H‑0351.1   _____________________________________________

HOUSE BILL 1154

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives D. Schmidt, Miloscia and Romero

Read first time 01/18/2001.  Referred to Committee on State Government.

_1      AN ACT Relating to limited public works; and amending RCW

_2  39.04.155.

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_4      Sec. 1.  RCW 39.04.155 and 2000 c 138 s 101 are each amended to

_5  read as follows:

_6      (1) This section provides uniform small works roster provisions

_7  to award contracts for construction, building, renovation,

_8  remodeling, alteration, repair, or improvement of real property

_9  that may be used by state agencies and by any local government

10  that is expressly authorized to use these provisions.  These

11  provisions may be used in lieu of other procedures to award

12  contracts for such work with an estimated cost of two hundred

13  thousand dollars or less.  The small works roster process includes

14  the limited public works process authorized under subsection (3)

15  of this section and any local government authorized to award

16  contracts using the small works roster process under this section

17  may award contracts using the limited public works process under

18  subsection (3) of this section.

                               p. 1                       HB 1154

_1      (2)(a) A state agency or authorized local government may create

_2  a single general small works roster, or may create a small works

_3  roster for different specialties or categories of anticipated

_4  work.  Where applicable, small works rosters may make distinctions

_5  between contractors based upon different geographic areas served

_6  by the contractor.  The small works roster or rosters shall consist

_7  of all responsible contractors who have requested to be on the

_8  list, and where required by law are properly licensed or

_9  registered to perform such work in this state.  A state agency or

10  local government establishing a small works roster or rosters may

11  require eligible contractors desiring to be placed on a roster or

12  rosters to keep current records of any applicable licenses,

13  certifications, registrations, bonding, insurance, or other

14  appropriate matters on file with the state agency or local

15  government as a condition of being placed on a roster or rosters.

16  At least once a year, the state agency or local government shall

17  publish in a newspaper of general circulation within the

18  jurisdiction a notice of the existence of the roster or rosters

19  and solicit the names of contractors for such roster or rosters.

20  In addition, responsible contractors shall be added to an

21  appropriate roster or rosters at any time they submit a written

22  request and necessary records.  Master contracts may be required to

23  be signed that become effective when a specific award is made

24  using a small works roster.

25      (((3))) (b) A state agency establishing a small works roster or

26  rosters shall adopt rules implementing this ((section))

27  subsection.  A local government establishing a small works roster or

28  rosters shall adopt an ordinance or resolution implementing this

29  ((section)) subsection.  Procedures included in rules adopted by the

30  department of general administration in implementing this

31  ((section)) subsection must be included in any rules providing for

32  a small works roster or rosters that is adopted by another state

33  agency, if the authority for that state agency to engage in these

34  activities has been delegated to it by the department of general

35  administration under chapter 43.19 RCW. An interlocal contract or

36  agreement between two or more state agencies or local governments

37  establishing a small works roster or rosters to be used by the

HB 1154                        p. 2

_1  parties to the agreement or contract must clearly identify the

_2  lead entity that is responsible for implementing the provisions of

_3  this ((section)) subsection.

_4      (((4))) (c) Procedures shall be established for securing

_5  telephone, written, or electronic quotations from contractors on

_6  the appropriate small works roster to assure that a competitive

_7  price is established and to award contracts to the lowest

_8  responsible bidder, as defined in RCW 43.19.1911.  Invitations for

_9  quotations shall include an estimate of the scope and nature of

10  the work to be performed as well as materials and equipment to be

11  furnished. However, detailed plans and specifications need not be

12  included in the invitation.  This ((section)) subsection does not

13  eliminate other requirements for architectural or engineering

14  approvals as to quality and compliance with building

15  codes.  Quotations may be invited from all appropriate contractors

16  on the appropriate small works roster.  As an alternative,

17  quotations may be invited from at least five contractors on the

18  appropriate small works roster who have indicated the capability

19  of performing the kind of work being contracted, in a manner that

20  will equitably distribute the opportunity among the contractors on

21  the appropriate roster. However, if the estimated cost of the work

22  is from one hundred thousand dollars to two hundred thousand

23  dollars, a state agency or local government, other than a port

24  district, that chooses to solicit bids from less than all the

25  appropriate contractors on the appropriate small works roster must

26  also notify the remaining contractors on the appropriate small

27  works roster that quotations on the work are being sought.  The

28  government has the sole option of determining whether this notice

29  to the remaining contractors is made by:  (((a))) (i) Publishing

30  notice in a legal newspaper in general circulation in the area

31  where the work is to be done; (((b))) (ii) mailing a notice to

32  these contractors; or (((c))) (iii) sending a notice to these

33  contractors by facsimile or other electronic means.  For purposes of

34  this subsection (2)(c), "equitably distribute" means that a state

35  agency or local government soliciting bids may not favor certain

36  contractors on the appropriate small works roster over other

37  contractors on the appropriate small works roster who perform

38  similar services.

                               p. 3                       HB 1154

_1      (((5))) (d) A contract awarded from a small works roster under

_2  this section need not be advertised.

_3      (((6))) (e) Immediately after an award is made, the bid

_4  quotations obtained shall be recorded, open to public inspection,

_5  and available by telephone inquiry.

_6      (((7))) (3) In lieu of awarding contracts under subsection (2)

_7  of this section, a state agency or authorized local government may

_8  award a contract for work, construction, alteration, repair, or

_9  improvement project estimated to cost less than thirty-five

10  thousand dollars using the limited public works process provided

11  under this subsection.  Public works projects awarded under this

12  subsection are exempt from the other requirements of the small

13  works roster process provided under subsection (2) of this section

14  and are exempt from the requirement that contracts be awarded

15  after advertisement as provided under RCW 39.04.010.

16      For limited public works projects, a state agency or authorized

17  local government shall solicit electronic or written quotations

18  from a minimum of three contractors including a certified minority

19  or certified woman-owned contractor, when practicable and to the

20  extent permitted by the Washington state civil rights act, RCW

21  49.60.400, and shall award the contract to the lowest responsible

22  bidder as defined under RCW 43.19.1911, even if only one quotation

23  is received, or reject all quotations.  After an award is made, the

24  quotations shall be open to public inspection and available by

25  electronic request.  A state agency or authorized local government

26  shall attempt to distribute opportunities for limited public works

27  projects equitably among contractors willing to perform in the

28  geographic area of the work.  A state agency or authorized local

29  government shall maintain a list each biennium of the contracts

30  awarded under the limited public works process, including the name

31  of the contractor, the amount of the contract, a brief description

32  of the type of work performed, and the date the contract was

33  awarded.  For limited public works projects, a state agency or

34  authorized local government may waive the payment and performance

35  bond requirements of chapter 39.08 RCW and the retainage

36  requirements of chapter 60.28 RCW, thereby assuming the liability

37  for the contractor's nonpayment of laborers, mechanics,

38  subcontractors, materialmen, suppliers, and taxes imposed under

HB 1154                        p. 4

_1  Title 82 RCW that may be due from the contractor for the limited

_2  public works project, however the state agency or authorized local

_3  government shall have the right of recovery against the contractor

_4  for any payments made on the contractor's behalf.

_5      (4) The breaking of any project into units or accomplishing any

_6  projects by phases is prohibited if it is done for the purpose of

_7  avoiding the maximum dollar amount of a contract that may be let

_8  using the small works roster process or limited public works

_9  process.

10      (((8))) (5) As used in this section, "state agency" means the

11  department of general administration, the state parks and

12  recreation commission, the department of natural resources, the

13  department of fish and wildlife, the department of transportation,

14  any institution of higher education as defined under RCW

15  28B.10.016, and any other state agency delegated authority by the

16  department of general administration to engage in construction,

17  building, renovation, remodeling, alteration, improvement, or

18  repair activities.

‑‑‑ END ‑‑‑

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