1836 AMH COND ELGE 065

HB 1836 - H AMD TO H AMD (1836 AMH ORMS ELGE 053) 338

By Representative Condotta

NOT ADOPTED 3/12/2009

On page 1, beginning on line 4, after "Sec. 1." strike all material through "act." on page 3, line 29 and insert "A new section is added to chapter 39.04 RCW to read as follows:

(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

(a) "Off-site nonstandard item" means any item that is prefabricated off-site and which is nonstandard and project-specific under the terms of the respective contract and which is: (i) Made primarily of architectural or structural precast concrete, fabricated steel, pipe and pipe systems, or sheet metal and sheet metal duct work; (ii) produced specifically for the public work and not considered to be a regularly available shelf item; (iii) produced or manufactured by labor expended to assemble or modify a standard item; and (iv) produced at an off-site location. "Off-site nonstandard item" does not include the materials supplied to manufacturers, fabricators, or employers that will be used to complete, construct, or assemble the final product, products, or items prior to their delivery to the public works site.

(b) "Off-site fabricator" means a company or entity that manufactures or fabricates an off-site nonstandard item.

(2)(a) Except as provided in (b) of this subsection, every contract to perform public work as defined in RCW 39.04.010 which is estimated to cost over five million dollars and every contract arising thereunder between the prime contractor, subcontractors, and their subcontractors must contain the following provision:

"By entering into this contract you hereby acknowledge and agree to provide a list to the awarding agency which shall describe off-site nonstandard items you procure. An "off-site nonstandard item" is any item that is prefabricated off-site and which is nonstandard and project-specific under the terms of the respective contract and which is: (i) Made primarily of architectural or structural precast concrete, fabricated steel, pipe and pipe systems, or sheet metal and sheet metal duct work; (ii) produced specifically for the public work and not considered to be a regularly available shelf item; (iii) produced or manufactured by labor expended to assemble or modify a standard item; and (iv) produced at an off-site location. "Off-site nonstandard item" does not include the materials supplied to manufacturers, fabricators, or employers that will be used to complete, construct, or assemble the final product, products, or items prior to their delivery to the public works site."

(b) The list shall not be required for any off-site nonstandard items that are produced within Washington.

(i) The name and address of the contractor or subcontractor supplying the list;

(ii) The name and address of each off-site fabricator;

(iii) A general description of the off-site nonstandard items that will be procured from each off-site fabricator; and

(iv) The total sum cost of the off-site nonstandard items which will be procured from each off-site fabricator.

(3) The list required under this section must be submitted on forms made available by the awarding agency.

(4) The failure of a contractor or subcontractor to provide the list required by subsection (2) of this section shall not be a condition precedent to nor affect the release of retained funds by the awarding agency to the prime contractor.

(5) This section expires December 31, 2011."

Correct the title.

EFFECT:

· Requires the list to include the total sum cost of the off-site nonstandard items that will be procured from each off-site fabricator.

· Specifies contract language regarding the list requirement.

· Eliminates the requirement to provide certified payroll records upon request.

· Eliminates the requirement that the list be submitted within 10 days of delivery of an item and provides that the failure to provide the list does not affect the release of retained funds by the awarding agency to the prime contractor.

· Deletes penalty provisions.

· Moves the provisions from the prevailing wage chapter to the general public works chapter.

· Raises the threshold for the application of the requirements to $5 million.