Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 245 First Substitute (2017GS)

Sponsor

Rep. Hall, C.

Final action

Governor Signed 3/21/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies local school board advertising requirements related to a school construction project; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

SCHOOL DISTRICT PROCUREMENT PROCESS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Craig Hall
Senate Sponsor: 
Todd Weiler
LONG TITLE
General Description:
This bill modifies advertising requirements for a school construction project.
Highlighted Provisions:
This bill:
▸ modifies local school board advertising requirements related to a school
construction project; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53A-20-101
, as last amended by Laws of Utah 2012, Chapters 86 and 347
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-20-101
 is amended to read:
53A-20-101.
Construction and alteration of schools and plants -- Advertising for
bids -- Payment and performance bonds -- Contracts -- Bidding limitations on local
school boards -- Interest of local school board members.
(1) As used in this section, the word "sealed" does not preclude acceptance of
electronically sealed and submitted bids or proposals in addition to bids or proposals manually
sealed and submitted.
(2) (a) Prior to the construction of any school or the alteration of any existing school
plant, if the total estimated accumulative building project cost exceeds $80,000, a local school
board shall advertise for bids on the project at least 10 days before the bid due date.
[
(b) The board shall have the advertisement published in a newspaper having general
circulation throughout the state and in appropriate construction trade publications that offer
free listings.
]
[
(c) A similar advertisement is required in a newspaper published or having general
circulation in any city or county that would be affected by the proposed project.
]
[
(d)
] 
(b)
 The advertisement shall 
state
:
(i) [
require sealed proposals for the building project
] 
that proposals for the building
project are required to be sealed
 in accordance with plans and specifications [
furnished
]
provided
 by the local school board;
(ii) [
state
] where and when the proposals will be opened [
and shall reserve the right of
the board
]
;
(iii) that the local school board reserves the right
 to reject any and all proposals; and
[
(iii)
] 
(iv)
 [
require a
] 
that a person that submits a proposal is required to submit a
certified check or bid bond
,
 of not less than 5% of the bid 
in the proposal,
 to accompany the
[
bid
] 
proposal
.
(c) The local school board shall publish the advertisement, at a minimum:
(i) on the local school board's website; or
(ii) on a state website that is:
(A) owned or managed by, or provided under contract with, the Division of Purchasing
and General Services; and
(B) available for the posting of public procurement notices.
(3) (a) The board shall meet at the time and place specified in the advertisement and
publicly open and read all received proposals.
(b) If satisfactory bids are received, the board shall award the contract to the lowest
responsible bidder.
(c) If none of the proposals are satisfactory, all shall be rejected.
(d) The board shall again advertise in the manner provided in this section.
(e) If, after advertising a second time no satisfactory bid is received, the board may
proceed under its own direction with the required project.
(4) (a) The check or bond required under Subsection (2)[
(d)
]
(b)
 shall be drawn in favor
of the local school board.
(b) If the successful bidder fails or refuses to enter into the contract and furnish the
additional bonds required under this section, then the bidder's check or bond is forfeited to the
district.
(5) A local school board shall require payment and performance bonds of the
successful bidder as required in Section 
63G-6a-1103
.
(6) (a) A local school board may require in the proposed contract that up to 5% of the
contract price be withheld until the project is completed and accepted by the board.
(b) If money is withheld, the board shall place it in an interest bearing account, and the
interest accrues for the benefit of the contractor and subcontractors.
(c) This money shall be paid upon completion of the project and acceptance by the
board.
(7) (a) A local school board may not bid on projects within the district if the total
accumulative estimated cost exceeds $80,000.
(b) The board may use its resources if no satisfactory bids are received under this
section.
(8) If the local school board determines in accordance with Section 
63G-6a-1302
 to use
a construction manager/general contractor as its method of construction contracting
management on projects where the total estimated accumulative cost exceeds $80,000, it shall
select the construction manager/general contractor in accordance with the requirements of Title
63G, Chapter 6a, Utah Procurement Code.
(9) A local school board member may not have a direct or indirect financial interest in
the construction project contract.