Additional Public Works Legislation Introduced in Washington State

In addition to the bills I noted in my blog from January 16, 2012, the following three bills relating to public works contracting in Washington state have been introduced this session:

Increasing Use of Design-Build on WSDOT Projects:  Second Substitute Senate Bill 5250 would require the Washington State Department of Transportation to use Design-Build on public works projects over $5 million, down from the current $10 million requirement.  The bill would also require WSDOT to report to the legislature each biennium on the performance of Design-Build on its projects.

Limiting Prevailing Wage Complaints:  Senate Bill 6480 would restrict the ability of individuals to file a wage complaint against a contractor a) if an employer paid a prevailing wage rate based on a "previous written determination" of the Department of Labor and Industries or b) if an employer paid the prevailing wage rate as noted on the Affidavit of Wages Paid form.

Requiring Certified Payrolls on Pubic Works Projects:  Senate Bill 6416 is a poorly written piece of legislation that would impose a significant burden on contractors (especially small businesses) as well as public agencies.

• Earlier Submittal of Intents:  The bill appears to require earlier submittal to public agencies of the Statement of Intent to Pay Prevailing Wages from a prior to payment standard to before the agency "finalizes a contract for any public work subject to prevailing wage requirements."  The use of "finalizes" is ambiguous in this context as to whether it means award or execution.  It is also problematic in that many subcontractors are not known at that point in time.

• Payrolls Required Before Payment:  The bill would also require public agencies to require electronic certified payroll records from the contractor and all subcontractors prior to making any payment to the contractor.

• Agencies Must Publish Payrolls:  The bill would require public agencies to publish the payrolls on a "publicly accessible database" after deleting the Social Security numbers of the workers.  Agencies would also have to forward a copy of the unredacted payrolls to the Department of Labor and Industries.

Mike Purdy's Public Contracting Blog 

© 2012 by Michael E. Purdy Associates, LLC 

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