S 0493

S‑0493.1 _____________________________________________

SENATE BILL 5063

_____________________________________________

State of Washington 57th Legislature 2001 Regular Session

By Senators Patterson and Winsley

Read first time 01/10/2001. Referred to Committee on State & Local 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.

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_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

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_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.

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_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

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_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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