Building Improvements and Public Works Projects

Utah Code tit. 11, ch. 11-39

in effect

Utah Code § 11-39-101 Definitions.

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" means a building improvement or public works project 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. (b) "Design-build project" does not include a building improvement or public works project: (i) that 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 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, or town, the legislative body of the county, city, or town; (b) for a special district, the board of trustees of the special 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 entity" means a county, city, town, special district, or special service district. (9) "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. (10) "Procurement code" means the provisions of Title 63G, Chapter 6a, Utah Procurement Code. (11) "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. (12) "Special district" means the same as that term is defined in Section 17B-1-102. (13) "Special service district" has the same meaning as defined in Section 17D-1-102. Amended by Chapter 438, 2024 General Session

Utah Code § 11-39-102 Requirement for plans and specifications and cost estimate.

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. Enacted by Chapter 259, 2003 General Session

Utah Code § 11-39-103 Requirements for undertaking a building improvement or public works project -- Request for bids -- Notice -- Authority to reject bids.

11-39-103. Requirements for undertaking a building improvement or public works project -- Request for bids -- Notice -- 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) providing notice for the local entity, as a class A notice under Section 63G-30-102, except the notice described in Subsection 63G-30-102(1)(c), for at least five days before opening the bids; and (ii) at least five days before opening the bids, posting notice on a state website that is: (A) owned or managed by or provided under contract with the division; and (B) established for the purpose of posting public procurement notices; and (b) except as provided in Subsection (3), enter into a contract for the completion of the building improvement or public works project with: (i) the lowest responsive responsible bidder; or (ii) for a design-build project formulated by a local entity, a responsible bidder that: (A) offers design-build services; and (B) 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 for a design-build project. (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 governing body may undertake the building improvement or public works project as it considers appropriate. Amended by Chapter 75, 2023 General Session, (Coordination Clause) Amended by Chapter 75, 2023 General Session Amended by Chapter 435, 2023 General Session

Utah Code § 11-39-104 Exceptions.

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. (3) This part applies to a building improvement or public works project of a special service district only to the extent that the contract for the building improvement or public works project is in a class of contract designated under Section 17D-1-107 as subject to this part. Amended by Chapter 360, 2008 General Session

Utah Code § 11-39-105 Retained payments.

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. Enacted by Chapter 259, 2003 General Session

Utah Code § 11-39-106 Attorney's fees and costs in civil action.

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. Enacted by Chapter 259, 2003 General Session

Utah Code § 11-39-107 Procurement code.

11-39-107. Procurement code. (1) This chapter may not be construed to: (a) prohibit a county or municipal legislative body from adopting the procedures of the procurement code; or (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: (a) construction manager/general contractor, as defined in Section 63G-6a-103; (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 (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) (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. (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. (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. (d) The county or municipal legislative body shall: (i) make each election under Subsection (3)(a) in an open meeting; and (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. Amended by Chapter 16, 2023 General Session

Utah Code § 11-39-108 Use of overhead spray irrigation.

11-39-108. Use of overhead spray irrigation. (1) As used in this section: (a) "Active recreation area" means an area of local entity property that is: (i) dedicated to active use; and (ii) installed or maintained on an area with a slope of not more than 25%. (b) "Active use" means regular use for playing, exercise, recreation, or regular outdoor activities, such as: (i) a sports field; (ii) a social gathering area; (iii) an amphitheater; (iv) a park; (v) the playing area, including roughs, driving ranges, and chipping and putting greens, of a golf course; or (vi) a cemetery. (c) "Great Salt Lake basin" means the area within: (i) the surveyed meander line of the Great Salt Lake; (ii) the drainage areas of the Bear River or the Bear River's tributaries; (iii) the drainage areas of Bear Lake or Bear Lake's tributaries; (iv) the drainage areas of the Weber River or the Weber River's tributaries; (v) the drainage areas of the Jordan River or the Jordan River's tributaries; (vi) the drainage areas of Utah Lake or Utah Lake's tributaries; (vii) other water drainages lying between the Bear River and the Jordan River that are tributary to the Great Salt Lake and not included in the drainage areas described in Subsections (1)(c)(ii) through (vi); and (viii) the drainage area of Tooele Valley. (d) "Landscaped area" means those portions of local entity property that are not, or will not be, occupied by: (i) a permanent structure; or (ii) an impervious surface associated with vehicular or pedestrian access or use, such as a driveway, sidewalk, or parking lot. (e) "Local entity property" means real property owned by a local entity. (f) "New construction" means a project for the construction of a public facility on local entity property that includes a new or modified landscaped area of more than 7,500 square feet. (g) "Overhead spray irrigation" means above ground irrigation heads that spray water through a nozzle. (h) "Parkstrip" means the area between the back of a curb or, if there is no curb, the edge of pavement and the sidewalk. (i) "Public facility" means a building, structure, infrastructure, improvement, park, playground, or other facility of a local entity. (j) "Reconstruction" means a project for renovation, alteration, improvement, or repair of a public facility on local entity property that affects more than 25% of the landscaped area existing before the reconstruction. (2) (a) A local entity with local entity property within the Great Salt Lake basin that undertakes new construction or reconstruction on the local entity property on or after May 1, 2024, may not install, maintain, or use overhead spray irrigation in a landscaped area of the local entity property unless the landscaped area is an active recreation area. (b) A local entity may not install, maintain, or use overhead spray irrigation to irrigate the following within an active recreation area described in Subsection (2)(a): (i) a park strip; (ii) an area with a width of less than eight feet; or (iii) in an area that is a planting bed. (c) A local entity may not treat local entity property as an active recreation area if the area is sized larger than reasonably required for the anticipated use the area is intended to accommodate. Enacted by Chapter 19, 2024 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title11/Chapter39/11-39.html?v=C11-39_1800010118000101Fetched: 10/26/2026