WSR 17-24-089

PERMANENT RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[Filed December 5, 2017, 12:53 p.m., effective January 5, 2018]

Effective Date of Rule: Thirty-one days after filing.

Purpose: WAC 392-344-080 requires school districts to provide the office of superintendent of public instruction (OSPI) proof of insurance for school construction assistance program (SCAP) funded school projects under construction. The purpose of this permanent rule is to require school districts to provide OSPI evidence that they carry commercial all risk property insurance as a condition to receiving SCAP funding.

Citation of Rules Affected by this Order: Amending X [WAC 392-344-080].

Statutory Authority for Adoption: RCW 28A.525.020.

Adopted under notice filed as WSR 17-21-119 on October 18, 2017.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: December 1, 2017.

Chris P. S. Reykdal

Superintendent of

Public Instruction

AMENDATORY SECTION (Amending WSR 10-09-008, filed 4/8/10, effective 5/9/10)

WAC 392-344-080 Construction documents—Bids and contract provisions.

The construction documents shall include the following bid and contract provisions:

(1) Separate or combined bids. The school district shall determine if the bids for general, mechanical, or electrical are to be separate or combined.

(2) Combination projects. For those projects which include a combination of both new construction and modernization, bid documents shall provide for separate and distinct bids for each and shall, when combined, be the low bid for the project.

(3) Ineligible items. Items ineligible for state funding assistance shall be bid separate or as an alternate.

(4) Bid law. All items included in the construction documents shall be bid in accordance with RCW 28A.335.190 and 43.19.1906.

(5) ((Commercial all-risk property)) Builder's risk insurance. Provision for ((commercial all-risk property)) builder's risk insurance is mandatory for all school facilities under construction. The insurance shall cover at a minimum the amount of the work in place and materials to be used in the project which is in place and on the site. A certificate of insurance shall be submitted to the superintendent of public instruction that insurance is provided for by the contractor or the school district. Only costs for builder's risk insurance provided for in the construction documents will be eligible for state funding assistance.