BILL REQ. #: S-2150.1
State of Washington | 59th Legislature | 2005 Regular Session |
READ FIRST TIME 03/01/05.
AN ACT Relating to alternative public works contracting procedures; and reenacting and amending RCW 39.10.020 and 39.10.051.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 39.10.020 and 2003 c 352 s 1, 2003 c 301 s 2, and 2003
c 300 s 3 are each reenacted and amended to read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Alternative public works contracting procedure" means the
design-build and the general contractor/construction manager
contracting procedures authorized in RCW 39.10.051 and 39.10.061,
respectively.
(2) "Public body" means the state department of general
administration; the University of Washington; Washington State
University; every city with a population greater than seventy thousand
and any public authority chartered by such city under RCW 35.21.730
through 35.21.755 and specifically authorized as provided in RCW
39.10.120(4) or a city with a population less than seventy thousand
that reports in the state auditor's local government financial
reporting system combined general fund, special revenue, debt service,
capital projects, and enterprise funds revenues that exceed sixty
million dollars if the city has projects in design and out for bidding
by January 1, 2007; every county with a population greater than
((four)) three hundred fifty thousand; every port district with total
revenues greater than fifteen million dollars per year; every public
hospital district with total revenues greater than fifteen million
dollars per year utilizing the design-build procedure authorized by RCW
39.10.051 and every public hospital district, regardless of total
revenues, proposing projects that are considered and approved by the
public hospital district project review board under RCW 39.10.117;
every public utility district with revenues from energy sales greater
than twenty-three million dollars per year; those school districts
proposing projects that are considered and approved by the school
district project review board under RCW 39.10.115; and the state ferry
system.
(3) "Public works project" means any work for a public body within
the definition of the term public work in RCW 39.04.010.
(4) "Job order contract" means a contract between a public body or
any school district and a registered or licensed contractor in which
the contractor agrees to a fixed period, indefinite quantity delivery
order contract which provides for the use of negotiated, definitive
work orders for public works as defined in RCW 39.04.010.
(5) "Job order contractor" means a registered or licensed
contractor awarded a job order contract.
(6) "Unit price book" means a book containing specific prices,
based on generally accepted industry standards and information, where
available, for various items of work to be performed by the job order
contractor. The prices may include: All the costs of materials;
labor; equipment; overhead, including bonding costs; and profit for
performing the items of work. The unit prices for labor must be at the
rates in effect at the time the individual work order is issued.
(7) "Work order" means an order issued for a definite scope of work
to be performed pursuant to a job order contract.
Sec. 2 RCW 39.10.051 and 2003 c 352 s 2 and 2003 c 300 s 4 are
each reenacted and amended to read as follows:
(1) Notwithstanding any other provision of law, and after complying
with RCW 39.10.030, the following public bodies may utilize the design-
build procedure of public works contracting for public works projects
authorized under this section: The state department of general
administration; the state ferry system; the University of Washington;
Washington State University; every city with a population greater than
seventy thousand and any public authority chartered by such city under
RCW 35.21.730 through 35.21.755 and specifically authorized as provided
in RCW 39.10.120(4) or a city with a population less than seventy
thousand that reports in the state auditor's local government financial
reporting system combined general fund, special revenue, debt service,
capital projects, and enterprise funds revenues that exceed sixty
million dollars if the city has projects in design and out for bidding
by January 1, 2007; every county with a population greater than
((four)) three hundred fifty thousand; every public utility district
with revenues from energy sales greater than twenty-three million
dollars per year; every public hospital district with total revenues
greater than fifteen million dollars per year; and every port district
with total revenues greater than fifteen million dollars per year. The
authority granted to port districts in this section is in addition to
and does not affect existing contracting authority under RCW 53.08.120
and 53.08.130. For the purposes of this section, "design-build
procedure" means a contract between a public body and another party in
which the party agrees to both design and build the facility, portion
of the facility, or other item specified in the contract.
(2) Public bodies authorized under this section may utilize the
design-build procedure for public works projects valued over ten
million dollars where:
(a) The construction activities or technologies to be used are
highly specialized and a design-build approach is critical in
developing the construction methodology or implementing the proposed
technology; or
(b) The project design is repetitive in nature and is an incidental
part of the installation or construction; or
(c) Regular interaction with and feedback from facilities users and
operators during design is not critical to an effective facility
design.
(3) Public bodies authorized under this section may also use the
design-build procedure for the following projects that meet the
criteria in subsection (2)(b) and (c) of this section:
(a) The construction or erection of preengineered metal buildings
or prefabricated modular buildings, regardless of cost; or
(b) The construction of new student housing projects valued over
five million dollars.
(4) Contracts for design-build services shall be awarded through a
competitive process utilizing public solicitation of proposals for
design-build services. The public body shall publish at least once in
a legal newspaper of general circulation published in or as near as
possible to that part of the county in which the public work will be
done, a notice of its request for proposals for design-build services
and the availability and location of the request for proposal
documents. The request for proposal documents shall include:
(a) A detailed description of the project including programmatic,
performance, and technical requirements and specifications, functional
and operational elements, minimum and maximum net and gross areas of
any building, and, at the discretion of the public body, preliminary
engineering and architectural drawings;
(b) The reasons for using the design-build procedure;
(c) A description of the qualifications to be required of the
proposer including, but not limited to, submission of the proposer's
accident prevention program;
(d) A description of the process the public body will use to
evaluate qualifications and proposals, including evaluation factors and
the relative weight of factors. Evaluation factors shall include, but
not be limited to: Proposal price; ability of professional personnel;
past performance on similar projects; ability to meet time and budget
requirements; ability to provide a performance and payment bond for the
project; recent, current, and projected work loads of the firm;
location; and the concept of the proposal;
(e) The form of the contract to be awarded;
(f) The amount to be paid to finalists submitting best and final
proposals who are not awarded a design-build contract; and
(g) Other information relevant to the project.
(5) The public body shall establish a committee to evaluate the
proposals based on the factors, weighting, and process identified in
the request for proposals. Based on its evaluation, the public body
shall select not fewer than three nor more than five finalists to
submit best and final proposals. The public body may, in its sole
discretion, reject all proposals. Design-build contracts shall be
awarded using the procedures in (a) or (b) of this subsection.
(a) Best and final proposals shall be evaluated and scored based on
the factors, weighting, and process identified in the initial request
for proposals. The public body may score the proposals using a system
that measures the quality and technical merits of the proposal on a
unit price basis. Final proposals may not be considered if the
proposal cost is greater than the maximum allowable construction cost
identified in the initial request for proposals. The public body shall
initiate negotiations with the firm submitting the highest scored best
and final proposal. If the public body is unable to execute a contract
with the firm submitting the highest scored best and final proposal,
negotiations with that firm may be suspended or terminated and the
public body may proceed to negotiate with the next highest scored firm.
Public bodies shall continue in accordance with this procedure until a
contract agreement is reached or the selection process is terminated.
(b) If the public body determines that all finalists are capable of
producing plans and specifications that adequately meet project
requirements, the public body may award the contract to the firm that
submits the responsive best and final proposal with the lowest price.
(6) The firm awarded the contract shall provide a performance and
payment bond for the contracted amount. The public body shall provide
appropriate honorarium payments to finalists submitting best and final
proposals who are not awarded a design-build contract. Honorarium
payments shall be sufficient to generate meaningful competition among
potential proposers on design-build projects.
(7) The authority provided to the state ferry system in this
section is limited to projects concerning construction, renovation,
preservation, demolition, and reconstruction of ferry terminals and
associated land-based facilities.