Highway alt. contracting

AN ACT Relating to state highway construction project alternative 1
contracting procedures; amending RCW 39.10.270, 47.20.780, and 2
47.20.785; and declaring an emergency. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 39.10.270 and 2019 c 212 s 3 are each amended to 5
read as follows: 6
(1) A public body may apply for certification to use the design-7
build or general contractor/construction manager contracting 8
procedure, or both. Once certified, a public body may use the 9
contracting procedure for which it is certified on individual 10
projects without seeking committee approval for a period of three 11
years. A public body seeking certification must submit to the 12
committee an application in a format and manner as prescribed by the 13
committee. The application must include a description of the public 14
body's qualifications, its capital plan during the certification 15
period, and its intended use of alternative contracting procedures.16
(2) A public body seeking certification for the design-build 17
procedure must demonstrate successful management of at least one 18
design-build project within the previous five years. A public body 19
seeking certification for the general contractor/construction manager 20
procedure must demonstrate successful management of at least one 21
H-1329.4
HOUSE BILL 1970
State of Washington 69th Legislature 2025 Regular Session
By Representatives Zahn and Donaghy
Read first time 02/13/25. Referred to Committee on Transportation.
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general contractor/construction manager project within the previous 1
five years. 2
(3) To certify a public body, the committee shall determine that 3
the public body: 4
(a) Has the necessary experience and qualifications to determine 5
which projects are appropriate for using alternative contracting 6
procedures; 7
(b) Has the necessary experience and qualifications to carry out 8
the alternative contracting procedure including, but not limited to: 9
(i) Project delivery knowledge and experience; (ii) personnel with 10
appropriate construction experience; (iii) a management plan and 11
rationale for its alternative public works projects; (iv) 12
demonstrated success in managing public works projects; (v) the 13
ability to properly manage its capital facilities plan including, but 14
not limited to, appropriate project planning and budgeting 15
experience; and (vi) the ability to meet requirements of this 16
chapter; and 17
(c) Has resolved any audit findings on previous public works 18
projects in a manner satisfactory to the committee.19
(4) The committee shall make its determination at the public 20
meeting during which an application for certification is reviewed. 21
Public comments must be considered before a determination is made. 22
Within ((ten)) 10 business days of the public meeting, the committee 23
shall provide a written determination to the public body, and make 24
its determination available to the public on the committee's website.25
(5) The committee may revoke any public body's certification upon 26
a finding, after a public hearing, that its use of design-build or 27
general contractor/construction manager contracting procedures no 28
longer serves the public interest. 29
(6) The committee may renew the certification of a public body 30
for additional three-year periods. The public body must submit an 31
application for recertification at least three months before the 32
initial certification expires. The committee may accept late 33
applications, if administratively feasible, to avoid expiration of 34
certification on a case-by-case basis. The application shall include 35
updated information on the public body's experience and current 36
staffing with the procedure it is applying to renew, and any other 37
information requested in advance by the committee. The committee must 38
review the application for recertification at a meeting held before 39
expiration of the applicant's initial certification period. A public 40
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body must reapply for certification under the process described in 1
subsection (1) of this section once the period of recertification 2
expires. 3
(7) Certified public bodies must submit project data information 4
as required in RCW 39.10.320 and 39.10.350. 5
(8) The department of transportation is not subject to the 6
certification requirements under this section to use the design-build 7
or general contractor/construction manager contracting procedure on 8
individual projects.9
Sec. 2. RCW 47.20.780 and 2015 3rd sp.s. c 18 s 1 are each 10
amended to read as follows: 11
The department of transportation shall develop a process for 12
awarding competitively bid highway construction contracts for 13
projects ((over two million dollars )) that may be constructed using 14
((a design-build procedure. As used in this section and RCW 15
47.20.785, "design-build procedure" means a method of contracting 16
under which the department of transportation contracts with another 17
party for the party to both design and build the structures, 18
facilities, and other items specified in the contract.19
The process developed by the department must, at a minimum, 20
include the scope of services required under the design-build 21
procedure, contractor prequalification requirements, criteria for 22
evaluating technical information and project costs, contractor 23
selection criteria, and issue resolution procedures )) the alternative 24
public works contracting procedures as authorized in RCW 47.20.785.25
Sec. 3. RCW 47.20.785 and 2015 3rd sp.s. c 18 s 2 are each 26
amended to read as follows: 27
The department of transportation is authorized ((and strongly 28
encouraged)) to use the design-build procedure , progressive design-29
build, and general contractor/construction manager, as defined in RCW 30
39.10.210, for public works projects ((over two million dollars when:31
(1) The construction activities are highly specialized and a 32
design-build approach is critical in developing the construction 33
methodology; or34
(2) The projects selected provide opportunity for greater 35
innovation and efficiencies between the designer and the builder; or36
(3) Significant savings in project delivery time would be 37
realized)). For the first three general contractor/construction 38
p. 3 HB 1970
manager projects that the department delivers after July 1, 2025, the 1
department shall pursue approval in accordance with RCW 39.10.280. 2
After three such approvals have been granted, the department is not 3
subject to the approval requirements of RCW 39.10.280.4
NEW SECTION. Sec. 4. This act is necessary for the immediate 5
preservation of the public peace, health, or safety, or support of 6
the state government and its existing public institutions, and takes 7
effect immediately.8
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