72-6-108.  Class B and C roads — Improvement projects — Notice — Contracts — Retainage.

(1)  A county executive for class B roads and the municipal executive for class C roads shall cause plans, specifications, and estimates to be made prior to the construction of any improvement project, as defined in Section 72-6-109, on a class B or C road if the estimated cost for any one project exceeds the bid limit as defined in Section 72-6-109 for labor, equipment, and materials.

Terms Used In Utah Code 72-6-108

  • Construction: means the construction, reconstruction, replacement, and improvement of the highways, including the acquisition of rights-of-way and material sites. See Utah Code 72-1-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County executive: means :Utah Code 68-3-12.5
  • Person: means :Utah Code 68-3-12.5
  • Road: includes :Utah Code 68-3-12.5
(2) 

(a)  All projects in excess of the bid limit shall be performed under contract to be let to the lowest responsible bidder.

(b)  If the estimated cost of the improvement project exceeds the bid limit for labor, equipment, and materials, the project may not be divided to permit the construction in parts, unless each part is done by contract.

(3)  The advertisement on bids shall be published for the county, as a class A notice under Section 63G-30-102, for three weeks.

(4)  The county or municipal executive or their designee shall receive sealed bids and open the bids at the time and place designated in the advertisement. The county or municipal executive or their designee may then award the contract but may reject any and all bids.

(5)  The person, firm, or corporation that is awarded a contract under this section is subject to the provisions of Title 63G, Chapter 6a, Utah Procurement Code.

(6)  If any payment on a contract with a private contractor for construction or improvement of a class B or C road is retained or withheld, the payment shall be retained or withheld and released as provided in Section 13-8-5.

Amended by Chapter 435, 2023 General Session