(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. Negotiated support services may be included
in the specified general conditions at the discretion of the
public body.
(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 fifteen 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.
[2007 c 494 § 304.]
NOTES:
Sunset Act application: See note following chapter digest.