2006 Utah Code - 17A-3-208 — Contract required for improvement -- Bidding requirements -- Exceptions.

     17A-3-208.   Contract required for improvement -- Bidding requirements -- Exceptions.
     (1) As used in this section, the word "sealed" does not preclude acceptance of electronically sealed and submitted bids or proposals in addition to bids or proposals manually sealed and submitted.
     (2) (a) Except as otherwise provided in this section, improvements in a special improvement district shall be made only under contract duly let to the lowest responsible bidder for the kind of service or material or form of construction which may be desired. The improvements may be divided into parts, and separate contracts let for each part, or several parts may be combined in the same contract. A contract may be let on a unit basis. A contract shall not be let until a notice to contractors that sealed bids for the construction of the improvements will be received by the governing body at a specified time and place, and this notice has been published at least one time in a newspaper having general circulation in the county at least 15 days before the date specified for the receipt of bids.
     (b) If by inadvertence or oversight, the notice is not published or is not published for a sufficient period of time prior to the receipt of bids, the governing body, however, may still proceed to let a contract for the improvements if at the time specified for the receipt of bids it has received not less than three sealed and bona fide bids from contractors.
     (c) If, under the construction contract, periodic payments for work performed are to be made by the issuance of interim warrants, this fact shall be disclosed in the notice to contractors. The notice to contractors may be published simultaneously with the notice of intention.
     (3) The governing body, or its designated agent, shall at the time specified in the notice, open, examine, and publicly declare the bids. From these bids, the governing body may award a contract to the lowest, responsible bidder if that party's bid is responsive to the request for proposal or invitation to bid; but the governing body shall not be obligated or required to award a contract to any bidder and may reject any or all bids. In the event no bids are received or no responsive or acceptable bids are received after one public invitation to bid, the governing body may take any of the following actions:
     (a) publicly rebid the project using the original plans, specifications, cost estimates, and contract documents;
     (b) negotiate a contract privately using the original project plans, specifications, cost estimates, and contract documents;
     (c) publicly rebid the project after revising the original plans, specifications, cost estimates, or contract documents;
     (d) cancel the project;
     (e) abandon or dissolve the improvement district; or
     (f) perform the project work with the governing entity's work forces and be reimbursed for this work out of the special assessments levied.
     (4) A contract need not be let for any improvement or part of any improvement the cost of which or the making of which is donated or contributed by any individual, corporation, the county, a municipality, the state, the United States, or any political subdivision of the state or of the United States. These donations or contributions may be accepted by the governing entity, but no assessments shall be levied against the property in the district for the amount of the donations or contributions.
     (5) A contract need not be let as provided in this section where the improvements consist

of the furnishing of utility services or maintenance of improvements. This work may be done by the governing entity itself. Assessments may be levied for the actual cost incurred by the governing entity for the furnishing of these services or maintenance, or in case the work is done by the governing entity, to reimburse the governing entity for the reasonable cost of supplying the services or maintenance.
     (6) A contract need not be let as provided in this section where any labor, materials, or equipment to make any of the improvements are supplied by the governing entity. Assessments may be levied to reimburse the governing entity for the reasonable cost of supplying such labor, materials or equipment. The provisions of Title 11, Chapter 39, Building Improvements and Public Works Projects, and Section 72-6-108 shall not apply to the improvements to be placed in a special improvement district created under this part.

Amended by Chapter 259, 2003 General Session