H-943                _______________________________________________

                                                   HOUSE BILL NO. 1394

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Rayburn and Baugher

Read first time 1/23/89 and referred to Committee on Agriculture & Rural Development.  Referred 2/13/89 to Committee on Rules.

AN ACT Relating to irrigation districts; amending RCW 87.03.435; and adding a new section to chapter 87.03 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 35, page 689, Laws of 1889-90 as last amended by section 3, chapter 168, Laws of 1984 and RCW 87.03.435 are each amended to read as follows:

(1) Any person to whom a contract may have been awarded for the construction of a canal or any of the works of the district, or any portion thereof, or for the furnishing of labor or material, shall enter into a bond with good and sufficient sureties, to be approved by the board of directors, payable to the district for its use, for at least twenty-five percent of the amount of the contract price, conditioned for the faithful performance of said contract, and with such further conditions as may be required by law in the case of contracts for public work, and as may be required by resolution of the board.  All works shall be done under the direction and to the satisfaction of the engineer of the district, and be approved by the board.  Except as provided in subsections (2) and (3) of this section and section 2 of this 1989 act, whenever in the construction of the district canal or canals, or other works, or the furnishing of materials therefor, the board of directors ((shall)) determines to let a contract or contracts for the doing of the work or the furnishing of the materials, a notice calling for sealed proposals shall be published.  The notice shall be published in a newspaper in the county in which the office of the board is situated, and in any other newspaper which may be designated by the board, and for such length of time, not less than once each week for two weeks, as may be fixed by the board.  At the time and place appointed in the notice for the opening of bids, the sealed proposals shall be opened in public, and as soon as convenient thereafter, the board shall let the work or the contract for the purchase of materials, either in portions or as a whole, to the lowest responsible bidder, or the board may reject any or all bids and readvertise, or may proceed to construct the work under its own superintendence((:  PROVIDED, That)).

(2) The provisions of this section in regard to public bidding shall not apply in cases where the board is authorized to exchange bonds of the district in payment for labor and material((:  PROVIDED FURTHER, That)).

(3) The provisions of this section ((shall)) do not apply:

(a) In the case of any contract between the district and the United States;

(b) In the case 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 directors or proclamation of an official designated by the board to act for the board during such emergencies.  The resolution or proclamation shall declare the existence of the emergency and recite the facts constituting the emergency; or

(c) To purchases which are clearly and legitimately limited to a single source of supply or to purchases involving special facilities, services, or market conditions, in which instances the purchase price may be best established by direct negotiation.

NEW SECTION. Sec. 2.  A new section is added to chapter 87.03 RCW to read as follows:

          All contract projects, the estimated cost of which is less than one hundred thousand dollars, may be awarded to a contractor on the small works roster.  The small works roster shall be comprised of all responsible contractors who have requested to be on the list.  The board of directors may set up uniform procedures to prequalify contractors for inclusion on the small works roster.  The board of directors shall authorize by resolution a procedure for securing telephone and/or written quotations from the contractors on the small works roster to assure establishment of a competitive price and for awarding contracts to the lowest responsible bidder.  Such procedure shall require that a good-faith effort be made to request quotations from all contractors on the small works roster.  Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry.  The small works roster shall be revised once a year.