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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 - 2002
IN 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 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;
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 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
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