13-2904. Contracts authorized; governing body; resolution required.

271 words·~1 min read·/ne/chapter-13/13-2904

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

(1)Notwithstanding the procedures for public lettings in sections 73-101 to 73-106 or any other statute relating to the letting of bids by a political subdivision, a political subdivision which follows the Political Subdivisions Construction Alternatives Act may do any of the following:

(a)Solicit and execute a design-build contract or a construction management at risk contract; and

(b)Enter into a public-private partnership contract.

(2)A political subdivision may receive, evaluate, and execute any unsolicited proposal from a private party. Such proposal may be initiated by such private party. A public-private partnership contract may be entered into between the private party and political subdivision without complying with the requirements for design-build contracts or construction management at risk contracts under the Political Subdivisions Construction Alternatives Act.

(3)The governing body of the political subdivision shall adopt a resolution selecting the design-build contract, construction management at risk contract, or public-private partnership contract delivery system provided under the act prior to proceeding under sections 13-2905 to 13-2914 . The resolution shall require the affirmative vote of at least two-thirds of the governing body of the political subdivision. For a project authorized under subsection

(3)of section 13-2914 , the resolution shall include a statement that the political subdivision has made a determination that the design-build contract, construction management at risk contract, or public-private partnership contract delivery system is in the public interest based, at a minimum, on one of the following criteria:

(a)Savings in cost or time or

(b)requirement of specialized or complex construction methods suitable for the design-build contract, construction management at risk contract, or public-private partnership contract delivery system.