Arizona Revised Statutes Title 48. Special Taxing Districts § 48-967. Alternate project delivery method; construction projects; definitions

1. Design services and preconstruction services may be performed by one or more persons selected under § 48-282 and the compensation of any person selected to provide design services or preconstruction services under this section may be included as an incidental expense of the project.

2. In the resolution of intention, the board of directors shall describe its intent to use an alternate project delivery method pursuant to § 48-282 and shall give notice of that intent in the notice required by § 48-916.

3. The superintendent is not required to invite sealed bids under §§ 48-919 and 48-922 or publish or post notice at the passage of the resolution ordering the work and inviting sealed bids under § 48-919, and the board of directors is not required to process bids or award the contract to the lowest and best responsible bidder under § 48-922.

4. Alternative plans may be provided for through the alternate procurement method.

5. The board of directors may select the provider of construction services, enter into a contract with that provider for preconstruction services and contract to pay for and actually pay for preconstruction services before the adoption of the resolution of intention or the resolution ordering work, but is not bound to pay for construction and shall not agree to a fixed price or a guaranteed maximum price before the adoption of the resolution ordering the improvement under § 48-919. After adoption of the resolution ordering the improvement, the superintendent and the contractor shall determine a proposed fixed price or a proposed guaranteed maximum price for the construction. The notice required by § 48-923 shall be published after the determination and shall include the proposed fixed price or the proposed guaranteed maximum price and, if alternative plans have been provided for, the notice shall include the fixed price or the guaranteed maximum price for each alternative plan. Within twenty days after the date of the first publication, if no objections have been filed pursuant to § 48-923, subsection B, the district may accept the fixed price or the guaranteed maximum price. Any contract for construction is void and of no effect if the board of directors upholds an objection and abandons the proceeding pursuant to § 48-923, subsection B, except that any contract for preconstruction services remains in full force and effect. If alternative plans have been provided for and the notice includes the fixed price or the guaranteed maximum price for each alternative plan, and if, within the fifteen day period after the date of the first publication, the owners of a majority of the frontage of property fronting the proposed improvement, or, if the cost of the improvement has been made chargeable on an assessment district, the owners of a majority of the frontage of property contained within the limits of the assessment district in writing require that the proposed improvement be constructed pursuant to any particular one of the alternative plans, the board of directors shall so determine, require and accept the fixed price or the guaranteed maximum price for that alternative.

6. The assessment shall not be recorded until after acceptance of the fixed price or the guaranteed maximum price.