ESSB 5770 -
By Committee on State Government & Tribal Affairs
ADOPTED 04/09/2007
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 28B.10.350 and 2001 c 38 s 1 are each amended to read
as follows:
(1) When the cost to The Evergreen State College((,)) or any
regional ((university,)) or state university((,)) of any building,
construction, renovation, remodeling, or demolition, other than
maintenance or repairs, will equal or exceed the sum of ((thirty-five))
fifty-five thousand dollars, or thirty-five thousand dollars if the
work involves one trade or craft area, complete plans and
specifications for ((such)) the work shall be prepared ((and such)),
the work shall be put out for public bid((s)), and the contract shall
be awarded to the ((lowest)) responsible bidder ((if in accordance with
the bid specifications: PROVIDED, That when the estimated cost of such
building, construction, renovation, remodeling, or demolition equals or
exceeds the sum of twenty-five thousand dollars, such project shall be
deemed a public works and "the prevailing rate of wage," under chapter
39.12 RCW shall be applicable thereto: PROVIDED FURTHER, That when
such building, construction, renovation, remodeling, or demolition
involves one trade or craft area and the estimated cost exceeds fifteen
thousand dollars, complete plans and specifications for such work shall
be prepared and such work shall be put out for public bids, and the
contract shall be awarded to the lowest responsible bidder if in
accordance with the bid specifications. This subsection shall not
apply when a contract is awarded by the small works roster procedure
authorized in RCW 39.04.155 or under any other procedure authorized for
an institution of higher education)) who submits the lowest responsive
bid.
(2) Any building, construction, renovation, remodeling, or
demolition project that exceeds the dollar amounts in subsection (1) of
this section is subject to the provisions of chapter 39.12 RCW.
(3) The Evergreen State College((,)) or any regional
((university,)) or state university may require a project to be put to
public bid even when it is not required to do so under subsection (1)
of this section. Any project publicly bid under this subsection is
subject to the provisions of chapter 39.12 RCW.
(((3))) (4) Where the estimated cost ((to The Evergreen State
College, any regional university, or state university)) of any
building, construction, renovation, remodeling, or demolition is less
than ((twenty-five)) fifty-five thousand dollars or the contract is
awarded by the small works roster procedure authorized in RCW
39.04.155, the publication requirements of RCW 39.04.020 ((shall be
inapplicable)) do not apply.
(((4))) (5) In the event of any emergency when the public interest
or property of The Evergreen State College((,)) or a regional
((university,)) or state university would suffer material injury or
damage by delay, the president of such college or university may
declare the existence of ((such)) an emergency and, reciting the facts
constituting the same, may waive the requirements of this section with
reference to any contract in order to correct the condition causing the
emergency((: PROVIDED, That an "emergency,")). For the purposes of
this section, "emergency" means a condition likely to result in
immediate physical injury to persons or to property of ((such)) the
college or university in the absence of prompt remedial action or a
condition which immediately impairs the institution's ability to
perform its educational obligations.
(6) This section does not apply when a contract is awarded by the
small works roster procedure authorized in RCW 39.04.155 or under any
other procedure authorized for an institution of higher education.
Sec. 2 RCW 28B.50.330 and 1993 c 379 s 108 are each amended to
read as follows:
(1) The boards of trustees of college districts are empowered in
accordance with the provisions of this chapter to provide for the
construction, reconstruction, erection, equipping, demolition, and
major alterations of buildings and other capital assets, and the
acquisition of sites, rights-of-way, easements, improvements, or
appurtenances for the use of the aforementioned colleges as authorized
by the college board in accordance with RCW 28B.50.140; to be financed
by bonds payable out of special funds from revenues hereafter derived
from income received from such facilities, gifts, bequests, or grants,
and such additional funds as the legislature may provide, and payable
out of a bond retirement fund to be established by the respective
district boards in accordance with rules and regulations of the state
board. With respect to building, improvements, or repairs, or other
work, where the estimated cost exceeds ((twenty-five)) fifty-five
thousand dollars, or thirty-five thousand dollars if the work involves
one trade or craft area, complete plans and specifications for ((such))
the work shall be prepared ((and such)), the work shall be put out for
a public bid((s)), and the contract shall be awarded to the ((lowest))
responsible bidder ((if in accordance with the bid specifications:
PROVIDED, That when such building, construction, renovation, remodel-
ing, or demolition involves one trade or craft area and the estimated
cost exceeds ten thousand dollars, complete plans and specifications
for such work shall be prepared and such work shall be put out for
public bids, and the contract shall be awarded to the lowest
responsible bidder if in accordance with the bid specifications)) who
submits the lowest responsive bid. Any project regardless of dollar
amount may be put to public bid.
(2) This ((subsection shall)) section does not apply when a
contract is awarded by the small works roster procedure authorized in
RCW ((39.04.150: PROVIDED FURTHER, That any project regardless of
dollar amount may be put to public bid)) 39.04.155.
(3) Where the estimated cost to any college of any building,
improvements, or repairs, or other work, is less than ((twenty-five
thousand dollars)) fifty-five thousand dollars, or thirty-five thousand
dollars if the work involves one trade or craft area, the publication
requirements of RCW 39.04.020 ((shall be inapplicable)) do not apply."