WSR 00-19-112

PROPOSED RULES

STATE BOARD OF EDUCATION


[ Filed September 20, 2000, 11:54 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-06-074.

Title of Rule: WAC 180-25-012, 180-26-012, 180-27-012, 180-29-012, 180-31-012, 180-32-012, and 180-33-012, Waiver of rules to facilitate alternative public works contracting procedures.

Purpose: HB 1070 allows up to four school districts to utilize an alternative construction contract method known as general contractor/construction management (GC/CM) in lieu of the required current design, bid, build process.

Statutory Authority for Adoption: RCW 28A.525.020.

Summary: These proposed new sections are needed in order to allow school construction projects that would otherwise be eligible to receive state assistance and that are approved to utilize GC/CM to receive state funding.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, (360) 753-6715.

Name of Proponent: State Board of Education, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: HB 1070 allows up to four school districts to utilize an alternative construction contract method known as general contractor/construction management (GC/CM) in lieu of the required current design, bid, build process. It is assumed that one or more of these pilot projects will have eligibility for state assistance. The current D-Form process is designed around the design, bid, build, process and will not accommodate a GC/CM project due to the different processes and timeframes for bidding the general contract and the contracts for subcontractors.

The proposed new sections would allow school construction projects that would otherwise be eligible to receive state assistance and that are approved to utilize GC/CM to receive state funding. Future rule changes may be necessary if GC/CM is allowed for school projects beyond the term of this pilot project.

Proposal Changes the Following Existing Rules: Provisions of chapters 180-25 through 180-33 WAC which supplement statutory requirements are deemed waived to the extent any provision would prevent or delay the implementation of alternative public works contracting procedures.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

RCW 34.05.328 does not apply to this rule adoption. Not applicable.

Hearing Location: Board Room, North Thurston School District, 305 College Street N.E., Lacey, WA 98516, on October 25, 2000, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Patty Martin by October 20, 2000, TDD (360) 664-3631, or (360) 753-6715.

Submit Written Comments to: Rules Coordinator, State Board of Education, P.O. Box 47206, Olympia, WA 98504-7206, fax (360) 586-2357, by October 20, 2000.

Date of Intended Adoption: October 27, 2000.

September 19, 2000

Larry Davis

Executive Director

by Patty Martin

OTS-4361.1


NEW SECTION
WAC 180-25-012
Waiver of rules to facilitate alternative public works contracting procedures.

(1) Subject to factual determinations by the superintendent of public instruction, the provisions of chapters 180-25 through 180-33 WAC which supplement statutory requirements are hereby deemed waived to the extent any provision would prevent or delay the implementation of alternative public works contracting procedures pursuant to chapter 39.10 RCW.

(2) At the request of school district officials, the superintendent of public instruction or her/his designee shall factually determine on a case-by-case basis which provisions would prevent or delay the implementation of alternative public works contracting procedures, and advise officials in writing of the extent to which one or more provisions of chapters 180-25 through 180-33 WAC are hereby deemed to have been waived.

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OTS-4362.1


NEW SECTION
WAC 180-26-012
Waiver of rules to facilitate alternative public works contracting procedures.

The provisions of this chapter may be deemed waived in accordance with WAC 180-25-012.

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OTS-4363.1


NEW SECTION
WAC 180-27-012
Waiver of rules to facilitate alternative public works contracting procedures.

The provisions of this chapter may be deemed waived in accordance with WAC 180-25-012.

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OTS-4364.1


NEW SECTION
WAC 180-29-012
Waiver of rules to facilitate alternative public works contracting procedures.

The provisions of this chapter may be deemed waived in accordance with WAC 180-25-012.

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OTS-4365.1


NEW SECTION
WAC 180-31-012
Waiver of rules to facilitate alternative public works contracting procedures.

The provisions of this chapter may be deemed waived in accordance with WAC 180-25-012.

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OTS-4366.1


NEW SECTION
WAC 180-32-012
Waiver of rules to facilitate alternative public works contracting procedures.

The provisions of this chapter may be deemed waived in accordance with WAC 180-25-012.

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OTS-4367.1


NEW SECTION
WAC 180-33-012
Waiver of rules to facilitate alternative public works contracting procedures.

The provisions of this chapter may be deemed waived in accordance with WAC 180-25-012.

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Washington State Code Reviser's Office