2023 Revised Code of Washington › Title 28B - Higher Education › Chapter 28B.10 - Colleges and Universities Generally. › 28B.10.350 - Construction work, remodeling, or demolition—Public bid—Exemption—Waiver—Prevailing rate of wage—Universities and The Evergreen State College.

RCW 28B.10.350
Construction work, remodeling, or demolition—Public bid—Exemption—Waiver—Prevailing rate of wage—Universities and The Evergreen State College. (Effective until July 1, 2024.)
(1) When the cost to The Evergreen State College or any regional or state university of any building, construction, renovation, remodeling, or demolition, other than maintenance or repairs, will equal or exceed the sum of $110,000, or $90,000 if the work involves one trade or craft area, complete plans and specifications for the work shall be prepared, the work shall be put out for public bid, and the contract shall be awarded to the responsible bidder 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 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.
(4) Where the estimated cost of any building, construction, renovation, remodeling, or demolition is less than $110,000 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 do not apply.
(5) In the event of any emergency when the public interest or property of The Evergreen State College or a regional or state university would suffer material injury or damage by delay, the president of such college or university may declare the existence of 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. For the purposes of this section, "emergency" means a condition likely to result in immediate physical injury to persons or to property of 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.
[ 2023 c 97 § 1; 2009 c 229 § 2; 2007 c 495 § 1; 2001 c 38 § 1; 2000 c 138 § 202; 1993 c 379 § 109; 1985 c 152 § 1; 1979 ex.s. c 12 § 1; 1977 ex.s. c 169 § 14; 1971 ex.s. c 258 § 1.]
NOTES:
*Reviser's note: RCW 39.04.155 was repealed by 2023 c 395 § 37, effective July 1, 2024.
Purpose—Part headings not law—2000 c 138: See notes following RCW 39.04.155.
Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029.
Severability—1979 ex.s. c 12: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1979 ex.s. c 12 § 3.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016.
Severability—1971 ex.s. c 258: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1971 ex.s. c 258 § 3.]
Subcontractors to be identified by bidder, when: RCW 39.30.060.
(1) When the cost to The Evergreen State College or any regional or state university of any building, construction, renovation, remodeling, or demolition, other than maintenance or repairs, will equal or exceed the sum of $110,000, or $90,000 if the work involves one trade or craft area, complete plans and specifications for the work shall be prepared, the work shall be put out for public bid, and the contract shall be awarded to the responsible bidder 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 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.
(4) Where the estimated cost of any building, construction, renovation, remodeling, or demolition is less than $110,000 or the contract is awarded by the small works roster procedure authorized in RCW 39.04.151 through 39.04.154, the publication requirements of RCW 39.04.020 do not apply.
(5) In the event of any emergency when the public interest or property of The Evergreen State College or a regional or state university would suffer material injury or damage by delay, the president of such college or university may declare the existence of 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. For the purposes of this section, "emergency" means a condition likely to result in immediate physical injury to persons or to property of 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 39.04.151 through 39.04.154 or under any other procedure authorized for an institution of higher education.
[ 2023 c 395 § 18; 2023 c 97 § 1; 2009 c 229 § 2; 2007 c 495 § 1; 2001 c 38 § 1; 2000 c 138 § 202; 1993 c 379 § 109; 1985 c 152 § 1; 1979 ex.s. c 12 § 1; 1977 ex.s. c 169 § 14; 1971 ex.s. c 258 § 1.]
NOTES:
Reviser's note: This section was amended by 2023 c 97 § 1 and by 2023 c 395 § 18, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2023 c 395 §§ 1-30, 32-34, 36, and 37: See note following RCW 39.04.010.
Findings—Intent—2023 c 395: See note following RCW 39.04.010.
Purpose—Part headings not law—2000 c 138: See notes following RCW 39.04.155.
Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029.
Severability—1979 ex.s. c 12: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1979 ex.s. c 12 § 3.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016.
Severability—1971 ex.s. c 258: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1971 ex.s. c 258 § 3.]
Subcontractors to be identified by bidder, when: RCW 39.30.060.