Maine Revised Statutes Title 5 Sec. 1753 – Employment of owner’s representative
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An owner’s representative may be employed to facilitate the construction of a school project under Title 20?A, chapter 609. For purposes of this section, “owner” means the school building committee. [PL 1993, c. 606, §2 (NEW).]
1. Representative’s relationship to owner. The owner’s representative may be an employee of the Bureau of General Services, an employee of the owner or an independent contractor. The owner’s representative’s responsibility is to act as an advisor to the owner. It is the responsibility of the owner’s representative to facilitate open communications among all parties, to help to avoid adversarial interactions and to promote a sense of trust and teamwork in order to accomplish the smooth execution of the project and to see that the project is completed at the lowest possible cost and highest degree of quality and workmanship that are consistent with the plans and specifications for the project.
[PL 1993, c. 606, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 5 Sec. 1753
- Contract: A legal written agreement that becomes binding when signed.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
2. Owner’s representative qualifications. The owner’s representative must be hired by the owner through an open advertising and interview process and is subject to final approval by the Director of the Bureau of General Services.
[PL 1993, c. 606, §2 (NEW).]
3. Representative’s responsibilities. The responsibilities of the owner’s representative are, without limitation, to:
A. Prepare for and attend meetings with the owner or a committee representing the owner, prepare minutes of those meetings, maintain a noncommercial history of the building project, submit comments on the budget for the project and maintain project files; [PL 1993, c. 606, §2 (NEW).]
B. Provide guidance to the owner in the selection of an architect or an engineer in accordance with the architect and engineering services procurement process as administered by the Bureau of General Services; [PL 1993, c. 606, §2 (NEW).]
C. Attend a preplanning orientation with the owner, architect and engineer; [PL 1993, c. 606, §2 (NEW).]
D. Attend and participate in meetings with the owner, architect and engineer concerning space requirements, design considerations, cost-containment strategies, energy efficiency considerations, any special requirements and also the review of schematic designs and preliminary and final plans; [PL 1993, c. 606, §2 (NEW).]
E. Assist the owner in securing the necessary governmental permits or approvals; [PL 1993, c. 606, §2 (NEW).]
F. Assist the owner in reviewing bid responses; [PL 1993, c. 606, §2 (NEW).]
G. Assist the owner in contract negotiations; and [PL 1993, c. 606, §2 (NEW).]
H. Meet with the owner regularly to review and discuss project progress. [PL 1993, c. 606, §2 (NEW).]
The owner may expand or reduce the scope of the owner’s representative’s responsibilities through a contract, so long as that contract conforms to the overall relationship established in subsection 1.
[PL 1993, c. 606, §2 (NEW).]
4. Owner’s representative an allowable cost. For purposes of this section, the owner’s representative is a subsidizable cost eligible for subsidy in accordance with Title 20?A, sections 15672 and 15901 only if the local unit pays 50% of the costs of the employment of an owner’s representative.
[PL 2005, c. 683, Pt. B, §1 (AMD).]
5. Report required. A school unit employing an owner’s representative under this section shall provide a report to the Bureau of General Services describing the effectiveness of an owner’s representative to a project. The Bureau of General Services shall provide the joint standing committee of the Legislature having jurisdiction over state and local government matters with an annual report on the employment of an owner’s representative, including the written comments from each school unit that has chosen to employ an owner’s representative under this section.
[PL 1997, c. 186, §1 (AMD).]
6. Sunset.
[PL 1997, c. 186, §2 (RP).]
SECTION HISTORY
PL 1993, c. 606, §2 (NEW). PL 1997, c. 186, §§1,2 (AMD). PL 2005, c. 683, §B1 (AMD).