7 LONG TITLE
8 General Description:
9 This bill modifies advertising requirements for a school construction project.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies local school board advertising requirements related to a school
13 construction project; and
14 ▸ makes technical and conforming changes.
15 Money Appropriated in this Bill:
17 Other Special Clauses:
19 Utah Code Sections Affected:
21 53A-20-101, as last amended by Laws of Utah 2012, Chapters 86 and 347
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 53A-20-101 is amended to read:
25 53A-20-101. Construction and alteration of schools and plants -- Advertising for
26 bids -- Payment and performance bonds -- Contracts -- Bidding limitations on local
27 school boards -- Interest of local school board members.
28 (1) As used in this section, the word "sealed" does not preclude acceptance of
29 electronically sealed and submitted bids or proposals in addition to bids or proposals manually
30 sealed and submitted.
31 (2) (a) Prior to the construction of any school or the alteration of any existing school
32 plant, if the total estimated accumulative building project cost exceeds $80,000, a local school
33 board shall advertise for bids on the project at least 10 days before the bid due date.
40 (i) [
41 project are required to be sealed in accordance with plans and specifications [
42 provided by the local school board;
43 (ii) [
45 (iii) that the local school board reserves the right to reject any and all proposals; and
47 certified check or bid bond, of not less than 5% of the bid in the proposal, to accompany the
49 (c) The local school board shall publish the advertisement, at a minimum:
50 (i) on the local school board's website; or
51 (ii) on a state website that is:
52 (A) owned or managed by, or provided under contract with, the Division of Purchasing
53 and General Services; and
54 (B) available for the posting of public procurement notices.
55 (3) (a) The board shall meet at the time and place specified in the advertisement and
56 publicly open and read all received proposals.
57 (b) If satisfactory bids are received, the board shall award the contract to the lowest
58 responsible bidder.
59 (c) If none of the proposals are satisfactory, all shall be rejected.
60 (d) The board shall again advertise in the manner provided in this section.
61 (e) If, after advertising a second time no satisfactory bid is received, the board may
62 proceed under its own direction with the required project.
63 (4) (a) The check or bond required under Subsection (2)[
64 of the local school board.
65 (b) If the successful bidder fails or refuses to enter into the contract and furnish the
66 additional bonds required under this section, then the bidder's check or bond is forfeited to the
68 (5) A local school board shall require payment and performance bonds of the
69 successful bidder as required in Section 63G-6a-1103.
70 (6) (a) A local school board may require in the proposed contract that up to 5% of the
71 contract price be withheld until the project is completed and accepted by the board.
72 (b) If money is withheld, the board shall place it in an interest bearing account, and the
73 interest accrues for the benefit of the contractor and subcontractors.
74 (c) This money shall be paid upon completion of the project and acceptance by the
76 (7) (a) A local school board may not bid on projects within the district if the total
77 accumulative estimated cost exceeds $80,000.
78 (b) The board may use its resources if no satisfactory bids are received under this
80 (8) If the local school board determines in accordance with Section 63G-6a-1302 to use
81 a construction manager/general contractor as its method of construction contracting
82 management on projects where the total estimated accumulative cost exceeds $80,000, it shall
83 select the construction manager/general contractor in accordance with the requirements of Title
84 63G, Chapter 6a, Utah Procurement Code.
85 (9) A local school board member may not have a direct or indirect financial interest in
86 the construction project contract.