Title: MSBA Update
1Treasurer Tim Cahill, Chair Katherine Craven,
Executive Director
2- Chapter 208 of the Acts of 2004 created an
independent public Authority, comprised of a 7
member board, chaired by State Treasurer Tim
Cahill, ending the former School Building
Assistance Program administered by the Department
of Education. - The Authority is charged with
- Succeeding to the powers of the Department of
Education, inheriting approximately 11 Billion
in outstanding payments for 1156 projects
authorized under the former SBA program - Achieving the effective management, planning and
financial sustainability of the school building
assistance program - Revising regulations for a new program of grants
for school renovation and construction projects
subject to the availability of funds and a
statutory cap, beginning in FY08
3First 3 Years Significant Progress Made
- MSBAs accomplishments to date
- Made over 5.5 Billion in payments to cities,
towns, and regional school districts - Under the former program, the state would have
taken decades to make most of these payments - Of the 428 projects on the Waiting List
- 380 projects have received a payment or have been
completely paid off - 30 audits are in process, 20 projects have still
not started, 9 projects were removed under the
Grant Conversion Program - Substantially completed over 700 audits of the
800 audit backlog inherited from the former
program. The completed audits have - Saved the taxpayers of Massachusetts over 700
Million - Generated 2.1 Billion in avoided local interest
costs - Completed first ever capital survey of 1,817
schools in the Commonwealth - Completed most comprehensive revision of program
regulations in 60 years - Developed and implemented a pay-as-you-build
Progress Payment System for projects. The new
Progress Payment System - Provides municipalities with much needed cash
flow as projects are built - Reduces the amount of debt a city, town or
regional school district needs to issue
4Sales Tax Dedicated to the MSBAs School
Renovation and Construction Program
- The Commonwealth has dedicated 1 cent of the
statewide 5 cent sales tax to the MSBA for the
school renovation and construction grant program - The 1 cent is phased-in through fiscal year 2011
with a guaranteed minimum amount through fiscal
year 2009 - During a period when many other programs have
been cut or level funded, the Commonwealth has
dedicated, on average, an additional 76 Million
per year for the school renovation and
construction program.
Guaranteed
5The Authoritys Finance Plan
- Fund Waiting List
- 5.5 billion between fiscal years 2006 and 2011
( in millions)
- Fund Prior Grants
- 5.1 billion from 2005 to 2023
Completion of a final audit is necessary to
complete payments on Waiting List projects and to
determine actual annual payment amounts on Prior
Grants.
- Fund New Grants beginning in fiscal year 2008
- Capped by law at the lesser of (i) 500 million
per year growing at rate of growth of the MSBAs
portion of the sales tax up to 4.5 annually or
(ii) the availability of funds - This allows for a 2.5B New Program, Five Year
Capital Pipeline
6Sales Tax Funding Capacity
7Sales Tax Growth Trend
8New SBA program has finite budget
All of the Authoritys revenue is being committed
to the following types of payments Prior Grant
projects, debt service, operations of the
authority and eventually the new program.
9The New Process
The MSBAs enabling statute places tremendous
emphasis on planning, due diligence and
prioritization of scarce Authority resources.
The statute and MSBA regulations also require
collaboration between local districts and the
MSBA during all phases of the process.
-
-
- 1. Identify the Problem
- Local community identifies deficiencies in school
facilities through the Statement of Interest
process - 2. Validate the Problem
- MSBA and local community work together to
validate deficiencies identified - Requires the MSBA and the city, town or regional
school district to agree on the problem - 3. Evaluation of potential solutions
- MSBA and local community work in collaboration to
identify potential solutions - Solution must fit within the MSBAs available
funding, long-term capital plan and will be
prioritized based on the priorities established
in G.L. c.70B s.8 - 4. Confirm the solution
- MSBA and local community agree on solution and
appropriate course of action - 5. Implement the agreed upon solution
- MSBA and local community continue collaboration
through design and construction
10Summary of 2007/2008 SOI Submissions
- 423 Statements of Interest (SOI) submitted
- 163 different districts represented
- Asked each district to prioritize ONE project
- All other SOI are still in our system, unless you
tell us otherwise (all hold and district
non-prioritized SOI need refreshing) - Senior Studies completed for most priority
projects - Planning and Regionalization DistrictsTechnical
Assistance - Currently working with Districts to get through
all District priorities
112008/2009 Statement of Interest Process
- NEW SUBMISSIONS CLOSE NOVEMBER 15, 2008
- NEW PROCESS, LESSONS LEARNED
- MSBA needs updated and additional detailed
information - Ask for more information and verifications from
the Districts - Ask for the GOALS of any project from the
Districts perspective - Ask whether the District is requesting a REPAIR
or MAJOR project - Requesting a refresher look by the Districts at
non-prioritized SOI from 2007-2008 - Any changes in SOI require local process
including school committee and city council,
board of selectmen, mayor approval
12Statement of Interest Submissions by Month
Statement of Interest Submissions by Month
13MSBA DIAGNOSTIC PROCESS
- Or, how does MSBA choose which projects proceed
vs. another?
14SOI Diagnostic Process Overview
- Based on lessons learned from the Waiting List
projects, each district was required to choose
one priority on which the MSBA would focus the
diagnostic process - Diagnostic analysis by the MSBA includes
- Review of the SOI
- Meeting with local officials
- Site visits to assess overcrowding
- Facility assessments
- Senior studies
- Review of historical enrollment trends and
forecasts - Review of educational programs
15SOI Use of Tools for Diagnostic Overview
- Needs Survey from 2005 is reference only
- All decisions are made based upon a Senior
Study and current visit - Needs Survey will be updated and refreshed this
coming year - All funding decisions are based upon current
Senior Study data in addition to peer group
analysis
16Senior Study - Overview
- Efficient, cost effective diagnostic tool used to
evaluate SOI - Each study team composed of an MSBA staff member
and two senior architects with extensive
knowledge of building systems and educational
programs - Studies examine both facility condition and
programmatic issues - Identify goals and concerns of the school
district - Evaluate physical condition of the facility,
including major building systems (building
envelope, HVAC, electrical distribution, interior
finishes) - Assess overcrowding or capacity issues
- Determine ability of the facility to support the
required educational program - Assess design factors such as availability of
natural light which make a schools environment
conducive to learning - Examine site considerations
- Evaluate school districts routine and capital
maintenance programs - Results summarized in concise report format
permitting review and comparison of numerous SOI
17Assessment Criteria
- Building Condition
- Building exhibits signs of moderate to severe
deficiencies in multiple building systems such
as roofing system, façade, windows and doors,
heating and ventilation systems, and electrical
distribution system. - These deficiencies adversely impact the school
facilitys ability to support the delivery of the
educational program. - Building Capacity
- Building exhibits signs of moderate to severe
overcrowding including excessive class sizes,
inadequate number of classrooms, high number of
cafeteria seatings, and conversion of
non-educational space to educational uses. - These conditions adversely impact the school
facilitys ability to support the delivery of the
educational program. - Educational Program
- The ability to support the required educational
program is adversely impacted by building
condition and/or capacity, including use of
inadequate spaces for the delivery of educational
programs. - Structural Deficiency
- Building has clearly documented structural
deficiencies that pose an immediate risk to
health and safety of building occupants.
18Senior Study Summary of Results
- Since July, 2007 Senior Studies have been
conducted on 132 schools - Meetings at MSBA have been held with most of
these districts - MSBA is gearing up to start this process all over
again for new SOI - Provide MSBA with a comparative tool for
classifying priority SOI - Created a practical knowledge base
- Many schools are functional but tired
- Worn interior finishes
- Aging mechanical systems
- Lack technology
- Some schools are overcrowded or cannot support
the required educational program - SPED instruction conducted in converted storage
closets - Classes held on auditorium stage
- Modulars used for 10 years to capacity
- Cafeterias with 5 or 6 lunch seatings
- PE conducted in corridors
- Wide disparity in level of locally supported
capital improvements (roofs, windows and
mechanical systems)
19On line Enrollment Forecasting Tool
- The MSBA has developed an Enrollment Forecasting
tool that is available on-line which can be
accessed via the MSBA website (www.MassSchoolBuild
ings.org) - The Enrollment Forecasting tool is intended to
standardize the compilation of enrollment
projection data by using the same approach for
projecting enrollment for all districts based on
a professionally developed modified cohort
survival methodology - The basic premise of the cohort survival method
is that the past is a reasonable predictor of the
future - Year-to-year cohort survival rations account for
the net effects of factors such as in/out
migration, student retention rates, new home
construction, etc - Model allows districts to provide data on
significant local changes that would impact
historical cohort survival ratios such as major
employer moving in/out, opening/closing of
private/charter schools, open space being
developed, etc. - This system can be used by districts at no cost
to generate draft enrollment projections. - Districts will be need to fill out an Enrollment
Questionnaire which asks for some very basic and
limited data on current year enrollments, housing
permits, and birth data. - If a district intends to submit a Statement of
Interest (SOI) and cite enrollment related
priorities 2, 4 or 6, then the district must
transmit their enrollment data to the MSBA via
the Enrollment Forecasting tool.
20MSBA Categorization/ Desired Outcomes
- MSBA separates all potential projects into the
following categories - Feasibility Invitation Some medium-larger scope
project will be agreed upon by MSBA and community
to solve agreed upon facility problem with
educational impact - Preferred Schematic Design Vote to Proceed with
a focused study on an agreed upon outcome (NEW,
RENO, REPAIR) - Repair Assessment Smaller, targeted projects
over 250K that will extend useful life of a
facility (roofs, windows, HVAC) - Project Scope Invitation (2007 only) Projects
that otherwise meet the need and urgency criteria
established by C70B that commenced between
2003-2007 - Planning MSBA working with Districts whose
facility or educational needs and enrollments
require clarification or solutions are not
readily apparent. Includes MSBA sharing costs for
technical services agreed to be necessary. - Regionalization Assessment Certain districts
may lend themselves to mergers with neighbors
given small and decreasing enrollments and budget
challenges for capital and operational costs - Regional Vocational/Technical HS Non-repair,
major potential projects which each have unique
needs and local concerns - Hold Community continues to work with MSBA to
clarify Statements of Interest issues and resolve
local issues about master planning
21MSBA Board Actions 2007/2008
- Based on the MSBA diagnostic analysis and input
from the Facilities Assessment Subcommittee, the
Board took the following actions in FY2007 - Feasibility Invitation 40
- Preferred Schematic Option 13
- Repair Assessment 20
- Project Scope Invitation 15
- Planning 13
- Regionalization Assessment 9
- Regional Vocational/Technical HS 9
- Hold 44
- Total 163
22Next Steps Nota Bene
- Invitation to Collaborate on a Feasibility Study,
Repair Assessment or Invitation to Collaborate on
a Project Scope and Budget Conference is not
approval of a project. - The Moratorium ended June 30, 2007. Any city,
town or regional school district that
unilaterally proceeds with the design or
construction of a school facility without the
MSBA will be ineligible for funding. - Moving forward in the process requires
collaboration with MSBA. To qualify for funding,
districts must follow MSBA statute and
regulations which require MSBA collaboration and
approval at each step of the process. - Generally, SOIs placed in the hold category
require further information or explanation from
the district to clarify issues identified in the
SOI.
23MSBA Capital Management Process
______________________________________
- Or, once MSBA votes to proceed with the
Feasibility Study, what are next steps?
24Owners Project Manager Selection
- Before an architect is selected, Eligible
Applicant must hire an OPM - OPM must be approved by MSBA and contract from
MSBA must be used - MSBA has a model Request for Services, Guidelines
for Selection, and Standard Contract which
Eligible Applicants must use when procuring an
OPM - Local owners MUST designate a point of contact to
whom OPM reports - Monthly reporting and job updates to MSBA
- OPM works for locals and for MSBA as well!
25Owners Project Manager Review Panel
- Any project over 1.5 Million is required to have
an Owners Project Manager (OPM). The MSBA must
approve OPMs for approved school projects that
exceed the 1.5 Million threshold and may require
an OPM on certain projects under the threshold. - MSBA will require a very comprehensive role for
the OPM to serve the needs of both the district
and the MSBA. Scope of services will include - Monitoring and reporting on total project budget,
schedule, cash flow - Monitoring and reporting on performance of
designer and general contractor - Facilitation in the resolution of issues between
the designer and the contractor to prevent
schedule slippage and cost overruns - Providing effective management in field
supervision of the contractor - Conducting a review for constructability, long
term maintenance and life cycle cost savings - Providing representation at project and
construction meetings - Cost estimating and control, schedule analysis,
quality control, safety - Notifying the MSBA and city, town or regional
school district of defective work - Cities, towns and regional school districts must
conduct a qualifications based selection process
for selecting an OPM and submit to the MSBA a
summary of the qualification process, the basis
of its selection and recommendation to the MSBA
for approval. - The MSBA intends, with the assistance of its OPM
Review Panel, to focus its review and approval
on - Prior relevant experience of firm, Project
Director and Project Representative in the
supervision of projects similar in type, size,
dollar value and complexity to project being
considered. - Documentable evidence of past performance -
number of projects managed, project dollar value,
number and percentage completed on time, dollar
value of change orders, safety record and number
of legal actions - Management approach
- Key Personnel
26Initial Project Scope and Budget Conference
- Meeting to discuss next stepsInvite Everybody!
- District, OPM, MSBA gather to discuss details of
project - Evaluate what we know about project already and
determine what new info is necessary to plan the
project - Enrollment and educational plan in the context of
the District? - Site evaluation?
- Preliminary budget discussion can we afford to
build it, can you afford to staff, maintain and
operate it? - What is the overall goal of any project and how
do we achieve it?
27Designer Selection Process
- MSBA assists in drafting advertisement for
architect - Responses return to District, who then forwards
to MSBA - DSP meets to rank up to 3 preferred designers
- Based on qualifications, past performance,
content of submissions, reference checks and
other evaluation information on file with DCAMM,
the MSBA or other agencies. - District negotiates with top ranked designer
- More design contract guidance coming from MSBA
- Appropriate fees?
- Scope of work?
- Design to budget?
28Designer Selection Panel
- The Designer Selection Panel (DSP) was created to
ensure an impartial and objective designer
selection process. - Any city, town or regional school district
selected to move forward to the Feasibility Study
phase of the process with a school renovation or
construction project estimated to be in excess of
5 Million, will be required to select a designer
through the MSBAs Designer Selection Panel. - Members of the DSP include 12 permanent members
recruited from MSBA professional staff and
independent professional groups and 3 revolving
members recommended by the school district on a
project-by-project basis. - MSBA and Town/School officials, Bernie Feldstein,
AIA Emeritus, is Chairman, Mike McKimmey P.E.
from DCAMM is vice-chairman, Ken Wexler, Gordon
Borek, Jen Shemowat, Charles Tseckares, David
Squire very professional board - Has met on Putnam Vocational School and Village
School in Marblehead
29Local Votes
- The MSBA will require a very specific form and
language for local votes going forward. The
format of votes must be approved by the MSBA
prior to adoption. - One project One Vote
- Vote must be a separate, stand alone vote
- Vote cannot be lumped in with any other school
facility projects or municipal projects - Vote must be project specific and must include
descriptions of - Project Site street location, parcel,
orientation on parcel where possible - Project Scope New, Renovation, Addition,
Repair, square footage, project components - Total Project Costs Local Share, MSBA grant
- Vote must include language acknowledging that
- the MSBA grant program is a non-entitlement
program - the MSBA grant program is a discretionary program
based on need, as determined by the MSBA - the school facility that is the site of the
project will remain in use as an educational
facility for the instruction of school children - any project costs in excess of the MSBA grant are
the sole responsibility of the city, town or
regional school district - The MSBAs standards for votes apply to any local
votes that may be required - Appropriations Vote
- Debt Authorization Vote
- Override Vote (if any)
- Debt Exclusion Vote (if any)
30New Process, New World
- Feasibility Study or any board approval is never
final until we verify in writing about the scope,
budget and schedule. - Feasibility Study agreements are based upon base
rate and will govern the study process - If the scope, budget and schedule changes, the
project will be reviewed. - If the budget is exceeded for a project, MSBA may
require a scale back. - Collaborate and we will succeed!
31Reimbursements and Payments
- How much and how do we pay for our share of your
school?
32Progress Payments
- MSBA implemented a Progress Payment System to
reimburse on a pay-as-you-go (monthly) basis - District enters into a Project Funding Agreement
(PFA) with the Authority - System implemented in 2005
- Authority reviews and audits request for
reimbursement and disburses States share within
15 days of request - Electronic (web-based) system implemented in 2007
33Progress Payments
- Advantages / Benefits
- Districts dont need to borrow on behalf of the
State - Lower borrowing costs to District and Taxpayers
- Monthly review and audit process facilitates
on-going oversight and communications with
District - Final audit process is minimal, but will include
a site visit at least once - Eligibility of costs are ascertained early
- Forms and cost categories are standardized
- Electronic system automatically generates forms,
calculations and reports
34Progress Payments Pro-Pay
- MSBA developed new web-based system (Pro-Pay)
which communities access to enter cost
information and request reimbursement - MSBA provides training, log-in IDs and on-going
support - District and MSBA access real time information at
all times
35Reimbursement Rates, per C.70B
- Base rate of 31
- Ability to Pay Factors
- EQV Property Wealth 0-28 (SourceDOR)
- Median Income Comparison 0-12 (SourceDOR)
- of Students in Federal Free/Reduced Lunch 0-17
(Source DOE)
36Incentive Points
- 0-2 Maintenance (Below, Avg., Above Avg.)
- 0-2 Green, Sustainable Design
- 0-6 Newly formed REGIONAL schools
- 0-1 CM at Risk
- 0-5 Major Renovation/Add Reno
- 0-1/2 for adoption of 40R overlay zoning
- 0-1 to match local School Facilities Maintenance
Trust - And other policies being developed
37Model Schools
- Up to 5 extra points for choosing a model school
- A Model School compresses the design/construction
schedule and saves cost by utilizing a proven,
built design - Next Steps Negotiating with the selected
designer for best price and contract
administration - Only new cost site adaptation and uniqueness
factor
38Scope Items Eligible or Ineligible?
- Field Houses, Superintendents offices, Swimming
pools, legal fees, site acquisition/mitigation,
local permitting, financing costs are not
eligible - Always check with usnever assume we will pay
- Policies yet to be determined
- Turf Fields?
- Black Box Theaters/Performing Arts Centers?
- Spaces in excess of our space guidelines?
- Ill-defined large group or any other
instructional spaces? - Cable TV studios?
39MSBA future initiatives.
- Regulations Updates
-
- Task Forces
40Recently Proposed MSBA Regulation Changes
- Space Allowance by Program Activity 2.06 (7)
- Incorporate actual guidelines for each type of
classroom square footage into the regulations - This clarifies the actual ranges of allowable
square footage for each type of classroom and
avoids the problem of rededicating classroom
space to community, administration, or other
non-core academic space. - Emergency Statement of Interest Process 2.09
(6) - This proposed regulation establishes a procedure
for the MSBA to accept an Emergency SOI from an
Eligible Applicant in the case of an unforeseen,
extreme facilities failure or fire that causes
the interruption of occupancy in the school
building. - The proposed regulation requires the Applicant to
demonstrate the educational impact and hardship
of such facilities failure and provide a
professional opinion that the event was
catastrophic and not the result of lack of
maintenance or neglect. - The proposed regulation establishes that the MSBA
is the payor of last resort once insurance
proceeds and all other sources are exhausted. - The remedy for an Applicant under this process is
that the MSBA may participate in repairs or
construction to remedy the failure to achieve the
same or similar educational conditions in place
prior to the failure. Any improvements to the
facility desired by the Applicant beyond
restoration of the original condition shall be
considered as part of the regular SOI process. - Clarification of MSBA requirements and role of
school building committee 2.10 (3) - This proposed regulation clarifies the existing
regulation regarding the composition and
responsibilities of school building committees,
at the request of many school districts. - Feasibility Study Reimbursement Rate 2.10 (8)
- Clarification of MSBA share of Feasibility Study
reimbursement rate based upon base rate and
community wealth factors. - At the point when a feasibility study is agreed
upon by the District and the MSBA, the eligible
incentive points are unknown. Therefore, this
proposed regulation change clarifies the amount
for local taxpayers regarding how much the MSBA
will reimburse for the feasibility study to not
include potential incentive points. - Incentive Points for Newly Configured Regional
School District Membership 2.18 (6) - The proposed regulation would provide the MSBA
board the flexibility to allow the allocation of
up to 3 of the 4 incentive percentage points
available for Alternatives to Construction and up
to 3 points available for Innovative Community
Use toward districts that consolidate and create
a new regional district and apply for the
reimbursement of a new or renovated school that
serves the newly created regional district which
contemplates awarding funds for school facilities
solutions where construction has been avoided.
41- Maintenance
- Science Labs
- Technology
- Vocational Technical High Schools
- Regionalization
- Owners Project Managers
- Construction Contract Documents
Task Forces
42 Maintenance
- Goal is to advise the MSBA on recommendations
for - a system to ascertain what defines excellent,
good or poor maintenance of school buildings - compile resources on best practices to assist
districts achieve excellent maintenance - how to promote excellent maintenance practices
for school facilities throughout the Commonwealth
to preserve the billions of dollars in school
facility investments made to date.
43Science Labs
- Goal is to advise the MSBA on recommendations
for - design standards that meet the minimum DESE
educational requirements for model new and
renovated science labs for middle schools and
high schools. - a design guide of the efficient and cost
effective layouts of science labs for new
buildings and standards for fittings, fixtures
and equipment.
44Technology
- Goal is to advise the MSBA on recommendations
for - standards and best practices for incorporating
technology in elementary, middle and high
schools. - explore issues such as model technology plans for
new or retrofitted schools how best to encourage
districts to utilize the E-rate program (Federal
grants of up to 90 for installation of computer
cabling and switches), research different
philosophies, equipment, and teacher development
necessary for the implementation of technology in
schools.
45Vocational Technical High Schools
- Goal is to advise the MSBA on recommendations
for - assessment criteria for vocational and technical
high schools and how these criteria can be
applied by the MSBA in the evaluation of
individual schools.
46Vocational Technical High Schools
- Meeting Target Date 3rd week of September
- Presentation by Barry Bluestone and Andrew Sum on
new Manufacturing data how does this apply to
your district, specifically?
47Vocational Technical High Schools
- The MSBAs initial assessment would include
analysis of - The specific SOI
- Available reports (e.g., EQA report, NEASC
report, local school committee reports, etc.) on
the specific school - Total current enrollment and enrollment and
graduation placement ratios in the various career
programs - The curriculum and c. 74 approved programs a
comparison curriculum to related job
opportunities in the regional job market. - Historic and current budget for the specific
school
48Vocational Technical High Schools
- Renewed energy and emphasis on voc tech
education - Strengths are similar
- Problems are similar
- Demand is high for your graduates
- Demand is high for upgrading your facilities
49Vocational Technical High Schools
- Renewed energy and emphasis on voc tech
education - Strengths are similar
- Problems are similar
- Demand is high for your graduates
- Demand is high for upgrading your facilities
50Vocational Technical High Schools
- MSBA Success Stories
- Putnam Voc School 125M
- Essex Aggie/North Shore Voc state-MSBA-new
regional district agreement - Shawsheen Voc Tech 2.1M in new program
51Vocational Technical High Schools
- Next Steps
- Listen to youwhat are your needs?
- Face the Brutal Facts
- In a world of limited resources, how do we target
our resources best for you? - Partnerships with local businesses?
- Updated/New SOIs due Nov 15
- Evaluate them the same
52Regionalization
- Goal is to advise the MSBA on recommendations
for - incentives that would encourage the formation of
regional school districts.
53Owners Project Managers
- Goal is to advise the MSBA on recommendations
for - the appropriate scope of services and level of
effort required to manage various categories of
MSBA-assisted school projects - the appropriate level and structure of fees
associated with the required scope and level of
services - delineating the roles and responsibilities of the
OPM, designer, contractor and commissioning agent - additional training for OPMs, in areas such as
cost estimating, schedule compliance,
standardized reporting and payments
54Construction Contract Documents
Construction Contract Documents
- Goal is to advise the MSBA on recommendations for
key provisions necessary in construction
documents to - ensure best contracting practices to control
costs and schedule, minimize claims, maximize
safety and quality construction and - protect the interests of the Districts and the
MSBA - the implementation of model provisions and/or
standard documents that may include bid and bond
forms, general conditions and general
requirements.
5540 Broad Street, 5th Floor Boston , MA
02109 Phone 617-720-4466Fax 617-720-5260
http//www.massschoolbuildings.org
Questions? Brian McLaughlin brian.mclaughlin_at_mass
schoolbuildings.org