(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.]