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                                  ENGROSSED SUBSTITUTE HOUSE BILL NO. 166

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State of Washington                              49th Legislature                              1985 Regular Session

By House Committee on Higher Education (originally sponsored byRepresentatives Sayan, Sommers, Belcher, Prince and Jacobsen)

Read first time 2/15/85 and passed to Committee on Rules.

AN ACT Relating to public university and college construction bids; amending RCW 28B.10.350; and adding a new section to chapter 28B.10 RCW.

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

        Sec. 1.  Section 1, chapter 258, Laws of 1971 ex. sess. as last amended by section 1, chapter 12, Laws of 1979 ex. sess. and RCW 28B.10.350 are each amended to read as follows:

(1) When the cost to The Evergreen State College, any regional university, or state university of any building, construction, renovation, remodeling, or demolition other than ordinary maintenance or ((equipment)) repairs will equal or exceed the sum of ((seventeen)) twenty-five thousand ((five hundred)) 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:  PROVIDED, That when the estimated cost of such building, construction, renovation, remodeling, or demolition equals or exceeds the sum of ((seventeen)) twenty-five thousand ((five hundred)) 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 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((: PROVIDED FURTHER, That any project regardless of dollar amount may be put to public bid)).  This subsection shall not apply when a contract is awarded by the small works procedure authorized in section 2 of this 1985 act.

(2) The Evergreen State College, 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.

(3) 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 ((seventeen)) twenty-five thousand ((five hundred)) dollars or the contract is awarded by the small works procedure authorized in section 2 of this 1985 act,  the publication requirements of RCW 39.04.020 and 39.04.090 shall be inapplicable.

(4) In the event of any emergency when the public interest or property of The Evergreen State College, 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, means a condition likely to result in immediate physical injury to persons or to property of such 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.

NEW SECTION. Sec. 2.  A new section is added to chapter 28B.10 RCW to read as follows:

          Each board of regents of the state universities and each board of trustees of the regional universities and The Evergreen State College may establish a small works roster.  The small works roster authorized by this section may be used for any public works project for which the estimated cost is less than fifty thousand dollars.  Each board shall adopt rules to implement this section.

          The roster shall be composed of all responsible contractors who have requested to be on the list.  Each board shall establish a procedure for securing telephone or written quotations from the contractors on the small works roster to assure establishment of a competitive price and for awarding contracts to the lowest responsible bidder.  This procedure shall require either that a good faith effort be made to request quotations from all contractors on the small works roster who have indicated the capability of performing the kind of public works being contracted or that the board shall solicit quotations from at least five contractors in a manner that will equitably distribute the opportunity among contractors on the roster.  Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection and available by telephone inquiry.  Each board may adopt a procedure to prequalify contractors for inclusion on the small works roster.  No board may be required to make available for public inspection or copying under chapter 42.17 RCW financial information required to be provided by the prequalification procedure.

          The small works roster shall be revised at least once each year by publishing notice of such opportunity in at least one newspaper of general circulation in the state.  Responsible contractors shall be added to the list at any time they submit a written request.