48-2841. Proposals; bond; award of contract; entering into contract; liability on bond

863 words·~4 min read·/az/title-48/48-2841

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

A. If the board invites proposals for construction of the flood protection facility, written and signed proposals shall be submitted accompanied by a bond payable to the flood protection district in an amount of at least ten per cent of the aggregate proposal.

B. The board, in open session, shall examine and publicly declare the proposals. The board may reject any proposals if deemed for the public good and shall reject all proposals other than the lowest and best proposal 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 that bidder's proposal on a motion, noted in its minutes, approved by a majority vote of its members.

C. 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.

D. At any time within fifteen days after the date of the first publication, a person having an interest in a lot, acre or parcel 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 that are taken before the first publication of 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.

E. 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 its 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 that rejection. If the bidder fails to enter into the contract within that period, the board, without further proceedings, shall advertise for proposals in the same manner as for the initial proposals.

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

F. If the board determines that contracting services for construction of the flood protection facility should be procured pursuant to title 34, chapter 6, article 1, before executing the contract pursuant to section 34-609, the board shall formally approve the form of contract and award the contract to the selected person or firm on a motion, noted in its minutes and approved by a majority vote of its members.

G. 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. The notice of award shall specifically state the type of contract and that the contract was procured pursuant to title 34, chapter 6, article 1 without competitive bidding.

H. At any time within fifteen days after the date of the first publication, any person or entity that participated in the procurement process that selected the person or entity to whom such contract was awarded, or a person having an interest in a lot, acre or parcel liable for an assessment who claims that any of the previous acts or proceedings relating to the improvement or the procurement of contracting services 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 that 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.

I. Within twenty days after the date of the first publication, if no objections have been filed, the person or entity to whom contracting services have been awarded shall enter into a contract to construct the flood protection facility according to its proposal. 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 the rejection. If the person or entity to whom contracting services have been awarded fails to enter into the contract within that period, the board without further proceedings shall either advertise for proposals, negotiate a contract with one of the other persons or entities that participated in the procurement process or reinitiate the process for procurement of contracting services pursuant to title 34, chapter 6, article 1.

The person or entity that failed to enter into the contract is liable for all costs and damages incurred and sustained by reason of that failure.