A. Generally: Construction related procurement shall comply with State and Federal law and this section, in addition to the other provisions of the Procurement Code and Rules.
B. State Law Requirements For Construction: Procurement shall comply with the State laws referenced below, and all construction related procurement and contracts shall comply with the following:
1. Bidding Laws; When Applicable: Construction contracts must be bid under State law when they constitute the following. Utah Code Annotated section 11-39-101:
a. Building Improvements: Contracts in excess of an amount as determined by the City Engineer, or an adjusted sum allowed by State law, for the construction or repair of a public building or structure (not including construction or repair at an international airport).
b. Public Services: Contracts in excess of an amount as determined by the City Engineer, or an adjusted sum allowed by State law, for the construction of a park or recreational facility; or a pipeline, culvert, dam, canal or other system for water, sewage, stormwater or flood control (but not including the replacement or repair of existing infrastructure on private property, or construction or repair at an international airport).
c. Special Street Requirements: Any Class B or Class C road construction with a cost as determined by the City Engineer (adjusted as allowed by State law) for labor, equipment and materials must meet the requirements stated in subsection B5 of this section. These requirements do not apply to contracts for crack sealing, patching or work incidental to work for curbs, gutters and subsurface structures.
2. Bidding Laws; Minimum Requirements: At a minimum, bid processes must include the following:
a. For building improvements or for public works, as defined above, the City must create plans, specifications and a cost estimate.
b. If the cost estimate exceeds the bid limits stated in subsection B1 of this section, then the City must publish notice at least twice, and at least five (5) days before bid opening.
c. The City must enter a contract with the lowest responsive and responsible bidder, which means a prime contractor who has submitted a bid in compliance with the City's invitation, plans and specifications; is the lowest bidder that satisfies the City's criteria relating to financial strength, past performance, integrity, reliability and other factors used by the City to assess the contractor's ability to perform fully and in good faith; has furnished a bid bond or equivalent in money; and furnishes a payment and performance bond as required by law.
d. The City may reject any or all bids submitted. Procurement shall not be manipulated to avoid these requirements. If the City solicits twice and receives no satisfactory bid under these requirements, the City may proceed as appropriate.
e. These requirements do not apply to emergency repairs (as defined by State law), projects with costs estimated to be below the bid limits stated in subsection B1 of this section, or the conduct of the City's departments. Special requirements apply for Class B and C road construction. See subsection B5 of this section and Utah Code Annotated sections 72-6-108, 72-6-109.
3. Contractor Licensing: When evaluating any construction related bid, the following shall apply:
a. To receive a contract award, a contractor must be licensed in the State of Utah at the time of submitting a bid with an appropriate license to perform the work. See also Utah Code Annotated section 58-55-301.
b. The City may impose other licensing requirements, and when appropriate, may regard a lack of subcontractor licensing at the time of the general contractor's bid as a matter relating to the responsibility of the general contractor.
4. Contract: The following shall apply to any construction contract:
a. Bonds: Construction contractors must deliver performance and payment bonds for the full contract price. A procurement official may waive this requirement after consultation with the City Attorney's Office if bonds are unnecessary for the protection of the City. See also Utah Code Annotated sections 63G-6a-1101 et seq., 14-1-18 through 14-1-20.
b. Withheld Or Retained Payments: The City may withhold payments for poor performance or other work related reasons. Special requirements apply to retainage, where sums are withheld as security under the contract. To implement retainage, first consult with the Attorney's Office.
5. Special Streets Requirements: Any Class B or C road construction with a cost as determined by the City Engineer (adjusted as allowed by State law) for labor, equipment and materials must meet the requirements stated below. These requirements do not apply to contracts for crack sealing, patching, or work incidental to work for curbs, gutters and subsurface structures.
a. Construction and maintenance must be made pursuant to plans, specifications and estimates.
b. Notice of a bid must be published in a newspaper of general circulation in the county where the work is located at least once a week for three (3) consecutive weeks. The City has the right to reject any and all bids.
c. The City will make an award to the lowest responsive and responsible bidder. The person to whom the contract is awarded is subject to all the provisions of the State Procurement Code, title 63G, chapter 6a.
d. The work must be prepared and performed under the direct supervision of a registered professional engineer, who must certify to the City that the project conforms to the design and construction standards currently adopted by the American Association of State Highway and Transportation Officials. Utah Code Annotated sections 72-6-108, 72-6-109.
C. Construction Management: The City shall have flexibility to address the City's needs when procuring and managing construction.
1. Selection Of Management Type: A procurement official shall select the type of construction management that will protect and benefit the City in light of the City's needs and resources. Factors to consider may include:
a. The type of contract that is appropriate. Factors relating to contract selection are stated in subsection 53-1A-10B of this article.
b. The need for and availability of outside consultants.
c. The experience, qualifications and availability of City personnel assigned to the project.
d. Requirements related to project financing.
e. The needs of the project.
f. The administrative burden imposed by the method selected.
2. Types Of Construction Management: The procurement official may select any combination of the following construction management methods, or other methods, as appropriate:
a. Single Prime Contractor: A single general contractor is responsible to complete an entire project in accordance with the contract, and may subcontract portions of the work.
b. Multiple Prime Contractors: A number of specialty contractors complete portions of the project pursuant to contracts with the City. The City or one of the contractors may have primary responsibility for completion or coordination of the entire project.
c. Design Build Or Turnkey: A single contractor or team is responsible to both design and construct the project to meet performance criteria specified by the City.
d. Construction Manager: A qualified person is responsible to coordinate the design and construction of the project, and may oversee a variety of functions such as time, cost, quality and administration of change orders. The person may have some construction responsibilities as well.
e. Sequential Design And Construction: The project's design is substantially completed before construction begins.
f. Phased Design And Construction Or Fast Track Construction: The project's construction begins after portions of the design are substantially complete, but design continues during the construction. (2019 Compilation)