72-6-108 - Class B and C roads -- Improvement projects -- Contracts -- Retainage.
72-6-108. Class B and C roads -- Improvement projects -- Contracts -- Retainage.
(1) A county executive for class B roads and the municipal executive for class C roadsshall cause plans, specifications, and estimates to be made prior to the construction of anyimprovement project, as defined in Section 72-6-109, on a class B or C road if the estimated costfor any one project exceeds the bid limit as defined in Section 72-6-109 for labor, equipment, andmaterials.
(2) (a) All projects in excess of the bid limit shall be performed under contract to be letto 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) (a) The advertisement on bids shall be published:
(i) in a newspaper of general circulation in the county in which the work is to beperformed at least once a week for three consecutive weeks; and
(ii) in accordance with Section 45-1-101 for three weeks.
(b) If there is no newspaper of general circulation as described in Subsection (3)(a)(i), thenotice shall be posted for at least 20 days in at least five public places in the county.
(4) The county or municipal executive or their designee shall receive sealed bids andopen the bids at the time and place designated in the advertisement. The county or municipalexecutive 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 issubject to the provisions of Title 63G, Chapter 6, Utah Procurement Code.
(6) If any payment on a contract with a private contractor for construction orimprovement of a class B or C road is retained or withheld, the payment shall be retained orwithheld and released as provided in Section 13-8-5.
Amended by Chapter 388, 2009 General Session