H-128                _______________________________________________

 

                                                   HOUSE BILL NO. 1050

                        _______________________________________________

 

State of Washington                               51st Legislature                              1989 Regular Session

 

By Representatives Locke, Nutley and Wineberry

 

 

Read first time 1/11/89 and referred to Committee on Housing.

 

 


AN ACT Relating to housing authorities; amending RCW 35.82.210 and 39.04.010; and adding a new section to chapter 35.82 RCW.

 

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

 

        Sec. 1.  Section 35.82.210, chapter 7, Laws of 1965 and RCW 35.82.210 are each amended to read as follows:

          The property of an authority is declared to be public property used for essential public and governmental purposes and such property and an authority shall be exempt from all taxes and special assessments of the city, the county, the state or any political subdivision thereof:  PROVIDED, HOWEVER, That in lieu of such taxes an authority may agree to make payments to the city ((or)), the county, the state, or any such political subdivision for improvements, services and facilities furnished by such city, county, state, or political subdivision for the benefit of a housing project, but in no event shall such payments exceed the amount last levied as the annual tax of such city, county, state, or political subdivision upon the property included in said project prior to the time of its acquisition by the authority.

 

        Sec. 2.  Section 1, chapter 183, Laws of 1923 as last amended by section 1, chapter 282, Laws of 1986 and RCW 39.04.010 are each amended to read as follows:

          The term state shall include the state of Washington and all departments, supervisors, commissioners and agencies thereof.

          The term municipality shall include every city, county, town, district or other public agency thereof which is authorized by law to require the execution of public work, except drainage districts, diking districts, diking and drainage improvement districts, drainage improvement districts, diking improvement districts, consolidated diking and drainage improvement districts, consolidated drainage improvement districts, consolidated diking improvement districts, irrigation districts or any such other districts as shall from time to time be authorized by law for the reclamation or development of waste or undeveloped lands.

          The term public work shall include all work, construction, alteration, repair, or improvement other than ordinary maintenance, executed at the cost of the state or of any municipality, or which is by law a lien or charge on any property therein, but nothing herein shall apply to the construction, alteration, repair, or improvement of any municipal street railway system.  All public works, including maintenance  when performed by contract shall comply with the provisions of RCW 39.12.020.

          The term contract shall mean a contract in writing for the execution of public work for a fixed or determinable amount duly awarded after advertisement and competitive bid.  However, a contract which is awarded from a small works roster under the authority of RCW 39.04.150, 35.22.620, 28B.10.355, section 3 of this act, and 57.08.050 need not be advertised.

 

          NEW SECTION.  Sec. 3.  A new section is added to chapter 35.82 RCW to read as follows:

          (1) In addition to any other powers authorized in RCW 35.82.070, an authority may establish a small works roster consisting of all qualified contractors who have requested to be included on the roster and are, where required by law, properly licensed or registered to perform such work in the state of Washington.

          (2) The small works roster may make distinctions between contractors based on the nature of the work the contractor is qualified to perform.  At least once every year, the authority shall advertise in a newspaper of general circulation, in the authority's area of operation, the existence of the small works roster and shall add to the roster those contractors who request to be included on the roster.

          (3) The commissioners of the authority shall establish uniform procedures to prequalify contractors for inclusion on the small works roster and a procedure for securing telephone or written quotations from contractors on the small works roster to assure establishment of a competitive price and for awarding contracts to the lowest responsible bidder.

          (4) Construction, repair, or alteration projects estimated to cost less than forty thousand dollars are exempt from the requirement that contracts be awarded after advertisement and competitive bid as defined in RCW 39.04.010.  In lieu of advertisement and competitive bid, the authority shall solicit at least five quotations, confirmed in writing, from contractors in a manner that will equitably distribute opportunities among contractors on the small works roster for the category of job type involved.  Whenever possible, the authority shall invite at least one proposal from a minority or woman contractor who shall otherwise qualify under this section.  Such solicitations shall include an estimate of the scope and nature of the work to be performed, and materials and equipment to be furnished.

          (5) Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone request.

          (6) The breaking-down of any public work or improvement into units, or accomplishing any public work or improvement by phases for the purpose of avoiding the minimum dollar amount for bidding, is contrary to public policy and is prohibited.

          (7) No authority under chapter 42.17 RCW shall be required to make available financial information required to be provided by the prequalification procedure for inclusion on the small works roster for public inspection or copying.