THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GROVE, BOYD, EVERETT, FLECK, HARKINS, HORNAMAN, KORTZ, PAYTON, PYLE, SCAVELLO, VULAKOVICH, WAGNER AND WATSON, JANUARY 26, 2011

REFERRED TO COMMITTEE ON EDUCATION, JANUARY 26, 2011  

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," further providing for approved

reimbursable rental for certain leases and approved

reimbursable sinking fund charges on indebtedness.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2574(b)(1) and (c)(1) of the act of March

10, 1949 (P.L.30, No.14), known as the Public School Code of

1949, added March 22, 1956 (1955 P.L.1315, No.417), are amended

and the section is amended by adding a subsection to read:

Section 2574.  Approved Reimbursable Rental for Leases

Hereafter Approved and Approved Reimbursable Sinking Fund

Charges on Indebtedness.--* * *

(b)  For new school buildings the approved building

construction cost shall be the lesser of

(1)  The cost of constructing the school buildings including

the cost of essential fixtures and equipment and the cost of

employing or contracting with a construction manager, clerk-of-

the-works or other construction administrator to provide

professional construction management services but excluding

architect's fees in excess of six per cent (6%) of the contract

price, or

* * *

(c)  For additions [or], alterations or improvements,

including, but not limited to, capital improvements related to

school safety to existing buildings, approved building

construction cost shall be the lesser of

(1)  The cost of constructing the additions [or], alterations

or improvements, including, but not limited to, capital

improvements related to school safety, including the cost of

essential fixtures and equipment and the cost of employing or

contracting with a construction manager, clerk-of-the-works or

other construction administrator to provide professional

construction management services but excluding architect's fees

in excess of six per cent (6%) of the contract price, or

* * *

(g)  For purposes of this section, "professional construction

management services" shall include:

(1)  Services provided in the planning and preconstruction

phases of a construction project including, but not limited to,

advising, assisting and making recommendations to the school

district on all aspects of planning for project construction;

reviewing all plans and specifications as they are being

developed and making recommendations with respect to

construction feasibility, availability of material and labor,

time requirements for procurement and construction and projected

costs; analyzing the bids received; and preparing and

maintaining a progress schedule during the design phase of the

project; and

(2)  Services provided in the construction phase of the

project including, but not limited to, acting as the district's

representative in managing the construction process;

establishing procedures for coordinating among the school

district, architect or engineer and contractors with respect to

all aspects of the project and implementing those procedures;

maintaining job site records and making appropriate progress

reports; making recommendations and processing requests for

changes in the work and maintaining records of change orders;

ensuring orderly progress of the work; developing and monitoring

a project progress schedule; coordinating and expediting the

work of all contractors and providing periodic status reports to

the school district; and conducting meetings to review costs.

Section 2.  This act shall take effect in 60 days.