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7 LONG TITLE
8 General Description:
9 This bill amends requirements for a local education agency related to school
10 construction.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ requires a local education agency (LEA) to appoint an employee of the LEA or a
15 contracted person to oversee a school construction project;
16 ▸ provides requirements for a person who oversees a school construction project;
17 ▸ requires an LEA to receive at least three proposals for an architect and three bids for
18 a contractor for a school construction project;
19 ▸ prohibits an LEA from issuing a single contract for design services and contractor
20 services for a school construction project with certain exceptions;
21 ▸ requires the State Board of Education to make rules; and
22 ▸ makes technical and conforming changes.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:
28 AMENDS:
29 53E-3-702, as last amended by Laws of Utah 2019, Chapter 186
30 53E-3-703, as last amended by Laws of Utah 2019, Chapter 186
31 53E-3-707, as last amended by Laws of Utah 2019, Chapter 186
32 53E-3-708, as renumbered and amended by Laws of Utah 2018, Chapter 1
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 53E-3-702 is amended to read:
36 53E-3-702. State board to adopt public school construction guidelines.
37 (1) As used in this section, "public school construction" means construction work on a
38 new public school.
39 (2) (a) The state board shall:
40 (i) adopt guidelines for public school construction; and
41 (ii) consult with the Division of Facilities Construction and Management
42 Administration on proposed guidelines before adoption.
43 (b) The state board shall ensure that guidelines adopted under Subsection (2)(a)(i)
44 maximize funds used for public school construction and reflect efficient and economic use of
45 those funds, including adopting guidelines that address a school's essential needs rather than
46 encouraging or endorsing excessive costs per square foot of construction or nonessential
47 facilities, design, or furnishings.
48 (3) Before a school district or charter school may begin public school construction, the
49 school district or charter school shall:
50 (a) review the guidelines adopted by the state board under this section; and
51 (b) take into consideration the guidelines when planning the public school
52 construction.
53 (4) In adopting the guidelines for public school construction, the state board shall
54 consider the following and adopt alternative guidelines as needed:
55 (a) location factors, including whether the school is in a rural or urban setting, and
56 climate factors;
57 (b) variations in guidelines for significant or minimal projected student population
58 growth;
59 (c) guidelines specific to schools that serve various populations and grades, including
60 high schools, junior high schools, middle schools, elementary schools, alternative schools, and
61 schools for people with disabilities; and
62 (d) year-round use.
63 (5) The guidelines shall address the following:
64 (a) square footage per student;
65 (b) minimum and maximum required real property for a public school;
66 (c) athletic facilities and fields, playgrounds, and hard surface play areas;
67 (d) cost per square foot;
68 (e) minimum and maximum qualities and costs for building materials;
69 (f) design efficiency;
70 (g) parking;
71 (h) furnishing;
72 (i) proof of compliance with applicable building codes; and
73 (j) safety.
74 (6) The state board shall establish in rule, in accordance with Title 63G, Chapter 3,
75 Utah Administrative Rulemaking Act, an amount of money for a building project cost
76 threshold that applies to the requirements described in Section 53E-3-703.
77 Section 2. Section 53E-3-703 is amended to read:
78 53E-3-703. Construction and alteration of schools and plants -- Advertising for
79 bids -- Payment and performance bonds -- Contracts -- Bidding limitations on local
80 school boards -- Interest of local school board members.
81 (1) As used in this section[
82 (a) "cost threshold" means the amount of money established by the state board in rule
83 under Section 53E-3-702; and
84 (b) "sealed" does not preclude acceptance of electronically sealed and submitted bids or
85 proposals in addition to bids or proposals manually sealed and submitted.
86 (2) (a) [
87 school plant, if the total estimated accumulative building project cost exceeds [
88 cost threshold, a local school board shall advertise for bids for an architect and a contractor on
89 the project at least 10 days before the bid due date.
90 (b) The advertisement for the construction project described in Subsection (2)(a) shall
91 state:
92 (i) that proposals for the building project are required to be sealed in accordance with
93 plans and specifications provided by the local school board;
94 (ii) where and when the local school board will open the proposals [
95 (iii) that the local school board reserves the right to reject any and all proposals; and
96 (iv) that a person that submits a proposal is required to submit a certified check or bid
97 bond, of not less than 5% of the bid in the proposal, to accompany the proposal.
98 (c) The local school board shall publish the advertisement described in Subsection
99 (2)(b), at a minimum:
100 (i) on the local school board's website; or
101 (ii) on a state website that is:
102 (A) owned or managed by, or provided under contract with, the Division of Purchasing
103 and General Services; and
104 (B) available for the posting of public procurement notices.
105 (3) (a) The local school board shall:
106 (i) meet at the time and place specified in the advertisement described in Subsection
107 (2)(b); and
108 (ii) publicly open and read all received proposals for the construction project described
109 in Subsection (2)(a).
110 (b) [
111 board shall award the contract to the lowest responsive and responsible bidder.
112 (c) If none of the proposals are satisfactory, [
113 board shall reject all the proposals.
114 (d) The local school board [
115 described in Subsection (2)(a) in the manner provided in this section.
116 (e) If, after advertising a second time in accordance with Subsection (3)(d), no
117 satisfactory bid is received or fewer than three bids are received, the local school board may:
118 (i) if no satisfactory bid is received, proceed under [
119 direction with the required project[
120 (ii) if fewer than three bids are received, select one of the received bids.
121 (4) (a) The check or bond required under Subsection (2)(b) shall be drawn in favor of
122 the local school board.
123 (b) If the successful bidder fails or refuses to enter into the contract and furnish the
124 additional bonds required under this section, then the bidder's check or bond is forfeited to the
125 district.
126 (5) A local school board shall require payment and performance bonds of the
127 successful bidder as required in Section 63G-6a-1103.
128 (6) (a) A local school board may require in the proposed contract that up to 5% of the
129 contract price be withheld until the project is completed and accepted by the local school
130 board.
131 (b) If money is withheld[
132 (i) the local school board shall place [
133 account[
134 (ii) the interest accrues for the benefit of the contractor and subcontractors.
135 (c) [
136 the project and acceptance by the local school board.
137 (7) (a) [
138 use the local school board's resources on projects within the district if the total accumulative
139 estimated cost exceeds [
140 (b) The local school board may use [
141 satisfactory bids are received under this section.
142 (8) [
143 with Section 63G-6a-1302 to use a construction manager/general contractor as [
144 school board's method of construction contracting management on projects where the total
145 estimated accumulative cost exceeds [
146 shall select the construction manager/general contractor in accordance with the requirements of
147 Title 63G, Chapter 6a, Utah Procurement Code.
148 (9) (a) If a local school board receives fewer than three proposals for an architect or
149 fewer than three bids for a general contractor for a school building project, the local school
150 board may reissue the advertisement in accordance with Subsections (2)(b) and (c).
151 (b) If, after advertising a second time in accordance with Subsection (9)(a), no
152 satisfactory bid is received or fewer than three bids are received, the local school board may:
153 (i) if no satisfactory bid is received, proceed under the local school board's own
154 direction with the project; or
155 (ii) if fewer than three bids are received, select one of the received bids.
156 [
157 interest in the construction project contract.
158 Section 3. Section 53E-3-707 is amended to read:
159 53E-3-707. School building construction and inspection manual -- Annual
160 construction and inspection conference -- Verification of school construction inspections.
161 (1) As used in this section, "local education agency" or "LEA" means:
162 (a) a school district; or
163 (b) a charter school.
164 [
165 distribute to each school district a school building construction and inspection resource manual.
166 (b) The manual shall be provided to a charter school upon request of the charter school.
167 [
168 (i) current legal requirements; and
169 (ii) information on school building construction and inspections, including the
170 guidelines adopted by the state board in accordance with Section 53E-3-702.
171 (b) The state superintendent shall review and update the manual at least once every
172 three years.
173 [
174 allow a representative from each [
175 (a) receive current information on the design, construction, and inspection of school
176 buildings;
177 (b) receive training on such matters as:
178 (i) using properly certified building inspectors;
179 (ii) filing construction inspection summary reports and the final inspection certification
180 with the local governmental authority's building official;
181 (iii) the roles and relationships between [
182 and the local governmental authority, either a county or municipality, as related to the
183 construction and inspection of school buildings; and
184 (iv) adequate documentation of school building inspections; and
185 (c) provide input on any changes that may be needed to improve the existing school
186 building inspection program.
187 [
188 inspectors occur in each [
189 (6) An LEA shall:
190 (a) appoint a person to have direct administrative and operational control of all
191 construction, renovation, and inspection of public school facilities within the LEA; and
192 (b) ensure that the person appointed under Subsection (6)(a) has:
193 (i) knowledge of building construction and repair, safety precautions, building trades,
194 contracting procedures, and laws pertaining to construction; and
195 (ii) the ability to oversee building construction projects, read and interpret blueprints,
196 maintain standards of quality, and evaluate construction or design problems and suggest
197 solutions.
198 (7) To fulfill the requirements described in Subsection (6), an LEA may:
199 (a) appoint an employee of the LEA; or
200 (b) in accordance with Title 63G, Chapter 6a, Utah Procurement Code, contract with a
201 person who is not an employee of the LEA.
202 Section 4. Section 53E-3-708 is amended to read:
203 53E-3-708. Licensed architect to prepare plans.
204 (1) As used in this section:
205 (a) "Cost threshold" means the same as that term is defined in Section 53E-3-703.
206 (b) "Design build" means the same as that term is defined in Section 63G-6-103.
207 (2) A licensed architect shall prepare the plans and specifications for the construction
208 or alteration of school buildings.
209 (3) (a) Except as provided in Subsection (3)(b), a local school board:
210 (i) shall procure architecture services for a school construction project separately from
211 procuring general contracting or other construction services; and
212 (ii) may not issue a design build contract for a school construction project.
213 (b) Notwithstanding Subsection (3)(a), a local school board may issue a design build
214 contract for a construction project if the total estimated accumulative building project cost
215 exceeds the cost threshold if the local school board:
216 (i) solicits separate advertisements for architecture services and construction; and
217 (ii) compares the fiscal impact difference between the design build contract and
218 procuring separate contracts for architecture and construction services.
219 (4) (a) Notwithstanding Section 53E-3-703, a local school board may procure
220 architecture services without advertising for bids or receiving a certain number of bids if the
221 local school board procures the architecture services:
222 (i) to adjust a pre-existing design that any local school board has used for a previous
223 construction project; and
224 (ii) from the architect who provided the architecture services for the previous
225 construction project described in Subsection (4)(a)(i).
226 (b) Local school boards shall make efforts to collaborate and share in facility
227 construction and designs, emphasizing:
228 (i) the safety and instruction of students; and
229 (ii) fiscal responsibility regarding tax revenues.