1. (a) Pursuant to RSA 198:15-c, III, a school district or charter school that accepts school building aid for construction shall engage the services of an owner’s project manager (OPM) for construction or reconstruction projects of $1,000,000 or more.

2. (b) The OPM shall provide the following services and have responsibilities including but not limited to the following:

   1. (1) Take and maintain or receive from the contractor photographic records of construction activities and project progress on a regular basis;
   2. (2) As requested by the superintendent of schools or charter school director, prepare and distribute reports to the superintendent of schools or charter school director from information provided by the architect and the contractor on the project budget, the status of the project schedule, and on general project information;
   3. (3) Submit quarterly reports to the department through the superintendent of schools or charter school director until a notice of completion has been submitted to the department in accordance with Ed 321.27;
   4. (4) Work with the assistance of the architect, the contractor, and other consultants to confirm that all permits necessary for construction of the project are obtained in a timely manner prior to the commencement of applicable construction and shall inform the superintendent of schools or charter school director of any failure to timely obtain such permits;
   5. (5) Coordinate the school district’s or charter school’s consultants and contractors on the design and purchase of items such as telephone, internet, and furniture;
   6. (6) Assist the school district or charter school in arranging for and overseeing the delivery, storage, protections, and security of any school-purchased materials, systems, and equipment that are part of the project until such items are incorporated into the project;
   7. (7) While being present on-site an average of 2 to 3 days a week during construction, observe the work of contractors and the quantity and quality of materials and equipment received and stored on-site to protect the school against defects, deficiencies, noncompliance with the contract documents, or failures of performance by contractors, including recommendations to avoid any potential cost overruns or delays caused by sequencing. These observations shall not be exhaustive and shall be supplemental to the architect’s responsibilities, obligations, and duties. The OPM’s presence shall not relieve the architect of responsibilities, obligations, and duties of the foregoing for site observations and for providing site inspection reports to the superintendent of schools or the charter school director and the OPM;
   8. (8) Review the inspection and test reports provided, with the recommendations of the architect, making recommendations to the superintendent of schools or charter school director and the architect regarding inspection and test results, and maintain copies of all inspection and test results;
   9. (9) Confer with the superintendent of schools or charter school director and the architect to resolve contractor’s suggestions and any problems or concerns that arise on the project;
   10. (10) Confer with the superintendent of schools or charter school director to resolve the architect’s suggestions and any problems or concerns that arise on the project;
   11. (11) In consultation with the superintendent of schools or charter school director and the architect, and with the review and written review comments of the architect, evaluate and make recommendations to the superintendent of schools or charter school director on change orders, including making investigations and recommendations on the value and validity of proposed change orders, and discussing proposed change orders with contractors;
   12. (12) Assist the architect in the architect’s duties to determine whether substantial completion and final completion have been achieved, assist in maximizing warranty deadlines, identify any items remaining to be completed or repaired regardless of whether the contractor has identified such items, and identify the cost to repair or complete remaining work;
   13. (13) Assist the architect in monitoring the contractor’s requirements to collect and catalog all operating and instruction manuals for equipment and building systems, and submit this information and all warranty documentation to the superintendent of schools or charter school director;
   14. (14) In consultation with the superintendent of schools or charter school director and in assisting the architect, coordinate close-out activities including the completion of deficiencies, submittals of close-out documents, resolution of change orders, and recommendations for payment of retainage;
   15. (15) Assist the superintendent of schools or charter school director to ensure the architect has gathered and submitted to the superintendent of schools or charter school director all project documentation including files, records, drawings, submittals, samples, and other information in an organized and usable form;
   16. (16) Assist the superintendent of schools or charter school director to ensure the architect, upon completion of the project, certifies that, to the best of their professional knowledge, the building conforms to the approved plans, specifications, and shop drawings; and
   17. (17) Continue to provide all applicable services listed in (1)-(16) above throughout construction and close-out until notice of completion has been submitted to the department in accordance with Ed 321.27.

3. (c) Minimum qualifications for an OPM shall include the following:

   1. (1) An architect or professional engineer registered by the state of New Hampshire with at least 5 years’ experience in the construction and supervision of construction of buildings; or
   2. (2) An individual with at least 7 years’ experience in the construction and supervision of construction of buildings.
4. (d) The OPM may be an individual currently employed by the school district or charter school so long as that individual can complete the requirements identified in this section.
5. (e) No individual or employee of any business which has a contract with the school district or charter school to complete any portion of the design or construction of the project shall be designated as the OPM.
6. (f) The OPM may be hired before entering into a contract for design services in order to represent the school throughout the design process, including assisting the superintendent of schools or charter school director with hiring the architect, analyzing the project feasibility, and selecting a project delivery system.
7. (g) Projects that do not involve the construction of a new building, an addition to an existing building, or a substantial renovation, as described in Ed 321.05, shall be exempt from (a)-(f) above.

Source. #14023, eff 7-12-24; ss by #14215, eff 3-14-25