WSR 17-21-119
[Filed October 18, 2017, 11:19 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-17-161.
Title of Rule and Other Identifying Information: WAC 392-344-080 Construction documentsBids and contract provisions.
Hearing Location(s): On November 21, 2017, at 10:00 a.m., at the Office of Superintendent of Public Instruction (OSPI), 600 South Washington Street, Wanamaker Meeting Room, Olympia, WA 98501.
Date of Intended Adoption: November 27, 2017.
Submit Written Comments to: Scott Black, OSPI, email, fax 360-586-3946, by November 21, 2017.
Assistance for Persons with Disabilities: Contact Kristin Murphy, phone 360-725-6133, fax 360-753-4201, TTY 360-664-3631, email, by November 14, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 392-344-080 requires school districts to provide OSPI proof of insurance for school construction assistance program (SCAP)-funded school projects under construction. Currently, the rule requires school districts to demonstrate to OSPI that they carry commercial all risk property insurance as a condition to receiving SCAP funding. This proposed rule would require evidence of builder's risk insurance, which provides coverage while a school is under construction.
Reasons Supporting Proposal: The proposed rule would more accurately reflect the insurance coverage required by OSPI.
Statutory Authority for Adoption: RCW 28A.525.020.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: OSPI, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Scott Black, P.O. Box 47200, Olympia, WA 98504-7200, 360-725-6268; and Enforcement: Randy Newman, P.O. Box 47200, Olympia, WA 98504-7200, 360-725-6265.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.030.
Explanation of exemptions: No small business impact statement has been prepared under chapter 19.85 RCW. The proposed amendment does not have an impact on small business and therefore does not meet the requirements for a statement under RCW 19.85.030 (1) or (2).
October 18, 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.