AN ACT Relating to jumbo ferry construction;
adding new sections to chapter 47.60 RCW; and declaring an emergency.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1.
Whenever the department is authorized to construct one or more new jumbo ferry
vessels under this chapter, it shall publish a notice of its intent once a week
for at least two consecutive weeks in at least one trade paper and one other
paper, both of general circulation in the state. The notice shall contain, but
not be limited to, the following information:
(1) The number of jumbo ferry vessels to be
constructed and the proposed delivery date for each vessel;
(2) A short summary of the requirements for
prequalification of bidders including a statement that prequalification is a
prerequisite to consideration by the department of any bid, and a statement
that the bidder shall submit its bid for the vessel in compliance with the
plans and specifications supplied by the state; and
(3) An address and telephone number that may be
used to obtain the bid package.
NEW SECTION. Sec. 2.
The department shall send to any firm that requests it bidding documents
specifying the criteria for the jumbo ferry vessels. The bid documents shall
include, but not be limited to, the following information:
(1) Solicitation of a bid to deliver to the
department vessels that are constructed as specified by the plans and
specifications provided by the department;
(2) A requirement that bids submitted should
include one bid for the construction of three vessels;
(3) The proposed delivery date for each vessel,
the port on Puget Sound where delivery will be taken, and the location where
acceptance sea trials will be held;
(4) The amount and form of required contract
security under RCW 39.08.100;
(5) A copy of the vessel construction contract
that will be signed by the successful bidder;
(6) The date by which bids for ferry vessel
construction must be received by the department in order to be considered;
(7) A requirement that the contractor comply
with all applicable laws, rules, and regulations including, but not limited to
those pertaining to the environment, worker health and safety, and prevailing
wages;
(8) A requirement that the vessels be
constructed within the boundaries of the state of Washington except that
equipment furnished by the state and components, products, and systems that are
standard manufactured items are not subject to the in-state requirement under
this subsection. For the purposes of this section, "constructed"
means: The fabrication, by the joining together by welding or fastening of all
steel parts from which the total vessel is constructed, including, but not
limited to, all shell frames, longitudinals, bulkheads, webs, piping runs, wire
ways, and ducting. "Constructed" also means the installation of all
components and systems, including, but not limited to, equipment and machinery,
castings, electrical, electronics, deck covering, lining, paint and joiner
work, required by the contract. "Constructed" also means the
interconnection of all equipment, machinery, and services, such as piping,
wiring, and ducting;
(9) A requirement that all warranty work on the
vessel be performed within the boundaries of the state of Washington, insofar
as practicable;
(10) A statement that any bid submitted
constitutes an offer and remains open until ninety days after the deadline for
submitting bids, unless the firm submitting it withdraws it by formal written
notice that is received by the department before the date and time specified
for opening of the bids, together with an explanation of the requirement that
all bids submitted be accompanied by a bid deposit in the amount of five
percent of the bid amount; and
(11) A listing of all equipment to be furnished
by the state.
NEW SECTION. Sec. 3. If
the lowest responsible bid exceeds by more than five percent the engineer's
estimate of the cost to construct the vessels in the state of Washington, the
department shall request the legislative transportation committee to perform
and complete within sixty days after the bid opening, an independent review of
the engineer's estimate and the bidding results to determine the
appropriateness of the original engineer's estimate. In performing the
independent review, the legislative transportation committee shall consult with
persons not bidding on the construction of new jumbo ferry vessels in the state
of Washington and who have experience in maritime bidding, ferry construction
bid estimating, and are familiar with shipbuilding costs in the Pacific Northwest.
If the legislative transportation committee confirms the original engineer's
estimate it becomes the confirmed estimate. If the legislative transportation
committee's review determines that the engineer's estimate should be adjusted
to reflect appropriate and current information, the department shall evaluate
the lowest responsible bid against the revised engineer's estimate. If the
lowest responsible bid does not exceed the revised engineer's estimate by more
than five percent, the department shall follow the procedures established under
sections 4 through 6 of this act. If the lowest responsible bid exceeds by
more than five percent the confirmed or revised engineer's estimate, the
department shall solicit new bids, retaining the in-state requirement
established in section 2(8) of this act. If the lowest responsible bid again
exceeds the confirmed or revised engineer's estimate by more than five percent,
the department shall rebid the project, eliminating the in-state requirement.
NEW SECTION. Sec. 4.
(1) Upon concluding its evaluation, the department may:
(a) Select the firm submitting the lowest
responsible bid for the construction of new jumbo ferries, taking into
consideration the requirements stated in the bid documents and rank the
remaining firms, judging them by the same standards;
(b) Reject all bids not in compliance with the
requirements contained in the bid documents;
(c) Reject all bids.
(2) The department shall immediately notify
those firms that were not selected as the firm presenting the lowest
responsible bid. The department's selection is conclusive unless appeal from
it is taken by an aggrieved firm to the superior court of Thurston county
within five days after receiving notice of the department's final decision.
The appeal shall be heard summarily within ten days after it is taken and on
five days' notice to the department. The court shall hear any appeal on the
administrative record that was before the department. The court may affirm the
decision of the department, or it may reverse the decision if it determines the
action of the department was arbitrary or capricious.
NEW SECTION. Sec. 5.
(1) Upon selecting the firm that has submitted the lowest responsible bid for
the construction of new jumbo ferries, and ranking the remaining firms in order
of preference, the department shall:
(a) Sign a contract with the firm presenting
the lowest responsible bid; or
(b) If a final agreement satisfactory to the
department cannot be signed with the firm presenting the lowest responsible
bid, the department may sign a contract with the firm ranked next lowest
bidder. If necessary, the department may repeat this procedure with each firm
in order until the list of firms has been exhausted, or reject all bids.
(2) In developing a contract for the
construction of ferry vessels, the department may, subject to the provisions of
RCW 39.25.020, authorize the use of foreign-made materials and components,
products, and systems that are standard manufactured items in the construction
of ferries in order to minimize costs.
NEW SECTION. Sec. 6.
Bids submitted by firms under this section constitute an offer and shall remain
open for ninety days. When submitted, each bid shall be accompanied by a
deposit in cash, certified check, cashier's check, or surety bond in an amount
equal to five percent of the bid amount, and no bid may be considered unless
the deposit is enclosed. If the department awards a contract to a firm and the
firm fails to enter into a contract or fails to furnish a satisfactory contract
security as required by RCW 39.08.100, its deposit shall be forfeited to the
state and be deposited by the state treasurer to the credit of the Puget Sound
capital construction account. Upon the execution of a ferry construction
contract for the construction of new jumbo ferries, all bid deposits shall be
returned.
NEW SECTION. Sec. 7.
Sections 1 through 6 of this act are each added to chapter 47.60 RCW.
NEW SECTION. Sec. 8.
This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and shall take effect immediately.
