H-1670              _______________________________________________

                                                    HOUSE BILL NO. 645

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Walk, Schmidt, McMullen, C. Smith, Wineberry and Betrozoff

Read first time 2/8/85 and referred to Committee on Transportation.

AN ACT Relating to construction and maintenance of highways; and amending RCW 47.28.030.

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

        Sec. 1.  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, or maintained, 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.