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[Utah Code Table of Contents]
[TITLE 11. Table of Contents]
11-39-101 Definitions.
As used in this chapter:
(1) "Bid limit" means:
(a) for a building improvement:
(i) for the year 2003, $40,000; and
(ii) for each year after 2003, the amount of the bid limit for the previous year, plus an amount calculated by multiplying the amount of the bid limit for the previous year by the lesser of 3% or the actual percent change in the Consumer Price Index during the previous calendar year; and
(b) for a public works project:
(i) for the year 2003, $125,000; and
(ii) for each year after 2003, the amount of the bid limit for the previous year, plus an amount calculated by multiplying the amount of the bid limit for the previous year by the lesser of 3% or the actual percent change in the Consumer Price Index during the previous calendar year.
(2) "Building improvement":
(a) means the construction or repair of a public building or structure; and
(b) does not include construction or repair at an international airport.
(3) "Consumer Price Index" means the Consumer Price Index for All Urban Consumers as published by the Bureau of Labor Statistics of the United States Department of Labor.
(4) "Emergency repairs" means a building improvement or public works project undertaken on an expedited basis to:
(a) eliminate an imminent risk of damage to or loss of public or private property;
(b) remedy a condition that poses an immediate physical danger; or
(c) reduce a substantial, imminent risk of interruption of an essential public service.
(5) "Independent special district" means an independent special district under Title 17A, Chapter 2, Independent Special Districts, excluding a special service district under Title 17A, Chapter 2, Part 13, Utah Special Service District Act.
(6) "Local district" has the same meaning as defined in Section 17B-2-101 .
(7) "Local entity" means a county, city, town, special district, or local district.
(8) "Lowest responsive responsible bidder" means a prime contractor who:
(a) has submitted a bid in compliance with the invitation to bid and within the requirements of the plans and specifications for the building improvement or public works project;
(b) is the lowest bidder that satisfies the local entity's criteria relating to financial strength, past performance, integrity, reliability, and other factors that the local entity uses to assess the ability of a bidder to perform fully and in good faith the contract requirements;
(c) has furnished a bid bond or equivalent in money as a condition to the award of a prime contract; and
(d) furnishes a payment and performance bond as required by law.
(9) "Procurement code" means the provisions of Title 63, Chapter 56, Utah Procurement Code.
(10) "Public works project":
(a) means the construction of:
(i) a park or recreational facility; or
(ii) a pipeline, culvert, dam, canal, or other system for water, sewage, storm water, or flood control; and
(b) does not include:
(i) the replacement or repair of existing infrastructure on private property;
(ii) construction commenced before June 1, 2003; and
(iii) construction or repair at an international airport.
(11) "Special district" has the same meaning as defined
in Section
17A-1-101
.
2003
11-39-102 Requirement for plans and specifications and cost estimate.
Each local entity intending to undertake a building improvement or public works project paid for by the local entity shall cause:
(1) plans and specifications to be made for the building improvement or public works project; and
(2) an estimate of the cost of the building improvement
or public works project to be made.
2003
11-39-103 Requirements for undertaking a building improvement or public works project - Request for bids - Authority to reject bids.
(1) If the estimated cost of the building improvement or public works project exceeds the bid limit, the local entity shall, if it determines to proceed with the building improvement or public works project:
(a) request bids for completion of the building improvement or public works project by:
(i) publishing notice at least twice in a newspaper published or of general circulation in the local entity at least five days before opening the bids; or
(ii) if there is no newspaper published or of general circulation in the local entity, posting notice at least five days before opening the bids in at least five public places in the local entity and leaving the notice posted for at least three days; and
(b) except as provided in Subsection (3), enter into a contract for the completion of the building improvement or public works project with the lowest responsive responsible bidder.
(2) (a) Each notice under Subsection (1)(a) shall indicate that the local entity may reject any or all bids submitted.
(b) (i) The cost of a building improvement or public works project may not be divided to avoid:
(A) exceeding the bid limit; and
(B) subjecting the local entity to the requirements of this section.
(ii) Notwithstanding Subsection (2)(b)(i), a local entity may divide the cost of a building improvement or public works project that would, without dividing, exceed the bid limit if the local entity complies with the requirements of this section with respect to each part of the building improvement or public works project that results from dividing the cost.
(3) (a) The local entity may reject any or all bids submitted.
(b) If the local entity rejects all bids submitted but still intends to undertake the building improvement or public works project, the local entity shall again request bids by following the procedure provided in Subsection (1)(a).
(c) If, after twice requesting bids by following the procedure
provided in Subsection (1)(a), the local entity determines
that no satisfactory bid has been submitted, the legislative
body may undertake the building improvement or public works
project as it considers appropriate.
2003
11-39-104 Exceptions.
(1) The requirements of Section 11-39-103 do not apply to:
(a) emergency repairs;
(b) a building improvement or public works project if the estimated cost under Section 11-39-102 is less than the bid limit; or
(c) the conduct or management of any of the departments, business, or property of the local entity.
(2) This section may not be construed to limit the application
of Section
72-6-108
to an improvement project, as defined in Section
72-6-109
, that would otherwise be subject to Section
72-6-108
.
2003
11-39-105 Retained payments.
Each payment that the local entity retains on a contract
with a private person, firm, or corporation shall be retained
and released as provided in Section
13-8-5
.
2003
11-39-106 Attorney's fees and costs in civil action.
In a civil action to enforce the provisions of this part
against a local entity, the court may award attorney's fees
and costs to the prevailing party.
2003
11-39-107 Procurement code.
(1) This chapter may not be construed to:
(a) prohibit a county legislative body from adopting the procedures of the procurement code; or
(b) limit the application of the procurement code to a special district or local district.
(2) (a) In seeking bids and awarding a contract for a building improvement or public works project, a county legislative body may elect to follow the provisions of the procurement code, as the county legislative body considers appropriate under the circumstances, for specification preparation, source selection, or contract formation.
(b) A county legislative body's election to adopt the procedures of the procurement code may not excuse the county from complying with the requirements to award a contract for work in excess of the bid limit and to publish notice of the intent to award.
(c) An election under Subsection (2)(a) may be made on a case-by-case basis, unless the county has previously adopted the procurement code as permitted by Subsection 63-56-2 (3)(e).
(d) The county legislative body shall:
(i) make each election under Subsection (2)(a) in an open meeting; and
(ii) specify in its action the portions of the procurement code to be followed.
(3) If the estimated cost of the building improvement
or public works project proposed by a special district or
local district exceeds the bid limit, the legislative body
of the special district or local district may, if it determines
to proceed with the building improvement or public works
project, use the competitive procurement procedures of the
procurement code in place of the comparable provisions of
this chapter.
2003
