READ FIRST TIME 02/22/07.   

     AN ACT Relating to work performed by institutions of higher education; and amending RCW 28B.10.350 and 28B.50.330.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

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.