48-2841

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

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.