Vol. 2010, No. 11 (06/01/2010) PDF - Administrative Rules - Utah.gov

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NOTICES OF PROPOSED RULES DAR File No. 33635 ROOM 3150 STATE OFFICE BLDG 450 N STATE ST SALT LAKE CITY, UT 84114-1201 or at the Division of Administrative Rules. DIRECT QUESTIONS REGARDING THIS RULE TO: ♦ Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov ♦ Kent Beers by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at kbeers@utah.gov ♦ La Priel Dye by phone at 801-538-3240, by FAX at 801-538-3313, or by Internet E-mail at ldye@utah.gov ♦ Nancy Orton by phone at 801-538-3148, by FAX at 801-538-3882, or by Internet E-mail at nancyo@utah.gov INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2010 THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2010 AUTHORIZED BY: Kent Beers, Director R33. Administrative Services, Purchasing and General Services. R33-5. Construction and Architect-Engineer Selection. R33-5-101. Purpose and Authority. As required by Sections 63G-6-501, 63G-6-504(2), 63G-6-506 and 63G-6-601, this rule contains provisions applicable to: (1) selecting the appropriate method of management for construction contracts, that is, the contracting method and configuration that will most likely result in timely, economical, and otherwise successful completion of the construction project. (2) establishing appropriate bid, performance, and payment bond requirements including criteria allowing for waiver of these requirements. (3) governing appropriate contract provisions. R33-5-102. Application. The provisions of this chapter shall apply to all procurements of construction which are estimated to be greater than $50,000. Procurement of construction expected to be less than $50,000 shall be made in accordance with Section R33-3-3 (Small Purchases) except bid, performance and payment bonds shall be required unless waived in accordance with Section R33-5-355 (Waiver of Bonding Requirements on Small Projects). R33-5-201. Methods of Construction Contract Management. (1) Application. This section contains provisions applicable to the selection of the appropriate type of construction contract management. (2) Flexibility. It is intended that the Procurement Officer have sufficient flexibility in formulating the construction contract management method for a particular project to fulfill the needs of the procuring agencies. In each instance, consideration commensurate with the project's size and importance should be given to all the appropriate and effective means of obtaining both the design and construction of the project. The methods for achieving the purposes set forth in this rule are not to be construed as an exclusive list. (3) Selecting the Method of Construction Contracting. In selecting the construction contracting method, the Procurement Officer should consider the results achieved on similar projects in the past and the methods used. Consideration should be given to all appropriate and effective methods and their comparative advantages and disadvantages and how they might be adapted or combined to fulfill the needs of the procuring agencies. (4) Criteria for Selecting Construction Contracting Methods. Before choosing the construction contracting method to use, a careful assessment must be made by the Procurement Officer of requirements the project must satisfy and those other characteristics that would be desirable. Some of the factors to consider are: (a) when the project must be ready to be occupied; (b) the type of project, for example, housing, offices, labs, heavy or specialized construction; (c) the extent to which the requirements of the procuring agencies and the ways in which they are to be met are known; (d) the location of the project; (e) the size, scope, complexity, and economics of the project; (f) the amount and type of financing available for the project, including whether the budget is fixed or what the source of funding is, for example, general or special appropriation, federal assistance moneys, general obligation bonds or revenue bonds, lapsing/nonlapsing status and legislative intent language; (g) the availability, qualification, and experience of State personnel to be assigned to the project and how much time the State personnel can devote to the project; (h) the availability, experience and qualifications of outside consultants and contractors to complete the project under the various methods being considered. (5) General Descriptions. (a) Use of Descriptions. The following descriptions are provided for the more common contracting methods. The methods described are not all mutually exclusive and may be combined on a project. These descriptions are not intended to be fixed in respect to all construction projects of the State. In each project, these descriptions may be adapted to fit the circumstances of that project. However, the Procurement Officer should endeavor to ensure that these terms are described adequately in the appropriate contracts, are not used in a misleading manner, and are understood by all relevant parties. (b) Single Prime Contractor. The single prime contractor method is typified by one business, acting as a general contractor, contracting with the state to timely complete an entire construction project in accordance with drawings and specifications provided by the state. Generally the drawings and specifications are prepared by an architectural or engineering firm under contract with the state. Further, while the general contractor may take responsibility for successful completion of the project, much of the work may be performed by specialty contractors with whom the prime contractor has entered into subcontracts. (c) Multiple Prime Contractors. Under the multiple prime contractor method, the State or the State's agent contracts directly with a number of specialty contractors to complete portions 36 UTAH STATE BULLETIN, June 01, 2010, Vol. 2010, No. 11
DAR File No. 33635 NOTICES OF PROPOSED RULES of the project in accordance with the State's drawings and specifications. The State or its agent may have primary responsibility for successful completion of the entire project, or the contracts may provide that one of the multiple prime contractors has this responsibility. (d) Design-Build. In a design-build project, a business contracts directly with the State to meet the State's requirements as described in a set of performance specifications. Design responsibility and construction responsibility both rest with the design-build contractor. This method can include instances where the design-build contractor supplies the site as part of the package. (e) Construction Manager. A construction manager is a person experienced in construction that has the ability to evaluate and to implement drawings and specifications as they affect time, cost, and quality of construction and the ability to coordinate the construction of the project, including the administration of change orders. The State may contract with the construction manager early in a project to assist in the development of a cost effective design. The construction manager may become the single prime contractor, or may guarantee that the project will be completed on time and will not exceed a specified maximum price. This method is frequently used on fast track projects with the construction manager obtaining subcontractors through the issuance of multiple bid packages as the design is developed. The procurement of a construction manager may be based, among other criteria, on proposals for a management fee which is either a lump sum or a percentage of construction costs with a guaranteed maximum cost. If the design is sufficiently developed prior to the selection of a construction manager, the procurement may be based on proposals for a lump sum or guaranteed maximum cost for the construction of the project. The contract with the construction manager may provide for a sharing of any savings which are achieved below the guaranteed maximum cost. (f) Sequential Design and Construction. Sequential design and construction denotes a method in which design of substantially the entire structure is completed prior to beginning the construction process. (g) Phased Design and Construction. Phased design and construction denotes a method in which construction is begun when appropriate portions have been designed but before design of the entire structure has been completed. This method is also known as fast track construction. . . . . . . . R33-5-260. Construction Manager: Use. (1) The State may contract with the construction manager early in a project to assist in the development of a cost effective design. The construction manager may become the single prime contractor, or may guarantee that the project will be completed on time and will not exceed a specified maximum price. This method is frequently used on fast track projects with the construction manager obtaining subcontractors through the issuance of multiple bid packages as the design is developed. The procurement of a construction manager may be based, among other criteria, on proposals for a management fee which is either a lump sum or a percentage of construction costs with a guaranteed maximum cost. If the design is sufficiently developed prior to the selection of a construction manager, the procurement may be based on proposals for a lump sum or guaranteed maximum cost for the construction of the project. The contract with the construction manager may provide for a sharing of any savings which are achieved below the guaranteed maximum cost. (2) When entering into any subcontract that was not specifically included in the construction manager's cost proposal submitted at the time the contract manager was selected, the construction manager shall procure that subcontractor by using one of the source selection methods authorized by these rules in the same manner as if the subcontract work was procured directly by the state. R33-5-262. Construction Manager: Contractual Provisions. The construction manager's contract shall clearly set forth the duties and authority of the construction manager in respect to all the participants in the project. The contract shall also define the liability of the State and the construction manager for failure to properly coordinate specialty contractors' work. R33-5-270. Sequential Design and Construction: Use. When the state selects the sequential design and construction method, it shall gather a team to design the project and provide a complete set of drawings and specifications to use in awarding the construction contract or contracts. When this team uses a construction manager he may, in addition to reviewing the drawings and specifications, assist in separating them into packets when multiple prime contractors are used. Except for redesign necessitated by changes in State requirements or problems encountered during construction, design is complete at the time construction has begun. R33-5-280. Phased Design and Construction: Use. When the phased design and construction method is used, the architect-engineer, and construction manager, (if one is used) shall resolve major design decisions, and shall prepare the detail design work in the sequence necessary to construct the project. Thus, construction can begin before design is complete for the entire project. Construction shall only begin after the State's requirements are set, the overall (schematic) design is complete, and the complete drawings and specifications for the first construction phase are ready. The construction manager may also assist in packaging the various specialty contracts and to [managing]manage the work under those contracts. R33-5-281. Phased Design and Construction: Contractual Provisions. Contracts shall clearly establish: (1) architect-engineer's obligation to design the project in a manner that allows for phased construction to allow phasing of project design. (2) specialty contractor's scope of work and duties to other contractors and the State. (3) the management rights of the State and its construction manager when used. R33-5-311. Bid Security: General. Invitations for Bids on State construction contracts estimated to exceed $50,000 shall require the submission of bid security in an amount equal to at least 5% of the bid, at the time the UTAH STATE BULLETIN, June 01, 2010, Vol. 2010, No. 11 37
Page 1 and 2: UTAH STATE BULLETIN OFFICIAL NOTICE
Page 3 and 4: TABLE OF CONTENTS SPECIAL NOTICES..
Page 5: SPECIAL NOTICES Health Health Care
Page 8 and 9: EXECUTIVE DOCUMENTS Gary R. Herbert
Page 10 and 11: NOTICES OF PROPOSED RULES DAR File
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NOTICES OF PROPOSED RULES DAR File
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FIVE-YEAR NOTICES OF REVIEW AND STA
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NOTICES OF LEGISLATIVE NONREAUTHORI
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RULES INDEX BY AGENCY (CODE NUMBER)
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RULES INDEX R81-4D-1 Licensing 3315
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RULES INDEX of Program Funds R277-4
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RULES INDEX R356-1 Procedures for t
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RULES INDEX Child and Family Servic
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RULES INDEX R657-62 Drawing Applica
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RULES INDEX R994-204 Covered Employ
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RULES INDEX Capitol Preservation Bo
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RULES INDEX Human Services, Adminis
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RULES INDEX cross connection contro
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RULES INDEX Education, Administrati
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RULES INDEX fire marshal Environmen
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RULES INDEX Insurance, Administrati
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RULES INDEX Insurance, Administrati
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RULES INDEX Human Services, Adminis
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RULES INDEX mineral classification
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RULES INDEX performance standards H
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RULES INDEX Public Service Commissi
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RULES INDEX Acquisition risk manage
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RULES INDEX stabilization Environme
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RULES INDEX Workforce Services, Une
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