[Plan for construction; advertising for bids; contractors bonds.]

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After adopting a plan for the construction of canals, reservoirs and works, the board of directors shall give notice, by publication thereof, not less than twenty days in a newspaper published in each of the counties into which any such irrigation extends, provided a newspaper is published therein, and in such other newspapers as they may deem advisable, calling for bids for the construction of said work or any portion thereof; if less than the whole work is advertised, then the portion so advertised must be particularly described in such notice; said notice shall set forth that plans and specifications can be seen at the office of the board, and that the board will receive sealed proposals therefor and that the contract will be let to the lowest responsible bidder, stating the time and place for opening the proposals, which at said time and place shall be opened in public, and as soon as convenient thereafter, the board shall let said work, either in portions or as a whole, to the lowest responsible bidder, or they may reject any or all bids and readvertise for proposals or may proceed to construct the work under their own superintendence.

Contracts for the purchase of material shall be awarded to the lowest responsible bidder. The person or persons to whom a contract may be awarded shall enter into a bond with good and sufficient sureties, to be approved by the board, payable to said district for its use, for not less than ten percent of the amount of the contract price, conditioned for the faithful performance of said contract. The work shall be done under the direction and to the satisfaction of the engineer in charge and be approved by the board.

Provided, that the provisions of this section shall not apply in the case of any contract between the district and the United States.

History: Laws 1919, ch. 20, § 26; C.S. 1929, § 73-127; 1941 Comp., § 77-2219; 1953 Comp., § 75-23-19.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Compiler's notes. — For the meaning of the term "this act", see compiler's notes to 73-10-1 NMSA 1978.

Cross references. — For notice by publication, see 14-11-1 NMSA 1978.

Shorter notice required for project under federal grant. — Any municipality or political subdivision is permitted to advertise the construction of public works projects when under federal loan or grant for a minimum period, not exceeding five days, regardless of the provisions of any general, special, or local law which may provide for a longer period of advertisement. 1939 Op. Att'y Gen. No. 39-3107.


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