S-203                 _______________________________________________

                                                   SENATE BILL NO. 3264

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Vognild, Warnke, Metcalf, Halsan, Moore, Bender, Benitz, Wojahn and Williams

Read first time 1/23/85 and referred to Committee on Commerce and Labor.

AN ACT Relating to public works; and amending RCW 39.04.010.

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

        Sec. 1.  Section 1, chapter 183, Laws of 1923 as last amended by section 1, chapter 98, Laws of 1982 and RCW 39.04.010 are each amended to read as follows:

          The term "state" shall include the state of Washington and all departments, supervisors, commissioners and agencies thereof.

          The term "municipality" shall include every city, county, town, district or other public agency thereof which is authorized by law to require the execution of public work((, except drainage districts, diking districts, diking and drainage improvement districts, drainage improvement districts, diking improvement districts, consolidated diking and drainage improvement districts, consolidated drainage improvement districts, consolidated diking improvement districts, irrigation districts or any such other districts as shall from time to time be authorized by law for the reclamation or development of waste or undeveloped lands)).

          The term "public work" shall include all work, construction, alteration, repair, or improvement other than ordinary maintenance, executed at the cost of the state or of any municipality, or which is by law a lien or charge on any property therein, but nothing herein shall apply to the construction, alteration, repair, or improvement of any municipal street railway system.  All public works, including maintenance when performed by contract shall comply with the provisions of RCW 39.12.020.

          The term "contract" shall mean a contract in writing for the execution of public work for a fixed or determinable amount duly awarded after advertisement and competitive bid.  However, a contract which is awarded from a small works roster under the authority of RCW 39.04.150 need not be advertised.

          Cost of superintendence, engineering, clerical and accounting service shall include all expenditures specially incurred for such service, and shall include a proportionate charge for the time of all salaried officers, engineers, clerks, accountants and employees of the state or municipality while engaged in such work or in keeping or preparing the estimates, accounts and records thereof.