The money has been approved, the design completed, and the contractor selected. The next step is the contract and the meeting with the general contractor. This step in the school renovation process is perhaps one of the most important steps to making the renovation go smoothly and with the least amount of disruption to the educational process. Working a renovation in an occupied school is very challenging and depends on specific contract language, precise scheduling, and a clear understanding between architects, contractors, and school officials.

When designing a contract for school renovation it is important to understand the process. Most architectural firms operate from a “boiler plate” general contract that they use for all their projects. These fill-in-the-blank contracts usually contain the language required to meet specific contracting needs and usually mirror state law contracts and are correct on general standards. However unless your architectural firm has a long history of working school contracts the standard construction contract must reflect the specific needs of schools. There is also the concern that specific language in state laws regarding school construction is included in the renovation contract. Some states for instance require specific materials in certain applications. Some require ecologically friendly materials be used and almost all states have specific requirements for facilities that are used as schools. These requirements address such items as carpet type, non-flammable materials, specific room size requirements, indoor air requirements, and intricate safety features. It is usually state required that such contract language be implemented in all construction or renovation projects. The main rule here is: Seek competent legal advice from someone familiar with school construction codes and requirements.

Additional areas of the contract need to be addressed. Special section needs to be included to protect the school district as well as prevent liability issues. Also these sections identify expectations that the district has of the renovation process and lists potential areas of concerns.

Identifying Existing Conditions- When the renovation involves cutting into walls, removing ceilings, or any type of demolition it is important to include a clause about “existing condition of systems”. In this clause the district needs to clearly identify that such existing items as phone lines, security lines, fiber lines, computer wiring, HVAC control wiring, intercom wiring, cable TV wiring, security camera lines, and any other wiring or conduits are in place and working. It is up to the contractor to protect these items during the renovation and that at the end of the renovation these lines are expected to be in working condition or the contractor is liable for the repair. It is important to note it is the contractors responsibility to verify the systems were working before construction was initiated. Often this requires a walk through with district maintenance people to verify with the contractor representative that the systems are functioning. Very simply, if it worked before they started then it needs to work when they are finished.

Work Hours and Conditions- Often it is important for the contractor to sit down with school personnel to understand the work parameters they are expected to operate under. This is an important negotiation point that really needs to be spelled out in the bid process. If a school expects no work to take place during the school day this raises the contractors costs to operate a second shift. A school must be careful not to place unreasonable restrictions on work hours or conditions that would seriously effect the pricing of a project. An agreeable balance can be reached if everyone is looking towards the same goal. Some school requests are reasonable and expected to be honored. For example if a school has an important testing period that will effect the school accreditation then asking that no heavy construction take place during this time is a reasonable request. The important part of this process is that the contractor knows well ahead of the date that this will occur and such a restriction is not sprung on them at the last moment. This allows the contractor to set some scheduling in advance and they could for example set outside work for that period. It would be an advantage for the school administration at the first contractor and subcontractor meeting to give the contractor a calendar for the construction period that identifies testing cycles, vacation periods, teacher work days, special events, or early dismissals that the contractor can use to plan work schedules. For example if heavy jack hammering needs to be done the contractor can look at the schedule and find a vacation period or work day to plan that activity. Coordinating of schedules leads to a smooth construction process.

Clearly Identifying “Substantial Completion” Clause- Most construction contracts identify a date that “substantial completion” of the project will be completed. However “substantial completion” standards for say a commercial building are much different from “substantial completion” standards needed by a school. For example HVAC simply needs to be operating, not balanced by commercial standards. This requires constant tweeking and balancing of the system for several weeks beyond the “substantial completion” date. While a commercial establishment may be able to operate under such conditions a school would be difficult to operate under these standards. It would be difficult to operate a classroom with unit ventilators open and technicians constantly in and out of the room. Also most commercial contracts read “broom clean” condition as the standard for substantial completion. Any administrator who has dealt with parents knows that a standard greater then “broom clean” will be needed to satisfy people who are expected to send their children into a renovated area. The contract should spell out that if the district must employ outside cleaning contractors or use school custodial personnel to attain the needed condition that the cost will be passed onto the contractor or withheld from the final payment.

Protecting Occupants from Renovation Pollutants- A contract clause addressing pollutants is advisable since there are various laws that address this situation in schools but not necessarily are contained in typical contracts for commercial renovations. Such a clause should include:

• Before beginning any demolition, check for lead-based paints and asbestos.
• When possible, perform work on hazardous systems on weekends, vacations, or evenings.
• Keep building occupants as far from renovation activities as possible.
• Install temporary barriers to seal the work area from the occupied areas. Cover all supply and return air grilles if the HVAC system also serves occupied areas. Exhaust air from the renovated areas to the outside.
• Use wet sanding or vacuum sanding for drywall finishing.
• At least daily clean up of construction debris, dust, and scraps so they will not be tracked into occupied areas.

Asbestos Clause – A contact clause should address the issue of asbestos should it be uncovered during the renovation process. Contractors need to refer to the EPA’s Asbestos Hazardous Emergency Response Act of 1986 and the Asbestos in Schools Identification and Notification Act of 1982 as well as OSHA’s Asbestos School Hazardous Abatement Reauthorization Act of 1990 in dealing with asbestos found in a school. Each school should have an inspection report on file of an asbestos survey that needs to be shared with the contractor. However many of these reports only identified visible asbestos. Often it is unknown what lurks behind walls and ceilings. The rule should be if a contractor comes upon questionable material—stop, test, abate. Often the areas are small such as pipe joints and they can be encapsulated and removed however if larger areas are found it is important that all federal guidelines be followed including sealing off the area and performing air testing. Remember also that schools build in the 1960’s and earlier may have asbestos in materials such as window putty and roofing material. Again if in doubt--test.

Site Security- Contracts need to spell out the responsibilities of construction site security. Since the contractor will often be present with crews without school personnel present the contractor needs to be responsible for security of the site. Schools can lessen their vulnerability by removing items of high theft probability and instruct staff members to remove personal items as well as expensive school materials from the area of renovation or access. Custodians need to be vigilant in securing rooms in the occupied areas. In the renovated areas school personnel need to remove TV’s, VCR’s, computers, printers, monitors, tape decks, and other electronic equipment and place them in secure areas such as a storage room with a security alarm. In one district a room is identified in each building that either will not be renovated or will be the last to be renovated. All equipment is stored in that room with an alarm sensor. Staff members are encouraged to take personal items home over the summer break and transfer all expensive equipment to the alarmed room. In either case the contractor needs to be responsible for site security especially if they are issued keys.

Occupancy Date- This area is one of the most controversial of all contract points. Contractors need to understand that schools take longer to move back in to areas due to the limited personnel available for the move and the intricate cleaning process that must be followed. Having an occupancy date just several days before students return is a recipe for disaster. It is important that enough time is allowed for installation of furniture, hooking up of classroom computers and other electronics, and moving of teacher materials. If time becomes an issue have the contactor concentrate on classrooms absolutely needed and put off areas such as offices, gyms, art rooms, and music rooms. These areas are important however a school could operate without them for a short period but it cannot operate without classroom space. As an extra incentive put in liquidated damage clause for failure to meet the occupancy date and make the penalty substantial enough to motivate the contractor to meet the date ($250-$1,000 per day). While the desire is not to punish, contractors need to realize that often schools do not have other options for space. The only option most schools have is to delay opening which leads to political, regulatory, and public relations problems.

Work Policies- Rules and policies need to be identified up front for the contractor. While it may not be necessary to include it as a contract clause it is important that the requests of workers be in written form and discussed so there is no misinterpretation at a later date. A sample of such rules or policies are:

·         Smoking is not permitted on the job site or anywhere on the school grounds. This is usually a state or district policy that applies to staff and visitors alike.

·         All contractor employees and subs must carry ID on them at all times. To prevent illegal entry of the school all workers must be clearly identified as to what company they are working for.

·         Contractor employees must be warned as to proper behavior around students and unacceptable language. This may seem like a simple request however many contractor employees are not used to working around students.

·         Parking of employee vehicles. This is especially important at sites with limited parking.

·         Securing of equipment. Contractors need to be aware with a student population moving around that dangerous equipment needs to be secured, barrier fences installed around construction storage areas and work zones, and site cleanup must be done on a daily basis.

·         Contractor employees must be informed of areas they are not to enter. If the soda machine is in the teachers lounge will they have access to it? Can they eat in the cafeteria? Are they allowed access to the office phone? All these are reasonable requests that need to be answered. It is neither fair nor reasonable to bar contractor employees from everything. This can be a learning experience for kids and it is important to realize that contractor employees are parents also. There is no need to set up a hostile environment with an “us” versus “them” mentality.

Renovation contracts are complicated documents not for the amateur. Always seek competent legal advice when completing such contracts. This is an important item to consider when selecting an architectural firm to do the renovation plans. How much experience in school construction work does the firm have? What kind of construction clauses do they recommend? Always check out references and especially ask the references about construction contracts suggested by the firm.

Perhaps the best way to avoid trouble down the line is to be sure the site principal is included in all negotiations and contractor meetings. Their insight into the educational process can head off potential problems in scheduling and work areas. Many districts require that the principal or his/her designee attend all contractor meetings along with district construction managers or maintenance directors. The more input given to the process the less likely there would be a problem. School renovations are not for the easily rattled however they do not need to be a bear trap either. Working as a team to achieve the same goal will make for a clean job and give the contractor a solid reason to bid on future projects.