2006 Utah Code - 17A-3-308 — Contracting for improvements -- Bids, publication, and notice -- Improvements for which contracts need not be let.

     17A-3-308.   Contracting for improvements -- Bids, publication, and notice -- Improvements for which contracts need not be let.
     (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 determined upon. The improvements may be divided into parts and separate contracts let for each part or several such 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 such notice has been published at least one time in a newspaper having general circulation in the municipality 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 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) The notice to contractors may be published simultaneously with the notice of intention.
     (d) The governing body shall in open session at the time specified in the notice, open, examine and publicly declare the bids and may reject any or all bids when considered for the public good and, at such or a later meeting, shall reject all bids other than the lowest and best bid of a responsible bidder.
     (e) If the price bid by the lowest and best responsible bidder exceeds the estimated costs as determined by the engineer of the municipality, the governing body may nevertheless award a contract for the price so bid.
     (f) The governing body may in any case refuse to award a contract and may obtain new bids after giving a new notice to contractors or may determine to abandon the district or not to make some of the improvements proposed to be made.
     (3) 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 municipality, this state, or the United States or any political subdivision of this state or of the United States. All such donations or contributions may be accepted by the municipality, but no assessments shall be levied against the property in the district for the amount of such donations or contributions.
     (4) 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. The work may be done by the municipality itself. Assessments may be levied for the actual cost incurred by the municipality for the furnishing of the services or maintenance or, in case the work is done by the municipality, to reimburse the municipality for the reasonable cost of supplying the services or maintenance.
     (5) 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 municipality. Assessments may be levied to reimburse the municipality for the reasonable cost of supplying the labor, materials,

or equipment.

Amended by Chapter 86, 2000 General Session