WSR 01-05-089

PROPOSED RULES

STATE BOARD OF EDUCATION


[ Filed February 20, 2001, 12:58 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-06-079.

Title of Rule: WAC 180-27-070 State assistance in providing school plant facilities -- Basic state support -- Architectural and engineering fees.

Statutory Authority for Adoption: RCW 28A.525.020.

Summary: Deletes requirement for prorating A/E fees in two steps based on size of project. Fees would be assigned to projects based on schedule for projects in size ranges.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, (360) 753-6715.

Name of Proponent: State Board of Education, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Present system of calculating architectural and engineering (A/E) fees is a two-step procedure whereby a percentage from the schedule is used up to the schedule area nearest but below the actual project square footage. Difference between scheduled square footage and actual square footage is calculated using lower percentage for next step on schedule.

Proposed change would simplify this procedure by scheduling a range of square footages for which a percentage applies. Then the square footage for any project will fall into a range, and the appropriate percentage will be used for the entire square footage; a simple, one-step multiplication.

Proposal Changes the Following Existing Rules: Deletes requirement for prorating A/E fees in two steps based on size of project. Fees would be assigned to projects based on schedule for projects in size ranges.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

RCW 34.05.328 does not apply to this rule adoption. Not applicable.

Hearing Location: Board Room, North Thurston School District, 305 College Street N.E., Lacey, WA 98516, on March 28, 2001, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Patty Martin by March 14, 2001, TDD (360) 664-3631, or (360) 753-6715.

Submit Written Comments to: Rules Coordinator, State Board of Education, P.O. Box 47206, Olympia, WA 98504-7206, fax (360) 586-2357, by March 14, 2001.

Date of Intended Adoption: March 30, 2001.

February 16, 2001

Larry Davis

Executive Director

OTS-4652.2


AMENDATORY SECTION(Amending WSR 98-19-143, filed 9/23/98, effective 10/24/98)

WAC 180-27-070   Architectural and engineering services.   School districts shall select their architectural and engineering consultants in accordance with chapter 39.80 RCW. As required by RCW 39.80.050, the district shall negotiate a contract with the most qualified consultants at a price which the school district determines is fair and reasonable. In making its determination, the district shall take into account the estimated value of the services to be rendered based upon the scope and complexity of the project.

The allocation of state moneys for matching purposes for a school facility project shall be based on architectural and engineering services as defined by the latest edition of the American Institute of Architects Handbook of Professional Practice and calculated by the percentage(s) in relation to the square foot area of construction as calculated in WAC 180-27-040 and project type, as set forth below:


(1) New construction projects:

Architectural and Engineering Team Fee Matching

Limitations

Square Feet of

Construction

 Percent of

Construction Cost
((Under 3,700)) 0 - 3,699 10.0
3,700 - 7,349 9.0
7,350 - 10,999 8.75
11,000 - 14,649 8.5
14,650 - 18,299 8.25
18,300 - 25,699 8.0
25,700 - 36,699 7.75
36,700 - 54,999 7.5
55,000 - 73,399 7.25
73,400 - 100,999 7.0
101,000 - 128,449 6.75
128,450 - 155,999 6.5
156,000 - 183,499 6.25
183,500 & above 6.0

((Note: Compensation for projects with square foot area of construction between the values shown shall be established for matching purposes by the process as indicated in the example below.
Example:
Assume: Area of construction = 75,000 sq. ft.

Area cost allowance = $90/sq. ft.
73,400 sq. ft. x $90/sq. ft. x 7.0% = $462,420.00
1,600 sq. ft. x $90/sq. ft. x 6.75% = 9,720.00
75,000 sq. ft. $472,140.00
State share = $472,140.00 x state matching

percentage))

(2) Modernization projects:

For modernization projects, the limits of state participation shall be one and one-half times the amount calculated for new construction.

(3) Combination projects:

For those projects which include a combination of new construction and modernization, the limits of state participation shall be prorated as set forth in subsection (1) and (2) of this section.

[Statutory Authority: RCW 28A.525.020. 98-19-143, 180-27-070, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1992 c 233 24 (8)(e). 93-13-026, 180-27-070, filed 6/10/93, effective 7/11/93. Statutory Authority: RCW 28A.47.830. 84-07-036 (Order 1-84), 180-27-070, filed 3/20/84; 83-21-066 (Order 11-83), 180-27-070, filed 10/17/83.]

Washington State Code Reviser's Office