S.J.R. 5

1

RESOLUTION APPROVING CONTRACT FOR
2 STATE CAPITOL RENOVATION
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: L. Alma Mansell
6
7 LONG TITLE
8 General Description:
9 This resolution authorizes the Capitol Preservation Board and its executive director to
10 execute contracts governing the entire capitol building project.
11 Highlighted Provisions:
12 This resolution:
13 . authorizes the Capitol Preservation Board and its executive director to execute
14 contracts with contractors and subcontractors to perform the work required on the
15 entire capitol construction project, even though the amounts due under those
16 contracts will be greater than the amount that the Legislature has appropriated for
17 that particular fiscal year for the project;
18 . prohibits the Capitol Preservation Board and its executive director from making
19 payments or other expenditures under the contract that are greater than the amount
20 of funds made available by the Legislature for any fiscal year from bond proceeds or
21 appropriations; and
22 . requires the Capitol Preservation Board and its executive director to make certain
23 reports about project funding and status to the Legislature's Executive
24 Appropriations Committee.
25 Special Clauses:
26 None
27

28 Be it resolved by the Legislature of the state of Utah:
29 WHEREAS, the state of Utah is engaged in a comprehensive five-year construction
30 project on capitol hill that involves base isolation, stabilization, and remodeling of the state
31 capitol;
32 WHEREAS, the Legislature has chosen to fund the project in phases, appropriating the
33 estimated cash flow required for the project projected annually by the Capitol Preservation
34 Board executive director, which will result in the Legislature funding only a portion of the total
35 costs of the project each year;
36 WHEREAS, it is unclear whether or not the Capitol Preservation Board and its
37 executive director have the authority under the Utah Code to enter into contracts for an entire
38 construction project when only a portion of the construction project has been funded by the
39 Legislature; and
40 WHEREAS, it is more cost efficient and will result in a more seamless, consistent, and
41 higher quality end product if the state contracts with the same contractors and subcontractors to
42 work on the entire five-year project:
43 NOW, THEREFORE, BE IT RESOLVED that the Capitol Preservation Board and its
44 executive director be authorized to execute contracts with contractors and subcontractors to
45 perform the work required on the entire construction project, even though the amounts due
46 under those contracts will be greater than the amount that the Legislature has appropriated for
47 that particular fiscal year for the project.
48 BE IT FURTHER RESOLVED that the Capitol Preservation Board and its executive
49 director may not make payments or other expenditures under the contract greater than the
50 amount of funds made available by the Legislature for any fiscal year from bond proceeds or
51 appropriations.
52 BE IT FURTHER RESOLVED that the Capitol Preservation Board and its executive
53 director shall, no later than December 31 of each year, report on the funding needs for the
54 project for the next fiscal year and on the status of the project to the Legislature's Interim
55 Executive Appropriations Committee.
56 BE IT FURTHER RESOLVED that copies of this resolution be sent to the chair of the
57 Capital Preservation Board and its executive director.

Legislative Review Note
as of 1-17-05 10:03 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel