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Second Substitute S.B. 155
8 LONG TITLE
9 General Description:
10 This bill amends requirements for a local entity to undertake a building improvement or
11 public works project.
12 Highlighted Provisions:
13 This bill:
14 . authorizes a municipality to adopt procedures of Title 63G, Chapter 6, Utah
15 Procurement Code, with certain exceptions;
16 . authorizes a local entity to adopt procedures for certain construction methods; and
17 . makes technical corrections.
18 Money Appropriated in this Bill:
20 Other Special Clauses:
22 Utah Code Sections Affected:
24 11-39-107, as last amended by Laws of Utah 2008, Chapter 382
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 11-39-107 is amended to read:
28 11-39-107. Procurement code.
29 (1) This chapter may not be construed to:
30 (a) prohibit a county or municipal legislative body from adopting the procedures of the
31 procurement code; or
32 (b) limit the application of the procurement code to a local district or special service
34 (2) A local entity may adopt procedures for the following construction contracting
36 (a) construction manager/general contractor, as defined in Section 63G-6-103 ; or
37 (b) a method that requires that the local entity draft a plan, specifications, and an
38 estimate for the building improvement or public works project.
40 public works project, a county or a municipal legislative body may elect to follow the
41 provisions of the procurement code, as the county or municipal legislative body considers
42 appropriate under the circumstances, for specification preparation, source selection, or contract
44 (b) A county or municipal legislative body's election to adopt the procedures of the
45 procurement code may not excuse the county or municipality, respectively, from complying
46 with the requirements to award a contract for work in excess of the bid limit and to publish
47 notice of the intent to award.
48 (c) An election under Subsection [
49 unless the county or municipality has previously adopted the procurement code as permitted by
50 Subsection 63G-6-104 (3)(e).
51 (d) The county or municipal legislative body shall:
52 (i) make each election under Subsection [
53 (ii) specify in its action the portions of the procurement code to be followed.
55 proposed by a local district or special service district exceeds the bid limit, the governing body
56 of the local district or special service district may, if it determines to proceed with the building
57 improvement or public works project, use the competitive procurement procedures of the
58 procurement code in place of the comparable provisions of this chapter.
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