| (1) |
In accordance with this section, the department may:
Terms Used In Utah Code 72-6-205- Commission: means the Transportation Commission created under Section 72-1-301. See Utah Code 72-1-102
- Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Tollway development agreement: means a contractual agreement with a public or private entity that provides for any predevelopment activities, design, construction, reconstruction, financing, acquisition, maintenance, or operation of a tollway or any or all of them. See Utah Code 72-6-202
| (a) |
accept unsolicited tollway development agreement proposals; or |
| (b) |
solicit tollway development agreement proposals for a proposed project. |
|
| (2) |
The department shall solicit tollway development agreement proposals in accordance with Section 63G-6a-1403. |
| (3) |
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department and the commission shall establish rules and procedures for accepting unsolicited proposals that require the:
| (a) |
private entity that submits the unsolicited proposal to comply with the minimum requirements for tollway development agreement proposals under Section 72-6-204; |
| (b) |
department to issue a request for competing proposals and qualifications that includes:
| (i) |
a description of the proposed tollway development facility and the terms and conditions of a tollway development agreement; |
| (ii) |
submittal requirements; |
| (iii) |
the criteria to be used to evaluate the proposals; |
| (iv) |
the relative weight given to the criteria; and |
| (v) |
the deadline by which competing proposals must be received; and |
|
| (c) |
department to publish a notice advertising the request for competing proposals and providing information regarding how to obtain a copy of the request. |
|
| (4) |
| (a) |
The department may establish a fee in accordance with Section 63J-1-504 for reviewing unsolicited proposals and competing proposals submitted under this section. |
| (b) |
The department may waive the fee under Subsection (4)(a) if it determines that it is reasonable and in the best interest of the state. |
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Amended by Chapter 347, 2012 General Session
