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H0506.........................................by RESOURCES AND CONSERVATION IRRIGATION DISTRICTS - Amends existing law relating to irrigation districts to increase to $25,000 the amount of an expenditure for which competitive bidding is required. 01/30 House intro - 1st rdg - to printing 01/31 Rpt prt - to Res/Con 02/12 Rpt out - rec d/p - to 2nd rdg 02/13 2nd rdg - to 3rd rdg 02/15 3rd rdg - PASSED - 61-1-8 AYES -- Aikele, Barraclough, Barrett, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Bruneel, Campbell, Clark, Collins, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Shepherd, Smith(33), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Young NAYS -- Callister Absent and excused -- Bedke, Crow, Gould, Kendell, Sellman, Smith(23), Wood, Mr. Speaker Floor Sponsor - Raybould Title apvd - to Senate 02/18 Senate intro - 1st rdg - to Res/Env 03/05 Rpt out - rec d/p - to 2nd rdg 03/06 2nd rdg - to 3rd rdg 03/12 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Burtenshaw Title apvd - to House 03/13 To enrol 03/14 Rpt enrol - Sp signed - Pres signed 03/14 To Governor 03/19 Governor signed Session Law Chapter 100 Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 506 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO IRRIGATION DISTRICTS AND CONTRACTS FOR CONSTRUCTION WORK; AMENDING 3 SECTION 43-901, IDAHO CODE, TO INCREASE TO TWENTY-FIVE THOUSAND DOLLARS 4 THE AMOUNT OF AN EXPENDITURE FOR WHICH COMPETITIVE BIDDING IS REQUIRED AND 5 TO MAKE A TECHNICAL CORRECTION. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 43-901, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 43-901. CONTRACTS FOR CONSTRUCTION WORK. A. The following provisions rel- 10 ative to competitive bidding apply to all irrigation districts of the state of 11 Idaho, but shall be subject to the provisions of any specific statute pertain- 12 ing to the letting of any contract, purchase or acquisition of any commodity 13 or thing by soliciting and receiving competitive bids therefor, and shall not 14 be construed as modifying or amending the provisions of any such statute, nor 15 preventing the irrigation district from doing any work by its own employees. 16 B. The word "expenditure" shall mean the granting of a contract to 17 another by the irrigation district, the construction of any works, or any por- 18 tion thereof, and every manner and means whereby the irrigation district dis- 19 burses funds or obligates itself to disburse funds; provided, however, that 20 "expenditure" does not include disbursement of funds to any irrigation dis- 21 trict employee, official, agent, or for the performance of personal services 22 to the irrigation district, or for the acquisition of personal property 23 through a contract that has been competitively bid by the state of Idaho, one 24 of its subdivisions or an agency of the federal government, and does not 25 include the purchase of used personal property. 26 C. When the expenditure contemplated exceedsfifteentwenty-five thousand 27 dollars ($125,000), the expenditure shall be contracted for and let to the 28 lowest responsible bidder. 29 D. The notice inviting bids shall set a date and place for the opening of 30 bids. The first publication of the notice shall be at least two (2) weeks 31 before the date of opening the bids. Notice shall be published at least twice, 32 not less than one (1) week apart, in the official newspaper of such irrigation 33 district. The notice shall succinctly set forth the project or construction to 34 be done. Any of the following documents shall be made available, upon reason- 35 able deposit, to any interested bidder: bid form, bidder's instructions, con- 36 tract documents, general and special instructions, drawings and specifica- 37 tions. 38 E. All bids shall be presented or otherwise delivered under sealed cover 39 to the secretary with a concise statement marked on the outside thereof gener- 40 ally identifying the expenditure to which said bid pertains. All bids shall 41 contain one (1) of the following forms of bidder's security: 42 a. Cash; 43 b. Cashier's check made payable to the irrigation district; 2 1 c. A certified check made payable to the irrigation district; 2 d. A bidder's bond executed by a qualified surety company, made payable 3 to the irrigation district. 4 F. The security shall be an amount equal to at least tenper centpercent 5 (10%) of the amount bid. A bid shall not be considered unless one (1) of the 6 forms of bidder's security is enclosed with it, and unless the bid is submit- 7 ted in a form which substantially complies with the form provided by the irri- 8 gation district. 9 G. Any bid received by the irrigation district may not be withdrawn after 10 the time set in the notice for opening of bids. All bids received must be 11 opened at the time and place set in the notice inviting bids, and no person 12 shall be denied the right to be present at the opening of bids. 13 H. If the successful bidder fails to execute the contract, the amount of 14 his bidder's security shall be forfeited to the irrigation district and the 15 proceeds shall be deposited in the fund out of which the expenses of prepara- 16 tion and printing of the plans and specifications, estimates of costs and pub- 17 lication of notice are paid. 18 I. The irrigation district may, on refusal or failure of the successful 19 bidder to execute the contract, award it to the next lowest responsible bid- 20 der. If the board awards the contract to the next lowest responsible bidder, 21 the amount of the said lowest responsible bidder's security shall be applied 22 by the irrigation district to the difference between the said lowest responsi- 23 ble bid and the said next lowest responsible bid, and the surplus, if any, 24 shall be returned to the said lowest bidder if cash or check is used, or to 25 the surety on the bidder's bond if a bond is used. 26 J. In its discretion, the board may reject any bids presented and read- 27 vertise. If two (2) or more bids are the same and the lowest responsible bids, 28 the board may accept the one it chooses. If no bids are received, the board 29 may make the expenditure without further compliance with this section. 30 K. After rejecting bids, the board may, after finding it to be a fact, 31 pass a resolution declaring that the thing sought to be accomplished by the 32 expenditure can be performed more economically by day labor, or the materials 33 or supplies furnished at a lower price in the open market. Upon adoption of 34 the resolution, it may have the thing sought to be accomplished done in the 35 manner stated without further compliance with this section. 36 L. If there is a great public calamity, as an extraordinary fire, flood, 37 storm, epidemic or other disaster, or if it is necessary to do emergency work 38 to prepare for national or local defense, or if the irrigation system of the 39 district has been seriously damaged or impaired, the board may pass a resolu- 40 tion declaring that the public interest and necessity demand the immediate 41 expenditure of public money to safeguard life, health or property or to 42 replace or repair any damaged portion of the irrigation system or to remove 43 any impediment therefrom. Upon adoption of the resolution, it may expend any 44 sum required in the emergency without compliance with this section.
STATEMENT OF PURPOSE RS 11712 The amount of an expenditure for which bidding and contracting is required for irrigation districts has not been increased since 1983. The proposed increase from $15,000 to $25,000 is necessary to catch up with inflation and match the dollar limit for other political subdivisions. FISCAL IMPACT None. Contact Name: Rep. Dell Raybould Phone: 208-332-1000 Name: Norm Samanko Gayle Batt Idaho Water Users Assn. Phone: 208-344-6690 STATEMENT OF PURPOSE/FISCAL NOTE H 506