73-10-27 - Definitions -- Project priorities -- Considerations -- Determinations of feasibility -- Bids and contracts -- Definitions -- Retainage.
73-10-27. Definitions -- Project priorities -- Considerations -- Determinations offeasibility -- Bids and contracts -- Definitions -- Retainage.
(1) As used in this section:
(a) "Board" means the Board of Water Resources created in Section 73-10-1.5.
(b) "Estimated cost" means the cost of the labor, material, and equipment necessary forconstruction of the contemplated project.
(c) "Lowest responsible bidder" means a licensed contractor:
(i) who:
(A) submits the lowest bid; and
(B) furnishes a payment bond and a performance bond under Sections 14-1-18 and63G-6-505; and
(ii) whose bid:
(A) is in compliance with the invitation for a bid; and
(B) meets the plans and specifications.
(2) In considering the priority for a project to be built or financed with funds madeavailable under Section 73-10-24, the board shall give preference to a project that:
(a) is sponsored by, or for the benefit of, the state or a political subdivision of the state;
(b) meets a critical local need;
(c) has greater economic feasibility;
(d) will yield revenue to the state within a reasonable time or will return a reasonable rateof interest, based on financial feasibility; and
(e) meets other considerations deemed necessary by the board, including wildlifemanagement and recreational needs.
(3) (a) In determining the economic feasibility, the board shall establish a benefit-to-costratio for each project, using a uniform standard of procedure for all projects.
(b) In considering whether a project should be built, the benefit-to-cost ratio for eachproject shall be weighted based on the relative cost of the project.
(c) A project, when considered in total with all other projects constructed under thischapter and still the subject of a repayment contract, may not cause the accumulativebenefit-to-cost ratio of the projects to be less than one to one.
(4) A project may not be built if the project is not:
(a) in the public interest, as determined by the board; or
(b) adequately designed based on sound engineering and geologic considerations.
(5) In preparing a project constructed by the board, the board shall:
(a) based on a competitive bid, award a contract for:
(i) a flood control project:
(A) involving a city or county; and
(B) costing in excess of $35,000;
(ii) the construction of a storage reservoir in excess of 100 acre-feet; or
(iii) the construction of a hydroelectric generating facility;
(b) publish an advertisement for a competitive bid:
(i) at least once a week for three consecutive weeks in a newspaper with generalcirculation in the state, with the last date of publication appearing at least five days before theschedule bid opening; and
(ii) indicating that the board:
(A) will award the contract to the lowest responsible bidder; and
(B) reserves the right to reject any and all bids;
(c) readvertise the project in the manner specified in Subsection (5)(b) if the board rejectsall of the initial bids on the project; and
(d) keep an accurate record of all facts and representations relied upon in preparing theboard's estimated cost for a project that is subject to the competitive bidding requirements of thissection.
(6) If no satisfactory bid is received by the board upon the readvertisement of the projectin accordance with Subsection (5), the board may proceed to construct the project in accordancewith the plan and specifications used to calculate the estimated cost of the project.
(7) If a payment on a contract with a private contractor for construction of a project underthis section is retained or withheld, it shall be retained or withheld and released as provided inSection 13-8-5.
Amended by Chapter 267, 2008 General Session
Amended by Chapter 382, 2008 General Session