CERTIFICATION OF ENROLLMENT

 

                  SUBSTITUTE SENATE BILL 6439

 

 

                   Chapter 195, Laws of 1998

 

 

                        55th Legislature

                      1998 Regular Session

 

 

DESIGN-BUILD PROCEDURES FOR CERTAIN HIGHWAY PROJECTS

 

 

 

                    EFFECTIVE DATE:  6/11/98

Passed by the Senate March 9, 1998

  YEAS 29   NAYS 14

 

 

 

               BRAD OWEN

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  SUBSTITUTE SENATE BILL 6439 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

             CLYDE BALLARD

Speaker of the

      House of Representatives

           MIKE O'CONNELL

                            Secretary

 

 

Approved March 27, 1998 Place Style On Codes above, and Style Off Codes below.  

                                FILED          

 

 

           March 27, 1998 - 3:37 p.m.

 

 

 

              GARY LOCKE

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

                    SUBSTITUTE SENATE BILL 6439

          _______________________________________________

 

                      AS AMENDED BY THE HOUSE

 

             Passed Legislature - 1998 Regular Session

 

State of Washington      55th Legislature     1998 Regular Session

 

By Senate Committee on Transportation (originally sponsored by Senators Wood, Haugen, Prince and Horn; by request of Department of Transportation)

 

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.