AN ACT Relating to
revising certain day labor limits to account for inflation; and amending RCW
35.22.620 and 35.23.352.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 35.22.620 and 2000 c
138 s 203 are each amended to read as follows:
(1) As used in this
section, the term "public works" means as defined in RCW 39.04.010.
(2) A first class city
may have public works performed by contract pursuant to public notice and call
for competitive bids. As limited by subsection (3) of this section, a first
class city may have public works performed by city employees in any annual or
biennial budget period equal to a dollar value not exceeding ten percent of the
public works construction budget, including any amount in a supplemental public
works construction budget, over the budget period. The amount of public works
that a first class city has a county perform for it under RCW 35.77.020 shall
be included within this ten percent limitation.
If a first class city
has public works performed by public employees in any budget period that are in
excess of this ten percent limitation, the amount in excess of the permitted
amount shall be reduced from the otherwise permitted amount of public works
that may be performed by public employees for that city in its next budget
period. Twenty percent of the motor vehicle fuel tax distributions to that
city shall be withheld if two years after the year in which the excess amount
of work occurred, the city has failed to so reduce the amount of public works
that it has performed by public employees. The amount so withheld shall be
distributed to the city when it has demonstrated in its reports to the state
auditor that the amount of public works it has performed by public employees
has been so reduced.
Whenever a first class
city has had public works performed in any budget period up to the maximum
permitted amount for that budget period, all remaining public works within that
budget period shall be done by contract pursuant to public notice and call for
competitive bids.
The state auditor shall
report to the state treasurer any first class city that exceeds this amount and
the extent to which the city has or has not reduced the amount of public works
it has performed by public employees in subsequent years.
(3) In addition to the
percentage limitation provided in subsection (2) of this section, a first class
city with a population in excess of one hundred fifty thousand shall not have
public employees perform a public works project in excess of ((fifty)) seventy
thousand dollars, or ninety thousand dollars after January 1, 2010, if
more than a single craft or trade is involved with the public works project, or
a public works project in excess of ((twenty-five)) thirty-five
thousand dollars, or forty-five thousand dollars after January 1, 2010,
if only a single craft or trade is involved with the public works project or
the public works project is street signalization or street lighting. In
addition to the percentage limitation provided in subsection (2) of this
section, a first class city with a population of one hundred fifty thousand or
less shall not have public employees perform a public works project in excess
of ((thirty-five)) fifty thousand dollars, or sixty-five
thousand dollars after January 1, 2010, if more than one craft or trade is
involved with the public works project, or a public works project in excess of
((twenty)) thirty thousand dollars, or forty thousand dollars
after January 1, 2010, if only a single craft or trade is involved with the
public works project or the public works project is street signalization or
street lighting. A public works project means a complete project. The
restrictions in this subsection do not permit the division of the project into
units of work or classes of work to avoid the restriction on work that may be
performed by day labor on a single project.
(4) In addition to the
accounting and record-keeping requirements contained in RCW 39.04.070, every
first class city annually shall prepare a report for the state auditor
indicating the total public works construction budget and supplemental public
works construction budget for that year, the total construction costs of public
works performed by public employees for that year, and the amount of public
works that is performed by public employees above or below ten percent of the
total construction budget. However, if a city budgets on a biennial basis,
this annual report shall indicate the amount of public works that is performed
by public employees within the current biennial period that is above or below
ten percent of the total biennial construction budget.
Each first class city
with a population of one hundred fifty thousand or less shall use the form
required by RCW 43.09.205 to account and record costs of public works in excess
of five thousand dollars that are not let by contract.
(5) The cost of a
separate public works project shall be the costs of materials, supplies,
equipment, and labor on the construction of that project. The value of the
public works budget shall be the value of all the separate public works
projects within the budget.
(6) The competitive
bidding requirements of this section may be waived by the city legislative
authority pursuant to RCW 39.04.280 if an exemption contained within that
section applies to the work or contract.
(7) In lieu of the
procedures of subsections (2) and (6) of this section, a first class city may
let contracts using the small works roster process in RCW 39.04.155.
Whenever possible, the
city shall invite at least one proposal from a minority or woman contractor who
shall otherwise qualify under this section.
(8) The allocation of
public works projects to be performed by city employees shall not be subject to
a collective bargaining agreement.
(9) This section does
not apply to performance-based contracts, as defined in RCW 39.35A.020(((3)))
(4), that are negotiated under chapter 39.35A RCW.
(10) Nothing in this
section shall prohibit any first class city from allowing for preferential
purchase of products made from recycled materials or products that may be
recycled or reused.
Sec. 2. RCW 35.23.352 and 2000 c
138 s 204 are each amended to read as follows:
(1) Any second class
city or any town may construct any public works, as defined in RCW 39.04.010,
by contract or day labor without calling for bids therefor whenever the
estimated cost of the work or improvement, including cost of materials,
supplies and equipment will not exceed the sum of ((thirty)) forty-five
thousand dollars, or sixty thousand dollars after January 1, 2010, if
more than one craft or trade is involved with the public works, or ((twenty))
thirty thousand dollars, or forty thousand dollars after January 1,
2010, if a single craft or trade is involved with the public works or the
public works project is street signalization or street lighting. A public
works project means a complete project. The restrictions in this subsection do
not permit the division of the project into units of work or classes of work to
avoid the restriction on work that may be performed by day labor on a single project.
Whenever the cost of
the public work or improvement, including materials, supplies and equipment,
will exceed these figures, the same shall be done by contract. All such
contracts shall be let at public bidding upon publication of notice calling for
sealed bids upon the work. The notice shall be published in the official
newspaper, or a newspaper of general circulation most likely to bring
responsive bids, at least thirteen days prior to the last date upon which bids
will be received. The notice shall generally state the nature of the work to
be done that plans and specifications therefor shall then be on file in the
city or town hall for public inspections, and require that bids be sealed and
filed with the council or commission within the time specified therein. Each
bid shall be accompanied by a bid proposal deposit in the form of a cashier's
check, postal money order, or surety bond to the council or commission for a
sum of not less than five percent of the amount of the bid, and no bid shall be
considered unless accompanied by such bid proposal deposit. The council or
commission of the city or town shall let the contract to the lowest responsible
bidder or shall have power by resolution to reject any or all bids and to make
further calls for bids in the same manner as the original call.
When the contract is
let then all bid proposal deposits shall be returned to the bidders except that
of the successful bidder which shall be retained until a contract is entered
into and a bond to perform the work furnished, with surety satisfactory to the
council or commission, in accordance with RCW 39.08.030. If the bidder fails
to enter into the contract in accordance with his or her bid and furnish a bond
within ten days from the date at which he or she is notified that he or she is
the successful bidder, the check or postal money order and the amount thereof
shall be forfeited to the council or commission or the council or commission
shall recover the amount of the surety bond. A low bidder who claims error and
fails to enter into a contract is prohibited from bidding on the same project
if a second or subsequent call for bids is made for the project.
If no bid is received
on the first call the council or commission may readvertise and make a second
call, or may enter into a contract without any further call or may purchase the
supplies, material or equipment and perform the work or improvement by day
labor.
(2) The allocation of
public works projects to be performed by city or town employees shall not be
subject to a collective bargaining agreement.
(3) In lieu of the
procedures of subsection (1) of this section, a second class city or a town may
let contracts using the small works roster process provided in RCW 39.04.155.
Whenever possible, the
city or town shall invite at least one proposal from a minority or woman
contractor who shall otherwise qualify under this section.
(4) The form required
by RCW 43.09.205 shall be to account and record costs of public works in excess
of five thousand dollars that are not let by contract.
(5) The cost of a
separate public works project shall be the costs of the materials, equipment,
supplies, and labor on that construction project.
(6) Any purchase of
supplies, material, or equipment, except for public work or improvement, where
the cost thereof exceeds seven thousand five hundred dollars shall be made upon
call for bids.
(7) Bids shall be
called annually and at a time and in the manner prescribed by ordinance for the
publication in a newspaper of general circulation in the city or town of all
notices or newspaper publications required by law. The contract shall be
awarded to the lowest responsible bidder.
(8) For advertisement
and formal sealed bidding to be dispensed with as to purchases with an
estimated value of fifteen thousand dollars or less, the council or commission
must authorize by resolution, use of the uniform procedure provided in RCW
39.04.190.
(9) The city or town
legislative authority may waive the competitive bidding requirements of this
section pursuant to RCW 39.04.280 if an exemption contained within that section
applies to the purchase or public work.
(10) This section does
not apply to performance-based contracts, as defined in RCW 39.35A.020(((3)))
(4), that are negotiated under chapter 39.35A RCW.
(11)
Nothing in this section shall prohibit any second class city or any town from
allowing for preferential purchase of products made from recycled materials or
products that may be recycled or reused.
