6407

ESB 6407 - H COMM AMD

By Committee on Commerce & Labor

ADOPTED AS AMENDED 3/5/92

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 39.04 RCW to read as follows:

(1) The provisions of RCW 4.84.250 through 4.84.280 shall apply to an action arising out of a public works contract in which the state or a municipality, or other public body that contracts for public works, is a party, except that: (a) The maximum amount of the pleading shall be two hundred fifty thousand dollars; and (b) in applying RCW 4.84.280, the time period for serving offers of settlement on the adverse party shall be the period not less than thirty days and not more than one hundred twenty days after completion of the service and filing of the summons and complaint.

(2) The rights provided for under this section may not be waived by the parties to a public works contract that is entered into on or after the effective date of this act, and a provision in such a contract that provides for waiver of these rights is void as against public policy. However, this subsection shall not be construed as prohibiting the parties from mutually agreeing to a clause in a public works contract that requires submission of a dispute arising under the contract to arbitration.

(3) In awarding contracts subject to this section, the public owner in determining the lowest responsible bidder may give consideration to, in addition to price, the following factors:

(a) The ability of the contractor to complete the contract within the prescribed schedule outlined in the contract specifications; and

(b) The compliance of the contractor with federal, state, and local laws pertaining to the contract."

ESB 6407 - H COMM AMD

By Committee on Commerce & Labor

On page 1, line 1 of the title, after "contracts;" strike the remainder of the title and insert "and adding a new section to chapter 39.04 RCW."