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HOUSE BILL 1548
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Passed Legislature - 2001 Regular Session
State of Washington 57th Legislature 2001
Regular Session
By
Read first time 01/29/2001. Referred to
Committee on State Government.
Expanding the small
works roster process to include metropolitan park districts.
AN ACT Relating to
allowing metropolitan park districts to use a small works roster process; and
adding a new section to chapter 35.61 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. A new section is added
to chapter 35.61 RCW to read as follows:
(1) All work ordered,
the estimated cost of which is in excess of five thousand dollars, shall be let
by contract and competitive bidding. Before awarding any such contract the
board of park 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 must at the time of publication of such notice
be on file in the office of the board of park commissioners 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 park 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 metropolitan park district 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 metropolitan
park 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 park 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.
The board of park 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 is entered into for doing the work, and a
bond to perform such work furnished with sureties satisfactory to the board of
park commissioners in the full amount of the contract price between the bidder
and the metropolitan park district 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 metropolitan park district. If the bidder
fails to enter into a contract in accordance with the bidder's bid, and the
board of park commissioners deems it necessary to take legal action to collect
on any bid bond required by this section, then the metropolitan park district
is 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) As an alternative
to requirements under subsection (1) of this section, a metropolitan park
district may let contracts using the small works roster process under RCW
39.04.155.
(3) The
park board may waive the competitive bidding requirements of this section
pursuant to RCW 39.04.280 if an exemption contained within RCW 39.04.280
applies to the purchase or public work.
