BILL REQ. #: H-4205.1
State of Washington | 60th Legislature | 2008 Regular Session |
Read first time 01/23/08. Referred to Committee on State Government & Tribal Affairs.
AN ACT Relating to increasing estimated cost minimums required on water-sewer district contracts for materials and work; 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 2003 c 145 s 1 and 2003 c 60 s 1 are
each reenacted and amended to read as follows:
(1) All work ordered, the estimated cost of which is in excess of
((ten)) twenty-five thousand dollars, shall be let by contract and
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 must at the
time of publication of such notice be on file in the office of the
board of 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
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. 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) As an alternative to requirements under subsection (1) of this
section, a water-sewer district may let contracts using the small works
roster process under RCW 39.04.155.
(3) Any purchase of materials, supplies, or equipment, with an
estimated cost in excess of ((ten)) twenty-five thousand dollars, shall
be by contract. Any purchase of materials, supplies, or equipment,
with an estimated cost of less than fifty thousand dollars shall be
made using the process provided in RCW 39.04.190. 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.
(4) As an alternative to requirements under subsection (3) of this
section, a water-sewer district may let contracts for purchase of
materials, supplies, or equipment with the suppliers designated on
current state agency, county, city, or town purchasing rosters for the
materials, supplies, or equipment, when the roster has been established
in accordance with the competitive bidding law for purchases applicable
to the state agency, county, city, or town. The price and terms for
purchases shall be as described on the applicable roster.
(5) The board may waive the competitive bidding requirements of
this section pursuant to RCW 39.04.280 if an exemption contained within
that section applies to the purchase or public work.