HB 1768 -
By Committee on Transportation
ADOPTED 04/17/2013
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 39.10.420 and 2012 c 102 s 1 are each amended to read
as follows:
(1) The following public bodies are authorized to use the job order
contracting procedure:
(a) The department of enterprise services;
(b) The state universities, regional universities, and The
Evergreen State College;
(c) Sound transit (central Puget Sound regional transit authority);
(d) 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;
(e) Every county with a population greater than four hundred fifty
thousand;
(f) Every port district with total revenues greater than fifteen
million dollars per year;
(g) Every public utility district with revenues from energy sales
greater than twenty-three million dollars per year;
(h) Every school district; ((and))
(i) The state ferry system; and
(j) The Washington state department of transportation, for the
administration of building improvement, replacement, and renovation
projects only.
(2)(a) The department of enterprise services may issue job order
contract work orders for Washington state parks department projects.
(b) The department of enterprise services, the University of
Washington, and Washington State University may issue job order
contract work orders for the state regional universities and The
Evergreen State College.
(3) Public bodies may use a job order contract for public works
projects when a determination is made that the use of job order
contracts will benefit the public by providing an effective means of
reducing the total lead-time and cost for the construction of public
works projects for repair and renovation required at public facilities
through the use of unit price books and work orders by eliminating
time-consuming, costly aspects of the traditional public works process,
which require separate contracting actions for each small project.
Sec. 2 RCW 39.10.440 and 2007 c 494 s 403 are each amended to
read as follows:
(1) The maximum total dollar amount that may be awarded under a job
order contract is four million dollars per year for a maximum of three
years.
(2) Job order contracts may be executed for an initial contract
term of not to exceed two years, with the option of extending or
renewing the job order contract for one year. All extensions or
renewals must be priced as provided in the request for proposals. The
extension or renewal must be mutually agreed to by the public body and
the job order contractor.
(3) A public body may have no more than two job order contracts in
effect at any one time, with the exception of the department of
((general administration)) enterprise services, which may have four job
order contracts in effect at any one time.
(4) At least ninety percent of work contained in a job order
contract must be subcontracted to entities other than the job order
contractor. The job order contractor must distribute contracts as
equitably as possible among qualified and available subcontractors
including minority and woman-owned subcontractors to the extent
permitted by law.
(5) The job order contractor shall publish notification of intent
to perform public works projects at the beginning of each contract year
in a statewide publication and in a legal newspaper of general
circulation in every county in which the public works projects are
anticipated.
(6) Job order contractors shall pay prevailing wages for all work
that would otherwise be subject to the requirements of chapter 39.12
RCW. Prevailing wages for all work performed pursuant to each work
order must be the rates in effect at the time the individual work order
is issued.
(7) If, in the initial contract term, the public body, at no fault
of the job order contractor, fails to issue the minimum amount of work
orders stated in the public request for proposals, the public body
shall pay the contractor an amount equal to the difference between the
minimum work order amount and the actual total of the work orders
issued multiplied by an appropriate percentage for overhead and profit
contained in the contract award coefficient for services as specified
in the request for proposals. This is the contractor's sole remedy.
(8) All job order contracts awarded under this section must be
signed before July 1, ((2013)) 2021; however the job order contract may
be extended or renewed as provided for in this section.
(9) Public bodies may amend job order contracts awarded prior to
July 1, 2007, in accordance with this chapter.
Sec. 3 RCW 39.10.490 and 2007 c 494 s 501 are each amended to
read as follows:
The alternative public works contracting procedures authorized
under this chapter are limited to public works contracts signed before
July 1, ((2013)) 2021. Methods of public works contracting authorized
under this chapter shall remain in full force and effect until
completion of contracts signed before July 1, ((2013)) 2021.
Sec. 4 RCW 43.131.407 and 2007 c 494 s 506 are each amended to
read as follows:
The alternative (([public])) public works contracting procedures
under chapter 39.10 RCW shall be terminated June 30, ((2013)) 2021, as
provided in RCW 43.131.408.
Sec. 5 RCW 43.131.408 and 2012 c 102 s 4 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)) 2022:
(1) RCW 39.10.200 and 2010 1st sp.s. c 21 s 2, 2007 c 494 s 1, &
1994 c 132 s 1;
(2) RCW 39.10.210 and 2010 1st sp.s. c 36 s 6014, 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 2010 1st sp.s. c 21 s 3, 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 2009 c 75 s 2 & 2007 c 494 s 105;
(7) RCW 39.10.260 and 2007 c 494 s 106;
(8) RCW 39.10.270 and 2009 c 75 s 3 & 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 2009 c 75 s 4 & 2007 c 494 s 201;
(12) RCW 39.10.320 and 2007 c 494 s 203 & 1994 c 132 s 7;
(13) RCW 39.10.330 and 2009 c 75 s 5 & 2007 c 494 s 204;
(14) RCW 39.10.340 and 2007 c 494 s 301;
(15) RCW 39.10.350 and 2007 c 494 s 302;
(16) RCW 39.10.360 and 2009 c 75 s 6 & 2007 c 494 s 303;
(17) RCW 39.10.370 and 2007 c 494 s 304;
(18) RCW 39.10.380 and 2007 c 494 s 305;
(19) RCW 39.10.385 and 2010 c 163 s 1;
(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 2013 c . . . s 1 (section 1 of this act),
2012 c 102 s 1, 2009 c 75 s 7, 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 2013 c . . . s 2 (section 2 of this act) &
2007 c 494 s 403;
(26) RCW 39.10.450 and 2012 c 102 s 2 & 2007 c 494 s 404;
(27) RCW 39.10.460 and 2012 c 102 s 3 & 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 2013 c . . . s 3 (section 3 of this act),
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;
(35) RCW 39.10.903 and 2007 c 494 s 510;
(36) RCW 39.10.904 and 2007 c 494 s 512; and
(37) RCW 39.10.905 and 2007 c 494 s 513."
HB 1768 -
By Committee on Transportation
ADOPTED 04/17/2013
On page 1, line 2 of the title, after "transportation;" strike the reminder of the title and insert "and amending RCW 39.10.420, 39.10.440, 39.10.490, 43.131.407, and 43.131.408."
EFFECT: The job order contracting statute expiration date is extended from July 2013 to July 2021.