63A-5b-1213. Division-managed construction services.
(1) The division may provide comprehensive construction management services to an LEA, including: project procurement and contractor selection; construction oversight and inspection coordination; cost management and change order approval; compliance verification and quality assurance; project scheduling and milestone management; and architect and design professional services when required under Sectionor requested by an LEA. 63A-5b-1204
(2) An LEA may request division construction management services for: any project exceeding $3,500,000 in total cost; complex projects requiring specialized expertise; or projects where the LEA lacks sufficient internal capacity.
(3) The division shall provide construction management services when: requested by an LEA and capacity allows; or an LEA has demonstrated repeated compliance failures.
(4) The division shall establish a cost structure for managed services where: the LEA reimburses the division for all direct project costs; administrative fees do not exceed: 3% of total project cost; and for projects under $3,500,000, the actual cost of providing management services in relation to the specific project; and fee schedules are published annually in division rules. The division shall ensure: the administrative fee structure for division-managed projects includes the construction oversight fee required by Section; and 63A-5b-1214 an LEA may not pay duplicative fees. The division shall provide an LEA with a detailed fee breakdown showing: additional direct project management costs; and the total administrative fee percentage.
(5) The division shall ensure that for division-managed projects: the division assumes full responsibility for code compliance; all procurement follows state procurement rules; the LEA retains authority over educational program requirements; and regular progress and financial reports are provided to the LEA governing board as defined in Section. 53E-1-102
(6) An LEA may appeal the division's determination to require division-managed construction services to the appeals panel established under Section. 63A-5b-1221