Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 133 (2018GS)

Sponsor

Sen. Mayne, K.

Final action

Governor Signed 3/15/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends the definition of a design-build project; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

DESIGN AND BUILD AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen Mayne
House Sponsor: 
Kay J. Christofferson
LONG TITLE
General Description:
This bill amends the definition of a design-build project in relation to building
improvements and public works projects.
Highlighted Provisions:
This bill:
▸ amends the definition of a design-build project; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
11-39-101
, as last amended by Laws of Utah 2016, Chapter 176
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
11-39-101
 is amended to read:
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) 
(a)
 "Design-build project"[
: (a)
] means a building improvement or public works
project [
costing over $250,000 with respect to
] 
for
 which both the design and construction are
provided for in a single contract with a contractor or combination of contractors capable of
providing design-build services[
; and
]
.
(b) 
"Design-build project"
 does not include a building improvement or public works
project:
(i) that [
is undertaken by
] a local entity 
undertakes
 under contract with a construction
manager that guarantees the contract price and is at risk for any amount over the contract price;
and
(ii) each component of which is competitively bid.
(5) "Design-build services" means the engineering, architectural, and other services
necessary to formulate and implement a design-build project, including [
its
] 
the
 actual
construction 
of the project
.
(6) "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.
(7) "Governing body" means:
(a) for a county, city, town, or metro township, the legislative body of the county, city,
town, or metro township;
(b) for a local district, the board of trustees of the local district; and
(c) for a special service district:
(i) the legislative body of the county, city, or town that established the special service
district, if no administrative control board has been appointed under Section 
17D-1-301
; or
(ii) the administrative control board of the special service district, if an administrative
control board has been appointed under Section 
17D-1-301
.
(8) "Local district" has the same meaning as defined in Section 
17B-1-102
.
(9) "Local entity" means a county, city, town, metro township, local district, or special
service district.
(10) "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.
(11) "Procurement code" means the provisions of Title 63G, Chapter 6a, Utah
Procurement Code.
(12) "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.
(13) "Special service district" has the same meaning as defined in Section 
17D-1-102
.