reglab/housing_qa huggingface dataset:
WA Rev Code § 47.28.241 (2021)
2021 Revised Code of Washington|Title 47 - Public Highways and Transportation|Chapter 47.28 - Construction and Maintenance of Highways.|47.28.241 - Alternative delivery of construction services—Definitions.

RCW 47.28.241 Alternative delivery of construction services—Definitions.The definitions in this section apply throughout RCW 47.28.251 and * 41.06.380 unless the context clearly requires otherwise.(1) "Construction services" means those services that aid in the delivery of the highway construction program and include, but are not limited to, real estate services and construction engineering services.(2) "Construction engineering services" include, but are not limited to, construction management, construction administration, materials testing, materials documentation, contractor payments and general administration, construction oversight, and inspection and surveying.[ 2003 c 363 § 102.]NOTES:*Reviser's note: RCW 41.06.380 was repealed by 2002 c 354 § 403, effective July 1, 2005.Part headings not law—2003 c 363: "Part headings used in this act are not part of the law." [ 2003 c 363 § 308.]Severability—2003 c 363: "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 of the provision to other persons or circumstances is not affected." [ 2003 c 363 § 309.]
WA Rev Code § 47.28.260 (2021)
2021 Revised Code of Washington|Title 47 - Public Highways and Transportation|Chapter 47.28 - Construction and Maintenance of Highways.|47.28.260 - Reciprocal agreement—Waiver of indirect costs.

RCW 47.28.260 Reciprocal agreement—Waiver of indirect costs.When the department plans to administer a contract to engineer or construct a project; or oversee or perform work for another public agency, instrumentality, municipal corporation, or political subdivision; and the public agency, instrumentality, municipal corporation, or political subdivision plans to administer a contract to engineer or construct a project; or oversee or perform work, for the department, the department may waive application of its indirect costs by entering into a reciprocal agreement with the public agency, instrumentality, municipal corporation, or political subdivision in which each party agrees to waive indirect costs related to a project or work that will be performed by the party for the other party's benefit. The reciprocal agreement must specify the project or work to be performed by each party and may be for a maximum term of ten years, unless amended by the parties. Each party's obligation for reimbursement of indirect costs under RCW 47.28.140, 39.34.130, and 43.09.210 is deemed to be satisfied by the execution of a reciprocal agreement.[ 2013 c 113 § 8.]
WA Rev Code § 47.29.010 (2021)
2021 Revised Code of Washington|Title 47 - Public Highways and Transportation|Chapter 47.29 - Transportation Innovative Partnerships.|47.29.010 - Finding—Intent.

RCW 47.29.010 Finding—Intent.(1) The legislature finds that the public-private transportation initiatives act created under chapter 47.46 RCW has not met the needs and expectations of the public or private sectors for the development of transportation projects. The legislature intends to phase out chapter 47.46 RCW coincident with the completion of the Tacoma Narrows Bridge - SR 16 public-private partnership. From July 24, 2005, this chapter will provide a more desirable and effective approach to developing transportation projects in partnership with the private sector by applying lessons learned from other states and from this state's ten-year experience with chapter 47.46 RCW.(2) It is the legislature's intent to achieve the following goals through the creation of this new approach to public-private partnerships:(a) To provide a well-defined mechanism to facilitate the collaboration between public and private entities in transportation;(b) To bring innovative thinking from the private sector and other states to bear on public projects within the state;(c) To provide greater flexibility in achieving the transportation projects; and(d) To allow for creative cost and risk sharing between the public and private partners.(3) The legislature intends that the powers granted in this chapter to the commission or department are in addition to any powers granted under chapter 47.56 RCW.(4) It is further the intent of the legislature that an expert review panel be established for each project developed under chapter 334, Laws of 2006. Expert review panels shall be responsible for reviewing selected proposals, analyzing and reviewing tentative agreements, and making recommendations to the governor and the transportation commission on the advisability of executing agreements under chapter 334, Laws of 2006.[ 2006 c 334 § 48; 2005 c 317 § 1.]NOTES:Effective date—2006 c 334: See note following RCW 47.01.051.
WA Rev Code § 47.29.020 (2021)
2021 Revised Code of Washington|Title 47 - Public Highways and Transportation|Chapter 47.29 - Transportation Innovative Partnerships.|47.29.020 - Definitions.

RCW 47.29.020 Definitions.The definitions in this section apply throughout this chapter.(1) "Authority" means the transportation commission.(2) "Commission" means the transportation commission.(3) "Department" means the department of transportation.(4) "Eligible project" means any project eligible for development under RCW 47.29.050.(5) "Eligible public works project" means only a project that meets the criteria of either RCW 47.29.060 (3) or (4).(6) "Private sector partner" and "private partner" means a person, entity, or organization that is not the federal government, a state, or a political subdivision of a state.(7) "Public funds" means all moneys derived from taxes, fees, charges, tolls, etc.(8) "Public sector partner" and "public partner" means any federal or state unit of government, bistate transportation organization, or any other political subdivision of any state.(9) "Transportation innovative partnership program" or "program" means the program as outlined in RCW 47.29.040.(10) "Transportation project" means a project, whether capital or operating, where the state's primary purpose for the project is to preserve or facilitate the safe transport of people or goods via any mode of travel. However, this does not include projects that are primarily for recreational purposes, such as parks, hiking trails, off-road vehicle trails, etc.(11) "Unit of government" means any department or agency of the federal government, any state or agency, office, or department of a state, any city, county, district, commission, authority, entity, port, or other public corporation organized and existing under statutory law or under a voter-approved charter or initiative, and any intergovernmental entity created under chapter 39.34 RCW or this chapter.[ 2005 c 317 § 2.]
WA Rev Code § 47.29.030 (2021)
2021 Revised Code of Washington|Title 47 - Public Highways and Transportation|Chapter 47.29 - Transportation Innovative Partnerships.|47.29.030 - Transportation commission powers and duties.

RCW 47.29.030 Transportation commission powers and duties.In addition to the powers it now possesses, the commission shall:(1) Approve or review contracts or agreements authorized in this chapter;(2) Adopt rules to carry out this chapter and govern the program, which at a minimum must address the following issues:(a) The types of projects allowed; however, all allowed projects must be included in the Washington transportation plan or identified by the authority as being a priority need for the state;(b) The types of contracts allowed, with consideration given to the best practices available;(c) The composition of the team responsible for the evaluation of proposals to include:(i) Washington state department of transportation staff;(ii) An independent representative of a consulting or contracting field with no interests in the project that is prohibited from becoming a project manager for the project and bidding on any part of the project;(iii) An observer from the state auditor's office or the joint legislative audit and review committee;(iv) A person appointed by the commission, if the secretary of transportation is a cabinet member, or appointed by the governor if the secretary of transportation is not a cabinet member; and(v) A financial expert;(d) Minimum standards and criteria required of all proposals;(e) Procedures for the proper solicitation, acceptance, review, and evaluation of projects;(f) Criteria to be considered in the evaluation and selection of proposals that includes:(i) Comparison with the department's internal ability to complete the project that documents the advantages of completing the project as a partnership versus solely as a public venture; and(ii) Factors such as, but not limited to: Priority, cost, risk sharing, scheduling, and management conditions;(g) The protection of confidential proprietary information while still meeting the need for public disclosure that is consistent with RCW 47.29.190;(h) Protection for local contractors to participate in subcontracting opportunities;(i) Specifying that maintenance issues must be resolved in a manner consistent with the personnel system reform act, chapter 41.80 RCW;(j) Specifying that provisions regarding patrolling and law enforcement on a public facility are subject to approval by the Washington state patrol;(3) Adopt guidelines to address security and performance issues.Preliminary rules and guidelines developed under this section must be submitted to the chairs and ranking members of both transportation committees by November 30, 2005, for review and comment. All final rules and guidelines must be submitted to the full legislature during the 2006 session for review.[ 2005 c 317 § 3.]
WA Rev Code § 47.29.040 (2021)
2021 Revised Code of Washington|Title 47 - Public Highways and Transportation|Chapter 47.29 - Transportation Innovative Partnerships.|47.29.040 - Purpose.

RCW 47.29.040 Purpose.The Transportation Innovative Partnerships Act is created for the planning, acquisition, design, financing, management, development, construction, reconstruction, replacement, improvement, maintenance, preservation, repair, and operation of transportation projects. The goals of this chapter are to:(1) Reduce the cost of transportation project delivery;(2) Recover transportation investment costs;(3) Develop an expedited project delivery process;(4) Encourage business investment in public infrastructure;(5) Use any fund source outside the state treasury, where financially advantageous and in the public interest;(6) Maximize innovation;(7) Develop partnerships between and among private entities and the public sector for the advancement of public purposes on mutually beneficial terms;(8) Create synergies between and among public sector entities to develop projects that serve both transportation and other important public purposes; and(9) Access specialized construction management and project management services and techniques available in the private sector.[ 2005 c 317 § 4.]
WA Rev Code § 47.29.050 (2021)
2021 Revised Code of Washington|Title 47 - Public Highways and Transportation|Chapter 47.29 - Transportation Innovative Partnerships.|47.29.050 - Eligible projects.

RCW 47.29.050 Eligible projects.Projects eligible for development under this chapter include:(1) Transportation projects, whether capital or operating, where the state's primary purpose for the project is to facilitate the safe transport of people or goods via any mode of travel. However, this does not include projects that are primarily for recreational purposes, such as parks, hiking trails, off-road vehicle trails, etc.; and(2) Facilities, structures, operations, properties, vehicles, vessels, or the like that are developed concurrently with an eligible transportation project and that are capable of (a) providing revenues to support financing of an eligible transportation project, or (b) that are public projects that advance public purposes unrelated to transportation.[ 2005 c 317 § 5.]
WA Rev Code § 47.29.060 (2021)
2021 Revised Code of Washington|Title 47 - Public Highways and Transportation|Chapter 47.29 - Transportation Innovative Partnerships.|47.29.060 - Eligible financing.

RCW 47.29.060 Eligible financing.(1) Subject to the limitations in this section, the department may, in connection with the evaluation of eligible projects, consider any financing mechanisms identified under subsections (3) through (5) of this section or any other lawful source, either integrated as part of a project proposal or as a separate, stand-alone proposal to finance a project. Financing may be considered for all or part of a proposed project. A project may be financed in whole or in part with:(a) The proceeds of grant anticipation revenue bonds authorized by 23 U.S.C. Sec. 122 and applicable state law. Legislative authorization and appropriation is required in order to use this source of financing;(b) Grants, loans, loan guarantees, lines of credit, revolving lines of credit, or other financing arrangements available under the Transportation Infrastructure Finance and Innovation Act under 23 U.S.C. Sec. 181 et seq., or any other applicable federal law;(c) Infrastructure loans or assistance from the state infrastructure bank established by RCW 82.44.195;(d) Federal, state, or local revenues, subject to appropriation by the applicable legislative authority;(e) User fees, tolls, fares, lease proceeds, rents, gross or net receipts from sales, proceeds from the sale of development rights, franchise fees, or any other lawful form of consideration. However, projects financed by tolls or equivalent funding sources must first be authorized by the legislature under RCW 47.56.820.(2) As security for the payment of financing described in this section, the revenues from the project may be pledged, but no such pledge of revenues constitutes in any manner or to any extent a general obligation of the state. Any financing described in this section may be structured on a senior, parity, or subordinate basis to any other financing.(3) For any transportation project developed under this chapter that is owned, leased, used, or operated by the state, as a public facility, if indebtedness is issued, it must be issued by the state treasurer for the transportation project.(4) For other public projects defined in RCW 47.29.050(2) that are developed in conjunction with a transportation project, financing necessary to develop, construct, or operate the public project must be approved by the state finance committee or by the governing board of a public benefit corporation as provided in the federal Internal Revenue Code section 63-20;(5) For projects that are developed in conjunction with a transportation project but are not themselves a public facility or public project, any lawful means of financing may be used.[ 2008 c 122 § 18; 2005 c 317 § 6.]
WA Rev Code § 47.29.070 (2021)
2021 Revised Code of Washington|Title 47 - Public Highways and Transportation|Chapter 47.29 - Transportation Innovative Partnerships.|47.29.070 - Use of federal funds and similar revenues.

RCW 47.29.070 Use of federal funds and similar revenues.The department may accept from the United States or any of its agencies such funds as are available to this state or to any other unit of government for carrying out the purposes of this chapter, whether the funds are made available by grant, loan, or other financing arrangement. The department may enter into such agreements and other arrangements with the United States or any of its agencies as may be necessary, proper, and convenient for carrying out the purposes of this chapter, subject to RCW 47.29.080.[ 2005 c 317 § 7.]
WA Rev Code § 47.29.080 (2021)
2021 Revised Code of Washington|Title 47 - Public Highways and Transportation|Chapter 47.29 - Transportation Innovative Partnerships.|47.29.080 - Other sources of funds or property.

RCW 47.29.080 Other sources of funds or property.The department may accept from any source any grant, donation, gift, or other form of conveyance of land, money, other real or personal property, or other valuable thing made to the state of Washington, the department, or a local government for carrying out the purposes of this chapter.Any eligible project may be financed in whole or in part by contribution of any funds or property made by any private entity or public sector partner that is a party to any agreement entered into under this chapter.[ 2005 c 317 § 8.]
WA Rev Code § 47.29.090 (2021)
2021 Revised Code of Washington|Title 47 - Public Highways and Transportation|Chapter 47.29 - Transportation Innovative Partnerships.|47.29.090 - Project review, evaluation, and selection.

RCW 47.29.090 Project review, evaluation, and selection.(1) Subject to subsection (2) of this section, the commission may:(a) Solicit concepts or proposals for eligible projects from private entities and units of government;(b) On or after January 1, 2007, accept unsolicited concepts or proposals for eligible projects from private entities and units of government, subject to RCW 47.29.170;(c) Direct the department to evaluate projects for inclusion in the transportation innovative partnerships program that are already programmed or identified for traditional development by the state;(d) Direct the department to evaluate the concepts or proposals received under this section; and(e) Select potential projects based on the concepts or proposals. The evaluation under this subsection must include consultation with any appropriate unit of government.(2) Before undertaking any of the activities contained in subsection (1) of this section, the commission must have:(a) Completed the tolling feasibility study; and(b) Adopted rules specifying procedures for the proper solicitation, acceptance, review, and evaluation of projects, which procedures must include:(i) A comparison with the department's internal ability to complete the project that documents the advantages of completing the project as a partnership versus solely as a public venture; and(ii) Factors such as priority, cost, risk sharing, scheduling, and management conditions.[ 2005 c 317 § 9.]
WA Rev Code § 47.29.100 (2021)
2021 Revised Code of Washington|Title 47 - Public Highways and Transportation|Chapter 47.29 - Transportation Innovative Partnerships.|47.29.100 - Administrative fee.

RCW 47.29.100 Administrative fee.The department may charge a reasonable administrative fee for the evaluation of an unsolicited project proposal. The amount of the fee will be established in rules of the commission.[ 2005 c 317 § 10.]
WA Rev Code § 47.29.110 (2021)
2021 Revised Code of Washington|Title 47 - Public Highways and Transportation|Chapter 47.29 - Transportation Innovative Partnerships.|47.29.110 - Funds for proposal evaluation and negotiation.

RCW 47.29.110 Funds for proposal evaluation and negotiation.The department may spend, out of any funds identified for the purpose, such moneys as may be necessary for the evaluation of concepts or proposals for eligible projects and for negotiating agreements for eligible projects authorized by this chapter. The department may employ engineers, consultants, or other experts the department determines are needed for the purposes of doing the evaluation and negotiation. Expenses incurred by the department under this section before the issuance of transportation project bonds or other financing must be paid by the department and charged to the appropriate project. The department shall keep records and accounts showing each amount so charged.Unless otherwise provided in the omnibus transportation budget the funds spent by the department under this section in connection with the project must be repaid from the proceeds of the bonds or other financing upon the sale of transportation project bonds or upon obtaining other financing for an eligible project, as allowed by law or contract.[ 2005 c 317 § 11.]
WA Rev Code § 47.29.120 (2021)
2021 Revised Code of Washington|Title 47 - Public Highways and Transportation|Chapter 47.29 - Transportation Innovative Partnerships.|47.29.120 - Expert consultation.

RCW 47.29.120 Expert consultation.The commission and department may consult with legal, financial, and other experts inside and outside the public sector in the evaluation, negotiation, and development of projects under this chapter, consistent with RCW 43.10.040 where applicable.[ 2005 c 317 § 12.]
WA Rev Code § 47.29.130 (2021)
2021 Revised Code of Washington|Title 47 - Public Highways and Transportation|Chapter 47.29 - Transportation Innovative Partnerships.|47.29.130 - Contracted studies.

RCW 47.29.130 Contracted studies.Notwithstanding any other provision of law, and in the absence of any direct federal funding or direction, the department may contract with a private developer of a selected project proposal to conduct environmental impact studies and engineering and technical studies.[ 2005 c 317 § 13.]
WA Rev Code § 47.29.140 (2021)
2021 Revised Code of Washington|Title 47 - Public Highways and Transportation|Chapter 47.29 - Transportation Innovative Partnerships.|47.29.140 - Partnership agreements.

RCW 47.29.140 Partnership agreements.(1) The following provisions must be included in any agreement to which the state is a party:(a) For any project that proposes terms for stand-alone maintenance or asset management services for a public facility, those services must be provided in a manner consistent with any collective bargaining agreements, the personnel system reform act (chapter 41.80 RCW), and civil service laws that are in effect for the public facility;(b) Transportation projects that are selected for development under this chapter must be identified in the Washington transportation plan or be identified by the authority as being a priority need for the state;(c) If there is a tolling component to the project, then it must be specified that tolling technology used in the project must be consistent with tolling technology standards adopted by the department for transportation-related projects;(d) Provisions for bonding, financial guarantees, deposits, or the posting of other security to secure the payment of laborers, subcontractors, and suppliers who perform work or provide materials as part of the project;(e) All projects must be financed in a manner consistent with RCW 47.29.060. This chapter is null and void if this subsection or RCW 47.29.060 fails to become law or is held invalid by a court of final jurisdiction.(2) Agreements between the state and private sector partners entered into under this section must specifically include the following contractual elements:(a) The point in the project at which public and private sector partners will enter the project and which partners will assume responsibility for specific project elements;(b) How the partners will share management of the risks of the project;(c) How the partners will share the costs of development of the project;(d) How the partners will allocate financial responsibility for cost overruns;(e) The penalties for nonperformance;(f) The incentives for performance;(g) The accounting and auditing standards to be used to evaluate work on the project;(h) For any project that reverts to public ownership, the responsibility for reconstruction or renovations that are required in order for a facility to meet all applicable government standards upon reversion of the facility to the state; and(i) Provisions for patrolling and law enforcement on transportation projects that are public facilities.[ 2005 c 317 § 14.]