Highway construction

AN ACT Relating to adjusting monetary limits regarding 1
contracting rules for state highway construction work and 2
procurement; and amending RCW 47.28.030. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 47.28.030 and 2025 c 416 s 719 are each amended to 5
read as follows: 6
(1)(a) A state highway shall be constructed, altered, repaired, 7
or improved, and improvements located on property acquired for 8
right-of-way purposes may be repaired or renovated pending the use of 9
such right-of-way for highway purposes, by contract or state forces. 10
The work or portions thereof may be done by state forces when the 11
estimated costs thereof are less than (($50,000 and effective July 1, 12
2005, $60,000)) $100,000. 13
(b) When delay of performance of such work would jeopardize a 14
state highway or constitute a danger to the traveling public, the 15
work may be done by state forces when the estimated cost thereof is 16
less than (($80,000 and effective July 1, 2005, $100,000)) $160,000.17
(c) When the department of transportation determines to do the 18
work by state forces, it shall enter a statement upon its records to 19
that effect, stating the reasons therefor. 20
S-3923.1
SENATE BILL 6170
State of Washington 69th Legislature 2026 Regular Session
By Senator King
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(d) To enable a larger number of small businesses and veteran, 1
minority, and women contractors to effectively compete for department 2
of transportation contracts, the department may adopt rules providing 3
for bids and award of contracts for the performance of work, or 4
furnishing equipment, materials, supplies, or operating services 5
whenever any work is to be performed and the engineer's estimate 6
indicates the cost of the work would not exceed (($80,000 and 7
effective July 1, 2005, $100,000)) $160,000. 8
(2) The rules adopted under this section: 9
(a) Shall provide for competitive bids to the extent that 10
competitive sources are available except when delay of performance 11
would jeopardize life or property or inconvenience the traveling 12
public; and 13
(b) Need not require the furnishing of a bid deposit nor a 14
performance bond, but if a performance bond is not required then 15
progress payments to the contractor may be required to be made based 16
on submittal of paid invoices to substantiate proof that 17
disbursements have been made to laborers, material suppliers, 18
mechanics, and subcontractors from the previous partial payment; and19
(c) May establish prequalification standards and procedures as an 20
alternative to those set forth in RCW 47.28.070, but the 21
prequalification standards and procedures under RCW 47.28.070 shall 22
always be sufficient. 23
(3) The department of transportation shall comply with such goals 24
and rules as may be adopted by the office of minority and women's 25
business enterprises to implement chapter 39.19 RCW with respect to 26
contracts entered into under this chapter. The department may adopt 27
such rules as may be necessary to comply with the rules adopted by 28
the office of minority and women's business enterprises under chapter 29
39.19 RCW. 30
(4)(a) Work for less than $100,000 may be performed on ferry 31
vessels and terminals by state forces. During the 2025-2027 fiscal 32
biennium, work for less than $400,000 may be performed on ferry 33
vessels and terminals by state forces. 34
(b) When the estimated cost of work to be performed on ferry 35
vessels and terminals is between $100,000 and $200,000, or between 36
$400,000 and $500,000 during the 2025-2027 fiscal biennium, the 37
department shall contact, by mail or email, contractors that appear 38
on the department's small works roster as created pursuant to 39
procedures in chapter 39.04 RCW to do specific work the contractors 40
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are qualified to do to determine if any contractor is interested and 1
capable of doing the work. If there is a response of interest within 2
72 hours, the small works roster procedures commence. If no qualified 3
contractors respond with interest and availability to do the work, 4
the department may use its regular contracting procedures. If the 5
secretary determines that the work to be completed is an emergency, 6
procedures governing emergencies apply. 7
(c) The department shall hire a disinterested, third party to 8
conduct an independent analysis to identify methods of reducing out-9
of-service times for vessel maintenance, preservation, and 10
improvement projects. The analysis must include options that consider 11
consolidating work while vessels are at shipyards by having state 12
forces perform services traditionally performed at Eagle Harbor at 13
the shipyard and decreasing the allowable time at shipyards. The 14
analysis must also compare the out-of-service vessel times of 15
performing services by state forces versus contracting out those 16
services which in turn must be used to form a recommendation as to 17
what the threshold of work performed on ferry vessels and terminals 18
by state forces should be. This analysis must be presented to the 19
transportation committees of the senate and house of representatives 20
by December 1, 2010. 21
(d) The department shall develop a proposed ferry vessel 22
maintenance, preservation, and improvement program and present it to 23
the transportation committees of the senate and house of 24
representatives by December 1, 2010. The proposed program must:25
(i) Improve the basis for budgeting vessel maintenance, 26
preservation, and improvement costs and for projecting those costs 27
into a 16-year financial plan; 28
(ii) Limit the amount of planned out-of-service time to the 29
greatest extent possible, including options associated with 30
department staff as well as commercial shipyards; and31
(iii) Be based on the service plan in the capital plan, 32
recognizing that vessel preservation and improvement needs may vary 33
by route. 34
(e) In developing the proposed ferry vessel maintenance, 35
preservation, and improvement program, the department shall consider 36
the following, related to reducing vessel out-of-service time:37
(i) The costs compared to benefits of Eagle Harbor repair and 38
maintenance facility operations options to include staffing costs and 39
benefits in terms of reduced out-of-service time; 40
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(ii) The maintenance requirements for on-vessel staff, including 1
the benefits of a systemwide standard; 2
(iii) The costs compared to benefits of staff performing 3
preservation or maintenance work, or both, while the vessel is 4
underway, tied up between sailings, or not deployed;5
(iv) A review of the department's vessel maintenance, 6
preservation, and improvement program contracting process and 7
contractual requirements; 8
(v) The costs compared to benefits of allowing for increased 9
costs associated with expedited delivery; 10
(vi) A method for comparing the anticipated out-of-service time 11
of proposed projects and other projects planned during the same 12
construction period; 13
(vii) Coordination with required United States coast guard dry 14
dockings; 15
(viii) A method for comparing how proposed projects relate to the 16
service requirements of the route on which the vessel normally 17
operates; and 18
(ix) A method for evaluating the ongoing maintenance and 19
preservation costs associated with proposed improvement projects.20
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