(1) This chapter may not be construed to:

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Terms Used In Utah Code 11-39-107

  • Bid limit: means :
         (1)(a) for a building improvement:
              (1)(a)(i) for the year 2003, $40,000; and
              (1)(a)(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
         (1)(b) for a public works project:
              (1)(b)(i) for the year 2003, $125,000; and
              (1)(b)(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. See Utah Code 11-39-101
  • Contract: A legal written agreement that becomes binding when signed.
  • Governing body: means :
         (7)(a) for a county, city, or town, the legislative body of the county, city, or town;
         (7)(b) for a special district, the board of trustees of the special district; and
         (7)(c) for a special service district:
              (7)(c)(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
              (7)(c)(ii) the administrative control board of the special service district, if an administrative control board has been appointed under Section 17D-1-301. See Utah Code 11-39-101
  • Land: includes :
         (18)(a) land;
         (18)(b) a tenement;
         (18)(c) a hereditament;
         (18)(d) a water right;
         (18)(e) a possessory right; and
         (18)(f) a claim. See Utah Code 68-3-12.5
  • Local entity: means a county, city, town, special district, or special service district. See Utah Code 11-39-101
  • Procurement code: means the provisions of Title 63G, Chapter 6a, Utah Procurement Code. See Utah Code 11-39-101
  • Special district: means the same as that term is defined in Section 17B-1-102. See Utah Code 11-39-101
     (1)(a) prohibit a county or municipal legislative body from adopting the procedures of the procurement code; or
     (1)(b) limit the application of the procurement code to a special district or special service district.
(2) A local entity may adopt procedures for the following construction contracting methods:

     (2)(a) construction manager/general contractor, as defined in Section 63G-6a-103;
     (2)(b) a method that requires that the local entity draft a plan, specifications, and an estimate for the building improvement or public works project; or
     (2)(c) design-build, as defined in Section 63G-6a-103, if the local entity consults with a professional engineer licensed under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act, or an architect licensed under Title 58, Chapter 3a, Architects Licensing Act, who has design-build experience and is employed by or under contract with the local entity.
(3)

     (3)(a) In seeking bids and awarding a contract for a building improvement or public works project, a county or a municipal legislative body may elect to follow the provisions of the procurement code, as the county or municipal legislative body considers appropriate under the circumstances, for specification preparation, source selection, or contract formation.
     (3)(b) A county or municipal legislative body’s election to adopt the procedures of the procurement code may not excuse the county or municipality, respectively, 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.
     (3)(c) An election under Subsection (3)(a) may be made on a case-by-case basis, unless the county or municipality has previously adopted the procurement code.
     (3)(d) The county or municipal legislative body shall:

          (3)(d)(i) make each election under Subsection (3)(a) in an open meeting; and
          (3)(d)(ii) specify in its action the portions of the procurement code to be followed.
(4) If the estimated cost of the building improvement or public works project proposed by a special district or special service district exceeds the bid limit, the governing body of the special district or special service 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.

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