Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 47.20.785 and 2006 c 37 s 1 are each amended to read as follows:
(1) The department of transportation ((may)) is authorized and strongly encouraged to use the design-build procedure for public works projects over ten million dollars ((where)) when:
(a) The construction activities are highly specialized and a design-build approach is critical in developing the construction methodology; or
(b) The projects selected provide opportunity for greater innovation and efficiencies between the designer and the builder; or
(c) Significant savings in project delivery time would be realized.
(2) To test the applicability of the design-build procedure on smaller projects and specialty projects, the department may conduct up to five pilot projects on projects that cost between two and ten million dollars. The department shall evaluate these pilot projects with respect to cost, time to complete, efficiencies gained, if any, and other pertinent information to facilitate analysis regarding the further use of the design-build process on projects of this size. This subsection expires upon the completion of the five pilot projects authorized under this subsection.
NEW SECTION. Sec. 2. (1) The joint transportation committee must convene a design-build contracting review panel to examine the department's implementation and use of design-build contracting under RCW 47.20.785.
(2) The design-build contracting review panel must provide a report detailing any recommended changes or improvements that the department of transportation should make to the design-build process in order to maximize cost and schedule efficiencies and ensure that design risk is borne by the appropriate party. The report is due to the transportation committees of the legislature and the governor by December 1, 2016.
(3) The design-build contracting review panel must be comprised of six members, two of which are nationally recognized experts in the field of design-build project delivery, a representative from the association of general contractors, a representative from the American council of engineering companies of Washington, a representative of the professional and technical employees local 17, and a representative from the department of transportation. The two nationally recognized experts must be selected cooperatively by the chairs and ranking members of the senate and house transportation committees from of a list of five to seven proposed candidates provided by the secretary of transportation and the governor. The chair of the design-build contracting review panel must be designated by the appointing authorities. The two experts serving on the panel must be compensated at a rate commensurate with their experience, including reimbursement for expenses according to RCW
43.03.050 and 43.03.060. The joint transportation committee will provide staff support to the design-build contracting review panel.
(4) This section expires June 30, 2017.
NEW SECTION. Sec. 3. A new section is added to chapter 47.01 RCW to read as follows:
(1) The department must develop a construction program business plan that incorporates findings of the report required in section 2 of this act and also outlines a sustainable staffing level of state-employed engineering staff, adjusted as necessary by additional sustainable revenue and modeled and optimized to address long-term needs in preservation and improvement programs through multiple biennia.
(2) The sustainable staffing level recognizes that it is in the state's interest that periodic increases in workload due to increases in construction funding are best addressed through the use of contract engineering resources in conjunction with limited and flexible augmentations to department staffing levels as necessary for project oversight, accountability, and delivery.
(3) To provide the appropriate management oversight and accountability of the use of contracted services, the plan must also make recommendations on the development of a strong owner strategy that addresses state employee training, career development, and competitive compensation.
(4) The department must submit the plan to the office of financial management and appropriate committees of the legislature one hundred eighty days after the report in section 2 of this act is completed. The department must submit progress reports on implementation of the plan biennially beginning September 30, 2018, until September 30, 2030. The elements of the plan must include:
(a) Sustainable staffing levels to address long-term needs in preservation and improvement programs;
(b) Employee recruitment, retention, training, and compensation status;
(c) Project delivery methods for design and construction; and
(d) A comparison of Washington state to national trends and methods.
(5) To assist in the development of the plan, the department must convene an advisory group to be comprised of the following members:
(a) One representative of the professional and technical employees local 17 to represent the nonmanagement engineering and technical employees of the department;
(b) One member of the managerial engineering and technical staff of the department, who must serve as chair of the advisory group;
(c) One member appointed by the American council of engineering companies of Washington to represent the private design industry; and
(d) One member appointed by the associated general contractors of Washington to represent the private construction industry.
NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2015.
NEW SECTION. Sec. 5. This act takes effect only if chapter ... (Engrossed Substitute Senate Bill No. 5987), Laws of 2015 is enacted by June 30, 2015."