Section 36.30.309 - Preconstruction services; construction manager general contractor contract(a) The department may award by competitive sealed proposals a construction manager general contractor contract in which the department awards a two-phase contract for a construction manager to be responsible for providing preconstruction services during the design phase of the project and, if an agreed-on price for constructing the project is reached, general contractor services during the construction phase. The department may award the contractor providing preconstruction services under the contract with the second phase of the contract to provide construction services in accordance with this section and regulations adopted by the commissioner of transportation and public facilities without any further competitive sealed bidding or competitive sealed proposal process.(b) A contractor awarded a construction manager general contractor contract under this section is responsible for providing preconstruction services for the applicable project. Once awarded a construction manager general contractor contract, the contractor may negotiate with the department to provide construction services for the applicable project. If the contractor and the department reach an agreed-on price for the construction services under the second phase of the contract, the department shall award the contractor phase two of the contract to provide construction services.(c) If the contractor providing preconstruction services and the department do not agree on a price for providing construction services, the department may seek an alternative contractor using a process authorized under this chapter. The department may prohibit the contractor providing preconstruction services from participating in the subsequent process.(d) In this section, "department" means the Department of Transportation and Public Facilities.Added by SLA 2021, ch. 22,sec. 3, eff. 10/12/2021.