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S.B. 17

             1     

HIGHWAY CONSTRUCTION BID LIMIT

             2     
2001 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: Peter C. Knudson

             5      This act modifies the Transportation Code to amend highway project bid limit provisions.
             6      This act affects sections of Utah Code Annotated 1953 as follows:
             7      AMENDS:
             8          72-6-107, as last amended by Chapter 365, Laws of Utah 1999
             9      Be it enacted by the Legislature of the state of Utah:
             10          Section 1. Section 72-6-107 is amended to read:
             11           72-6-107. Construction or improvement of highway -- Contracts -- Retainage.
             12          (1) (a) The department shall make plans, specifications, and estimates prior to the
             13      construction or improvement of any state highway.
             14          (b) Except as provided in Section 63-56-36.1 and except for construction or improvements
             15      performed with state prison labor, a construction or improvement project with an estimated cost
             16      exceeding [$40,000] the bid limit as defined in Section 72-6-109 for labor and materials shall be
             17      performed under contract awarded to the lowest responsible bidder.
             18          (c) The advertisement for bids shall be published in a newspaper of general circulation in
             19      the county in which the work is to be performed, at least once a week for two consecutive weeks,
             20      with the last publication at least ten days before bids are opened.
             21          (d) The department shall receive sealed bids and open the bids at the time and place
             22      designated in the advertisement. The department may then award the contract but may reject any
             23      and all bids.
             24          (e) If the department's estimates are substantially lower than any responsible bid received,
             25      the department may perform any work by force account.
             26          (2) If any payment on a contract with a private contractor for construction or improvement
             27      of a state highway is retained or withheld, the payment shall be retained or withheld and released


             28      as provided in Section 13-8-5 .




Legislative Review Note
    as of 10-18-00 4:01 PM


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

Office of Legislative Research and General Counsel


Committee Note

The Transportation Interim Committee recommended this bill.


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