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.
