{"data":{"id":"us-ut/utah-code-63a-5b-1213","jurisdiction":"us-ut","citation":"Utah Code § 63A-5b-1213","heading":"Division-managed construction services.","body":"(1) The division may provide comprehensive construction management services to an LEA, including:\n(a) project procurement and contractor selection;\n(b) construction oversight and inspection coordination;\n(c) cost management and change order approval;\n(d) compliance verification and quality assurance;\n(e) project scheduling and milestone management; and\n(f) architect and design professional services when required under Section 63A-5b-1204 or requested by an LEA.\n(2) An LEA may request division construction management services for:\n(a) any project exceeding $3,500,000 in total cost;\n(b) complex projects requiring specialized expertise; or\n(c) projects where the LEA lacks sufficient internal capacity.\n(3) The division shall provide construction management services when:\n(a) requested by an LEA and capacity allows; or\n(b) an LEA has demonstrated repeated compliance failures.\n(4)\n(a) The division shall establish a cost structure for managed services where:\n(i) the LEA reimburses the division for all direct project costs;\n(ii) administrative fees do not exceed:\n(A) 3% of total project cost; and\n(B) for projects under $3,500,000, the actual cost of providing management services in relation to the specific project; and\n(iii) fee schedules are published annually in division rules.\n(b) The division shall ensure:\n(i) the administrative fee structure for division-managed projects includes the construction oversight fee required by Section 63A-5b-1214; and\n(ii) an LEA may not pay duplicative fees.\n(c) The division shall provide an LEA with a detailed fee breakdown showing:\n(i) additional direct project management costs; and\n(ii) the total administrative fee percentage.\n(5) The division shall ensure that for division-managed projects:\n(a) the division assumes full responsibility for code compliance;\n(b) all procurement follows state procurement rules;\n(c) the LEA retains authority over educational program requirements; and\n(d) regular progress and financial reports are provided to the LEA governing board as defined in Section 53E-1-102.\n(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.","path":["Title 63A Utah Government Operations Code","Chapter 63A-5b Administration of State Facilities","Part 63A-5b-12 Public School Construction Oversight"],"source_url":"https://le.utah.gov/xcode/Title63A/Chapter5b/63A-5b-S1213.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"c5bb165acd488b5f4038c74c6c989894e3be52f7bac6cd4bf110fa04044020df","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-63a-5b-1212","next":"us-ut/utah-code-63a-5b-1214"},"notice":"GroundRules: Original legal text. Not legal advice."}
