First Substitute H.B. 72

1

PROCUREMENT OF ARCHITECT, ENGINEER, OR
2 SURVEYOR SERVICES BY POLITICAL SUBDIVISIONS
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: A. Lamont Tyler
6 AN ACT RELATING TO CITIES AND TOWNS, COUNTIES, AND SPECIAL DISTRICTS;
7 ESTABLISHING HIRING REQUIREMENTS AND PROCEDURES FOR
8 MUNICIPALITIES, COUNTIES, AND SPECIAL DISTRICTS THAT ENGAGE THE
9 SERVICES OF A PROFESSIONAL ARCHITECT, ENGINEER, OR SURVEYOR; AND
10 MAKING TECHNICAL CORRECTIONS.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 10-7-86, as enacted by Chapter 75, Laws of Utah 1980
14 17-5-273, as renumbered and amended by Chapter 147, Laws of Utah 1994
15 17-23-1, as last amended by Chapter 101, Laws of Utah 1996
16 63-56-2, as last amended by Chapter 232, Laws of Utah 1993
17 ENACTS:
18 17A-1-801, Utah Code Annotated 1953
19 Be it enacted by the Legislature of the state of Utah:
20 Section 1. Section 10-7-86 is amended to read:
21 10-7-86. Municipality may adopt Utah Procurement Code -- Hiring of professional
22 architect, engineer, or surveyor.
23 (1) The governing body of any municipality may adopt any or all of the provisions of [the]
24 Title 63, Chapter 56, Utah Procurement Code, [Sections 63-56-1 et seq.,] or the rules [and
25 regulations] promulgated pursuant [thereto] to that code.
26 (2) Notwithstanding Subsection (1), the governing body of each municipality that engages
27 the services of a professional architect, engineer, or surveyor and considers more than one such

1 professional for the engagement:
2 (a) shall consider, as a minimum, in the selection process:
3 (i) the qualifications, experience, and background of each firm submitting a proposal;
4 (ii) the specific individuals assigned to the project and the time commitments of each to
5 the project; and
6 (iii) the project schedule and the approach to the project that the firm will take; and
7 (b) may engage the services of a professional architect, engineer, or surveyor based on the
8 criteria under Subsection (2)(a) rather than solely on lowest cost.
9 Section 2. Section 17-5-273 is amended to read:
10 17-5-273. County may adopt Utah Procurement Code -- Hiring of professional
11 architect, engineer, or surveyor.
12 (1) The county legislative body of [each] any county may adopt any or all of the provisions
13 of [the] Title 63, Chapter 56, Utah Procurement Code, [Sections 63-56-1 et seq.,] or the rules [and
14 regulations] promulgated pursuant [thereto] to that code.
15 (2) Notwithstanding Subsection (1), the legislative body of each county that engages the
16 services of a professional architect, engineer, or surveyor and considers more than one such
17 professional for the engagement:
18 (a) shall consider, as a minimum, in the selection process:
19 (i) the qualifications, experience, and background of each firm submitting a proposal;
20 (ii) the specific individuals assigned to the project and the time commitments of each to
21 the project; and
22 (iii) the project schedule and the approach to the project that the firm will take; and
23 (b) may engage the services of a professional architect, engineer, or surveyor based on the
24 criteria under Subsection (2)(a) rather than solely on lowest cost.
25 Section 3. Section 17-23-1 is amended to read:
26 17-23-1. Duties of county surveyor -- Election requirements -- Contract option.
27 (1) (a) The office of the county surveyor in each county shall be filled by election and
28 except as provided in Subsection (b), the county surveyor shall be a registered professional land
29 surveyor in the state.
30 (b) In a county where the office of county surveyor is consolidated with another elected
31 office, the officeholder need not be a registered professional land surveyor, but all surveying work

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1 must be performed by a registered professional land surveyor.
2 (c) In a county where there is no elected county surveyor, the county executive or
3 legislative body may, consistent with Subsection 17-5-273(2), contract with a registered
4 professional land surveyor to perform those duties.
5 (2) The county surveyor shall execute:
6 (a) all orders directed to the surveyor by any court; and
7 (b) all orders of survey required by the county executive or county legislative body.
8 (3) (a) The surveyor of each county shall:
9 [(a)] (i) advise the county executive and county legislative body regarding all surveying
10 work;
11 [(b)] (ii) perform or arrange for the performance of all surveying work for the county;
12 [(c)] (iii) keep a fair and accurate record of all surveys made, including legal descriptions
13 and geographic coordinates, all surveys received pursuant to Section 17-23-17, and all corner files
14 received pursuant to Section 17-23-17.5;
15 [(d)] (iv) number progressively all surveys received and state by whom and for whom the
16 surveys were made;
17 [(e)] (v) deliver a copy of any survey to any person or court requiring the survey after the
18 payment of the fee established by the county legislative body;
19 [(f)] (vi) ensure that all surveys of legal subdivisions of sections are made according to the
20 current United States Manual of Surveying Instructions;
21 [(g)] (vii) verify the correctness of or establish correct coordinates for all survey reference
22 monuments set in place and shown on all subdivision maps and plats which have a spatial
23 relationship with any section or quarter section corner; and
24 [(h)] (viii) perform other duties required by law.
25 (b) In arranging for the performance of surveying work for the county under Subsection
26 (3)(a)(ii), a surveyor may comply with Subsection 17-5-273(2).
27 (4) (a) The county surveyor or his designee shall establish all corners of government
28 surveys and reestablish all corners of government surveys where corners have been destroyed and
29 where witness markers or other evidences of the government corners remain so that the corners
30 established by government survey can be positively located.
31 (b) The corners shall be reestablished in the manner provided in Section 17-23-13 for

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1 establishing corners.
2 (c) The county surveyor shall keep a separate record of the established and reestablished
3 corners of government surveys, giving the date and names of persons present and shall provide
4 those records to his successor when he vacates his office.
5 (d) Established or reestablished corners shall be recognized as the legal and permanent
6 corners.
7 (5) The county executive or legislative body may direct the county surveyor or his staff
8 to perform engineering and architectural work if the county surveyor or his staff is qualified and
9 licensed to perform that work.
10 Section 4. Section 17A-1-801 is enacted to read:
11 17A-1-801. Hiring of professional architect, engineer, or surveyor.
12 Notwithstanding Subsection 63-56-2(3)(d), each special district board that engages the
13 services of a professional architect, engineer, or surveyor and considers more than one such
14 professional for the engagement:
15 (1) shall consider, as a minimum, in the selection process:
16 (a) the qualifications, experience, and background of each firm submitting a proposal;
17 (b) the specific individuals assigned to the project and the time commitments of each to
18 the project; and
19 (c) the project schedule and the approach to the project that the firm will take; and
20 (2) may engage the services of a professional architect, engineer, or surveyor based on the
21 criteria under Subsection (1) rather than solely on lowest cost.
22 Section 5. Section 63-56-2 is amended to read:
23 63-56-2. Application of chapter.
24 (1) This chapter applies only to contracts solicited or entered into after the effective date
25 of this chapter unless the parties agree to its application to a contract solicited or entered into prior
26 to the effective date.
27 (2) Except as provided in Section 63-56-3, this chapter shall apply to every expenditure
28 of public funds irrespective of their source, including federal assistance, by any state agency under
29 any contract.
30 (3) (a) Only the following sections shall apply to local public procurement units: Sections
31 63-56-3, 63-56-5, 63-56-16, 63-56-19 through 63-56-33, 63-56-35.5, 63-56-36 through 63-56-41,

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1 63-56-45 through 63-56-50, and 63-56-59 through 63-56-63; provided, however, that, except as
2 provided in Sections 63-56-70 and 63-56-71, the jurisdiction of the procurement appeals board is
3 limited to matters involving state agencies.
4 (b) Subsection 63-56-14(1)(b) also applies to local public procurement units.
5 (c) For the purpose of application of those sections and subsections to a local public
6 procurement unit, "state" shall mean "local public procurement unit," "chief procurement officer"
7 or "head of a purchasing agency" shall mean any person conducting procurement for a local public
8 procurement unit, and "rules and regulations" shall mean ordinances and rules and regulations
9 promulgated by a local public procurement unit to implement or supplement those sections.
10 (d) In addition to the sections and subsections listed above and except as provided in
11 Section 17A-1-801 relating to special districts, each local public procurement unit shall adopt
12 ordinances relating to the procurement of architect-engineer services not inconsistent with the
13 provisions of Part G of this chapter.
14 (e) Any other section of this chapter, or its implementing regulations, may be adopted by
15 any local public procurement unit.
16 (f) Any other implementing regulations adopted by local public procurement units may
17 not be inconsistent with the provisions of this chapter.
18 (4) Unless otherwise provided by statute, this chapter does not apply to procurement of
19 real property.

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