Revised Code of Washington - RCW Title 39 Public Contracts And Indebtedness - Chapter 39.10 Alternative Public Works Contracting Procedures

  • 39.10.200 Finding -- Purpose
    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 ...
  • 39.10.210 Definitions
    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Alternative public works contracting procedure" means the design-build, general ...
  • 39.10.220 Board -- Membership -- Vacancies
    (1) The board is created in the department of general administration to provide an evaluation of public capital projects construction processes, including the impact of ...
  • 39.10.230 Board -- Powers and duties
    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 ...
  • 39.10.240 Project review committee -- Creation -- Members
    (1) The board shall establish a project review committee to review and approve public works projects using the design-build and general contractor/construction manager contracting procedures ...
  • 39.10.250 Project review committee -- Duties
    The committee shall: (1) Certify, or recertify, public bodies for a period of three years to use the design-build or general contractor/construction manager, or both, ...
  • 39.10.260 Project review committee -- Meetings -- Open and public
    (1) The committee shall hold regular public meetings to carry out its duties as described in RCW 39.10.250. Committee meetings are subject to chapter 42.30 ...
  • 39.10.270 Project review committee -- Certification of public bodies
    (1) A public body may apply for certification to use the design-build or general contractor/construction manager contracting procedure, or both. Once certified, a public body ...
  • 39.10.280 Project review committee -- Project approval process
    (1) A public body not certified under RCW 39.10.270 must apply for approval from the committee to use the design-build or general contractor/construction manager contracting ...
  • 39.10.290 Appeal process
    Final determinations by the committee may be appealed to the board within seven days by the public body or by an interested party. A written ...
  • 39.10.300 Design-build procedure -- Uses
    (1) Subject to the process in RCW 39.10.270 or 39.10.280, public bodies may utilize the design-build procedure for public works projects in which the total ...
  • 39.10.310 Design-build procedure -- Negotiated adjustments to lowest bid or proposal -- When allowed
    Notwithstanding the provisions of RCW 39.04.015, a public body using the design-build contracting procedure is authorized to negotiate an adjustment to the lowest bid or ...
  • 39.10.320 Design-build procedure -- Project management and contracting requirements
    (1) A public body utilizing the design-build contracting procedure shall provide for: (a) Reasonable budget contingencies totaling not less than five percent of the anticipated ...
  • 39.10.330 Design-build contract award process
    (1) Contracts for design-build services shall be awarded through a competitive process using public solicitation of proposals for design-build services. The public body shall publish ...
  • 39.10.340 General contractor/construction manager procedure -- Uses
    Subject to the process in RCW 39.10.270 or 39.10.280, public bodies may utilize the general contractor/construction manager procedure for public works projects where: (1) Implementation ...
  • 39.10.350 General contractor/construction manager procedure -- Project management and contracting requirements
    (1) A public body using the general contractor/construction manager contracting procedure shall provide for: (a) The preparation of appropriate, complete, and coordinated design documents; (b) ...
  • 39.10.360 General contractor/construction manager procedure -- Contract award process
    (1) Public bodies should select general contractor/construction managers early in the life of public works projects, and in most situations no later than the completion ...
  • 39.10.370 General contractor/construction manager procedure -- Maximum allowable construction cost
    (1) The maximum allowable construction cost shall be used to establish a total contract cost for which the general contractor/construction manager shall provide a performance ...
  • 39.10.380 General contractor/construction manager procedure -- Subcontract bidding procedure
    (1) All subcontract work and equipment and material purchases shall be competitively bid with public bid openings. Subcontract bid packages and equipment and materials purchases ...
  • 39.10.390 General contractor/construction manager procedure -- Subcontract work
    (1) Except as provided in this section, bidding on subcontract work or for the supply of equipment or materials by the general contractor/construction manager or ...
  • 39.10.400 General contractor/construction manager procedure -- Prebid determination of subcontractor eligibility
    (1) If determination of subcontractor eligibility prior to seeking bids is in the best interest of the project and critical to the successful completion of ...
  • 39.10.410 General contractor/construction manager procedure -- Subcontract agreements
    Subcontract agreements used by the general contractor/construction manager shall not: (1) Delegate, restrict, or assign the general contractor/construction manager's implied duty not to hinder or ...
  • 39.10.420 Job order procedure -- Which public bodies may use -- Authorized use
    (1) The following public bodies are authorized to use the job order contracting procedure: (a) The department of general administration; (b) The University of Washington; ...
  • 39.10.430 Job order procedure -- Contract award process
    (1) Job order contracts shall be awarded through a competitive process using public requests for proposals. (2) The public body shall make an effort to ...
  • 39.10.440 Job order procedure -- Contract requirements
    (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 ...
  • 39.10.450 Job order procedure -- Work orders
    (1) The maximum dollar amount for a work order is three hundred fifty thousand dollars. For each job order contract, public bodies shall not issue ...
  • 39.10.460 Job order procedure -- Required information to board
    A public body shall provide to the board the following information for each job order contract at the end of each contract year: (1) A ...
  • 39.10.470 Public inspection of certain records -- Protection of trade secrets
    (1) Except as provided in subsection (2) of this section, all proceedings, records, contracts, and other public records relating to alternative public works transactions under ...
  • 39.10.480 Construction of chapter -- Waiver of other limits and requirements
    This chapter shall not be construed to affect or modify the existing statutory, regulatory, or charter powers of public bodies except to the extent that ...
  • 39.10.490 Application of chapter
    The alternative public works contracting procedures authorized under this chapter are limited to public works contracts signed before July 1, 2013. Methods of public works ...
  • 39.10.500 Exemptions
    Projects approved by the school district project review board established under *RCW 39.10.115, and the hospital district project review board established under *RCW 39.10.117 before ...
  • 39.10.510 Previously advertised projects
    Projects using the design-build or general contractor/construction manager contracting procedures in which advertising for selection of a contractor has begun by July 1, 2007, but ...
  • 39.10.900 Captions not law -- 1994 c 132
    Captions as used in this act do not constitute any part of law.[1994 c 132 § 13.]Notes:      Sunset Act application: See note following chapter digest. ...
  • 39.10.901 Severability -- 1994 c 132
    If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application ...
  • 39.10.903 Part headings and captions not law -- 2007 c 494
    Part headings and captions used in chapter 494, Laws of 2007 are not any part of the law.[2007 c 494 § 510.]Notes:      Sunset Act application: ...
  • 39.10.904 Effective dates -- 2007 c 494
    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 ...
  • 39.10.905 Severability -- 2007 c 494
    If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application ...

Last modified: April 7, 2009