CERTIFICATION OF ENROLLMENT

                        SENATE BILL 6441

                        55th Legislature

                      1998 Regular Session

Passed by the Senate February 13, 1998   YEAS 47   NAYS 0 President of the Senate Passed by the House March 3, 1998   YEAS 88   NAYS 0

CERTIFICATE I, Mike O=Connell, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  SENATE BILL 6441 as passed by the Senate and the House of Representatives on the dates hereon set forth.

Speaker of the       House of Representatives

Secretary

Approved Place Style On Codes above, and Style Off Codes below.

FILED

Governor of the State of Washington

Secretary of State                   State of Washington

          _______________________________________________

                         SENATE BILL 6441

          _______________________________________________

             Passed Legislature - 1998 Regular Session

State of Washington      55th Legislature     1998 Regular Session

By Senators Oke, Prince, Haugen and Winsley; by request of Department of Transportation

Read first time 01/19/98.  Referred to Committee on Transportation.

Clarifying procedures for environmental protection change orders in public projects.

    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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