Bill Text: MI HB5280 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Education; school districts; certain requirements related to construction, reconstruction, installation, demolition, maintenance, or repair of school buildings; create. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 1268.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-12-10 - Per Rule 41 Referred To Committee On Government Operations [HB5280 Detail]
Download: Michigan-2019-HB5280-Introduced.html
HOUSE BILL NO. 5280
December 05, 2019, Introduced by Rep. Warren
and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1268.
the people of the state of michigan enact:
Sec. 1268. (1) If the board of a school district or intermediate school district or the board of directors of a public school academy undertakes a project for the construction, reconstruction, installation, demolition, maintenance, or repair of a school building that will cost $25,000,000.00 or more, the board or board of directors shall contract for the services of an owner's project manager to serve as the board's or board of directors' project representative and consultant during the planning, design, and implementation for the construction, reconstruction, installation, demolition, maintenance, or repair of the school building. For projects that cost less than $25,000,000.00 under this section, the board or board of directors may contract for the services of an owner's project manager to serve as the board's or board of directors' project representative and consultant as provided in this section.
(2) The basic duties of the owner's project manager must include, but are not limited to, all of the following:
(a) Providing advice and consultation during project planning, feasibility, and design.
(b) Providing value engineering.
(c) Providing project scoping.
(d) Providing independent cost estimating.
(e) Providing project cost management.
(f) Providing project schedule management.
(g) Providing general contractor and subcontractor prequalification, when applicable, and selection, negotiation with, and oversight of the designer and general contractor or construction manager for the project.
(h) Ensuring the timely preparation of control budgets and schedules on a time scale, which must serve as control standards for monitoring timely, on-cost performance of the project.
(i) Assisting in project evaluation including, but not limited to, written evaluations of the performance of the designer, contractor, construction manager, and any subcontractor involved in the project.
(3) Total compensation for owner's project manager services must not exceed 3% of the total project cost, excluding land acquisition cost, as estimated in a third-party cost estimate documented in the total project cost developed based on a schematic design approved by the board of a school district or intermediate school district or the board of directors of a public school academy. The fee described in this subsection does not include land survey, geotechnical evaluation and investigation, aerial survey, third-party cost estimating, materials testing, commissioning agent, quality inspection agents, owner third-party consultants, or any other specialized consulting services requested by the board or board of directors and subcontracted by the owner's project manager on behalf of the board or board of directors. Compensation for an owner's project manager during planning, feasibility, and schematic design must be based on scope of services and associated fee, which must be payable monthly and must be captured within the owner's project manager total fee of not more than 3% of total project cost approved through the schematic design approved by the board or board of directors. Authorization for each subsequent design phase after schematic design and for the construction phase of the owner's project manager services will be negotiated and contracted timely with the advancement of the project by the board or board of directors.
(4) The board of a school district or intermediate school district or board of directors of a public school academy must use a qualifications-based selection process to procure the services of an owner's project manager under this section.
(5) As used in this section:
(a) "Owner's project manager" means an individual, corporation, limited liability company, partnership, sole proprietorship, joint stock company, joint venture, or other entity engaged in the practice of providing project management and project control services for the construction and oversight of building projects. The owner's project manager professional-in-charge is a person registered as a professional engineer with at least 10 years of experience in project management and project controls in the design, construction, and managing of building projects or, if not registered as a professional engineer, a graduate of an accredited engineering school with at least 15 years of relevant experience in project management and project controls in the design, construction, and managing of building projects. The owner's project manager is independent of the designer, general contractor, construction manager, and any subcontractor involved in the project.
(b) "School building" means either of the following:
(i) A building used primarily to provide instruction to pupils.
(ii) A recreational or athletic structure or field intended to be used by pupils.
