_______________________________________________
SUBSTITUTE
SENATE BILL 6439
_______________________________________________
AS
AMENDED BY THE HOUSE
Passed
Legislature - 1998 Regular Session
State
of Washington 55th Legislature 1998 Regular Session
By
Read
first time 02/05/98.
Authorizing design-build demonstration projects.
AN
ACT Relating to construction of certain highway projects under a design-build
procedure; creating new sections; and providing a contingent expiration date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds and declares that a contracting procedure that facilitates
construction of transportation facilities in a more timely manner may
occasionally be needed to ensure that construction can proceed simultaneously
with the design of the facility.
NEW
SECTION. Sec. 2. The
department of transportation shall develop, by January 1, 1999, a process for
awarding competitively bid highway construction contracts for projects over ten
million dollars that may be constructed using a design-build procedure. As
used in this section, "design-build procedure" means a method of
contracting under which the department of transportation contracts with another
party for such party to both design and build the structures, facilities, and
other items specified in the contract.
The
process developed by the department shall, at a minimum, include the scope of
services required under the design-build procedure, contractor prequalification
requirements, criteria for evaluating technical information and project costs,
contractor selection criteria, and an issue resolution procedure. If a request
for proposal will be used, the requirements of RCW 39.10.050 (4), (5), and (6)
apply.
NEW
SECTION. Sec. 3. RCW 39.10.080,
39.10.090, and 39.10.100 and the notice requirements of RCW 39.10.030 (2), (3),
and (4) apply to this act.
NEW
SECTION. Sec. 4. The
department may use the design-build procedure for public works projects over
ten million dollars where:
(1)
The construction activities are highly specialized and a design-build approach,
as defined in section 2 of this act, is critical in developing the construction
methodology; or
(2)
The projects selected provide opportunity for greater innovation and
efficiencies between the designer and the builder; or
(3)
Significant savings in project delivery time would be realized.
NEW
SECTION. Sec. 5.
Sureties are not responsible for damages, including corrective work,
attributable to the design aspect of a design-build project.
NEW
SECTION. Sec. 6. A
demonstration program consisting of two projects must be implemented using the
design-build method of contracting, as prescribed under a process developed by
the department of transportation under section 2 of this act. The department
shall select projects valued over ten million dollars for the demonstration
program.
The
department shall present progress reports on the demonstration projects to the
legislative transportation committee and the alternative public works oversight
committee during the course of the performance of the demonstration projects.
The department shall present a final detailed report to the legislative
transportation committee within one year of completion of the demonstration
projects. The report must detail the advantages and disadvantages of the
design-build construction process and make recommendations for possible changes
in law, and in how the process may be used for future department projects.
NEW
SECTION. Sec. 7. This
act expires April 30, 2001, unless extended by the legislature.
Passed the Senate March 9, 1998.
Passed the House March 3, 1998.
Approved by the Governor
March 27, 1998.
Filed
in Office of Secretary of State March 27, 1998.
