reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.28 - Construction and Maintenance of Highways. › 47.28.060 - Copy of map, plans, etc.—Charge.

RCW 47.28.060
Copy of map, plans, etc.—Charge.
Any person, firm, or corporation is entitled to receive copies of the maps, plans, specifications, and directions for any work upon which call for bids has been published, upon request therefor and subsequent payment to the department of a reasonable sum as required by the department in the call for bids for each copy of such maps, plans, and specifications. Any money so received shall be certified by the department to the state treasurer and deposited to the credit of the motor vehicle fund. The department may deliver with or without charge informational copies of maps, plans, specifications, and directions at such places as it may designate.
[ 1985 c 242 § 1; 1984 c 7 § 168; 1971 c 36 § 1; 1965 ex.s. c 64 § 1; 1961 c 13 § 47.28.060. Prior: 1937 c 53 § 34; RRS § 6400-34.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.28 - Construction and Maintenance of Highways. › 47.28.070 - Form of bid—Data required—Requirements—Refusal to furnish form—Appeal.

RCW 47.28.070
Form of bid—Data required—Requirements—Refusal to furnish form—Appeal.
Bid proposals upon any construction or improvement of any state highway shall be made upon contract proposal form supplied by the department and in no other manner. The department shall, before furnishing any person, firm, or corporation desiring to bid upon any work for which a call for bid proposals has been published with a contract proposal form, require from the person, firm, or corporation, answers to questions contained in a standard form of questionnaire and financial statement, including a complete statement of the financial ability and experience of the person, firm, or corporation in performing state highway, road, or other public work. The questionnaire and financial statement shall be sworn to before a notary public or other person authorized to take acknowledgment of deeds, and shall be submitted once a year and at such other times as the department may require. Whenever the department is not satisfied with the sufficiency of the answers contained in the questionnaire and financial statement or whenever the department determines that the person, firm, or corporation does not meet all of the requirements set forth in this section it may refuse to furnish the person, firm, or corporation with a contract proposal form, and any bid proposal of the person, firm, or corporation must be disregarded. In order to obtain a contract proposal form, a person, firm, or corporation shall have all of the following requirements:
(1) Adequate financial resources or the ability to secure such resources;
(2) The necessary experience, organization, and technical qualifications to perform the proposed contract;
(3) The ability to comply with the required performance schedule taking into consideration all of its existing business commitments;
(4) A satisfactory record of performance, integrity, judgment, and skills; and
(5) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.
The refusal is conclusive unless appeal therefrom to the superior court of Thurston county is taken within five days, which appeal shall be heard summarily within ten days after it is taken and on five days' notice thereof to the department.
[ 1984 c 7 § 169; 1967 ex.s. c 145 § 39; 1961 c 13 § 47.28.070. Prior: 1937 c 53 § 35; RRS § 6400-35.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.28 - Construction and Maintenance of Highways. › 47.28.075 - Financial information not open to public inspection.

RCW 47.28.075
Financial information not open to public inspection.
The department of transportation shall not be required to make available for public inspection and copying financial information supplied by any person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for highway construction or improvement as required by RCW 47.28.070.
[ 1981 c 215 § 1.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.28 - Construction and Maintenance of Highways. › 47.28.080 - Withdrawal of bids—New bids—Time fixed in call controls.

RCW 47.28.080
Withdrawal of bids—New bids—Time fixed in call controls.
Any person, firm, or corporation proposing a bid for the construction or improvement of any state highway in response to a call for bids published therefor may withdraw the bid proposal without forfeiture and without prejudice to the right of the bidder to file a new bid proposal before the time fixed for the opening of the bid proposals. The request for the withdrawal shall be made in writing, signed by the person proposing the bid or his or her duly authorized agent, and filed at the place and before the time fixed in the call for bids for receipt of the bid proposals. No bid proposal may be considered that has not been filed with the department before the time fixed for the receipt of bid proposals. In any provisions regarding the filing or withdrawing of bid proposals the time fixed for the receipt of bid proposals in the call for bid proposals as published shall control without regard for the time when the bid proposals are actually opened.
[ 2010 c 8 § 10009; 1985 c 242 § 2; 1984 c 7 § 170; 1961 c 13 § 47.28.080. Prior: 1937 c 53 § 36; RRS § 6400-36.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.28 - Construction and Maintenance of Highways. › 47.28.090 - Opening of bids and award of contract—Deposit.

RCW 47.28.090
Opening of bids and award of contract—Deposit.
At the time and place named in the call for bids the department of transportation shall publicly open and read the final figure in each of the bid proposals that have been properly filed and read only the unit prices of the three lowest bids, and shall award the contract to the lowest responsible bidder unless the department has, for good cause, continued the date of opening bids to a day certain, or rejected that bid. Any bid may be rejected if the bidder has previously defaulted in the performance of and failed to complete a written public contract, or has been convicted of a crime arising from a previous public contract. If the lowest responsible bidder fails to meet the provisions or specifications requiring compliance with chapter 39.19 RCW and the rules adopted to implement that chapter, the department may award the contract to the next lowest responsible bidder which does meet the provisions or specifications or may reject all bids and readvertise. All bids shall be under sealed cover and accompanied by deposit in cash, certified check, cashier's check, or surety bond in an amount equal to five percent of the amount of the bid, and a bid shall not be considered unless the deposit is enclosed with it.
[ 1985 c 242 § 3; 1983 c 120 § 17; 1971 ex.s. c 21 § 2; 1961 c 13 § 47.28.090. Prior: 1955 c 83 § 1; 1949 c 64 § 1; 1937 c 53 § 37; Rem. Supp. 1949 § 6400-37.]
NOTES:
Effective date—Applicability—Severability—Conflict with federal requirements—1983 c 120: See RCW 39.19.910 and 39.19.920.
Office of minority and women's business enterprises: Chapter 39.19 RCW.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.28 - Construction and Maintenance of Highways. › 47.28.100 - Failure or rejection of bidder.

RCW 47.28.100
Failure or rejection of bidder.
If the successful bidder fails to enter into the contract and furnish satisfactory bond as provided by law within twenty days from the award, exclusive of the day of the award, his or her deposit shall be forfeited to the state and deposited by the state treasurer to the credit of the motor vehicle fund, and the department may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to enter into the contract and furnish bond within twenty days after award to him or her, forfeiture of his or her deposit shall also be made, and the contract may be awarded to the third lowest responsible bidder, and in like manner until the contract and bond are executed by a responsible bidder to whom award is made, or further bid proposals are rejected, or the number of bid proposals are exhausted. If the contract is not executed or no contractor's bond provided within the time required, and there appear circumstances that are deemed to warrant an extension of time, the department may extend the time for execution of the contract or furnishing bond for not to exceed twenty additional days. After awarding the contract the deposits of unsuccessful bidders shall be returned, but the department may retain the deposit of the next lowest responsible bidder or bidders as it desires until such time as the contract is entered into and satisfactory bond is provided by the bidder to whom the award is ultimately made. A low bidder who claims error and fails to enter into a contract is prohibited from bidding on the same project if a second or subsequent call for bids is made for the project.
If in the opinion of the department the acceptance of the bid of the lowest responsible bidder or bidders, or on prior failure of the lowest responsible bidder or bidders the acceptance of the bid of the remaining lowest responsible bidder or bidders, will not be for the best interest of the state, it may reject all bids or all remaining bids and republish a call for bids in the same manner as for an original publication thereof.
[ 1996 c 18 § 8; 1984 c 7 § 171; 1961 c 13 § 47.28.100. Prior: 1953 c 53 § 1; 1937 c 53 § 38; RRS § 6400-38.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.28 - Construction and Maintenance of Highways. › 47.28.110 - Sureties—Qualifications—Additional sureties.

RCW 47.28.110
Sureties—Qualifications—Additional sureties.
At any time and as often as it may be deemed necessary, the department may require any or all sureties or any surety company to appear and qualify themselves upon any contractor's bond. Whenever the surety or sureties upon any contractor's bond become insufficient or are deemed by the department to have become insufficient, the department may demand in writing that the contracting person, firm, or corporation furnish such further contractor's bond or bonds or additional surety in an amount not exceeding that originally required as may be deemed necessary considering the extent of the work remaining to be done upon the contract. No further payments may be made on the contract until such additional surety as is required is furnished.
[ 1984 c 7 § 172; 1961 c 13 § 47.28.110. Prior: 1937 c 53 § 39; RRS § 6400-39.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.28 - Construction and Maintenance of Highways. › 47.28.120 - Actions for labor and materials—Limitation of action.

RCW 47.28.120
Actions for labor and materials—Limitation of action.
Any contracting person, firm, or corporation performing any labor or furnishing any materials upon their contract or otherwise for public work or improvement under the direction of the department or any person claiming any right of action upon any such contract with the state of Washington or who claims a cause of action against the state of Washington arising out of any such contract must bring such suit in the proper court in Thurston county before the expiration of one hundred and eighty days from and after the final acceptance and the approval of the final estimate of such work by the department; otherwise the action is forever barred.
[ 1984 c 7 § 173; 1961 c 13 § 47.28.120. Prior: 1937 c 53 § 40; RRS § 6400-40.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.28 - Construction and Maintenance of Highways. › 47.28.140 - Highway, public transportation improvements, flood damage prevention—Cooperative agreements.

RCW 47.28.140
Highway, public transportation improvements, flood damage prevention—Cooperative agreements.
When in the opinion of the governing authorities representing the department and any public agency, instrumentality, municipal corporation, or political subdivision of the state of Washington, any highway, road, street, or urban public transportation system will be benefited or improved by constructing, reconstructing, locating, relocating, laying out, repairing, surveying, altering, improving, or maintaining, or by the establishment adjacent to, under, upon, within, or above any portion of any such highway, road, street, or urban public transportation system, by either the department or any public agency, instrumentality, municipal corporation, or political subdivision of the state, and it is in the public interest to do so, the authorities may enter into cooperative agreements wherein either agrees to perform the work and furnish the materials necessary and pay the cost thereof, including necessary engineering assistance, which costs and expenses must be reimbursed by the party whose responsibility it was to do or perform the work or improvement in the first instance. The work may be done by either day labor or contract, and the cooperative agreement between the parties must provide for the method of reimbursement. In the case of some special benefit or improvement to a state highway derived from any project that assists in preventing or minimizing flood damages as defined in RCW 86.16.120 or from the construction of any public works project, including any urban public transportation system, the department may contribute to the cost thereof by making direct payment to the particular state department, agency, instrumentality, municipal corporation, or political subdivision on the basis of benefits received, but such payment may be made only after a cooperative agreement has been entered into for a specified amount or on an actual cost basis prior to the commencement of the particular public works project.
[ 2013 c 113 § 7; 1991 c 322 § 29; 1984 c 7 § 174; 1967 c 108 § 6; 1961 c 13 § 47.28.140. Prior: 1955 c 384 § 8.]
NOTES:
Findings—Intent—1991 c 322: See note following RCW 86.12.200.
Urban public transportation system defined: RCW 47.04.082.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.28 - Construction and Maintenance of Highways. › 47.28.150 - Underpasses, overpasses constructed with federal funds—Maintenance cost apportionment.

RCW 47.28.150
Underpasses, overpasses constructed with federal funds—Maintenance cost apportionment.
Notwithstanding any of the provisions of RCW 81.53.090, where the cost of constructing an overpass or underpass which is part of the state highway system has been paid for in whole or in part by the use of federal funds, the state shall at its expense maintain the entire overpass structure and the approaches thereto, and the railroad company shall at its expense maintain the entire underpass structure, including the approaches thereto. The state shall at its expense maintain the roadway, and the railroad company shall at its expense maintain its roadbed and tracks on or under all such structures.
[ 1961 c 13 § 47.28.150. Prior: 1959 c 319 § 34.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.28 - Construction and Maintenance of Highways. › 47.28.220 - Compost products.

RCW 47.28.220
Compost products.
(1) A contract awarded in whole or in part for the purchase of compost products as a soil cover or soil amendment to state highway rights-of-way shall specify that compost products be purchased in accordance with the following schedule:
(a) For the period July 1, 1996, through June 30, 1997, twenty-five percent of the total dollar amount purchased;
(b) For the period July 1, 1998, through June 30, 1999, fifty percent of the total dollar amount purchased. The percentages in this subsection apply to the materials' value and include services or other materials.
(2) In order to carry out the provisions of this section, the department of transportation shall develop and adopt bid specifications for compost products used in state highway construction projects.
(3)(a) For purposes of this section, "compost products" means mulch, soil amendments, ground cover, or other landscaping material derived from the biological or mechanical conversion of biosolids or cellulose-containing waste materials.
(b) For purposes of this section, "biosolids" means municipal sewage sludge or septic tank septage sludge that meets the requirements of chapter 70A.226 RCW.
[ 2021 c 65 § 55; 1996 c 198 § 4; 1992 c 174 § 14; 1991 c 297 § 14.]
NOTES:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
2023 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.]
2023 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.]
2023 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.
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.29 - Transportation Innovative Partnerships. › 47.29.150 - Public involvement and participation.

RCW 47.29.150
Public involvement and participation.
(1) Before final approval, agreements entered into under this chapter must include a process that provides for public involvement and participation with respect to the development of the projects. This plan must be submitted along with the proposed agreement, and both must be approved under RCW 47.29.160 before the state may enter a binding agreement.
(2) All workshops, forums, open houses, meetings, public hearings, or similar public gatherings must be administered and attended by representatives of the state and any other public entities that are party to an agreement authorized by this chapter.
[ 2005 c 317 § 15.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.29 - Transportation Innovative Partnerships. › 47.29.160 - Approval and execution.

RCW 47.29.160
Approval and execution.
(1) Before approving an agreement under subsection (2) of this section, the commission, with the technical assistance of the department, must:
(a) Prepare a financial analysis that fully discloses all project costs, direct and indirect, including costs of any financing;
(b) Publish notice and make available the contents of the agreement, with the exception of patent information, at least twenty days before the public hearing required in (c) of this subsection; and
(c) Hold a public hearing on the proposed agreement, with proper notice provided at least twenty days before the hearing. The public hearing must be held within the boundaries of the county seat of the county containing the project.
(2) The commission must allow at least twenty days from the public hearing on the proposed agreement required under subsection (1)(c) of this section before approving and executing any agreements authorized under this chapter.
[ 2005 c 317 § 16.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.29 - Transportation Innovative Partnerships. › 47.29.180 - Advisory committees.

RCW 47.29.180
Advisory committees.
For projects with costs, including financing costs, of three hundred million dollars or greater, advisory committees are required.
(1) The commission must establish an advisory committee to advise with respect to eligible projects. An advisory committee must consist of not fewer than five and not more than nine members, as determined by the public partners. Members must be appointed by the commission, or for projects with joint public sector participation, in a manner agreed to by the commission and any participating unit of government. In making appointments to the committee, the commission shall consider persons or organizations offering a diversity of viewpoints on the project.
(2) An advisory committee shall review concepts or proposals for eligible projects and submit comments to the public sector partners.
(3) An advisory committee shall meet as necessary at times and places fixed by the department, but not less than twice per year. The state shall provide personnel services to assist the advisory committee within the limits of available funds. An advisory committee may adopt rules to govern its proceedings and may select officers.
(4) An advisory committee must be dissolved once the project has been fully constructed and debt issued to pay for the project has been fully retired.
[ 2005 c 317 § 18.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.29 - Transportation Innovative Partnerships. › 47.29.190 - Confidentiality.

RCW 47.29.190
Confidentiality.
A proposer shall identify those portions of a proposal that the proposer considers to be confidential, proprietary information, or trade secrets and provide any justification as to why these materials, upon request, should not be disclosed by the authority. Patent information will be covered until the patent expires. Other information such as originality of design or records of negotiation may only be protected under this section until an agreement is reached. Disclosure must occur before final agreement and execution of the contract. Projects under federal jurisdiction or using federal funds must conform to federal regulations under the Freedom of Information Act.
[ 2005 c 317 § 19.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.29 - Transportation Innovative Partnerships. › 47.29.200 - Prevailing wages.

RCW 47.29.200
Prevailing wages.
If public funds are used to pay any costs of construction of a public facility that is part of an eligible project, chapter 39.12 RCW applies to the entire eligible public works project.
[ 2005 c 317 § 20.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.29 - Transportation Innovative Partnerships. › 47.29.210 - Government agreements.

RCW 47.29.210
Government agreements.
The state may, either separately or in combination with any other public sector partner, enter into working agreements, coordination agreements, or similar implementation agreements, including the formation of bistate transportation organizations, to carry out the joint implementation of a transportation project selected under this chapter. The state may enter into agreements with other units of government or Canadian provinces for transborder transportation projects.
[ 2005 c 317 § 21.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.29 - Transportation Innovative Partnerships. › 47.29.220 - Eminent domain.

RCW 47.29.220
Eminent domain.
The state may exercise the power of eminent domain to acquire property, rights-of-way, or other rights in property for projects that are necessary to implement an eligible project developed under this chapter, regardless of whether the property will be owned in fee simple by the state.
[ 2005 c 317 § 22.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.29 - Transportation Innovative Partnerships. › 47.29.230 - Transportation innovative partnership account.

RCW 47.29.230
Transportation innovative partnership account.
(1) The transportation innovative partnership account is established in the custody of the state treasurer separate and distinct from the state general fund. Interest earned by the transportation innovative partnership account must be credited to the account. The account is subject to allotment procedures under chapter 43.88 RCW.
(2) The following moneys must be deposited into the transportation innovative partnership account:
(a) Proceeds from bonds or other financing instruments issued under RCW 47.29.250;
(b) Revenues received from any transportation project developed under this chapter or developed under the general powers granted to the department; and
(c) Any other moneys that are by donation, grant, contract, law, or other means transferred, allocated, or appropriated to the account.
(3) Moneys in the transportation innovative partnership account may only be expended upon evidence of approval by the Washington state legislature, either upon appropriation of supporting state funds or by other statutory direction.
(4) The state treasurer shall serve as a fiduciary for the purpose of carrying out this chapter and implementing all or portions of any transportation project financed under this chapter.
(5) Moneys in the transportation innovative partnership account that were derived from revenue subject to Article II, section 40 (Amendment 18) of the Washington state Constitution, may be used only for purposes authorized by that provision of the state Constitution.
(6) The state treasurer shall establish separate subaccounts within the transportation innovative partnership account for each transportation project that is initiated under this chapter or under the general powers granted to the department. Except as provided in subsection (5) of this section, the state may pledge moneys in the transportation innovative partnership account to secure revenue bonds or any other debt obligations relating to the project for which the account is established.
[ 2005 c 317 § 23.]