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SUBSTITUTE
SENATE BILL 5782
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Passed
Legislature - 1997 Regular Session
State of Washington 55th
Legislature 1997 Regular Session
By
Read first time 03/05/97.
Changing
bidding for water-sewer districts.
AN
ACT Relating to bid requirements for water-sewer districts; and reenacting and
amending RCW 57.08.050.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
57.08.050 and 1996 c 230 s 311 and 1996 c 18 s 14 are each reenacted and
amended to read as follows:
(1)
All ((work)) projects ordered, the estimated cost of which is in
excess of ((five)) ten thousand dollars, shall be let by
contract. The cost of a project is the aggregate amount to be paid for all
labor, materials, supplies, and equipment of a continuous or interrelated
project if the work is to be performed simultaneously or in close sequence.
All contract projects, the estimated cost of which is in excess of ten
thousand dollars but less than fifty thousand dollars, may be awarded to a
contractor using the small works roster process provided in RCW 39.04.155. The
board of commissioners may set up uniform procedures to prequalify contractors
for inclusion on the small works roster. All contract projects equal to or in
excess of fifty thousand dollars shall be let by competitive bidding. Before
awarding any such contract the board of commissioners shall publish a notice in
a newspaper of general circulation where the district is located at least once
thirteen days before the last date upon which bids will be received, inviting
sealed proposals for such work, plans and specifications ((which)).
The work plans and specifications must at the time of publication of such
notice be on file in the office of the board of commissioners and be
subject to ((the)) public inspection. The notice shall state generally
the work to be done and shall call for proposals for doing the same to be
sealed and filed with the board of water commissioners on or before the day and
hour named therein.
Each
bid shall be accompanied by a certified or cashier's check or postal money
order payable to the order of the county treasurer for a sum not less than five
percent of the amount of the bid, or accompanied by a bid bond in an amount not
less than five percent of the bid with a corporate surety licensed to do
business in the state, conditioned that the bidder will pay the district as
liquidated damages the amount specified in the bond, unless the bidder enters
into a contract in accordance with the bidder's bid, and no bid shall be
considered unless accompanied by such check, cash or bid bond. At the time and
place named such bids shall be publicly opened and read and the board of
commissioners shall proceed to canvass the bids and may let such contract to
the lowest responsible bidder upon plans and specifications on file or to the
best bidder submitting the bidder's own plans and specifications. ((However,
no contract shall be let in excess of the cost of the materials or work.))
The board of commissioners may reject all bids for good cause and readvertise
and in such case all checks, cash or bid bonds shall be returned to the
bidders. If the contract is let, then all checks, cash, or bid bonds shall be
returned to the bidders, except that of the successful bidder, which shall be
retained until a contract shall be entered into for doing the work, and a bond
to perform such work furnished with sureties satisfactory to the board of
commissioners in the full amount of the contract price between the bidder and
the commission in accordance with the bid. If the bidder fails to enter into
the contract in accordance with the bid and furnish the bond within ten days
from the date at which the bidder is notified that the bidder is the successful
bidder, the check, cash, or bid bonds and the amount thereof shall be forfeited
to the district. If the bidder fails to enter into a contract in accordance
with the bidder's bid, and the board of commissioners deems it necessary to
take legal action to collect on any bid bond required by this section, then the
district shall be entitled to collect from the bidder any legal expenses,
including reasonable attorneys' fees occasioned thereby. A low bidder who
claims error and fails to enter into a contract is prohibited from bidding on
the same project if a second or subsequent call for bids is made for the
project.
(2)
Any purchase of materials, supplies, or equipment, with an estimated cost in
excess of ten thousand dollars, shall be by contract. Any purchase of
materials, supplies, or equipment, with an estimated cost ((of from five))
in excess of ten thousand dollars ((to)) but less than
fifty thousand dollars shall be made using the process provided in RCW ((39.04.155))
39.04.190 or by competitive bidding following the procedure for letting
contracts for projects under subsection (1) of this section. Any purchase of
materials, supplies, or equipment with an estimated cost of fifty thousand
dollars or more shall be made by competitive bidding following the procedure
for letting contracts for projects under subsection (1) of this section.
(3) In the event of an emergency when the public interest or
property of the district would suffer material injury or damage by delay, upon
resolution of the board of commissioners, or proclamation of an official
designated by the board to act for the board during such emergencies, declaring
the existence of such emergency and reciting the facts constituting the same,
the board or official acting for the board may waive the requirements of this
chapter with reference to any purchase or contract. In addition, these
requirements may be waived for purchases which are clearly and legitimately
limited to a single source of supply and purchases involving special
facilities, services, or market conditions, in which instances the purchase
price may be best established by direct negotiation.
