6439-S AMH TRPB H5254.1

SSB 6439 - H COMM AMD

By Committee on Transportation Policy & Budget

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  The legislature finds and declares that a contracting procedure that facilitates construction of transportation facilities in a more timely manner may occasionally be needed to ensure that construction can proceed simultaneously with the design of the facility.

NEW SECTION. Sec. 2.  The department of transportation shall develop, by January 1, 1999, a process for awarding competitively bid highway construction contracts for projects over ten million dollars that may be constructed using a design-build procedure.  As used in this section, "design-build procedure" means a method of contracting under which the department of transportation contracts with another party for such party to both design and build the structures, facilities, and other items specified in the contract.

    The process developed by the department shall, at a minimum, include the scope of services required under the design-build procedure, contractor prequalification requirements, criteria for evaluating technical information and project costs, contractor selection criteria, and an issue resolution procedure.  If a request for proposal will be used, the requirements of RCW 39.10.050 (4), (5), and (6) apply.

NEW SECTION. Sec. 3.  RCW 39.10.080, 39.10.090, and 39.10.100 and the notice requirements of RCW 39.10.030 (2), (3), and (4) apply to this act.

NEW SECTION. Sec. 4.  The department may use the design-build procedure for public works projects over ten million dollars where:

    (1) The construction activities are highly specialized and a design-build approach, as defined in section 2 of this act, is critical in developing the construction methodology; or

    (2) The projects selected provide opportunity for greater innovation and efficiencies between the designer and the builder; or

    (3) Significant savings in project delivery time would be realized.

NEW SECTION. Sec. 5.  Sureties are not responsible for damages, including corrective work, attributable to the design aspect of a design-build project.

NEW SECTION. Sec. 6.  A demonstration program consisting of two projects must be implemented using the design-build method of contracting, as prescribed under a process developed by the department of transportation under section 2 of this act.  The department shall select projects valued over ten million dollars for the demonstration program.

    The department shall present progress reports on the demonstration projects to the legislative transportation committee and the alternative public works oversight committee during the course of the performance of the demonstration projects.  The department shall present a final detailed report to the legislative transportation committee within one year of completion of the demonstration projects.  The report must detail the advantages and disadvantages of the design-build construction process and make recommendations for possible changes in law, and in how the process may be used for future department projects.

NEW SECTION. Sec. 7.  This act expires April 30, 2001, unless extended by the legislature."

    Correct the title.

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