H-3223

AN ACT Relating to jumbo ferry construction; adding new sections to chapter 47.60 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1. (1) The legislature finds that there is a compelling need for the construction of a fourth Jumbo Mark II Class ferry vessel. The long-range travel demand for trips from Central and North Kitsap Peninsula to the Seattle and Edmonds mainland ferry terminals indicate a one hundred twenty-two percent forecast increase in peak travel demand over the next twenty years between the hours of 3:00 p.m. and 7:00 p.m. In order to support the economic growth of the Puget Sound region and meet the forecasted citizen cross-sound travel demand, the Washington state ferry system must provide reliable ferry vessel operations that cannot be maintained with the existing aging super class ferry capacity. The legislature further finds that: The present construction of three Jumbo Mark II ferries has resulted in the development of procedures, methods, and knowledge that will result in cost savings and efficiencies in the construction of a fourth vessel; it is essential for the welfare of the state's citizens and the Washington state economy to reap the benefits of such cost savings, procedures, and efficiencies that can be achieved by utilizing existing agreements and contracts for supplying equipment and construction.

(2) It is the intent of this act to procure, to the extent possible, a similar vessel to that of the three Jumbo Mark II Class vessels under construction by utilizing the existing agreements, contracts, methods, equipment, and techniques.

NEW SECTION. Sec. 2. A new section is added to chapter 47.60 RCW to read as follows:

Notwithstanding any other provision of law, the department may enter into agreements amending existing contracts and agreements for the construction and equipping of three Jumbo Mark II Class ferry vessels providing for the construction and acquisition of a fourth Jumbo Mark II Class ferry. A fourth Jumbo Mark II Class ferry constructed pursuant to the amendment of existing contracts and agreements shall be of comparable quality and design as, and shall incorporate like controls, engines, and a propulsion system utilized in the three Jumbo Mark II Class ferries presently under construction in order to promote maximum commonality with those vessels.

The authority to enter into such agreements is contingent on:

(1) A legislative appropriation authorizing the construction and equipping of a fourth Jumbo Mark II Class ferry under a fixed price contract; and

(2) Confirmation by the independent audit required under section 4 of this act, that the amount appropriated by the legislature for the construction of a fourth Jumbo Mark II Class ferry is the true and fair price for such a vessel.

NEW SECTION. Sec. 3. A new section is added to chapter 47.60 RCW to read as follows:

In accomplishing the construction of a fourth Jumbo Mark II Class ferry, the department shall include in any amendments for the construction of the vessel the following provisions:

(1) A requirement that contractors comply with applicable laws, rules, and regulations including, but not limited to, those pertaining to the environment, worker health and safety, and prevailing wages;

(2) A requirement that the ferry will be constructed within the boundaries of the state of Washington except that equipment furnished by the state and components, products, and systems that are standard manufactured items are not subject to the in-state requirement under this subsection. For the purposes of this section, "constructed" means the fabrication, by the joining together by welding or fastening of all steel parts from which the total vessel is constructed, including, but not limited to, all shell frames, longitudinals, bulkheads, webs, piping runs, wire ways, and ducting. "Constructed" also means the installation of all components and systems, as required by the contract, including, but not limited to, equipment, machinery, castings, electrical, electronics, deck covering, lining, paint, and joiner work. "Constructed" also means the interconnection of all equipment, machinery, and services, such as piping, wiring, and ducting;

(3) A requirement that all warranty work on the vessel be performed within the boundaries of the state of Washington, insofar as practicable;

(4) A requirement that construction of the vessel occur under a fixed price contract and within the appropriation amount established by the fifty-fifth Washington state legislature in the 1997-99 transportation budget;

(5) A requirement for sufficient surety bonds to ensure the performance of all provisions of the amended contract and pay all laborers, mechanics, subcontractors, and materialmen, and all persons who supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work; and

(6) Such other requirements that are mandated by state or federal law, as well as any requirements that are reasonably calculated to accomplish the purpose of section 2 of this act and this section.

NEW SECTION. Sec. 4. The legislative transportation committee shall contract for an independent review, evaluation, and verification of costs associated with the construction of the Jumbo Mark II Class ferry vessels authorized under chapter 47.60 RCW, including, but not limited to, material and total labor hours and weighted labor rate cost. The independent review and verification of costs shall be completed no later than August 1, 1997.

NEW SECTION. Sec. 5. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.