S-1279 _______________________________________________
SUBSTITUTE SENATE BILL NO. 3122
_______________________________________________
C 242 L 85
State of Washington 49th Legislature 1985 Regular Session
By Senate Committee on Transportation (originally sponsored by Senators Garrett, Hansen, Granlund and Vognild; by Department of Transportation request)
Read first time 1/30/85.
AN ACT Relating to bid proposals for the department of transportation; and amending RCW 47.28.060, 47.28.080, and 47.28.090.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 47.28.060, chapter 13, Laws of 1961 as last amended by section 168, chapter 7, Laws of 1984 and RCW 47.28.060 are each amended to read as follows:
Any person,
firm, or corporation is entitled to receive copies of the maps, plans,
specifications, and directions for any work upon which call for bids has been
published, upon ((written)) request therefor and subsequent
payment to the department of a reasonable sum as required by the department in
the call for bids for each copy of such maps, plans, and specifications. Any
money so received shall be certified by the department to the state treasurer
and deposited to the credit of the motor vehicle fund. The department may
deliver with or without charge informational copies of maps, plans, specifications,
and directions at such places as it may ((from time to time)) designate.
Sec. 2. Section 47.28.080, chapter 13, Laws of 1961 as amended by section 170, chapter 7, Laws of 1984 and RCW 47.28.080 are each amended to read as follows:
Any person,
firm, or corporation proposing a bid for the construction or improvement of any
state highway in response to a call for bids published therefor may withdraw
the bid proposal without forfeiture and without prejudice to the right of the
bidder to file a new bid proposal before the time fixed for the opening of the
bid proposals. The request for the withdrawal shall be made in writing, signed
by the person proposing the bid or his duly authorized agent, and filed ((with
the department)) at the place and before the time fixed ((for the
opening)) in the call for bids for receipt of the bid proposals. No
bid proposal may be considered that has not been filed with the department
before the time fixed for the ((opening)) receipt of bid proposals.
In any provisions regarding the filing or withdrawing of bid proposals the time
fixed for the ((opening)) receipt of bid proposals in the call
for bid proposals as published shall control without regard for the time when
the bid proposals are actually opened.
Sec. 3. Section 47.28.090, chapter 13, Laws of 1961 as last amended by section 17, chapter 120, Laws of 1983 and RCW 47.28.090 are each amended to read as follows:
At the time
and place named in the call for bids the department of transportation shall
publicly open and read the final figure in each of the bid proposals that
have been properly filed and read only the ((bid items on)) unit
prices of the three lowest bids, and shall award the contract to the lowest
responsible bidder unless the department has, for good cause, continued the
date of opening bids to a day certain, or rejected ((said)) that
bid((: PROVIDED, That)). Any bid may be rejected if the bidder
has previously defaulted in the performance of and failed to complete a written
public contract, or has been convicted of a crime arising from a previous
public contract. If the lowest responsible bidder fails to meet the provisions
or specifications requiring compliance with chapter 39.19 RCW and the rules
adopted to implement that chapter, the department may award the contract to the
next lowest responsible bidder which does meet the provisions or specifications
or may reject all bids and readvertise. All bids shall be under sealed cover
and accompanied by deposit in cash, certified check, cashier's check, or surety
bond in an amount equal to five percent of the amount of the bid, and ((no))
a bid shall not be considered unless the deposit is enclosed ((therewith))
with it.