Revised Code of Washington - RCW Title 39 Public Contracts And Indebtedness - Chapter 39.04 Public Works

39.04.010 Definitions
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Award" means the formal decision by the state or ...

39.04.015 Adjustment to bid price -- Conditions
Notwithstanding the provisions of RCW 39.04.010, a state contracting authority is authorized to negotiate an adjustment to a bid price, based upon agreed changes to ...

39.04.020 Plans and specifications -- Estimates -- Publication -- Emergencies
Whenever the state or any municipality shall determine that any public work is necessary to be done, it shall cause plans, specifications, or both thereof ...

39.04.040 Work to be executed according to plans -- Supplemental plans
Whenever plans and specifications shall have been filed the work to be done shall be executed in accordance with such plans and specifications unless supplemental ...

39.04.050 Contents of original estimates
Original estimates shall show in detail the estimated cost of the work; the estimated quantities of each class of work; the estimated unit cost for ...

39.04.060 Supplemental estimates
Supplemental estimates shall show the estimated increase or decrease in the total quantities of each class, in the unit cost of each class, in the ...

39.04.070 Account and record of cost
Whenever the state or any municipality shall execute any public work by any means or method other than by contract or small works roster, it ...

39.04.080 Certified copy to be filed -- Engineers' certificate
A true copy of such account or record, duly certified by the officer or officers having by law authority to direct such work to be ...

39.04.100 Records open to public inspection -- Certified copies
All plans, specifications, estimates, and copies of accounts or records and all certificates attached thereto shall, when filed, become public records and shall at all ...

39.04.105 Competitive bidding -- Written protests -- Notice of contract execution
When a municipality receives a written protest from a bidder for a public works project which is the subject of competitive bids, the municipality shall ...

39.04.107 Competitive bidding -- Bidder claiming error
A low bidder on a public works project who claims error and fails to enter into a contract is prohibited from bidding on the same ...

39.04.110 Penalty for false entries
Any director, supervisor, officer or employee of the state and any commissioner, trustee, supervisor, officer or employee of any municipality who shall knowingly make any ...

39.04.120 Change orders due to environmental protection requirements -- Costs -- Dispute resolution
If the successful bidder must undertake additional work for public construction projects issued by the state of Washington, its authorities or agencies, or a political ...

39.04.130 Application of RCW 39.04.120
RCW 39.04.120 shall take effect in ninety days but shall not apply to any contract awarded pursuant to an invitation for bids issued on or ...

39.04.133 State capital improvement or construction projects -- Product standards
(1) The state's preferences for the purchase and use of recycled content products shall be included as a factor in the design and development of ...

39.04.135 Demolition projects -- Recycling or reuse of materials
Material from demolition projects shall be recycled or reused whenever practicable.[1996 c 198 § 6.] ...

39.04.140 Contracts affected by increase in price of petroleum products -- Termination -- Continuation with contracting agency sharing increased costs -- Conditions
(1) The legislature finds (a) that the increase in the price of petroleum products resulting from the world wide shortage of crude oil has created ...

39.04.155 Small works roster contract procedures -- Limited public works process -- Definition
(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 ...

39.04.156 Small works roster manual -- Notification to local governments
The department of community, trade, and economic development, in cooperation with the municipal research and services center, shall prepare a small works roster manual and ...

39.04.160 Contracts subject to requirements established under office of minority and women's business enterprises
All contracts entered into under this chapter by the state on or after September 1, 1983, are subject to the requirements established under chapter 39.19 ...

39.04.170 Application of chapter to performance-based contracts for energy equipment
This chapter shall not apply to performance-based contracts, as defined in *RCW 39.35A.020(3), that are negotiated under chapter 39.35A RCW.[1985 c 169 § 5.]Notes: *Reviser's ...

39.04.175 Application of chapter to certain agreements relating to water pollution control, solid waste handling facilities
This chapter does not apply to the selection of persons or entities to construct or develop water pollution control facilities or to provide water pollution ...

39.04.180 Trench excavations -- Safety systems required
On public works projects in which trench excavation will exceed a depth of four feet, any contract therefor shall require adequate safety systems for the ...

39.04.190 Purchase contract process -- Other than formal sealed bidding
(1) This section provides a uniform process to award contracts for the purchase of any materials, equipment, supplies, or services by those municipalities that are ...

39.04.200 Small works roster or purchase contracts -- Listing of contracts awarded required
Any local government using the uniform process established in RCW 39.04.190 to award contracts for purchases must post a list of the contracts awarded under ...

39.04.210 Correctional facilities construction and repair -- Findings
The legislature recognizes that fair and open competition is a basic tenet of public works procurement, that such competition reduces the appearance of and opportunity ...

39.04.220 Correctional facilities construction and repair -- Use of general contractor/construction manager method for awarding contracts -- Demonstration projects
(1) In addition to currently authorized methods of public works contracting, and in lieu of the requirements of RCW 39.04.010 and 39.04.020 through 39.04.060, capital ...

39.04.230 Correctional facilities construction and repair -- Alternative contracting method to remain in force until contracts completed
Methods of public works contracting authorized by RCW 39.04.210 and 39.04.220 shall remain in full force and effect until completion of projects authorized on or ...

39.04.240 Public works contracts -- Awarding of attorneys' fees
(1) The provisions of RCW 4.84.250 through 4.84.280 shall apply to an action arising out of a public works contract in which the state or ...

39.04.250 Payments received on account of work performed by subcontractor -- Disputed amounts -- Remedies
(1) When payment is received by a contractor or subcontractor for work performed on a public work, the contractor or subcontractor shall pay to any ...

39.04.260 Private construction performed pursuant to contract for rental, lease, or purchase by state -- Must comply with prevailing wage law
Any work, construction, alteration, repair, or improvement, other than ordinary maintenance, that the state or a municipality causes to be performed by a private party ...

39.04.270 Electronic data processing and telecommunications systems -- Municipalities -- Acquisition method -- Competitive negotiation -- Findings, intent
(1) The legislature finds that the unique aspects of electronic data processing and telecommunications systems and the importance of these systems for effective administration warrant ...

39.04.280 Competitive bidding requirements -- Exemptions
This section provides uniform exemptions to competitive bidding requirements utilized by municipalities when awarding contracts for public works and contracts for purchases. The statutes governing ...

39.04.290 Contracts for building engineering systems
(1) A state agency or local government may award contracts of any value for the design, fabrication, and installation of building engineering systems by: (a) ...

39.04.300 Apprenticeship training programs -- Purpose
A well-trained construction trades workforce is critical to the ability of the state of Washington to construct public works. Studies of the state's workforce highlight ...

39.04.310 Apprenticeship training programs -- Definitions
The definitions in this section apply throughout this section and RCW 39.04.300 and 39.04.320 unless the context clearly requires otherwise. (1) "Apprentice" means an apprentice ...

39.04.320 Apprenticeship training programs -- Public works contracts -- Adjustment of specific projects -- Report and collection of agency data -- Apprenticeship utilization advisory committee created
(1)(a) Except as provided in (b) and (c) of this subsection, from January 1, 2005, and thereafter, for all public works estimated to cost one ...

39.04.330 Use of wood products -- Compliance with chapter 39.35D RCW
For purposes of determining compliance with chapter 39.35D RCW, the department of general administration shall credit the project for using wood products with a credible ...

39.04.340 Apprenticeship and training council outreach effort
The Washington state apprenticeship and training council shall lead and coordinate an outreach effort to educate returning veterans about apprenticeship and career opportunities in the ...

39.04.350 Bidder responsibility criteria -- Supplemental criteria
(1) Before award of a public works contract, a bidder must meet the following responsibility criteria to be considered a responsible bidder and qualified to ...

39.04.900 Rights may not be waived -- Construction -- 1992 c 223
(1) The rights provided in chapter 223, Laws of 1992 may not be waived by the parties and a contract provision that provides for waiver ...

39.04.901 Application -- 1992 c 223
(1) RCW 39.76.011, 60.28.011, 60.28.021, 60.28.051, 39.04.250, and 39.04.900 are applicable to all public works contracts entered into on or after September 1, 1992, relating ...