11-42-301 - Improvements made only under contract let to lowest responsive, responsible bidder -- Publishing notice -- Sealed bids -- Procedure -- Exceptions to contract requirement.
11-42-301. Improvements made only under contract let to lowest responsive,responsible bidder -- Publishing notice -- Sealed bids -- Procedure -- Exceptions to contractrequirement.
(1) Except as otherwise provided in this section, a local entity may make improvementsin an assessment area only under contract let to the lowest responsive, responsible bidder for thekind of service, material, or form of construction that the local entity's governing bodydetermines in compliance with any applicable local entity ordinances.
(2) A local entity may:
(a) divide improvements into parts;
(b) (i) let separate contracts for each part; or
(ii) combine multiple parts into the same contract; and
(c) let a contract on a unit basis.
(3) (a) A local entity may not let a contract until after publishing notice as provided inSubsection (3)(b):
(i) at least one time in a newspaper of general circulation within the boundaries of thelocal entity at least 15 days before the date specified for receipt of bids; and
(ii) in accordance with Section 45-1-101, at least 15 days before the date specified forreceipt of bids.
(b) Each notice under Subsection (3)(a) shall notify contractors that the local entity willreceive sealed bids at a specified time and place for the construction of the improvements.
(c) Notwithstanding a local entity's failure, through inadvertence or oversight, to publishthe notice or to publish the notice within 15 days before the date specified for receipt of bids, thegoverning body may proceed to let a contract for the improvements if the local entity receives atleast three sealed and bona fide bids from contractors by the time specified for the receipt of bids.
(d) A local entity may publish a notice required under this Subsection (3) at the sametime as a notice under Section 11-42-202.
(4) (a) A local entity may accept as a sealed bid a bid that is:
(i) manually sealed and submitted; or
(ii) electronically sealed and submitted.
(b) The governing body or project engineer shall, at the time specified in the notice underSubsection (3), open and examine the bids.
(c) In open session, the governing body:
(i) shall declare the bids; and
(ii) may reject any or all bids if the governing body considers the rejection to be for thepublic good.
(d) The local entity may award the contract to the lowest responsive, responsible biddereven if the price bid by that bidder exceeds the estimated costs as determined by the projectengineer.
(e) A local entity may in any case:
(i) refuse to award a contract;
(ii) obtain new bids after giving a new notice under Subsection (3);
(iii) determine to abandon the assessment area; or
(iv) not make some of the improvements proposed to be made.
(5) A local entity is not required to let a contract as provided in this section for:
(a) an improvement or part of an improvement the cost of which or the making of which
is donated or contributed;
(b) an improvement that consists of furnishing utility service or maintainingimprovements;
(c) labor, materials, or equipment supplied by the local entity;
(d) the local entity's acquisition of completed or partially completed improvements in anassessment area;
(e) design, engineering, and inspection costs incurred with respect to the construction ofimprovements in an assessment area; or
(f) additional work performed in accordance with the terms of a contract duly let to thelowest responsive, responsible bidder.
(6) A local entity may itself furnish utility service and maintain improvements within anassessment area.
(7) (a) A local entity may acquire completed or partially completed improvements in anassessment area, but may not pay an amount for those improvements that exceeds their fairmarket value.
(b) Upon the local entity's payment for completed or partially completed improvements,title to the improvements shall be conveyed to the local entity or another public agency.
(8) The provisions of Title 11, Chapter 39, Building Improvements and Public WorksProjects, and Section 72-6-108 do not apply to improvements to be constructed in an assessmentarea.
Amended by Chapter 246, 2009 General Session
Amended by Chapter 388, 2009 General Session