Bill Text: AZ SB1283 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: County improvement districts; construction projects
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-02-24 - Senate FIN Committee action: Held [SB1283 Detail]
Download: Arizona-2010-SB1283-Introduced.html
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REFERENCE TITLE: county improvement districts; construction projects |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SB 1283 |
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Introduced by Senator Huppenthal
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AN ACT
amending section 48-914, Arizona Revised Statutes; amending title 48, chapter 6, article 1, Arizona Revised Statutes, by adding section 48-967; relating to county improvement districts.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 48-914, Arizona Revised Statutes, is amended to read:
48-914. Preliminary plans; estimate of cost; limitation on assessment
Before passing the resolution of intention, plans and specifications preliminary plans that show the location and the type and character of the proposed improvements and estimates of the cost and expenses thereof shall be prepared by the engineer and filed with the clerk. The assessment for any lot shall not exceed its proportion of the estimate.
Sec. 2. Title 48, chapter 6, article 1, Arizona Revised Statutes, is amended by adding section 48-967, to read:
48-967. Alternate project delivery method; construction projects
A. As an alternative to the methods described in this article for the procurement of design services, construction and construction services, the board of directors may elect to procure design services, construction and construction services, as applicable, under any of the following project delivery methods:
1. Design-bid-build, which may include procuring design services as provided by title 34, chapter 1, article 1 and construction by competitive sealed bidding pursuant to title 34, chapter 2, articles 1, 2 and 3.
2. Construction-manager-at-risk, design-build and job‑order‑contracting project delivery methods pursuant to title 34, chapter 6.
B. If the board of directors does not include design services in the construction-manager-at-risk or job-order-contracting construction services contract, the board of directors may procure any design services relating to the construction-manager-at-risk or job-order-contracting construction projects pursuant to section 34-103 or 34-603, as applicable.
C. If the costs of the project are to be assessed to property in the district, the board of directors shall follow as nearly as practicable the procedures provided in this article except:
1. Design services may be performed by one or more other persons selected under this section and the compensation of any person selected to provide design 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 this section and shall give notice of that intent in the notice required by section 48-916.
3. The superintendent is not required to invite sealed bids under sections 48-919 and 48-922 or publish or post notice at the passage of the resolution ordering the work and inviting sealed bids under section 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 section 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 and construction services before the adoption of the resolution of intention or the resolution ordering work but is not bound to pay for construction or construction services and shall not accept a guaranteed maximum price before the adoption of the resolution ordering the improvement under section 48-919. After adoption of the resolution ordering the improvement, the superintendent and the contractor shall determine a proposed guaranteed maximum price for the work under the contract. The notice required by section 48-923 shall be published after the determination and shall include the proposed guaranteed maximum price and, if alternative plans have been provided for, the notice shall include 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 section 48-923, subsection B, the district may accept 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 section 48-923, subsection B. If alternative plans have been provided for and the notice includes 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 and specifications, the board of directors shall so determine, require and accept the guaranteed maximum price for that alternative.
6. The provider of construction or construction services shall provide the one hundred per cent payment and performance bonds on district acceptance of the guaranteed maximum price.
7. The assessment shall not be recorded until after acceptance of the guaranteed maximum price.
8. The payment and retention provisions of section 48-935, subsection g apply to all contracts for construction and construction services regardless of the procurement method.
