Z-1058               _______________________________________________

                                                   HOUSE BILL NO. 1469

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Walk, Betrozoff, Patrick, Cantwell and Meyers; by request of Department of Transportation

Read first time 1/15/88 and referred to Committee on Transportation.

AN ACT Relating to exchange of property by the department of transportation; and amending RCW 47.12.130.

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

        Sec. 1.  Section 47.12.130, chapter 13, Laws of 1961 as last amended by section 51, chapter 151, Laws of 1977 ex. sess. and RCW 47.12.130 are each amended to read as follows:

(1) Whenever the department ((shall have)) has title to any parcel of land ((acquired for highway purposes which)) that the secretary of transportation ((shall)) has determined is not necessary for ((highway)) transportation purposes, the secretary of transportation is authorized to deed such land ((to the owner of land abutting upon such parcel)) in consideration, or partial consideration, for other lands ((owned by such property owner which)) or improvements, or both, that the department deems to be necessary for ((highway)) transportation purposes.

(2) The secretary may deed such land in consideration for the construction of improvements necessary for transportation purposes where the land on which the improvement to be constructed is owned by the state or is to be conveyed to the state in consideration, or partial consideration, for the transfer of such state land.

(3) The department shall solicit proposals for the construction of such improvements by advertising in the manner provided for in RCW 47.28.050.  Plans and specifications will be sent for a nominal fee to any proposer upon request.  The request for proposals shall contain, but not be limited to, the following information:

(a) A statement that the construction of such improvements must comply with all applicable laws and regulations, including but not limited to the prevailing wage provisions of chapter 39.12 RCW, minority and women's business enterprise provisions of chapter 39.19 RCW, and the retained percentage requirements of chapter 60.28 RCW;

(b) A statement that the improvement must be constructed in accordance with complete plans and specifications provided by the department;

(c) A statement that any proposal submitted constitutes an offer and shall remain open until thirty days after the deadline for submitting proposals unless the proposer withdraws the offer by formal written notice received by the department before the selection of a person or firm submitting the most advantageous proposal;

(d) An estimate by the department of the cost of constructing the improvement as detailed in the plans and specifications.

(4) All proposals shall be accompanied by a deposit in cash, certified check, cashier's check, or surety bond from a surety in an amount equal to five percent of the estimated cost as provided in subsection (3)(d) of this section.

(5) The department shall evaluate all timely proposals received for compliance with the requirements specified in the request for proposals.  Upon concluding its evaluation, the department:  (a) Shall select the person or firm presenting the proposal most advantageous to the state and enter into a contract with the person or firm for constructing the improvements; (b) if the person or firm submitting the most advantageous proposal fails to enter into the contract, the department may award the contract to the person or firm submitting the next most advantageous proposal; or (c) may reject all proposals as not in compliance with the requirements contained in the request for proposals and readvertise.

(6) If the department awards the contract to a person or firm pursuant to procedures set forth in this section and that person or firm fails to enter into a contract and furnish a satisfactory bond as required by RCW 39.08.010 in an amount equal to one hundred percent of the estimated cost as provided in subsection (3)(d) of this section within forty days, exclusive of the day of award, the person's or firm's deposit is forfeited to the state and shall be deposited to the state treasurer for credit to the motor vehicle fund.  Upon the execution of a contract for the construction of the improvement, all other proposal deposits shall be returned.