SSB 5760 -
By Committee on Capital Budget
ADOPTED AS AMENDED 04/16/2009
On page 2, beginning on line 7, after "thereto," strike "does not include state-appropriated funds" and insert "is provided with federal funds through the American recovery and reinvestment act of 2009"
On page 2, beginning on line 16, after "project" strike "does not include state-appropriated funds" and insert "is federal funds through the American recovery and reinvestment act of 2009"
On page 3, beginning on line 5, strike all of subsections (3) and
(4) and insert the following:
"(3) This section expires June 30, 2013. The University of
Washington shall report on the status and performance of projects using
federal funds through the American recovery and reinvestment act of
2009 to fiscal committees of the legislature and the capital projects
review board by December 1, 2010."
On page 3, after line 16, insert the following:
"Sec. 2 RCW 28B.20.140 and 1969 ex.s. c 223 s 28B.20.140 are each
amended to read as follows:
(1) The board of regents shall enter into such contracts with one
or more contractors for the erection and construction of university
buildings or improvements thereto as in their judgment shall be deemed
for the best interest of the university; subject to subsections (2) and
(3) of this section, such contract or contracts shall be let after
public notice and under such regulations as shall be established by
said board or as otherwise provided by law to the person or persons
able to perform the same on the most advantageous terms: PROVIDED,
That in all cases said board shall require from contractors a good and
sufficient bond for the faithful performance of the work, and the full
protection of the state against mechanics' and other liens: AND
PROVIDED FURTHER, That the board shall not have the power to enter into
any contract for the erection of any buildings or improvements which
shall bind said board to pay out any sum of money in excess of the
amount provided for said purpose.
(2) The board of regents must comply with the requirements of
chapter 39.10 RCW when using any alternative contracting procedure
authorized pursuant to chapter 39.10 RCW.
(3) Prior to adoption of any alternative public works contracting
procedure not authorized in chapter 39.10 RCW, the board of regents
must submit the proposed contracting procedure to the capital projects
advisory review board established under chapter 39.10 RCW for
evaluation and approval pursuant to RCW 39.10.230. Final adoption and
use of any alternative public works contracting procedure is contingent
on approval by the capital projects advisory review board.
Sec. 3 RCW 39.10.200 and 2007 c 494 s 1 are each amended to read
as follows:
The legislature finds that the traditional process of awarding
public works contracts in lump sum to the lowest responsible bidder is
a fair and objective method of selecting a contractor. However, under
certain circumstances, alternative public works contracting procedures
may best serve the public interest if such procedures are implemented
in an open and fair process based on objective and equitable criteria.
The purpose of this chapter is to authorize the use of certain
supplemental alternative public works contracting procedures, to
prescribe appropriate requirements to ensure that such contracting
procedures serve the public interest, and to establish a process for
evaluation of such contracting procedures. It is the intent of the
legislature to establish that, unless otherwise specifically provided
for in law, public bodies may use only those alternative public works
contracting procedures either specifically authorized in this chapter,
subject to the requirements of this chapter, or those approved for use
on a demonstration project by the capital projects advisory review
board.
Sec. 4 RCW 39.10.230 and 2007 c 494 s 103 are each amended to
read as follows:
The board has the following powers and duties:
(1) Develop and recommend to the legislature policies to further
enhance the quality, efficiency, and accountability of capital
construction projects through the use of traditional and alternative
delivery methods in Washington, and make recommendations regarding
expansion, continuation, elimination, or modification of the
alternative public works contracting methods;
(2) Evaluate the use of existing contracting procedures ((and
potential future use of));
(3) Evaluate other alternative contracting procedures including
competitive negotiation contracts, for: (a) Potential future use; and
(b) approval to use as a demonstration project;
(4) Submit a report to the appropriate committees of the
legislature evaluating any alternative contracting procedure that is
not authorized under this chapter and has been submitted to the board
for its review or approval. The report must:
(a) Include a recommendation regarding use of the alternative
contracting procedure by other public bodies; and
(b) Be submitted by December of the next regular legislative
session following completion of the evaluation;
(((3))) (5) Appoint members of the committee; and
(((4))) (6) Develop and administer questionnaires designed to
provide quantitative and qualitative data on alternative public works
contracting procedures on which evaluations are based.
Sec. 5 RCW 39.10.210 and 2007 c 494 s 101 are each 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, general contractor/construction manager, and job order
contracting procedures authorized in RCW 39.10.300, 39.10.340, and
39.10.420, respectively. It also means other contracting procedures
submitted to the board under RCW 39.10.230 for approval to use as a
demonstration project.
(2) "Board" means the capital projects advisory review board.
(3) "Committee" means the project review committee.
(4) "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.
(5) "Total contract cost" means the fixed amount for the detailed
specified general conditions work, the negotiated maximum allowable
construction cost, and the percent fee on the negotiated maximum
allowable construction cost.
(6) "General contractor/construction manager" means a firm with
which a public body has selected and negotiated a maximum allowable
construction cost to provide services during the design phase and to
act as construction manager and general contractor during the
construction phase.
(7) "Job order contract" means a contract 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.
(8) "Job order contractor" means a registered or licensed
contractor awarded a job order contract.
(9) "Maximum allowable construction cost" means the maximum cost of
the work to construct the project including a percentage for risk
contingency, negotiated support services, and approved change orders.
(10) "Negotiated support services" means items a general contractor
would normally manage or perform on a construction project including,
but not limited to surveying, hoisting, safety enforcement, provision
of toilet facilities, temporary heat, cleanup, and trash removal.
(11) "Percent fee" means the percentage amount to be earned by the
general contractor/construction manager as overhead and profit.
(12) "Public body" means any general or special purpose government,
including but not limited to state agencies, institutions of higher
education, counties, cities, towns, ports, school districts, and
special purpose districts.
(13) "Certified public body" means a public body certified to use
design-build or general contractor/construction manager contracting
procedures, or both, under RCW 39.10.270.
(14) "Public works project" means any work for a public body within
the definition of "public work" in RCW 39.04.010.
(15) "Total project cost" means the cost of the project less
financing and land acquisition costs.
(16) "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.
(17) "Work order" means an order issued for a definite scope of
work to be performed pursuant to a job order contract.
Sec. 6 RCW 43.131.408 and 2007 c 494 s 507 are each amended to
read as follows:
The following acts or parts of acts, as now existing or hereafter
amended, are each repealed, effective June 30, 2014:
(1) RCW 39.10.200 and section 3 of this act, 2007 c 494 s 1, & 1994
c 132 s 1;
(2) RCW 39.10.210 and section 5 of this act, 2007 c 494 s 101, &
2005 c 469 s 3;
(3) RCW 39.10.220 and 2007 c 494 s 102 & 2005 c 377 s 1;
(4) RCW 39.10.230 and section 4 of this act, 2007 c 494 s 103, &
2005 c 377 s 2;
(5) RCW 39.10.240 and 2007 c 494 s 104;
(6) RCW 39.10.250 and 2007 c 494 s 105;
(7) RCW 39.10.260 and 2007 c 494 s 106;
(8) RCW 39.10.270 and 2007 c 494 s 107;
(9) RCW 39.10.280 and 2007 c 494 s 108;
(10) RCW 39.10.290 and 2007 c 494 s 109;
(11) RCW 39.10.300 and 2007 c 494 s 201, 2003 c 352 s 2, 2003 c 300
s 4, 2002 c 46 s 1, & 2001 c 328 s 2;
(12) RCW 39.10.310 and 2007 c 494 s 202 & 1994 c 132 s 8;
(13) RCW 39.10.320 and 2007 c 494 s 203 & 1994 c 132 s 7;
(14) RCW 39.10.330 and 2007 c 494 s 204;
(15) RCW 39.10.340 and 2007 c 494 s 301, 2003 c 352 s 3, 2003 c 300
s 5, 2002 c 46 s 2, & 2001 c 328 s 3;
(16) RCW 39.10.350 and 2007 c 494 s 302;
(17) RCW 39.10.360 and 2007 c 494 s 303;
(18) RCW 39.10.370 and 2007 c 494 s 304;
(19) RCW 39.10.380 and 2007 c 494 s 305;
(20) RCW 39.10.390 and 2007 c 494 s 306;
(21) RCW 39.10.400 and 2007 c 494 s 307;
(22) RCW 39.10.410 and 2007 c 494 s 308;
(23) RCW 39.10.420 and 2007 c 494 s 401 & 2003 c 301 s 1;
(24) RCW 39.10.430 and 2007 c 494 s 402;
(25) RCW 39.10.440 and 2007 c 494 s 403;
(26) RCW 39.10.450 and 2007 c 494 s 404;
(27) RCW 39.10.460 and 2007 c 494 s 405;
(28) RCW 39.10.470 and 2005 c 274 s 275 & 1994 c 132 s 10;
(29) RCW 39.10.480 and 1994 c 132 s 9;
(30) RCW 39.10.490 and 2007 c 494 s 501 & 2001 c 328 s 5;
(31) RCW 39.10.500 and 2007 c 494 s 502;
(32) RCW 39.10.510 and 2007 c 494 s 503;
(33) RCW 39.10.900 and 1994 c 132 s 13;
(34) RCW 39.10.901 and 1994 c 132 s 14; and
(35) RCW 39.10.903 and 2007 c 494 s 510."
Renumber the remaining section consecutively.
On page 4, beginning on line 1, after "thereto," strike "does not include state-appropriated funds" and insert "is provided with federal funds through the American recovery and reinvestment act of 2009"
On page 4, beginning on line 10, after "project" strike "does not include state-appropriated funds" and insert "is federal funds through the American recovery and reinvestment act of 2009"
Beginning on page 4, line 37, strike all of subsections (3) and (4)
and insert the following:
"(3) This section expires June 30, 2013. Washington State
University shall report on the status and performance of projects using
federal funds through the American recovery and reinvestment act of
2009 to fiscal committees of the legislature and the capital projects
review board by December 1, 2010."
On page 5, after line 10, insert the following:
"Sec. 3 RCW 28B.30.700 and 1985 c 390 s 41 are each amended to
read as follows:
(1) The board of regents of Washington State University is
empowered, in accordance with the provisions of RCW 28B.30.700 through
28B.30.780, to provide for the construction, completion,
reconstruction, remodeling, rehabilitation and improvement of buildings
and facilities authorized by the legislature, subject to subsections
(2) and (3) of this section, for the use of the university and to
finance the payment thereof by bonds payable out of a special fund from
revenues hereafter derived from the payment of building fees, gifts,
bequests or grants, and such additional funds as the legislature may
provide.
(2) The board of regents must comply with the requirements of
chapter 39.10 RCW when using any alternative contracting procedure
authorized pursuant to chapter 39.10 RCW.
(3) Prior to adoption of any alternative public works contracting
procedure not authorized in chapter 39.10 RCW, the board of regents
must submit the proposed contracting procedure to the capital projects
advisory review board established under chapter 39.10 RCW for
evaluation and approval pursuant to RCW 39.10.230. Final adoption and
use of any alternative public works contracting procedure is contingent
on approval by the capital projects advisory review board."
Correct the title.
EFFECT: Changes the fund source from nonstate-appropriated to federal stimulus funds, removes the ability to limit the number of contractors, and requires a report on the use of funds for the University of Washington and Washington State University, and requires the University of Washington and Washington State University to go through Capital Projects Authority Review Board for alternative contracting methods. Adds expiration date of June 30, 2013.