2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 6 - Design and Construction › Section 609 - Expenditure of appropriated funds supervised by director -- Contingencies -- Disposition of project reserve funds -- Set aside for Utah Percent-for-Art Program.

Effective 5/12/2020
63A-5b-609.
Expenditure of appropriated funds supervised by director -- Contingencies -- Disposition of project reserve funds -- Set aside for Utah Percent-for-Art Program.
(1) The director shall:
(a)
(i) supervise the expenditure of funds in providing plans, engineering specifications, sites, and construction of the buildings for which legislative appropriations are made; and
(ii) specifically allocate money appropriated if more than one project is included in any single appropriation without legislative directive;
(b)
(i) expend the amount necessary from appropriations for planning, engineering, and architectural work; and
(ii)
(A) allocate amounts from appropriations necessary to cover expenditures previously made from the planning fund under Section 63A-5b-503 in the preparation of plans, engineering, and specifications; and
(B) return the amounts described in Subsection (1)(b)(ii)(A) to the planning fund; and
(c) hold in a statewide contingency reserve the amount budgeted for contingencies:
(i) in appropriations for the construction or remodeling of facilities; and
(ii) that are over and above all amounts obligated by contract for planning, engineering, architectural work, sites, and construction contracts.
(2)
(a) The director shall base the amount budgeted for contingencies on a sliding scale percentage of the construction cost ranging from:
(i) 4-1/2% to 6-1/2% for new construction; and
(ii) 6% to 9-1/2% for remodeling projects.
(b) The director shall hold the statewide contingency funds to cover:
(i) costs of change orders; and
(ii) unforeseen, necessary costs beyond those specifically budgeted for the project.
(c)
(i) The Legislature shall annually review the percentage and the amount held in the statewide contingency reserve.
(ii) The Legislature may reappropriate to other building needs, including the cost of administering building projects, any amount from the statewide contingency reserve that is in excess of the reserve required to meet future contingency needs.
(3)
(a) The director shall hold in a separate project reserve state appropriated funds accrued through bid savings and project residual.
(b) The director shall account for the funds accrued under Subsection (3)(a) in separate accounts as follows:
(i) bid savings and project residual from a capital improvement project, as defined in Section 63A-5b-401; and
(ii) bid savings and project residual from a capital development project, as defined in Section 63A-5b-401.
(c) The director may use project reserve funds in the account described in Subsection (3)(b)(i) for a capital improvement project:
(i) approved under Section 63A-5b-405; and
(ii) for which funds are not allocated.
(d) The director may:
(i) authorize the use of project reserve funds in the accounts described in Subsection (3)(b) for the award of contracts in excess of a project's construction budget if the use is required to meet the intent of the project;
(ii) transfer money from the account described in Subsection (3)(b)(i) to the account described in Subsection (3)(b)(ii) if a capital development project has exceeded its construction budget; and
(iii) use project reserve funds for any emergency capital improvement project, whether or not the emergency capital improvement project is related to a project that has exceeded its construction budget.
(e) The director shall report to the Office of the Legislative Fiscal Analyst within 30 days:
(i) an expenditure under Subsection (3)(c); or
(ii) a transfer under Subsection (3)(d).
(f) The Legislature shall annually review the amount held in the project reserve for possible reallocation by the Legislature to other building needs, including the cost of administering building projects.
(4) If any part of the appropriation for a building project, other than the part set aside for the Utah Percent-for-Art Program under Title 9, Chapter 6, Part 4, Utah Percent-for-Art Act, remains unencumbered after the award of construction and professional service contracts and establishing a reserve for fixed and moveable equipment, the balance of the appropriation is dedicated to the project reserve and does not revert to the General Fund.
(5)
(a)
(i) One percent of the amount appropriated for the construction of any new state building or facility may be appropriated and set aside for the Utah Percent-for-Art Program administered by the Division of Fine Arts under Title 9, Chapter 6, Part 4, Utah Percent-for-Art Act.
(ii) The total amount appropriated under Subsection (5)(a)(i) may not exceed $200,000.
(b) The director shall release to the Division of Fine Arts any funds included in an appropriation to the division that are designated by the Legislature for the Utah Percent-for-Art Program.
(c) Funds from appropriations for a state building or facility may not be set aside:
(i) if any part of the funds is derived from the issuance of bonds; and
(ii) to the extent the set aside of funds would jeopardize the federal income tax exemption otherwise allowed for interest paid on bonds.
Renumbered and Amended by Chapter 152, 2020 General Session
Amended by Chapter 261, 2020 General Session