Z-0952.2 _______________________________________________
HOUSE BILL 2548
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State of Washington 55th Legislature 1998 Regular Session
By Representatives K. Schmidt, Fisher, Chandler and Thompson; by request of Department of Transportation
Read first time 01/15/98. Referred to Committee on Capital Budget.
AN ACT Relating to environmental protection change orders in public projects; and amending RCW 39.04.120.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 39.04.120 and 1973 1st ex.s. c 62 s 1 are each amended to read as follows:
((All invitations for bid proposals for public construction
projects issued by the state of Washington, its authorities or agencies, or any
political subdivision of the state, shall set forth in the contract documents
to the extent they are reasonably obtainable by the public awarding authority
those provisions of federal, state and local statutes, ordinances and
regulations dealing with the prevention of environmental pollution and the
preservation of public natural resources that affect or are affected by the
projects.)) 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 subdivision of the state due to the enactment
of new environmental protection requirements or the amendment of
existing environmental protection statutes, ordinances, or rules
((or regulations)) occurring after the submission of the successful bid,
the awarding agency shall issue a change order setting forth the additional work
that must be undertaken, which shall not invalidate the contract. The cost of
such a change order to the awarding agency shall be determined in accordance
with the provisions of the contract for change orders ((or force accounts))
or, if no such provision is set forth in the contract, then the cost to the
awarding agency shall be the contractor's costs for wages, labor costs other
than wages, wage taxes, materials, equipment rentals, insurance, and
subcontracts attributable to the additional activity plus a reasonable sum for
overhead and profit((: PROVIDED, That such)). However, the
additional costs to undertake work not specified in the contract documents
shall not be approved unless written authorization is given the successful
bidder prior to his undertaking such additional activity. In the event of a
dispute between the awarding agency and the ((successful bidder, arbitration))
contractor, dispute resolution procedures may be commenced under the
applicable terms of the construction contract, or, if the contract contains no
such provision for ((arbitration)) dispute resolution, the then
obtaining rules of the American arbitration association.
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