48-2052. Bids; bond; award of contract; entering into contract; liability on bond

584 words·~3 min read·/az/title-48/48-2052

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. Bids shall be submitted accompanied by a bond payable to the sanitary district for an amount not less than ten per cent of the aggregate bid. Alternative bids may be accompanied by one bond at least equal to ten per cent of the amount of the highest proposal submitted.

B. The board shall, in open session, examine and publicly declare the bids. The board may reject any bids if deemed for the public good and shall reject all bids other than the lowest and best bid of a responsible bidder. The board may award the contract for the improvement to the lowest and best responsible bidder at the price named in his bid on a motion, noted in its minutes, approved by a majority vote of its members.

C. If the resolution of intention to make the improvement and the resolution ordering the work have provided for alternative plans and specifications and the notice has invited separate bids pursuant to the alternative plans and specifications, the board shall not award the contract for the improvement until fifteen days after the bids have been opened, examined and declared. If, within such period, the owners of a majority of the property fronting on the proposed improvement, or if the cost of the improvement is made chargeable on a district, the owners of a majority of the frontage of the property in the assessment district, in writing, require that the proposed improvement be constructed according to one of the alternative plans and specifications, the board shall so determine and require and shall award the contract to the lowest and best responsible bidder.

If no such written requirement is filed, the board shall determine which of the alternative plans and specifications to adopt, considering cost and efficiency, and shall award the contract accordingly.

D. Notice of the award of the contract shall be published twice in a daily newspaper or once in a weekly or semiweekly newspaper of general circulation in the county.

E. At any time within fifteen days from the date of the first publication, a person having an interest in a lot liable for an assessment who claims that any of the previous acts or proceedings relating to the improvement are irregular, illegal or faulty may file with the board a written notice specifying in what respect the acts and proceedings are irregular, illegal or faulty. All objections to any act or proceeding which are not made before the notice of the award are deemed to be waived, except as to matters directly affecting the authority of the board.

If the board finds any objection to be valid, it may abandon the proceedings, correct or modify any portion of the proceedings or proceed as in the first instance.

F. Within twenty days after the date of the first publication, if no objections have been filed, the successful bidder shall enter into a contract to make the improvement according to his bid. If objections are filed but are rejected by the board, the contract shall be entered into within five days after receiving notice from the board of such rejection. If the bidder fails to enter into the contract within that period, the board, without further proceedings, shall advertise for bids in the same manner as for the initial bids.

A bidder who fails to enter into the contract is liable on his bond accompanying the bid for all costs and damages incurred and sustained by reason of the failure to enter into the contract.