H-4059              _______________________________________________

                                                   HOUSE BILL NO. 2882

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives R. Fisher and Schmidt

Read first time 1/24/90 and referred to Committee on Transportation.

AN ACT Relating to transportation; and amending RCW 47.28.170.

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

        Sec. 1.  Section 1, chapter 89, Laws of 1971 ex. sess. as amended by section 175, chapter 7, Laws of 1984 and RCW 47.28.170 are each amended to read as follows:

          (1) Whenever the ((commission)) department finds that as a consequence of accident, natural disaster, or other emergency, an existing state highway is in jeopardy or is rendered impassible in one or both directions and the ((commission)) department further finds that prompt reconstruction, repair, or other work is needed to preserve or restore the highway for public travel, the ((commission may authorize the)) department ((to)) may obtain at least three written bids for the work without publishing a call for bids, and the secretary of transportation may award a contract forthwith to the lowest responsible bidder.

          The department shall notify any association or organization of contractors filing a request to regularly receive notification.  Notification to an association or organization of contractors shall include:  (a) The location of the work to be done; (b) the general anticipated nature of the work to be done; and (c) the date determined by the department as reasonable in view of the nature of the work and emergent nature of the problem after which the department will not receive bids.

          (2) Whenever the ((commission)) department finds it necessary to protect a highway facility from imminent damage or to perform emergency work to reopen a highway facility, the ((commission may authorize the)) department ((to)) may contract for such work on a negotiated basis not to exceed force account rates for a period not to exceed thirty working days.

          (3) When the engineer's estimate of the cost of work authorized in either subsections (1) or (2) of this section is ((less than one)) more than two hundred thousand dollars, the secretary may make findings as provided hereinabove, and pursuant thereto the department may award contracts as authorized by this section.  The secretary shall review the approved contract with the transportation commission at the next regularly scheduled meeting.

          (4) Any person, firm, or corporation awarded a contract for work must be prequalified pursuant to RCW 47.28.070 and may be required to furnish a bid deposit or performance bond.