reglab/housing_qa huggingface dataset:
WA Rev Code § 39.10.200 (2021)
2021 Revised Code of Washington|Title 39 - Public Contracts and Indebtedness|Chapter 39.10 - Alternative Public Works Contracting Procedures.|39.10.200 - Finding—Purpose—Intent.

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 open and fair process based on objective and equitable criteria. The purpose of this chapter is to authorize the use of certain supplemental alternative public works contracting procedures, to prescribe appropriate requirements to ensure that such contracting procedures serve the public interest, and to establish a process for evaluation of such contracting procedures. It is the intent of the legislature to establish that, unless otherwise specifically provided for in law, public bodies may use only those alternative public works contracting procedures specifically authorized in this chapter, subject to the requirements of this chapter.[ 2010 1st sp.s. c 21 § 2; 2007 c 494 § 1; 1994 c 132 § 1. Formerly RCW 39.10.010.]NOTES:Sunset Act application: See note following chapter digest.Intent—2010 1st sp.s. c 21: "The establishment of alternative public works contracting procedures authorized for use by public bodies has been a complex, controversial, and challenging undertaking, but it has been successful. The key to the successful adoption and consideration of these procedures has depended, in great part, on the review and oversight mechanisms put in place by the legislature in chapter 39.10 RCW, as well as the countless hours of dedicated work by numerous stakeholders over many years. It is the intent of the legislature to clarify that, unless otherwise specifically provided for in law, public bodies that want to use an alternative public works contracting procedure may use only those procedures specifically authorized in chapter 39.10 RCW." [ 2010 1st sp.s. c 21 § 1.]
WA Rev Code § 39.10.230 (2021)
2021 Revised Code of Washington|Title 39 - Public Contracts and Indebtedness|Chapter 39.10 - Alternative Public Works Contracting Procedures.|39.10.230 - Board—Powers and duties.

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 Washington, and make recommendations regarding best practices, expansion, continuation, elimination, or modification of the alternative public works contracting methods, including specific recommendations for reducing barriers for and increasing participation by disadvantaged business enterprises;(2) Evaluate the use of existing contracting procedures and the potential future use of other alternative contracting procedures including competitive negotiation contracts;(3) Submit recommendations to the appropriate committees of the legislature evaluating alternative contracting procedures that are not authorized under this chapter;(4) Appoint members of committees; and(5) Direct the department of enterprise services to collect quantitative and qualitative data on alternative public works contracting procedures to support the board's work in meeting the purpose established in RCW 39.10.220(1).[ 2021 c 230 § 3; 2013 c 222 § 3; 2010 1st sp.s. c 21 § 3; 2009 c 75 § 1; 2007 c 494 § 103; 2005 c 377 § 2. Formerly RCW 39.10.810.]NOTES:Sunset Act application: See note following chapter digest.Effective date—2021 c 230: See note following RCW 39.10.210.Effective date—2013 c 222: See note following RCW 39.10.210.Intent—2010 1st sp.s. c 21: See note following RCW 39.10.200.
WA Rev Code § 39.10.240 (2021)
2021 Revised Code of Washington|Title 39 - Public Contracts and Indebtedness|Chapter 39.10 - Alternative Public Works Contracting Procedures.|39.10.240 - Project review committee—Creation—Members.

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 the board, appoint persons to the committee who are knowledgeable in the use of the design-build and general contractor/construction manager contracting procedures. Appointments must represent a balance of public and private sector representatives of the board listed in RCW 39.10.220, and must include at least one member representing the interests of disadvantaged business enterprises.(a) Each member of the committee shall be appointed for a term of three years. However, for initial appointments, the board shall stagger the appointment of committee members so that the first members are appointed to serve terms of one, two, or three years from the date of appointment. Appointees may be reappointed to serve more than one term.(b) The committee shall, by a majority vote, elect a chair and vice chair for the committee.(c) The committee chair may select a person or persons on a temporary basis as a nonvoting member if project specific expertise is needed to assist in a review.(3) The chair of the committee, in consultation with the vice chair, may appoint one or more panels of at least six committee members to carry out the duties of the committee. Each panel shall have balanced representation of the private and public sector representatives serving on the committee, and shall include a member representing the interests of disadvantaged business enterprises.(4) Any member of the committee directly or indirectly affiliated with a submittal before the committee must recuse himself or herself from the committee consideration of that submittal.(5) Any person who sits on the committee or panel is not precluded from subsequently bidding on or participating in projects that have been reviewed by the committee.(6) The committee shall meet as often as necessary to ensure that certification and approvals are completed in a timely manner.[ 2021 c 230 § 4; 2013 c 222 § 4; 2007 c 494 § 104.]NOTES:Sunset Act application: See note following chapter digest.Effective date—2021 c 230: See note following RCW 39.10.210.Effective date—2013 c 222: See note following RCW 39.10.210.
WA Rev Code § 39.10.250 (2021)
2021 Revised Code of Washington|Title 39 - Public Contracts and Indebtedness|Chapter 39.10 - Alternative Public Works Contracting Procedures.|39.10.250 - Project review committee—Duties.

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 under RCW 39.10.270;(3) Review and approve the use of alternative subcontractor selection under RCW 39.10.385 on a project-by-project basis for public bodies that are not certified under RCW 39.10.270, which review and approval may be concurrent with project approval; and(4) Review and approve not more than two design-build demonstration projects that include procurement of operations and maintenance services for a period longer than three years.[ 2021 c 230 § 5; 2019 c 212 § 2; 2013 c 222 § 5; 2009 c 75 § 2; 2007 c 494 § 105.]NOTES:Sunset Act application: See note following chapter digest.Effective date—2021 c 230: See note following RCW 39.10.210.Effective date—2013 c 222: See note following RCW 39.10.210.
WA Rev Code § 39.10.260 (2021)
2021 Revised Code of Washington|Title 39 - Public Contracts and Indebtedness|Chapter 39.10 - Alternative Public Works Contracting Procedures.|39.10.260 - Project review committee—Meetings—Open and public.

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 in the area where the public body seeking certification is located, or where each of the proposed projects under consideration will be constructed. All meeting notices must be posted on the committee's website.(3) The meeting notice must identify the public body that is seeking certification or project approval, and where applicable, a description of projects to be considered at the meeting. The notice must indicate when, where, and how the public may present comments regarding the committee's certification of a public body or approval of a project. Information submitted by a public body to be reviewed at the meeting shall be available on the committee's website at the time the notice is published.(4) The committee must allow for public comment on the appropriateness of certification of a public body or on the appropriateness of the use of the proposed contracting procedure and the qualifications of a public body to use the contracting procedure. The committee shall receive and record both written and oral comments at the public meeting.[ 2013 c 222 § 6; 2007 c 494 § 106.]NOTES:Sunset Act application: See note following chapter digest.Effective date—2013 c 222: See note following RCW 39.10.210.
WA Rev Code § 39.10.290 (2021)
2021 Revised Code of Washington|Title 39 - Public Contracts and Indebtedness|Chapter 39.10 - Alternative Public Works Contracting Procedures.|39.10.290 - Appeal process.

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 of receipt of the appeal and shall send a written determination of its decision to the party making the appeal and to the appropriate public body, as applicable. The public body shall comply with the determination of the board.[ 2007 c 494 § 109.]NOTES:Sunset Act application: See note following chapter digest.
WA Rev Code § 39.10.320 (2021)
2021 Revised Code of Washington|Title 39 - Public Contracts and Indebtedness|Chapter 39.10 - Alternative Public Works Contracting Procedures.|39.10.320 - Design-build procedure—Project management and contracting requirements.

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 dispute resolution procedures to be attempted prior to the initiation of litigation;(d) Submission of project information, as required by the board;(e) Contract documents that require the contractor, subcontractors, and designers to submit project information required by the board; and(f) Contract documents that require the design builder to submit plans for inclusion of underutilized firms as subcontractors and suppliers including, but not limited to, the office of minority and women's business enterprises certified businesses, veteran certified businesses, and small businesses as allowed by law.(2) A public body utilizing the design-build contracting procedure may provide incentive payments to contractors for early completion, cost savings, or other goals if such payments are identified in the request for proposals.[ 2019 c 212 § 5; 2013 c 222 § 10; 2007 c 494 § 203; 1994 c 132 § 7. Formerly RCW 39.10.070.]NOTES:Sunset Act application: See note following chapter digest.Effective date—2013 c 222: See note following RCW 39.10.210.
WA Rev Code § 39.10.340 (2021)
2021 Revised Code of Washington|Title 39 - Public Contracts and Indebtedness|Chapter 39.10 - Alternative Public Works Contracting Procedures.|39.10.340 - General contractor/construction manager procedure—Uses.

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 occupied facility which must continue to operate during construction;(3) The involvement of the general contractor/construction manager during the design stage is critical to the success of the project;(4) The project encompasses a complex or technical work environment;(5) The project requires specialized work on a building that has historic significance; or(6) The project is, and the public body elects to procure the project as, a heavy civil construction project. However, no provision of this chapter pertaining to a heavy civil construction project applies unless the public body expressly elects to procure the project as a heavy civil construction project.[ 2014 c 42 § 3; 2013 c 222 § 12; 2007 c 494 § 301. Prior: 2003 c 352 § 3; 2003 c 300 § 5; 2002 c 46 § 2; 2001 c 328 § 3. Formerly RCW 39.10.061.]NOTES:Sunset Act application: See note following chapter digest.Effective date—2013 c 222: See note following RCW 39.10.210.Effective date—2002 c 46: See note following RCW 39.10.300.Effective date—2001 c 328: See note following RCW 39.10.210.
WA Rev Code § 39.10.370 (2021)
2021 Revised Code of Washington|Title 39 - Public Contracts and Indebtedness|Chapter 39.10 - Alternative Public Works Contracting Procedures.|39.10.370 - General contractor/construction manager procedure—Maximum allowable construction cost.

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 construction documents and specifications are at least ninety percent complete.(2) Major bid packages may be bid in accordance with RCW 39.10.380 before agreement on the maximum allowable construction cost between the public body and the selected general contractor/construction manager. The general contractor/construction manager may issue an intent to award to the responsible bidder submitting the lowest responsive bid.(3) The public body may, at its option, authorize the general contractor/construction manager to proceed with the bidding and award of bid packages and construction before receipt of complete project plans and specifications. Any contracts awarded under this subsection shall be incorporated in the negotiated maximum allowable construction cost.(4) The total contract cost includes the fixed amount for the detailed specified general conditions work, the negotiated maximum allowable construction cost, the negotiated support services, and the percent fee on the negotiated maximum allowable construction cost. Unless portions or all are converted to lump sum, negotiated support services shall be treated as a contractual allowance, subject to reconciliation at the conclusion of work.(5) If the public body is unable to negotiate a satisfactory maximum allowable construction cost with the firm selected that the public body determines to be fair, reasonable, and within the available funds, negotiations with that firm shall be formally terminated and the public body shall negotiate with the next highest scored firm and continue until an agreement is reached or the process is terminated.(6) If the maximum allowable construction cost varies more than 15 percent from the bid estimated maximum allowable construction cost due to requested and approved changes in the scope by the public body, the percent fee shall be renegotiated.[ 2021 c 230 § 10; 2014 c 42 § 6; 2007 c 494 § 304.]NOTES:Sunset Act application: See note following chapter digest.Effective date—2021 c 230: See note following RCW 39.10.210.
WA Rev Code § 39.10.390 (2021)
2021 Revised Code of Washington|Title 39 - Public Contracts and Indebtedness|Chapter 39.10 - Alternative Public Works Contracting Procedures.|39.10.390 - General contractor/construction manager procedure—Subcontract work.

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 or materials if:(a) The work within the subcontract bid package or equipment or materials is customarily performed or supplied by the general contractor/construction manager;(b) The bid opening is managed by the public body and is in compliance with RCW 39.10.380; and(c) Notification of the general contractor/construction manager's intention to bid is included in the public solicitation of bids for the bid package or for the equipment or materials.(3) In no event may the general contractor/construction manager or its subsidiaries assign warranty responsibility or the terms of its contract or purchase order with vendors for equipment or material purchases to subcontract bid package bidders or subcontractors who have been awarded a contract. The value of subcontract work performed and equipment and materials supplied by the general contractor/construction manager may not exceed 30 percent of the negotiated maximum allowable construction cost, unless procured as a heavy civil construction project under this chapter. Negotiated support services performed by the general contractor/construction manager shall not be considered subcontract work for purposes of this subsection.[ 2021 c 230 § 13; 2014 c 42 § 7; 2013 c 222 § 16; 2007 c 494 § 306.]NOTES:Sunset Act application: See note following chapter digest.Effective date—2021 c 230: See note following RCW 39.10.210.Effective date—2013 c 222: See note following RCW 39.10.210.
WA Rev Code § 39.10.410 (2021)
2021 Revised Code of Washington|Title 39 - Public Contracts and Indebtedness|Chapter 39.10 - Alternative Public Works Contracting Procedures.|39.10.410 - General contractor/construction manager procedure—Subcontract agreements.

RCW 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 delay the subcontractor. Nothing in this subsection (1) prohibits the general contractor/construction manager from requiring subcontractors not to hinder or delay the work of the general contractor/construction manager or other subcontractors and to hold subcontractors responsible for such damages;(2) Delegate, restrict, or assign the general contractor/construction manager's authority to resolve subcontractor conflicts. The general contractor/construction manager may delegate or assign coordination of specific elements of the work, including: (a) The coordination of shop drawings among subcontractors; (b) the coordination among subcontractors in ceiling spaces and mechanical rooms; and (c) the coordination of a subcontractor's lower tier subcontractors. Nothing in this subsection prohibits the general contractor/construction manager from imposing a duty on its subcontractors to cooperate with the general contractor/construction manager and other subcontractors in the coordination of the work;(3) Restrict the subcontractor's right to damages for changes to the construction schedule or work to the extent that the delay or disruption is caused by the general contractor/construction manager or entities acting for it. The general contractor/construction manager may require the subcontractor to provide notice that rescheduling or resequencing will result in delays or additional costs;(4) Require the subcontractor to bear the cost of trade damage repair except to the extent the subcontractor is responsible for the damage. Nothing in this subsection (4) precludes the general contractor/construction manager from requiring the subcontractor to take reasonable steps to protect the subcontractor's work from trade damage; or(5) Require the subcontractor to execute progress payment applications that waive claims for additional time or compensation or bond or retainage rights as a condition of receipt of progress payment, except to the extent the subcontractor has received or will receive payment. Nothing in this section precludes the general contractor/construction manager from requiring the subcontractor to provide notice of claims for additional time or compensation as a condition precedent to right of recovery or to execute a full and final release, including a waiver of bond and retainage rights, as a condition of final payment.[ 2007 c 494 § 308.]NOTES:Sunset Act application: See note following chapter digest.
WA Rev Code § 39.10.420 (2021)
2021 Revised Code of Washington|Title 39 - Public Contracts and Indebtedness|Chapter 39.10 - Alternative Public Works Contracting Procedures.|39.10.420 - Job order procedure—Public bodies may authorize and use.

RCW 39.10.420 Job order procedure—Public bodies may authorize and use.(1) All public bodies of the state of Washington are authorized to award job order contracts and use the job order contracting procedure.(2)(a) The department of enterprise services may issue job order contract work orders for Washington state parks department projects and public hospital districts.(b) The department of enterprise services, the University of Washington, and Washington State University may issue job order contract work orders for the state regional universities and The Evergreen State College.(3) Public bodies may use a job order contract for public works projects when a determination is made that the use of job order contracts will benefit the public by providing an effective means of reducing the total lead-time and cost for the construction of public works projects for repair and renovation required at public facilities through the use of unit price books and work orders by eliminating time-consuming, costly aspects of the traditional public works process, which require separate contracting actions for each small project.[ 2019 c 212 § 7; 2017 c 136 § 1; 2016 c 52 § 1. Prior: 2013 c 222 § 18; 2013 c 186 § 1; 2012 c 102 § 1; 2009 c 75 § 7; 2007 c 494 § 401; 2003 c 301 § 1. Formerly RCW 39.10.130.]NOTES:Sunset Act application: See note following chapter digest.Effective date—2013 c 222: See note following RCW 39.10.210.