R277-454. Construction Management of School Building Projects

R277.  Education, Administration.

R277-454.  Construction Management of School Building Projects.

R277-454-1.  Authority and Purpose.

          (1)  This rule is authorized by:

          (a)  Article X, Section 3 of the Utah Constitution, which vests general control and supervision of public education in the Board;

          (b)  Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law; and

          (c)  Section 53E-3-705, which requires the Board to prepare an annual school plant capital outlay report for all LEAs, which includes the number and size of building projects completed and under construction.

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

R277-454-2.  Definitions.

          (1)(a)  "CM" means an individual designated as a construction manager, which acts as the agent of the owner of a construction project and may include:

          (i)  an architect;

          (ii)  an engineer;

          (iii)  a general contractor;

          (iv)  a professional consultant; or

          (v)  a construction management firm.

          (b)  A "CM" may, at the discretion of the project owner, assist in the development and implementation of predesign, design, bidding, construction, and occupancy stages of the construction project.

          (c)  A "CM" is responsible for the effective, orderly, and acceptable completion of a construction project.

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

R277-454-3.  Standards.

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

          (2)  An LEA shall bid each component part of the building project in accordance with statutory:

          (a)  advertising requirements;

          (b)  public opening requirements;

          (c)  performance bond requirements; and

          (d)  payment bond requirements.

KEY:  educational facilities, education finance

Date of Last Change:  November 7, 2022

Notice of Continuation:  September 15, 2022

Authorizing, and Implemented or Interpreted Law:  Art X Sec 3; 53E-3-401(4); 53E-3-705

Status of Rule

Effective November 7, 2022

Five-year review September 15, 2027

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Oversight Framework

Uncategorized

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Related Utah Law

Public Education Statutes
Title 53E, Chapter 3, Part 7, School Construction, specifically 53E-3-703

53E-3-705

Other Statutes
None

USBE Administrative Rules
R277-100, Definitions for USBE Rules

R277-125, Small School District Capital Projects

R277-471, School Construction Oversight, Inspections, Training and Reporting

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Related Federal Law

None

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Resources

None

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Contact Information

Primary Contact:
Dean Dykstra
dean.dykstra@schools.utah.gov
Financial Operations

Secondary Contact:
Scott Jones
scott.jones@schools.utah.gov
Financial Operations

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This page was last updated on October 10, 2024.

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NOTE: The information on this webpage is provided as a service to users and the Utah State Board of Education is not responsible for any errors or omissions.

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