AN
ACT Relating to limited public works; and amending RCW 39.04.155.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
39.04.155 and 2000 c 138 s 101 are each amended to read as follows:
(1)
This section provides uniform small works roster provisions to award contracts
for construction, building, renovation, remodeling, alteration, repair, or
improvement of real property that may be used by state agencies and by any
local government that is expressly authorized to use these provisions. These
provisions may be used in lieu of other procedures to award contracts for such
work with an estimated cost of two hundred thousand dollars or less. The
small works roster process includes the limited public works process authorized
under subsection (3) of this section and any local government authorized to
award contracts using the small works roster process under this section may
award contracts using the limited public works process under subsection (3) of
this section.
(2)(a)
A state agency or authorized local government may create a single general small
works roster, or may create a small works roster for different specialties or
categories of anticipated work. Where applicable, small works rosters may make
distinctions between contractors based upon different geographic areas served
by the contractor. The small works roster or rosters shall consist of all
responsible contractors who have requested to be on the list, and where
required by law are properly licensed or registered to perform such work in
this state. A state agency or local government establishing a small works
roster or rosters may require eligible contractors desiring to be placed on a
roster or rosters to keep current records of any applicable licenses,
certifications, registrations, bonding, insurance, or other appropriate matters
on file with the state agency or local government as a condition of being placed
on a roster or rosters. At least once a year, the state agency or local
government shall publish in a newspaper of general circulation within the
jurisdiction a notice of the existence of the roster or rosters and solicit the
names of contractors for such roster or rosters. In addition, responsible
contractors shall be added to an appropriate roster or rosters at any time they
submit a written request and necessary records. Master contracts may be
required to be signed that become effective when a specific award is made using
a small works roster.
(((3)))
(b) A state agency establishing a small works roster or rosters shall
adopt rules implementing this ((section)) subsection. A local
government establishing a small works roster or rosters shall adopt an
ordinance or resolution implementing this ((section)) subsection.
Procedures included in rules adopted by the department of general
administration in implementing this ((section)) subsection must
be included in any rules providing for a small works roster or rosters that is
adopted by another state agency, if the authority for that state agency to
engage in these activities has been delegated to it by the department of
general administration under chapter 43.19 RCW. An interlocal contract or
agreement between two or more state agencies or local governments establishing
a small works roster or rosters to be used by the parties to the agreement or
contract must clearly identify the lead entity that is responsible for
implementing the provisions of this ((section)) subsection.
(((4)))
(c) Procedures shall be established for securing telephone, written, or
electronic quotations from contractors on the appropriate small works roster to
assure that a competitive price is established and to award contracts to the
lowest responsible bidder, as defined in RCW 43.19.1911. Invitations for
quotations shall include an estimate of the scope and nature of the work to be
performed as well as materials and equipment to be furnished. However, detailed
plans and specifications need not be included in the invitation. This ((section))
subsection does not eliminate other requirements for architectural or
engineering approvals as to quality and compliance with building codes.
Quotations may be invited from all appropriate contractors on the appropriate
small works roster. As an alternative, quotations may be invited from at least
five contractors on the appropriate small works roster who have indicated the
capability of performing the kind of work being contracted, in a manner that
will equitably distribute the opportunity among the contractors on the
appropriate roster. However, if the estimated cost of the work is from one
hundred thousand dollars to two hundred thousand dollars, a state agency or local
government, other than a port district, that chooses to solicit bids from less
than all the appropriate contractors on the appropriate small works roster must
also notify the remaining contractors on the appropriate small works roster
that quotations on the work are being sought. The government has the sole
option of determining whether this notice to the remaining contractors is made
by: (((a))) (i) Publishing notice in a legal newspaper in
general circulation in the area where the work is to be done; (((b))) (ii)
mailing a notice to these contractors; or (((c))) (iii) sending a
notice to these contractors by facsimile or other electronic means. For
purposes of this subsection (2)(c), "equitably distribute"
means that a state agency or local government soliciting bids may not favor
certain contractors on the appropriate small works roster over other
contractors on the appropriate small works roster who perform similar services.
(((5)))
(d) A contract awarded from a small works roster under this section need
not be advertised.
(((6)))
(e) Immediately after an award is made, the bid quotations obtained
shall be recorded, open to public inspection, and available by telephone
inquiry.
(((7)))
(3) In lieu of awarding contracts under subsection (2) of this section, a
state agency or authorized local government may award a contract for work,
construction, alteration, repair, or improvement project estimated to cost less
than thirty-five thousand dollars using the limited public works process
provided under this subsection. Public works projects awarded under this
subsection are exempt from the other requirements of the small works roster
process provided under subsection (2) of this section and are exempt from the
requirement that contracts be awarded after advertisement as provided under RCW
39.04.010.
For
limited public works projects, a state agency or authorized local government
shall solicit electronic or written quotations from a minimum of three
contractors from the appropriate small works roster and shall award the
contract to the lowest responsible bidder as defined under RCW 43.19.1911.
After an award is made, the quotations shall be open to public inspection and
available by electronic request. A state agency or authorized local government
shall attempt to distribute opportunities for limited public works projects
equitably among contractors willing to perform in the geographic area of the
work. A state agency or authorized local government shall maintain a list of
the contractors contacted and the contracts awarded during the previous
twenty-four months under the limited public works process, including the name
of the contractor, the contractor's registration number, the amount of the
contract, a brief description of the type of work performed, and the date the
contract was awarded. For limited public works projects, a state agency or
authorized local government may waive the payment and performance bond
requirements of chapter 39.08 RCW and the retainage requirements of chapter
60.28 RCW, thereby assuming the liability for the contractor's nonpayment of
laborers, mechanics, subcontractors, materialmen, suppliers, and taxes imposed
under Title 82 RCW that may be due from the contractor for the limited public
works project, however the state agency or authorized local government shall
have the right of recovery against the contractor for any payments made on the
contractor's behalf.
(4)
The breaking of any project into units or accomplishing any projects by phases
is prohibited if it is done for the purpose of avoiding the maximum dollar
amount of a contract that may be let using the small works roster process or
limited public works process.
(((8))) (5) As used in this section, "state
agency" means the department of general administration, the state parks
and recreation commission, the department of natural resources, the department
of fish and wildlife, the department of transportation, any institution of
higher education as defined under RCW 28B.10.016, and any other state agency
delegated authority by the department of general administration to engage in
construction, building, renovation, remodeling, alteration, improvement, or
repair activities.
