RCW 39.10.200 Finding—Purpose—Intent. 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 method of selecting a contractor. However, under certain circumstances, alternative public works contracting procedures may best serve the public interest if such procedures are implemented in an […]
RCW 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 contractor/construction manager, and job order contracting procedures authorized in RCW 39.10.300, 39.10.340, and 39.10.420, respectively. (2) “Board” means the capital projects advisory review board. (3) “Budget contingencies” […]
RCW 39.10.220 Board—Membership—Vacancies. (1) The board is created in the department of enterprise services to provide an evaluation of public capital projects construction processes, including the impact of contracting methods on project outcomes, and to advise the legislature on policies related to public works delivery methods. (2) Members of the board identified in (a) through […]
RCW 39.10.230 Board—Powers and duties. The board has the following powers and duties: (1) Develop and recommend to the legislature policies to encourage competition and to further enhance the quality, efficiency, and accountability of and equitable participation by disadvantaged business enterprises in capital construction projects through the use of traditional and alternative delivery methods in […]
RCW 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 authorized in RCW 39.10.300 and 39.10.340 and to certify public bodies as provided in RCW 39.10.270. (2) The board shall, by a majority vote of […]
RCW 39.10.250 Project review committee—Duties. The committee shall: (1) Certify, or renew certification for, public bodies to use design-build or general contractor/construction manager contracting procedures, or both; (2) Review and approve the use of the design-build or general contractor/construction manager contracting procedures on a project by project basis for public bodies that are not certified […]
RCW 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 RCW. (2) The committee shall publish notice of its public meetings at least twenty days before the meeting in a legal newspaper circulated […]
RCW 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 may use the contracting procedure for which it is certified on individual projects without seeking committee approval for a period of three […]
RCW 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 procedure on a project. A public body seeking approval must submit to the committee an application in a format and manner as prescribed […]
RCW 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 notice of an appeal must be provided to the committee and, as applicable, to the public body. The board shall resolve an appeal within forty-five days […]
RCW 39.10.300 Design-build procedure—Uses—Washington State University may perform design-build demonstration projects. (1) Subject to the requirements in RCW 39.10.250, 39.10.270, or 39.10.280, public bodies may utilize the design-build procedure, including progressive design-build, for public works projects in which the total project cost is over $2,000,000 and where: (a) The construction activities are highly specialized and […]
RCW 39.10.320 Design-build procedure—Project management and contracting requirements. (1) A public body utilizing the design-build contracting procedure shall provide: (a) Reasonable budget contingencies totaling not less than five percent of the anticipated contract value; (b) Staff or consultants with expertise and prior experience in the management of comparable projects; (c) Contract documents that include alternative […]
RCW 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. At a minimum, the public body shall publish at least once in a legal newspaper of general circulation published in, or as near as possible to, that part of […]
RCW 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 at least one of the following is met: (1) Implementation of the project involves complex scheduling, phasing, or coordination; (2) The project involves construction at an […]
RCW 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) Confirmation that a constructability analysis of the design documents has been performed prior to solicitation of a subcontract bid package; […]
RCW 39.10.360 General contractor/construction manager procedure—Contract award process. (1) Public bodies should select general contractor/construction managers at a time in the project when the general contractor/construction manager’s participation provides value. (2) Contracts for the services of a general contractor/ construction manager under this section shall be awarded through a competitive process requiring the public solicitation […]
RCW 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 and payment bond. The maximum allowable construction cost shall be negotiated between the public body and the selected firm when the […]
RCW 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 and require the public solicitation of the bid documents. At a minimum, the general contractor/construction manager shall publish at least once in a legal newspaper of general circulation published in, […]
RCW 39.10.385 General contractor/construction manager procedure—Alternative subcontractor selection process. The selection process in this section may be used by public bodies certified under RCW 39.10.270. It may also be used by noncertified public bodies if this selection process has been approved for the project by the project review committee. As an alternative to the subcontractor […]
RCW 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 its subsidiaries is prohibited. (2) The general contractor/construction manager, or its subsidiaries, may bid on subcontract work or for the supply of equipment […]
