First Substitute H.B. 131

Representative Michael E. Noel proposes the following substitute bill:

1 B AND C ROAD CONSTRUCTION
2 AMENDMENTS
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Michael E. Noel
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Transportation Code by amending provisions relating to the
11 construction and maintenance of class B and class C roads.
12 Highlighted Provisions:
13 This bill:
14 . prohibits a county or municipality from bidding on certain class B and class C road
15 maintenance or construction projects if the class B or class C road is not under the
16 county or municipality's jurisdiction unless no bids are received from private
17 contractors; and
18 . makes technical changes.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 72-6-108, as last amended by Laws of Utah 2009, Chapter 388

26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 72-6-108 is amended to read:
29 72-6-108. Class B and C roads -- Improvement projects -- Contracts -- Retainage.
30 (1) A county executive for class B roads and the municipal executive for class C roads
31 shall cause plans, specifications, and estimates to be made prior to the construction of any
32 improvement project, as defined in Section 72-6-109 , on a class B or C road if the estimated
33 cost for any one project exceeds the bid limit as defined in Section 72-6-109 for labor,
34 equipment, and materials.
35 (2) (a) All projects in excess of the bid limit shall be performed under contract to be let
36 to the lowest responsible bidder.
37 (b) If the estimated cost of the improvement project exceeds the bid limit for labor,
38 equipment, and materials, the project may not be divided to permit the construction in parts,
39 unless each part is done by contract.
40 (c) (i) Except as provided in Subsection (2)(c)(ii), a county or municipality may not bid
41 on a class B or class C road maintenance or construction project under this section if the
42 construction project is on a class B or class C road that is not under the county or municipality's
43 jurisdiction.
44 (ii) If no bids are received from private contractors on a class B or class C road
45 maintenance or construction project, a county or municipality may consider or accept a bid on a
46 class B or class C road or maintenance construction project from another county or
47 municipality for a road maintenance or construction project that is not under the county or
48 municipality's jurisdiction.
49 (3) (a) The advertisement on bids shall be published:
50 (i) in a newspaper of general circulation in the county in which the work is to be
51 performed at least once a week for three consecutive weeks; and
52 (ii) in accordance with Section 45-1-101 for three weeks.
53 (b) If there is no newspaper of general circulation as described in Subsection (3)(a)(i),
54 the notice shall be posted for at least 20 days in at least five public places in the county.
55 (4) The county or municipal executive or their designee shall receive sealed bids and
56 open the bids at the time and place designated in the advertisement. The county or municipal

57 executive or their designee may then award the contract but may reject any and all bids.
58 (5) The person, firm, or corporation that is awarded a contract under this section is
59 subject to the provisions of Title 63G, Chapter 6, Utah Procurement Code.
60 (6) If any payment on a contract with a private contractor for construction or
61 improvement of a class B or C road is retained or withheld, the payment shall be retained or
62 withheld and released as provided in Section 13-8-5 .