48-967. Alternate project delivery method; construction projects; definitions

A. If the alternative methods to procure professional services and construction services pursuant to section 48-282 are used and 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 and preconstruction services may be performed by one or more persons selected under section 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 section 48-282 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 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 section 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 section 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 section 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 section 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.

B. If a term is used in this section and is defined in section 34-101 or 34-601, the term has the same meaning prescribed in section 34-101 or 34-601.

C. For the purposes of this section, "professional services" includes architect services, engineer services, landscape architect services, assayer services, geologist services and land surveying services and any combination of those services.

48-967. Alternate project delivery method; construction projects; definitions

A. If the alternative methods to procure professional services and construction services pursuant to section 48-282 are used and 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 and preconstruction services may be performed by one or more persons selected under section 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 section 48-282 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 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 section 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 section 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 section 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 section 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.

B. If a term is used in this section and is defined in section 34-101 or 34-601, the term has the same meaning prescribed in section 34-101 or 34-601.

C. For the purposes of this section, "professional services" includes architect services, engineer services, landscape architect services, assayer services, geologist services and land surveying services and any combination of those services.