2006 Utah Code - 73-10-27 — Project priorities -- Considerations -- Determinations of feasibility -- Bids and contracts -- Definitions -- Retainage.

     73-10-27.   Project priorities -- Considerations -- Determinations of feasibility -- Bids and contracts -- Definitions -- Retainage.
     (1) In considering the priorities for projects to be built with funds made available under Section 73-10-24, the board shall give preference to those projects which:
     (a) are sponsored by the state or a political subdivision of the state;
     (b) meet a critical local need;
     (c) have greater economic feasibility;
     (d) will yield revenue to the state within a reasonable time or will return a reasonable rate of interest, based on financial feasibility; and
     (e) meet other considerations deemed necessary by the board, including, but not limited to, wildlife management and recreational needs.
     (2) In determining the economic feasibility the board shall establish a benefit-to-cost ratio for each project, using a uniform standard of procedure for all projects. In considering whether a project should be built, the benefit-to-cost ratio for each project shall be weighted based on the relative cost of the project. A project, when considered in total with all other projects constructed under this chapter and still the subject of a repayment contract, may not cause the accumulative benefit-to-cost ratio of the projects to be less than one to one.
     (3) Under no circumstances may a project be built that is not in the public interest as determined by the Board of Water Resources, and no project may be built which is not adequately designed based on sound engineering and geologic considerations.
     (4) The board in the preparation of a project for construction shall comply with the following:
     (a) All flood control projects involving cities and counties costing in excess of $35,000, and all contracts for the construction of a storage reservoir in excess of 100 acre-feet or for the construction of a hydroelectric generating facility, shall be awarded on the basis of competitive bid. Advertisement for competitive bids shall be published by the board at least once a week for three consecutive weeks in a newspaper with general circulation in the state. The advertisement shall indicate that the board will award the contract to the lowest responsible bidder but that it reserves to itself the right to reject any and all bids. The date of last publication shall appear at least five days before the scheduled bid opening.
     (b) If all initial bids on the project are rejected, the board shall readvertise the project in the manner specified in Subsection (4)(a). If no satisfactory bid is received by the board upon the readvertisement of the project, it may proceed to construct the project but only in accordance with the plans and specifications used to calculate the estimated cost of the project.
     (c) The board shall keep an accurate record of all facts and representations relied upon in preparing its estimated cost for any project which is subject to the competitive bidding requirements of this section.
     (d) For the purposes of this Subsection (4):
     (i) "Estimated cost" means the cost of all labor, material, and equipment necessary for construction of the contemplated project.
     (ii) "Lowest responsible bidder" means any licensed contractor who submits the lowest bid, whose bid is in compliance with the invitation for bids, whose bid meets the plans and specifications, and who furnishes bonds under Sections 14-1-18 and 63-56-504.
     (5) If any payment on a contract with a private contractor for construction of projects under this section is retained or withheld, it shall be retained or withheld and released as

provided in Section 13-8-5.

Amended by Chapter 25, 2005 General Session