| Passed by the House April 12, 2010 Yeas 97 FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate April 12, 2010 Yeas 40 BRAD OWEN ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED HOUSE BILL 1690 as passed by the House of Representatives and the Senate on the dates hereon set forth. BARBARA BAKER ________________________________________ Chief Clerk | |
| Approved April 23, 2010, 1:35 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | April 23, 2010 Secretary of State State of Washington |
| State of Washington | 61st Legislature | 2010 Regular Session |
Read first time 01/27/09. Referred to Committee on State Government & Tribal Affairs.
AN ACT Relating to public works projects; amending RCW 39.10.200, 39.10.230, 35.82.200, and 43.131.408; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The establishment of alternative public
works contracting procedures authorized for use by public bodies has
been a complex, controversial, and challenging undertaking, but it has
been successful. The key to the successful adoption and consideration
of these procedures has depended, in great part, on the review and
oversight mechanisms put in place by the legislature in chapter 39.10
RCW, as well as the countless hours of dedicated work by numerous
stakeholders over many years. It is the intent of the legislature to
clarify that, unless otherwise specifically provided for in law, public
bodies that want to use an alternative public works contracting
procedure may use only those procedures specifically authorized in
chapter 39.10 RCW.
Sec. 2 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 specifically authorized in this chapter, subject
to the requirements of this chapter.
Sec. 3 RCW 39.10.230 and 2009 c 75 s 1 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 the
potential future use of other alternative contracting procedures
including competitive negotiation contracts;
(3) ((Develop guidelines to be used by the committee for the review
and approval of design-build demonstration projects that procure
operations and maintenance services)) Submit recommendations to the
appropriate committees of the legislature evaluating alternative
contracting procedures that are not authorized under this chapter;
(4) Appoint members of the committee; and
(5) Develop and administer questionnaires designed to provide
quantitative and qualitative data on alternative public works
contracting procedures on which evaluations are based.
Sec. 4 RCW 35.82.200 and 1965 c 7 s 35.82.200 are each amended to
read as follows:
(1) In addition to the powers conferred upon an authority by other
provisions of this chapter, an authority is empowered to borrow money
or accept contributions, grants or other financial assistance from the
federal government for or in aid of any housing project within its area
of operation, to take over or lease or manage any housing project or
undertaking constructed or owned by the federal government, and to
these ends, to comply with such conditions and enter into such
mortgages, trust indentures, leases or agreements as may be necessary,
convenient or desirable. It is the purpose and intent of this chapter
to authorize every authority to do any and all things necessary or
desirable to secure the financial aid or cooperation of the federal
government in the undertaking, construction, maintenance or operation
of any housing project by such authority.
(2) All housing authorities shall be subject to the provisions of
chapter 39.10 RCW except where alternative requirements or procedures
of federal law or federal regulation are authorized.
(3) The requirements of chapter 39.12 RCW regarding prevailing
wages shall apply to housing authority public works except where
specifically preempted by federal law or federal regulation.
Sec. 5 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 2 of this act, 2007 c 494 s 1, & 1994
c 132 s 1;
(2) RCW 39.10.210 and 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 3 of this act, 2009 c 75 s 1, 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;)) RCW 39.10.320 and 2007 c 494 s 203 & 1994 c 132 s 7;
(13)
(((14))) (13) RCW 39.10.330 and 2007 c 494 s 204;
(((15))) (14) 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))) (15) RCW 39.10.350 and 2007 c 494 s 302;
(((17))) (16) RCW 39.10.360 and 2007 c 494 s 303;
(((18))) (17) RCW 39.10.370 and 2007 c 494 s 304;
(((19))) (18) RCW 39.10.380 and 2007 c 494 s 305;
(((20))) (19) RCW 39.10.390 and 2007 c 494 s 306;
(((21))) (20) RCW 39.10.400 and 2007 c 494 s 307;
(((22))) (21) RCW 39.10.410 and 2007 c 494 s 308;
(((23))) (22) RCW 39.10.420 and 2007 c 494 s 401 & 2003 c 301 s 1;
(((24))) (23) RCW 39.10.430 and 2007 c 494 s 402;
(((25))) (24) RCW 39.10.440 and 2007 c 494 s 403;
(((26))) (25) RCW 39.10.450 and 2007 c 494 s 404;
(((27))) (26) RCW 39.10.460 and 2007 c 494 s 405;
(((28))) (27) RCW 39.10.470 and 2005 c 274 s 275 & 1994 c 132 s 10;
(((29))) (28) RCW 39.10.480 and 1994 c 132 s 9;
(((30))) (29) RCW 39.10.490 and 2007 c 494 s 501 & 2001 c 328 s 5;
(((31))) (30) RCW 39.10.500 and 2007 c 494 s 502;
(((32))) (31) RCW 39.10.510 and 2007 c 494 s 503;
(((33))) (32) RCW 39.10.900 and 1994 c 132 s 13;
(((34))) (33) RCW 39.10.901 and 1994 c 132 s 14; and
(((35))) (34) RCW 39.10.903 and 2007 c 494 s 510.