Title 39 — Title 39 PUBLIC CONTRACTS AND INDEBTEDNESS

(1) The rights provided in chapter 223, Laws of 1992 may not be waived by the parties and a contract provision that provides for waiver of the rights provided in chapter 223, Laws of 1992 is void as against public policy.(2) Chapter 223, Laws of 1992 is to be liberally construed …

RCW 39.76.011, 60.28.011, 60.28.021, 60.28.051, 39.04.250, and 39.04.900 are applicable to all public works contracts entered into on or after September 1, 1992, relating to the construction of any work of improvement.[ 2009 c 219 s 1; 1992 c 223 s 7.]Notes:Effective date—1992 c …

No agency of the state or any of its political subdivisions may execute a contract:(1) With any contractor who is not registered or licensed as may be required by the laws of this state other than contractors on highway projects who have been prequalified as required by RCW 47.28…

A public works contractor must verify responsibility criteria for each first tier subcontractor, and a subcontractor of any tier that hires other subcontractors must verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor,…

(1)(a) Whenever any board, council, commission, trustees, or body acting for the state or any county or municipality or any public body must contract with any person or corporation to do any work for the state, county, or municipality, or other public body, city, town, or distric…

If any board of county commissioners of any county, or mayor and common council of any incorporated city or town, or tribunal transacting the business of any municipal corporation shall fail to take such bond as herein required, such county, incorporated city or town, or other mu…

(1)(a) The bond mentioned in RCW 39.08.010 must be in an amount equal to the full contract price agreed to be paid for such work or improvement, except under subsection (2) of this section, and must be to the state of Washington, except as otherwise provided in RCW 39.08.100, and…

Every person, firm, or corporation furnishing materials, supplies, or provisions to be used in the construction, performance, carrying on, prosecution, or doing of any work for the state, or any county, city, town, district, municipality, or other public body, shall, not later th…

On contracts for construction, maintenance, or repair of a marine vessel, the department of transportation, a public transportation benefit area, a passenger-only ferry service district, or any county may permit, subject to specified format and conditions, the substitution of one…

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 b…

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Alternative public works contracting procedure" means the design-build, general contractor/construction manager, and job order contracting procedures authorized in RC…

(1) The board is created in the department of enterprise services to provide an evaluation of public capital projects construction processes, including the impact of contracting methods on project outcomes, and to advise the legislature on policies related to public works deliver…

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 small, minority, women, or veteran-owned businesses in…

(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…

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 proc…

(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 newspap…

(1) A public body may apply for certification to use the design-build or general contractor/construction manager contracting procedure, or both. Once certified, a public body may use the contracting procedure for which it is certified on individual projects without seeking commit…

(1) A public body not certified under RCW 39.10.270 must apply for approval from the committee to use the design-build or general contractor/construction manager contracting procedure on a project. A public body seeking approval must submit to the committee an application in a fo…

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 fort…

(1) Subject to the requirements in RCW 39.10.250, 39.10.270, or 39.10.280, public bodies may utilize the design-build procedure, including progressive design-build, for public works projects in which the total project cost is over $2,000,000 and where:(a) The construction activit…

(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 …

(1) Contracts for design-build services shall be awarded through a competitive process using public solicitation of proposals for design-build services. At a minimum, the public body shall publish at least once in a legal newspaper of general circulation published in, or as near …

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 co…

(1) A public body using the general contractor/construction manager contracting procedure shall provide for:(a) The preparation of appropriate, complete, and coordinated design documents;(b) Confirmation that a constructability analysis of the design documents has been performed …

(1) Public bodies should select general contractor/construction managers at a time in the project when the general contractor/construction manager's participation provides value.(2) Contracts for the services of a general contractor/ construction manager under this section shall …

(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…

(1) All subcontract work and equipment and material purchases shall be competitively bid with public bid openings and require the public solicitation of the bid documents. At a minimum, the general contractor/construction manager shall publish at least once in a legal newspaper o…

The selection process in this section may be used by public bodies certified under RCW 39.10.270. It may also be used by noncertified public bodies if this selection process has been approved for the project by the project review committee. As an alternative to the subcontractor …

(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 subcon…

(1) If determination of subcontractor eligibility prior to seeking bids is in the best interest of the project and critical to the successful completion of a subcontract bid package, the general contractor/construction manager and the public body may determine subcontractor eligi…

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 contrac…

(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…

(1) Job order contracts shall be awarded through a competitive process using public requests for proposals.(2) The public body shall prioritize efforts to solicit proposals from certified minority or certified woman-owned contractors to the extent permitted by the Washington stat…

(1) The maximum total dollar amount that may be awarded under a job order contract is $4,000,000 per year for a maximum of three years. Any unused capacity from the previous year may be carried over for one year and added to the immediate following year's limit. The maximum annua…

(1) The maximum dollar amount for a work order is five hundred thousand dollars, excluding Washington state sales and use tax.(2) All work orders issued for the same project shall be treated as a single work order for purposes of the dollar limit on work orders.(3) No more than t…

Each public body shall maintain and make available the following information for each job order contract:(1) A list of work orders issued;(2) The cost of each work order;(3) A list of subcontractors hired under each work order, including whether those subcontractors were certifie…

(1) Except as provided in subsections (2) and (3) of this section, all proceedings, records, contracts, and other public records relating to alternative public works transactions under this chapter shall be open to the inspection of any interested person, firm, or corporation in …

This chapter shall not be construed to affect or modify the existing statutory, regulatory, or charter powers of public bodies except to the extent that a procedure authorized by this chapter is adopted by a public body for a particular public works project. In that event, the no…

The alternative public works contracting procedures authorized under this chapter are limited to public works contracts signed before July 1, 2031. Methods of public works contracting authorized under this chapter shall remain in full force and effect until completion of contract…

Captions as used in this act do not constitute any part of law.[ 1994 c 132 s 13.]Notes:Sunset Act application: See note following chapter digest.

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.[ 1994 c 132 s 14.]Notes:Sunset Act application: See note following chapte…

Part headings and captions used in chapter 494, Laws of 2007 are not any part of the law.[ 2007 c 494 s 510.]Notes:Sunset Act application: See note following chapter digest.

This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007, except for section 104 of this act, which takes effect immediately [May 15, 2007], …

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.[ 2007 c 494 s 513.]Notes:Sunset Act application: See note following chapt…

In addition to the general contractor/construction manager requirements established in this chapter, public bodies utilizing the general contractor/construction manager method for a heavy civil construction project must also comply with the following requirements:(1) The heavy ci…

(1) The "prevailing rate of wage" is the rate of hourly wage, usual benefits, and overtime paid in the locality, as hereinafter defined, to the majority of workers, laborers, or mechanics, in the same trade or occupation. In the event that there is not a majority in the same trad…

(1) All determinations of the prevailing rate of wage shall be made by the industrial statistician of the department of labor and industries.(2) The time period for recovery of any wages owed to a worker affected by the determination is tolled until the prevailing wage determinat…

(1) For residential construction, the industrial statistician shall establish the prevailing rate of wage by conducting wage and hour surveys. If the industrial statistician determines that information received from a survey is insufficient to determine the prevailing rate of wag…

The hourly wages to be paid to laborers, workers, or mechanics, upon all public works and under all public building service maintenance contracts of the state or any county, municipality or political subdivision created by its laws, shall be not less than the prevailing rate of w…

Apprentice workers employed upon public works projects for whom an apprenticeship agreement has been registered and approved with the state apprenticeship council pursuant to chapter 49.04 RCW, must be paid at least the prevailing hourly rate for an apprentice of that trade. Any …