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20LSO-0506
2020
STATE OF WYOMING
20LSO-0506
Numbered
2.0
HOUSE BILL NO. HB0124
Cities and towns-vehicle bid guarantee.
Sponsored by: Representative(s) Burkhart, Eyre and Lindholm and Senator(s) Case
A BILL
for
AN ACT relating to cities and towns; eliminating procurement guarantee requirements for cities, towns and certain joint powers boards when procuring a motor vehicle; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 15
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1
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113(d) and (f) through (h) is amended to read:
15
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1
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113.
Contracts for public improvements.
(d)
Every contract shall be executed by the mayor or in his absence or disability, by the president or other presiding officer of the governing body and by the clerk or designee of the governing body. The successful bidder or respondent shall furnish to the city, town or joint powers board a bond as specified in the advertisement, or if the contract price is one hundred fifty thousand dollars ($150,000.00) or less, any other form of financial guarantee satisfactory to the city, town or joint powers board. The bond or other form of financial guarantee shall meet the requirements of W.S. 16
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112.
A successful bidder shall not be required to furnish a bond or other form of guarantee if the contract is for the purchase or lease of a new automobile or truck that costs less than one hundred thousand dollars ($100,000.00).
(f)
In advertising for any bid, the forms of guarantee required under this section and approved by the city, town or joint powers board shall be specified. In addition, bidders shall be required to accompany each bid with a bid bond or if the bid is one hundred fifty thousand dollars ($150,000.00) or less, any other form of bid
guarantee approved by the city, town or joint powers board, equal to at least five percent (5%) of the total bid amount, with sufficient surety and payable to the city, town or joint powers board.
Bidders shall not be required to accompany a bid with a bid bond or other form of bid guarantee if the bid is for the purchase or lease of a new automobile or truck that costs less than one hundred thousand dollars ($100,000.00).
The bid guarantee shall be forfeited as liquidated damages if the bidder, upon the letting of the contract to him, fails to enter into the contract within thirty (30) days after it is presented to him for that purpose or fails to proceed with the performance of the contract. The bid guarantee shall be retained by the city, town or joint powers board until proper bond or other form of security satisfactory to the city, town or joint powers board to secure performance of the contract has been filed and approved. The right to reject any bid is reserved in all bid advertisements. All bids shall be numbered consecutively before they are opened and no further bids may be received after the advertised time of opening bids and any bid is publicly opened. The city, town or joint powers board shall give all persons who
desire an opportunity to inspect all bids when they are opened. No bid may be considered unless accompanied by a bid guarantee in the required amount.
(g)
No contract for which a bond or other form of financial guarantee approved by the city, town or joint powers board is required
or for the purchase or lease of a new automobile or truck that is subject to the advertising requirements of subsection (a) of this section
may be assigned or transferred in any manner except by operation of law or consent of the governing body endorsed on the contract. Assignment by any other means renders the contract null and void as to any further performance by the contractor or the assignee, without any act on the part of the city, town or joint powers board. The city, town or joint powers board may at once proceed to relet the contract or may at its discretion proceed to complete the contract as agent at the expense of the contractor and his sureties.
(h)
Before any contractor or his representative receives a final payment on any contract for which a bond
or other financial guarantee is required
or for the purchase or lease of a new automobile or truck that is subject to the advertising requirements of subsection (a) of this section
, the city, town or joint powers board shall publish in a newspaper of general circulation in the city or town, or in the case of a joint powers board in any member city or town, at least ten (10) days prior to the final payment, a notice to the effect that persons having claims for labor and material furnished the contractor shall present them to the city, town or joint powers board prior to the date specified for payment.
Section 2
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This act is effective July 1, 2020
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(END)
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HB0124