72-6-107 - Construction or improvement of highway -- Contracts -- Retainage -- Certain indemnification provisions forbidden.
72-6-107. Construction or improvement of highway -- Contracts -- Retainage --Certain indemnification provisions forbidden.
(1) As used in this section, "design professional" means:
(a) an architect, licensed under Title 58, Chapter 3a, Architects Licensing Act;
(b) a landscape architect, licensed under Title 58, Chapter 53, Landscape ArchitectsLicensing Act; and
(c) a professional engineer or professional land surveyor, licensed under Title 58,Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act.
(2) (a) The department shall make plans, specifications, and estimates prior to theconstruction or improvement of any state highway.
(b) Except as provided in Section 63G-6-502 and except for construction orimprovements performed with state prison labor, a construction or improvement project with anestimated cost exceeding the bid limit as defined in Section 72-6-109 for labor and materialsshall be performed under contract awarded to the lowest responsible bidder.
(c) (i) The department:
(A) shall publish an advertisement for bids in accordance with Section 45-1-101, for aperiod of two weeks ending no more than 10 days before bids are opened; and
(B) may publish an advertisement for bids in a newspaper of general circulation in thecounty in which the work is to be performed.
(ii) If the department publishes an advertisement for bids in a newspaper underSubsection (2)(c)(i)(B), the department shall publish the advertisement at least once a week fortwo consecutive weeks, with the last publication at least 10 days before bids are opened.
(d) The department shall receive sealed bids and open the bids at the time and placedesignated in the advertisement. The department may then award the contract but may reject anyand all bids.
(e) If the department's estimates are substantially lower than any responsible bidreceived, the department may perform any work by force account.
(3) If any payment on a contract with a private contractor for construction orimprovement of a state highway is retained or withheld, the payment shall be retained orwithheld and released as provided in Section 13-8-5.
(4) If the department performs a construction or improvement project by force account,the department shall:
(a) provide an accounting of the costs and expenditures of the improvement includingmaterial and labor;
(b) disclose the costs and expenditures to any person upon request and allow the personto make a copy and pay for the actual cost of the copy; and
(c) perform the work using the same specifications and standards that would apply to aprivate contractor.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thedepartment shall establish procedures for:
(a) hearing evidence that a region within the department violated this section; and
(b) administering sanctions against the region if the region is found in violation.
(6) (a) Beginning May 12, 2009, a contract, including an amendment to an existingcontract, entered into under authority of this chapter may not require that a design professionalindemnify another from liability claims that arise out of the design professional's services, unless
the liability claim arises from the design professional's negligent act, wrongful act, error oromission, or other liability imposed by law.
(b) Subsection (6)(a) may not be waived by contract.
(c) Notwithstanding Subsections (6)(a) and (b), a design professional may be required toindemnify a person for whom the design professional has direct or indirect control orresponsibility.
Amended by Chapter 90, 2010 General Session