State Survey of P3 Authorizing Statutes: Washington

Wash. Rev. Code §§ 47.29.010 thru 900

Summary

The law authorizes the state DOT to enter into P3s for transportation projects, whether capital or operating, where the state’s primary purpose for the project is to facilitate safe transportation of people or goods by any mode of travel.

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 must be included in any agreement to which the State is a party.

Excerpt:

“(1) The following provisions must be

Included in any agreement to which the state is a party:

(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;…”

RCW §§53.08.005, 53.08.370, and 53.08.380

Summary

The law allows port authorities to enter into P3 for wholesale telecommunications services and infrastructure.

No surety bond language.

RCW §§ 35.110.010

Summary

The law permits any city having a boundary located on Puget Sound or Lake Washington to establish, finance, and provide passenger-only ferry service and to enter into contracts to operate such service, as well as appropriate public-private partnerships including, but not limited to, design-build, general contractor/construction management, or other alternative procurement processes substantially consistent with applicable law.

No surety bond language.