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7 LONG TITLE
8 General Description:
9 This bill amends the definition of a design-build project in relation to building
10 improvements and public works projects.
11 Highlighted Provisions:
12 This bill:
13 ▸ amends the definition of a design-build project; and
14 ▸ makes technical and conforming changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 11-39-101, as last amended by Laws of Utah 2016, Chapter 176
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23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 11-39-101 is amended to read:
25 11-39-101. Definitions.
26 As used in this chapter:
27 (1) "Bid limit" means:
28 (a) for a building improvement:
29 (i) for the year 2003, $40,000; and
30 (ii) for each year after 2003, the amount of the bid limit for the previous year, plus an
31 amount calculated by multiplying the amount of the bid limit for the previous year by the lesser
32 of 3% or the actual percent change in the Consumer Price Index during the previous calendar
33 year; and
34 (b) for a public works project:
35 (i) for the year 2003, $125,000; and
36 (ii) for each year after 2003, the amount of the bid limit for the previous year, plus an
37 amount calculated by multiplying the amount of the bid limit for the previous year by the lesser
38 of 3% or the actual percent change in the Consumer Price Index during the previous calendar
39 year.
40 (2) "Building improvement":
41 (a) means the construction or repair of a public building or structure; and
42 (b) does not include construction or repair at an international airport.
43 (3) "Consumer Price Index" means the Consumer Price Index for All Urban
44 Consumers as published by the Bureau of Labor Statistics of the United States Department of
45 Labor.
46 (4) (a) "Design-build project"[
47 project [
48 provided for in a single contract with a contractor or combination of contractors capable of
49 providing design-build services[
50 (b) "Design-build project" does not include a building improvement or public works
51 project:
52 (i) that [
53 manager that guarantees the contract price and is at risk for any amount over the contract price;
54 and
55 (ii) each component of which is competitively bid.
56 (5) "Design-build services" means the engineering, architectural, and other services
57 necessary to formulate and implement a design-build project, including [
58 construction of the project.
59 (6) "Emergency repairs" means a building improvement or public works project
60 undertaken on an expedited basis to:
61 (a) eliminate an imminent risk of damage to or loss of public or private property;
62 (b) remedy a condition that poses an immediate physical danger; or
63 (c) reduce a substantial, imminent risk of interruption of an essential public service.
64 (7) "Governing body" means:
65 (a) for a county, city, town, or metro township, the legislative body of the county, city,
66 town, or metro township;
67 (b) for a local district, the board of trustees of the local district; and
68 (c) for a special service district:
69 (i) the legislative body of the county, city, or town that established the special service
70 district, if no administrative control board has been appointed under Section 17D-1-301; or
71 (ii) the administrative control board of the special service district, if an administrative
72 control board has been appointed under Section 17D-1-301.
73 (8) "Local district" has the same meaning as defined in Section 17B-1-102.
74 (9) "Local entity" means a county, city, town, metro township, local district, or special
75 service district.
76 (10) "Lowest responsive responsible bidder" means a prime contractor who:
77 (a) has submitted a bid in compliance with the invitation to bid and within the
78 requirements of the plans and specifications for the building improvement or public works
79 project;
80 (b) is the lowest bidder that satisfies the local entity's criteria relating to financial
81 strength, past performance, integrity, reliability, and other factors that the local entity uses to
82 assess the ability of a bidder to perform fully and in good faith the contract requirements;
83 (c) has furnished a bid bond or equivalent in money as a condition to the award of a
84 prime contract; and
85 (d) furnishes a payment and performance bond as required by law.
86 (11) "Procurement code" means the provisions of Title 63G, Chapter 6a, Utah
87 Procurement Code.
88 (12) "Public works project":
89 (a) means the construction of:
90 (i) a park or recreational facility; or
91 (ii) a pipeline, culvert, dam, canal, or other system for water, sewage, storm water, or
92 flood control; and
93 (b) does not include:
94 (i) the replacement or repair of existing infrastructure on private property;
95 (ii) construction commenced before June 1, 2003; and
96 (iii) construction or repair at an international airport.
97 (13) "Special service district" has the same meaning as defined in Section 17D-1-102.
Legislative Review Note
Office of Legislative Research and General Counsel