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