
plan how the project
will proceed while
school is in session
in preparing their
marketing of the
referendum. If the
District and its
professionals fail
to consider one or
more aspects of the
disruptive effect of
a construction
project, it is
guaranteed that some
parent or taxpayer
will raise the
question during the
course of the
referendum process.
If all avenues have
not been carefully
explored and
analyzed, this can
lead to
embarrassment, a
loss of confidence
and, ultimately, to
a rejection of the
referendum.
DESIGNING TO
MINIMIZE DISRUPTION
Once the District
has moved into a
design phase of a
renovation or
addition project in
an operational
facility, the design
must take into
account how that
project will be
constructed to
minimize educational
disruption.
When developing the
design of the
project, the
following
considerations need,
at a minimum, to be
taken into account:
Are temporary
structures needed
and if so at what
cost, where located,
and how do these
factor into the
phase schedule of
the project?
To what extent can
work be performed
during off school
time?
To what extent can
this work be
performed
economically during
off hours?
To what extent can
the work be
performed during
summer sessions and
if so what work must
be in place prior to
the summer session
work?
Development of
construction phases
and appropriate
milestones for those
phases.
Designing or
temporary traffic
patterns and staging
areas.
Fire code issues
involving temporary
ingress and egress.
Factoring temporary
barriers, temporary
utilities and
services and to what
extent can the
permanent utilities
be utilized.
Asbestos and other
hazardous
substances.
Liquidated damages
based upon
milestones.
Separating contracts
and/or projects.
Interim cost
estimates.
CONTRACT PROVISIONS
AND CONSTRUCTION
PHASE CONSIDERATIONS
In developing the
construction
contract and in
overseeing the
construction phase
work, a number of
considerations will
be required to
assure that the
planned minimization
of construction
disruption is met.
The following are
some of the
categories of
provisions that can
be explored and
incorporated into
the contract and
which must then be
diligently
administered by the
District, the design
professionals and
the construction
manager or Clerk of
the Works:
Assuming that the
work is encompassed
within a single
"project" interim
milestones need to
be developed and
identified within
the contract. These
milestones will each
require specific
durations and
phasing so that one
section of the work
can be completed and
made available for
occupancy while
another section is
then commenced. A
preliminary
construction
schedule that
identifies the
milestones and all
work required to
meet each milestone
should be included
within the
construction
contract.
Consideration should
be given to each
phase for liquidated
damages that may be
determined
appropriate in the
event that a
milestone is not
met.
Specific
consideration needs
to be given to
developing what
would constitute
"substantial
completion" per
milestones both with
respect to payment
application
considerations as
well as liquidated
damages.
To the extent that
work is going to be
occurring while
children are in the
building,
specifications would
be required to
address the erection
of temporary
barriers,
trafficking patterns
and other
protections for the
children and staff
from work
activities, noise,
construction debris,
construction traffic
and the like.
If multiple prime
contractors are
involved, the
provisions regarding
which contractor is
responsible for
which temporary
service or facility
must be carefully
detailed and
ambiguities must be
avoided.
Schedules of values
that would be
submitted by the
contractor for
payment applications
need to be developed
based upon phasing,
if applicable.
If there are going
to be limits on the
hours when work is
to occur, such must
be clearly defined.
To the extent that
limitations are
planned with respect
to traffic, staging
areas and other work
activities, these
need to be
specifically
identified within
the contract.
Certain safety and
policy
considerations must
be specifically
identified within
the contract. These
may include such
items as
anti-smoking
policies, use by
workers of bathroom
and other school
facilities during
the work, avoidance
of interaction
between workers and
staff or students,
dress codes,
language issues,
traffic, safety
barriers, and
parking issues and
the like.
Insurance
requirements must be
included which
encompass the
potential of damage
to the existing
structure and/or
injury to students
or staff.
The submittal
process must be
developed to assure
that submittals are
made reviewed and
either approved or
commented upon
within specific time
periods to maintain
the milestones and
to assure that work
can proceed during
confined window
periods.
If the overall
project is broken
down into phased
separate projects,
additional
consideration must
be made with regard
to liquidated damage
and other
enforcement
provisions to assure
that one project
does not interfere
with a subsequent
project.
If the overall
project is broken
down into several
distinct separately
bid projects, since
each contractor is
not working on the
same project, the
specifications in
each contract must
maintain a level of
coordination between
the contractors even
though the projects
are deemed separate
and distinct.
Specifications
pertaining to daily
cleanup and the
policing of those
obligations become
more significant
when the project is
being constructed
while school is in
session.
Security provisions
requiring the
contractor(s) to
maintain security on
the site becomes
more significant and
will require
specific inclusion
within the contract
documents.
Special attention
needs to be given to
warranties since
equipment in one
phase may be started
before an entire
system is put into
place or long before
final acceptance of
the overall project
is issued.
All contracts
entered by the
District whether
they be with the
contractor, the
design professional
or the construction
manager, must
acknowledge that
work will be
performed while
school is in
session. They must
take into
consideration all of
the factors involved
in undergoing a
major construction
project while
children and staff
are present and
engaged in the
educational
processes. Each
contract must
carefully and
definitively
establish
accountability of
each contracting
party to meet and
maintain those
functions and levels
of performance that
become all the more
important when a
District decides
that construction
must occur
simultaneously with
meeting its primary
focus of educating
the students.
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