No. 35933 (Amendment): Rule R277-454. Construction Management of School Building Projects

(Amendment)

DAR File No.: 35933
Filed: 03/15/2012 01:28:18 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to add a new definition and to make terminology changes consistent with the new definition.

Summary of the rule or change:

The amendment to the rule adds a new definition in Section R277-454-1 and updates terminology throughout the rule.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The changes to the rule are terminology changes that do not result in a cost or savings.

local governments:

There are no anticipated costs or savings to local government. The changes to the rule are terminology changes that do not result in a cost or savings.

small businesses:

There are no anticipated costs or savings to small businesses. The changes to the rule are terminology changes that do not result in a cost or savings.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. The changes to the rule are terminology changes that do not result in a cost or savings.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The changes to the rule are terminology changes that do not result in compliance costs.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see no fiscal impact on businesses.

Larry K. Shumway, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/01/2012

This rule may become effective on:

05/08/2012

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-454. Construction Management of School Building Projects.

R277-454-1. Definitions.

A. "Board" means the Utah State Board of Education.

B. "CM" means an individual designated as a construction manager. The CM may be an architect, engineer, general contractor, or other professional consultant. It may also be an entity which is referred to as a construction management firm. The CM works as the agent of the owner of the construction project. The CM, at the discretion of the owner, may assist in the development and implementation of any or all of the predesign, design, bidding, construction, and occupancy stages of the construction project. The CM is responsible for the effective, orderly, and acceptable completion of the construction project.

C. "Construction management" means a contractual and professional working relationship between the owner of a construction project and a CM.

D. "LEA" means a local education agency which includes school boards/public school districts, and charter schools.

 

R277-454-2. Authority and Purpose.

A. This rule is authorized by Article X, Section 3 of the Utah Constitution which vests general control and supervision of public education in the Board, Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities and Section 53A-20-103 which requires the Board to prepare an annual school plant capital outlay report of all [school districts]LEAs, which includes information on the number and size of building projects completed and under construction.

B. The purpose of this rule is to specify the standards local boards of education shall follow in using construction management for school construction projects.

 

R277-454-3. Standards.

A. A construction management contract shall clearly specify the duties of the CM with respect to the building project.

B. An [local school district]LEA shall bid each component part of the building project in accordance with advertising, public opening, performance bond, payment bond, and other statutory requirements.

 

KEY: educational facilities, education finance

Date of Enactment or Last Substantive Amendment: [August 15, 2003]2012

Notice of Continuation: October 5, 2007

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-20-103

 

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