Arizona Laws 28-7362. Emergency construction
A. Notwithstanding any other law, if the director determines that an emergency exists, the director may award a contract for the reconstruction of transportation facilities necessary to preserve the health, welfare or safety of persons or property.
Terms Used In Arizona Laws 28-7362
- Board: means the transportation board. See Arizona Laws 28-101
- Contract: A legal written agreement that becomes binding when signed.
- Contract: means all types of department agreements, regardless of what they are called, for procurements pursuant to this article. See Arizona Laws 28-7361
- Contractor: means any person who has a contract with the department. See Arizona Laws 28-7361
- Director: means the director of the department of transportation. See Arizona Laws 28-101
- Emergency: means an immediate threat to public health, welfare or safety caused by flood, earthquake, hurricane, tornado, explosion, fire or other catastrophe such that compliance with normal bidding procedures for repair or reconstruction of transportation facilities would be impracticable or contrary to the public interest. See Arizona Laws 28-7361
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Property: includes both real and personal property. See Arizona Laws 1-215
B. The director shall award a contract pursuant to this section with such competition as is practicable under the circumstances.
C. An award under this section shall be limited to the reconstruction necessary to satisfy the emergency need.
D. The director shall include the following in the contract file and in the director’s office:
1. A written report describing the basis for the determination that an emergency existed.
2. The process by which the contractor was selected.
E. As soon as practicable, the director shall make a written report to the governor and to the board describing any awards made pursuant to this section. The report shall include:
1. The written report of the basis for the director’s determination that an emergency existed.
2. A description of the reconstruction work needed, the process of selection of the contractor and the progress of the work under the emergency award.
F. At the conclusion of the work, the director shall make a final report to the board and the governor describing the project and the performance of the work.