63A-5b-1213. Division-managed construction services.

334 words·~2 min read·/ut/title-63a/chapter-5b/63a-5b-1213

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2026

(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.

(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 .

Enacted by Chapter 225 , 2026 General Session