AN ACT Relating to the office of minority and women's business enterprises; amending RCW 47.28.030, 47.28.050, and 47.28.090; repealing RCW 28B.10.023, 39.04.160, 39.19.010, 39.19.020, 39.19.030, 39.19.040, 39.19.050, 39.19.060, 39.19.070, 39.19.080, 39.19.090, 39.19.900, 39.19.910, 39.19.920, 39.29.050, 41.06.082, and 43.19.536; and repealing section 20, chapter 120, Laws of 1983 (uncodified).

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

NEW SECTION. Sec. 1. The following acts or parts of acts are each repealed:

(1) Section 10, chapter 120, Laws of 1983 and RCW 28B.10.023;

(2) Section 11, chapter 120, Laws of 1983 and RCW 39.04.160;

(3) Section 1, chapter 120, Laws of 1983 and RCW 39.19.010;

(4) Section 2, chapter 120, Laws of 1983 and RCW 39.19.020;

(5) Section 3, chapter 120, Laws of 1983 and RCW 39.19.030;

(6) Section 4, chapter 120, Laws of 1983 and RCW 39.19.040;

(7) Section 5, chapter 120, Laws of 1983 and RCW 39.19.050;

(8) Section 6, chapter 120, Laws of 1983 and RCW 39.19.060;

(9) Section 7, chapter 120, Laws of 1983 and RCW 39.19.070;

(10) Section 8, chapter 120, Laws of 1983 and RCW 39.19.080;

(11) Section 9, chapter 120, Laws of 1983 and RCW 39.19.090;

(12) Section 19, chapter 120, Laws of 1983 and RCW 39.19.900;

(13) Section 20, chapter 120, Laws of 1983 (uncodified);

(14) Section 21, chapter 120, Laws of 1983 and RCW 39.19.910;

(15) Section 18, chapter 120, Laws of 1983 and RCW 39.19.920;

(16) Section 12, chapter 120, Laws of 1983 and RCW 39.29.050;

(17) Section 14, chapter 120, Laws of 1983 and RCW 41.06.082; and

(18) Section 13, chapter 120, Laws of 1983 and RCW 43.19.536.

Sec. 2. Section 47.28.030, chapter 13, Laws of 1961 as last amended by section 1, chapter 194, Laws of 1984 and RCW 47.28.030 are each amended to read as follows:

A state highway shall be constructed, altered, repaired, or improved, and improvements located on property acquired for right of way purposes may be repaired or renovated pending the use of such right of way for highway purposes, by contract or state forces. The work or portions thereof may be done by state forces when the estimated costs thereof is less than thirty thousand dollars: PROVIDED, That when delay of performance of such work would jeopardize a state highway or constitute a danger to the traveling public, the work may be done by state forces when the estimated cost thereof is less than fifty thousand dollars. When the department of transportation determines to do the work by state forces, it shall enter a statement upon its records to that effect, stating the reasons therefor. To enable a larger number of small businesses, and minority, and women contractors to effectively compete for highway department contracts, the department may adopt rules providing for bids and award of contracts for the performance of work, or furnishing equipment, materials, supplies, or operating services whenever any work is to be performed and the engineer's estimate indicates the cost of the work would not exceed fifty thousand dollars. The rules adopted under this section:

(1) Shall provide for competitive bids to the extent that competitive sources are available except when delay of performance would jeopardize life or property or inconvenience the traveling public; and

(2) Need not require the furnishing of a bid deposit nor a performance bond, but if a performance bond is not required then progress payments to the contractor may be required to be made based on submittal of paid invoices to substantiate proof that disbursements have been made to laborers, materialmen, mechanics, and subcontractors from the previous partial payment; and

(3) May establish prequalification standards and procedures as an alternative to those set forth in RCW 47.28.070, but the prequalification standards and procedures under RCW 47.28.070 shall always be sufficient.

((The department of transportation shall comply with such goals and rules as may be adopted by the office of minority and women's business enterprises to implement chapter 39.19 RCW with respect to contracts entered into under this chapter. The department may adopt such rules as may be necessary to comply with the rules adopted by the office of minority and women's business enterprises under chapter 39.19 RCW.))

Sec. 3. Section 47.28.050, chapter 13, Laws of 1961 as last amended by section 16, chapter 120, Laws of 1983 and RCW 47.28.050 are each amended to read as follows:

Except as may be provided by rules and regulations adopted under RCW 47.28.030 as now or hereafter amended the department of transportation shall publish a call for bids for the construction of the highway according to the maps, plans, and specifications, once a week for at least two consecutive weeks, next preceding the day set for receiving and opening the bids, in not less than one trade paper of general circulation in the state. The call shall state the time, place, and date for receiving and opening the bids, give a brief description of the location and extent of the work, and contain such special provisions or specifications as the department deems necessary((. When necessary to implement chapter 39.19 RCW and the rules adopted to implement that chapter, the department shall include in its call for bids provisions or specifications requiring bidders to comply with chapter 39.19 RCW and the rules adopted to implement it)): PROVIDED, That when the estimated cost of any contract to be awarded is less than fifty thousand dollars, the call for bids need only be published in at least one paper of general circulation in the county where the major part of the work is to be performed: PROVIDED FURTHER, That when the estimated cost of a contract to be awarded is seven thousand five hundred dollars or less, including the cost of materials, supplies, engineering, and equipment, the department of transportation need not publish a call for bids: PROVIDED FURTHER, That after a bid call has been advertised for two consecutive weeks it may be postponed and the bids opened one week later.

Sec. 4. 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 properly filed and read only the bid items on 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 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 bid shall be considered unless the deposit is enclosed therewith.