2002 Legislation
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HOUSE BILL NO. 506 – Irrigation dist/bidding req’d/when


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Daily Data Tracking History

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

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 506
  1                                        AN ACT
  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 exceeds fifteen twenty-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;
  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 ten per cent percent
  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 / Fiscal Impact

                       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


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