S.B. 106

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CLASS B AND C ROAD BID LIMIT
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: John P. Holmgren
5 AN ACT RELATING TO HIGHWAYS; AMENDING THE BID LIMIT DEFINITION FOR
6 CLASS B AND C ROADS.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 27-12-108.2, as last amended by Chapter 80, Laws of Utah 1994
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 27-12-108.2 is amended to read:
12 27-12-108.2. Class B and C roads -- Construction and maintenance -- Definitions --
13 Estimates lower than bids -- Accountability.
14 (1) As used in this section and Section 27-12-108.1:
15 (a) "Bid limit" means [$100,000] $150,000.
16 (b) (i) "Construction" means the work that would apply to:
17 (A) any new roadbed either by addition to existing systems or relocation;
18 (B) resurfacing of existing roadways with more than two inches of bituminous pavement;
19 or
20 (C) new structures or replacement of existing structures, except the replacement of
21 drainage culverts.
22 (ii) "Construction" does not include maintenance, emergency repairs, or the installation
23 of traffic control devices as described in Section 41-6-20.
24 (c) "Improvement project" means construction and maintenance as defined in this section
25 except for that maintenance excluded under Subsection (2).
26 (d) "Maintenance" means the keeping of a road facility in a safe and usable condition to
27 which it was constructed or improved, and includes:

1 (i) the reworking of an existing surface by the application of up to and including two
2 inches of bituminous pavement;
3 (ii) the installation or replacement of guardrails, seal coats, and culverts;
4 (iii) the grading or widening of an existing unpaved road or flattening of shoulders or side
5 slopes to meet current width and safety standards; and
6 (iv) horizontal or vertical alignment changes necessary to bring an existing road in
7 compliance with current safety standards.
8 (e) "Project" means the performance of a clearly identifiable group of associated road
9 construction activities or the same type of maintenance process, where the construction or
10 maintenance is performed on any one class B or C road, within a half-mile proximity and occurs
11 within the same calendar year.
12 (2) The following types of maintenance work are not subject to the contract or bid limit
13 requirements of this section:
14 (a) the repair of less than the entire surface by crack sealing or patching; and
15 (b) road repairs incidental to the installation, replacement, or repair of water mains, sewers,
16 drainage pipes, culverts, or curbs and gutters.
17 (3) (a) (i) If the estimates of a qualified engineer referred to in Section 27-12-108.1 are
18 substantially lower than any responsible bid received or in the event no bids are received, the
19 counties or cities may perform the work by force account.
20 (ii) In no event shall "substantially lower" mean estimates that are less than 10% below
21 the lowest responsible bid.
22 (b) If a county or city performs an improvement project by force account, it shall:
23 (i) provide an accounting of the costs and expenditures of the improvement including
24 material, labor, and direct equipment costs to be calculated using the Cost Reference Guide for
25 Construction Equipment by Dataquest Inc.;
26 (ii) disclose the costs and expenditures to any person who requests to see them and allow
27 him to make a copy upon paying for the actual cost of the copy; and
28 (iii) perform the work using the same specifications and standards that would apply to a
29 private contractor.


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Legislative Review Note
as of 12-10-96 1:08 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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