A state highway shall be constructed, altered, repaired, or
improved, 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 are less than fifty
thousand dollars and effective July 1, 2005, sixty 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 eighty thousand dollars and
effective July 1, 2005, one hundred 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 department of transportation 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 eighty thousand dollars and effective
July 1, 2005, one hundred 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, material suppliers,
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.
[2007 c 218 § 90; 1999 c 15 § 1; 1984 c 194 § 1; 1983 c 120 § 15; 1977 ex.s. c 225 § 3; 1973 c 116 § 1; 1971 ex.s. c 78 § 1; 1969 ex.s. c 180 § 2; 1967 ex.s. c 145 § 40; 1961 c 233 § 1; 1961 c 13 § 47.28.030. Prior: 1953 c 29 § 1; 1949 c 70 § 1, part; 1943 c 132 § 1, part; 1937 c 53 § 41, part; Rem. Supp. 1949 § 6400-41, part.]
NOTES:
Intent -- Finding -- 2007 c 218: See note following RCW 1.08.130.
Effective date -- Applicability -- Severability -- Conflict with federal requirements -- 1983 c 120: See RCW 39.19.910 and 39.19.920.
Office of minority and women's business enterprises: Chapter 39.19 RCW.