27-67-206. New construction generally — Definitions.

27-67-206. New construction generally — Definitions. (a) It shall be the duty of the State Highway Commission to construct the roads in the state highway system which are not now constructed and that the work of construction be pushed as rapidly as funds are available for that purpose. (b) The commission shall begin the work of construction in those counties in which the roads embraced in the state highway system have not been constructed by improvement districts, or in which only a small portion of roads have been so constructed. The commission shall continue construction work in such counties until the completed roads in each county in the state have been brought to a parity, after which construction work shall be distributed throughout the counties so as to maintain the parity as far as practical. (c) All new construction work shall be done by contract, and all contracts for the work shall be let to the lowest responsible bidder. (d) The commission shall have the right to reject any or all bids. (e) No contract in excess of ten thousand dollars ($10,000) shall be let without advertising for bids. However, the commission may enter into agreements in excess of ten thousand dollars ($10,000) on a noncompetitive basis in a manner that it deems fit with railway companies for the installation of flashing light signals or other types of railroad highway grade crossing protective devices and work necessary to be performed by the railroads in conjunction with the construction of grade elimination structures on force account or day labor basis when the work incurred is financed with federal funds in whole or in part. (f) Successful bidders shall be required to furnish a surety bond by a surety company to be approved by the commission, in a penal sum of at least one-fourth (¼) of the amount of the contract price, conditioned as the commission may require. (g) However, the commission may accept personal bonds, but in every case in which a personal bond is accepted, the contractor shall be required to deposit United States Government bonds, state highway bonds or notes, or valid bonds of any road improvement district referred to in Acts 1929, No. 65, § 19 [repealed], in an amount equal to twenty-five percent (25%) of the amount of the contract to be held in escrow as collateral security for the performance of the contract. (h) Where the commission is of the unanimous opinion that any particular piece of work may be done more economically with state forces, the commission may proceed to do the particular construction work with state forces. (i) The commission may let contracts for the construction of necessary bridges on the state highways to be paid for out of the State Highway and Transportation Department Fund. (j)(1) As used in this subsection: (A) “Authorized entity” means a company, firm, partnership, corporation, association, joint venture, or other legal entity, including a combination of any of these entities, that makes a proposal under this subsection; (B) “Concession” means a lease, franchise, easement, permit, or other binding agreement transferring rights for the use or control of a transportation facility by the commission to a private partner under this subsection; and (C) “State highway revenues” means “highway revenues” as defined under § 27-70-202. (2) Notwithstanding any other provisions of law to the contrary, the commission may: (A) Establish written procedures and rules for the procurement of: (i) Qualification-based, design-build services and for administering design-build project contracts; (ii) Qualification-based, design-build finance services and for administering a design-build finance project contract; and (iii) An agreement for a concession; (B) Receive solicited and unsolicited proposals for a project proposed under this subsection by an authorized entity; (C) Award a project contract on a qualification basis that offers the greatest value for the state; and (D) Contract with an authorized entity to design, construct, improve, and maintain qualified projects.