1690 AMS REGA REDM 034
HB 1690 - S AMD 465
By Senator Regala
ADOPTED 4/12/2010
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The establishment of alternative public works contracting procedures authorized for use by public bodies has been a complex, controversial, and challenging undertaking, but it has been successful. The key to the successful adoption and consideration of these procedures has depended, in great part, on the review and oversight mechanisms put in place by the legislature in chapter 39.10 RCW, as well as the countless hours of dedicated work by numerous stakeholders over many years. It is the intent of the legislature to clarify that, unless otherwise specifically provided for in law, public bodies that want to use an alternative public works contracting procedure may use only those procedures specifically authorized in chapter 39.10 RCW.
Sec. 2. RCW 39.10.200 and 2007 c 494 s 1 are each amended to read as follows:
The legislature finds that the traditional process of awarding public works contracts in lump sum to the lowest responsible bidder is a fair and objective method of selecting a contractor. However, under certain circumstances, alternative public works contracting procedures may best serve the public interest if such procedures are implemented in an open and fair process based on objective and equitable criteria. The purpose of this chapter is to authorize the use of certain supplemental alternative public works contracting procedures, to prescribe appropriate requirements to ensure that such contracting procedures serve the public interest, and to establish a process for evaluation of such contracting procedures. It is the intent of the legislature to establish that, unless otherwise specifically provided for in law, public bodies may use only those alternative public works contracting procedures specifically authorized in this chapter, subject to the requirements of this chapter.
Sec. 3. RCW 39.10.230 and 2009 c 75 s 1 are each amended to read as follows:
The board has the following powers and duties:
(1) Develop and recommend to the legislature policies to further enhance the quality, efficiency, and accountability of capital construction projects through the use of traditional and alternative delivery methods in Washington, and make recommendations regarding expansion, continuation, elimination, or modification of the alternative public works contracting methods;
(2) Evaluate the use of existing contracting procedures and the potential future use of other alternative contracting procedures including competitive negotiation contracts;
(3) ((Develop guidelines to be used by the committee
for the review and approval of design-build demonstration projects that procure
operations and maintenance services)) Submit recommendations to the
appropriate committees of the legislature evaluating alternative contracting
procedures that are not authorized under this chapter;
(4) Appoint members of the committee; and
(5) Develop and administer questionnaires designed to provide quantitative and qualitative data on alternative public works contracting procedures on which evaluations are based.
"Sec. 4. RCW 35.82.200 and 1965 c 7 s 35.82.200 are each amended to read as follows:
(1) In addition to the powers conferred upon an authority by other provisions of this chapter, an authority is empowered to borrow money or accept contributions, grants or other financial assistance from the federal government for or in aid of any housing project within its area of operation, to take over or lease or manage any housing project or undertaking constructed or owned by the federal government, and to these ends, to comply with such conditions and enter into such mortgages, trust indentures, leases or agreements as may be necessary, convenient or desirable. It is the purpose and intent of this chapter to authorize every authority to do any and all things necessary or desirable to secure the financial aid or cooperation of the federal government in the undertaking, construction, maintenance or operation of any housing project by such authority.
(2) All housing authorities shall be subject to the
provisions of chapter 39.10 RCW except where alternative requirements or
procedures of federal law or federal regulation are authorized.
(3) The requirements of chapter 39.12 RCW regarding prevailing wages
shall apply to housing authority public works except where specifically
preempted by federal law or federal regulation."
Sec. 5. RCW 43.131.408 and 2007 c 494 s 507 are each amended to read as follows:
The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2014:
(1) RCW 39.10.200 and section 2 of this act, 2007 c 494 s 1, & 1994 c 132 s 1;
(2) RCW 39.10.210 and 2007 c 494 s 101 & 2005 c 469 s 3;
(3) RCW 39.10.220 and 2007 c 494 s 102 & 2005 c 377 s 1;
(4) RCW 39.10.230 and section 3 of this act, 2009 c 75 s 1, 2007 c 494 s 103, & 2005 c 377 s 2;
(5) RCW 39.10.240 and 2007 c 494 s 104;
(6) RCW 39.10.250 and 2007 c 494 s 105;
(7) RCW 39.10.260 and 2007 c 494 s 106;
(8) RCW 39.10.270 and 2007 c 494 s 107;
(9) RCW 39.10.280 and 2007 c 494 s 108;
(10) RCW 39.10.290 and 2007 c 494 s 109;
(11) RCW 39.10.300 and 2007 c 494 s 201, 2003 c 352 s 2, 2003 c 300 s 4, 2002 c 46 s 1, & 2001 c 328 s 2;
(12) ((RCW 39.10.310 and 2007 c 494 s 202 & 1994
c 132 s 8;
(13))) RCW 39.10.320 and 2007 c 494 s 203 & 1994 c 132 s 7;
(((14))) (13) RCW 39.10.330 and 2007 c 494
s 204;
(((15))) (14) RCW 39.10.340 and 2007 c 494
s 301, 2003 c 352 s 3, 2003 c 300 s 5, 2002 c 46 s 2, & 2001 c 328 s 3;
(((16))) (15) RCW 39.10.350 and 2007 c 494
s 302;
(((17))) (16) RCW 39.10.360 and 2007 c 494
s 303;
(((18))) (17) RCW 39.10.370 and 2007 c 494
s 304;
(((19))) (18) RCW 39.10.380 and 2007 c 494
s 305;
(((20))) (19) RCW 39.10.390 and 2007 c 494
s 306;
(((21))) (20) RCW 39.10.400 and 2007 c 494
s 307;
(((22))) (21) RCW 39.10.410 and 2007 c 494
s 308;
(((23))) (22) RCW 39.10.420 and 2007 c 494
s 401 & 2003 c 301 s 1;
(((24))) (23) RCW 39.10.430 and 2007 c 494
s 402;
(((25))) (24) RCW 39.10.440 and 2007 c 494
s 403;
(((26))) (25) RCW 39.10.450 and 2007 c 494
s 404;
(((27))) (26) RCW 39.10.460 and 2007 c 494
s 405;
(((28))) (27) RCW 39.10.470 and 2005 c 274
s 275 & 1994 c 132 s 10;
(((29))) (28) RCW 39.10.480 and 1994 c 132
s 9;
(((30))) (29) RCW 39.10.490 and 2007 c 494
s 501 & 2001 c 328 s 5;
(((31))) (30) RCW 39.10.500 and 2007 c 494
s 502;
(((32))) (31) RCW 39.10.510 and 2007 c 494
s 503;
(((33))) (32) RCW 39.10.900 and 1994 c 132
s 13;
(((34))) (33) RCW 39.10.901 and 1994 c 132
s 14; and
(((35))) (34) RCW 39.10.903 and 2007 c 494
s 510."
Renumber the sections consecutively and correct any internal references accordingly.
HB 1690 - S AMD 465
By Senator Regala
ADOPTED 4/12/2010
On page 1, line 1 of the title, strike the title, and insert "an act relating to public works projects; and amending RCW 35.82.070, 39.10.200, 39.10.230, and 43.131.408; and creating a new section."
Renumber the sections consecutively and correct any internal references accordingly.
EFFECT: Removes direction given to the University of Washington Board of Regents to receive approval from the Capital Projects Advisory Review Board prior to adopting new alternative public works contracting methods. Removes authority of Capital Projects Advisory Review Board to approve demonstration projects, and submit reports.
Clarifies that all housing authorities are subject to the provisions of chapter 39.10 RCW (CPARB) except where alternative requirements or procedures of federal law or federal regulation are authorized.
Clarifies that prevailing wage requirements (chapter 39.12 RCW) apply to housing authority public works projects unless specifically preempted by federal law or regulation.
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