BILL REQ. #:  H-1075.4 

Read first time 01/30/09.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to public works involving off-site prefabrication; adding a new section to chapter 39.12 RCW; and providing an expiration date.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 39.12 RCW to read as follows:
     (1)(a) Except as provided in (b) of this subsection, the specifications for every contract to perform public work as specified in RCW 39.12.030 must contain a provision requiring the prime contractor and all subcontractors and their subcontractors, and employers who are not required to register as contractors in the state, to submit to the awarding agency and to the department of labor and industries a certified list of off-site, prefabricated, nonstandard, project-specific items produced under the terms of each respective contract. The list must identify:
     (i) The specific items produced;
     (ii) The name and address of the contractor, subcontractor, or employer;
     (iii) The name and address of the contractor, subcontractor, or employer that will be producing the items if other than the contractor, subcontractor, or employer; and
     (iv) The unified business identifier number of the contractor, subcontractor, and employer responsible for producing the items.
     (b) This subsection (1) does not apply to contractors, subcontractors, and employers required to submit a statement of intent to pay prevailing wage under RCW 39.12.040.
     (2) Contractors, subcontractors and their subcontractors, and employers responsible for producing the items identified in this section shall upon receipt of a request by an interested party file with the awarding agency and the department of labor and industries certified copies of payroll records that contain the number of labor hours expended producing the items and the hourly rate of wages paid to the workers in each trade or occupation used in producing the items.
     (3) The specifications for each contract to perform public work must require that all contracts entered into by the prime contractor and every subcontractor and their subcontractors, or employers who are responsible for the off-site fabrication of nonstandard items, contain a requirement for the production of certified copies of payroll records when they are requested by interested parties. Noncompliance with this subsection by the contractor, subcontractor or their subcontractors, or the employer responsible for the fabrication of the items constitutes a violation of RCW 39.12.050.
     (4) This section does not apply to entities responsible for supplying the materials to the manufacturers, fabricators, or employers that will be used to complete, construct, or assemble the product, products, or items prior to their delivery to the public works site.
     (5) The required lists, payroll records, and certifications under this section must be submitted on forms made available by the department of labor and industries.
     (6) Prior to the final acceptance of a project, the awarding agency must receive from the contractor, subcontractor, or employer responsible for the off-site production of the items identified in this section certified copies of the lists required to be submitted under subsection (1) of this section as well as copies of all certified payroll records that have been requested by interested parties. The awarding agency must report to the department of labor and industries incidences of noncompliance with this requirement and the department must issue a notice of violation to the contractor, subcontractor, or employer that has failed to comply with this section. This subsection does not apply to contractors, subcontractors, and employers required to submit a statement of intent to pay prevailing wage under RCW 39.12.040.
     (7) The failure of a contractor, subcontractor, or employer responsible for the off-site fabrication of nonstandard items to submit the required lists and records does not affect the release of retained funds by the public agency following final acceptance of the project.
     (8) For purposes of this section, "off-site, prefabricated, nonstandard, project-specific items" means products or items that are: (a) Made primarily of architectural or structural precast concrete, fabricated steel, pipe and pipe systems, or sheet metal and sheet metal duct work; (b) produced specifically for the public work and not considered to be regularly available shelf items; (c) produced or manufactured by labor expended to assemble or modify standard items; and (d) produced at an off-site location.
     (9) This section expires December 31, 2011.