Changes to Washington State Prevailing Wage Forms

The Washington State Department of Labor and Industries announced three changes to the required "Statement of Intent to Pay Prevailing Wages" and the "Affidavit of Wages Paid Form":

1. All Intents and Affidavits must have the following two fields completed: "Agency Contact Name" and "Agency Contact Phone."  Completion of these fields will become mandatory for all contractors and subcontractors, effective the evening of January 21, 2010.
   
   
2. The "Industrial Insurance Acct ID" field must be completed when employees and/or apprentices are used and referenced on the Intents and Affidavits.  Industrial Insurance is another term for Workers Compensation premiums.
   
   
3. The Intent and Affidavit forms now includes the following question about federal funding from stimulus or recovery money:  "Does this project utilize American Recovery and Reinvestment Act (ARRA) funds?"  

As a reminder, if ARRA funds are involved, the contractor will need to pay either State prevailing wages or federal Davis-Bacon prevailing wages, whichever is higher for an applicable classification.  Federally funded projects also require the contractor to submit weekly payrolls for their firm and all subcontractors, which the public agency is required to review and monitor.

Most contractors are now filing the Intents and Affidavits online with L&I.  Anyone can check the online database to see if an Intent or Affidavit has been filed and approved by L&I.  To view the database, which is searchable by a number of fields, visit L&I's website at https://fortress.wa.gov/lni/pwiapub/SearchFor.asp.

The Intent form is required prior to work being performed by the contractor or subcontractor, or at the latest before the public agency makes any payment for the work.  The Affidavit must be filed before the public agency may release retainage to the contractor.

California Construction Law Update - Seminar

The Southern California Chapter of the Construction Management Association of America (CMAA) will hold a January 28, 2010 morning seminar at The Grand Conference Center in Long Beach, CA.

The agenda for the Construction Law Update will include a review of 2009 case law and legislation relating to the following:

• California's Right to Repair Law
• Arbitration
• Contractors State License Law
• Prevailing Wage Law
• Construction Defects
• Design-Build
• Mechanic's Liens
• Governmental Design Immunity
• Subcontractor Insurance
• Wage and Hour Claims

Speakers:

• Kevin Collins, Alston & Bird LLP
• Kyle Ostergard, Alston & Bird LLP

Times:

• 8:00 - 8:30 a.m. - Registration and Continental Breakfast
• 8:30 - 10:30 a.m. - Seminar

Cost:

• $60 per person - CMAA Members (before January 22, 2010)
  
• $100 per person - Non-Members (before January 22, 2010)
• $75 per person - CMAA Members (after January 22, 2010)
• $125 per person - Non-Members (after January 22, 2010)

Registration: Visit the website of CMAA's Southern California Chapter for either online registration or a flyer to register by mail.

Dallas to Host Design-Build Annual Conferences in April

Dallas, Texas will be the site for the annual conferences of the Design-Build Institute of America (DBIA) that will combine both the Water/Wastewater Conference (April 19-21, 2010) with the Transportation Conference (April 21-23, 2010).

For more information, visit DBIA's website.

NJ Legislative Committee Approves Apprenticeship Bill

On January 4, 2010, the Assembly Labor Committee of the New Jersey State Legislature approved on a 6 to 2 vote a bill that would require contractors on public works projects to participate in an apprenticeship program, thus effectively limiting public works contractors to union contractors.

The Committee adopted amendments to the bill as originally introduced in late November 2009 to phase in the implementation of the requirements.

Resources and additional reading:

• Assembly, No. 4305 - Click to read the draft bill
  
  
• December 28, 2009 Blog entry - Click to read my previous blog entry on the bill.
  
  
• Linkedin.com comments on my Blog entry - Click to read a PDF of the comments received on Linkedin.com.
  

Training on Prevailing Wage Law

Lorman Education Services has scheduled training on Prevailing Wage Law in 15 cities across the nation including the following:

• Seattle, WA - January 21, 2010
  
  
• Tacoma, WA - March 11, 2010
  
  
• Akron, OH - March 11, 2010
  
  
• Bakersfield, CA - March 3, 2010
  
  
• Boston, MA - January 15, 2010
  
  
• Cherry Hill, NJ - February 18, 2010
  
  
• Chicago, IL - February 3, 2010
  
  
• Cleveland, OH - February 26, 2010
  
  
• Columbus, OH - March 25, 2010
  
  
• Dallas, TX - February 23, 2010
  
  
• Elk Grove Village, IL - March 18, 2010
  
  
• Honolulu, HI - January 14, 2010
  
  
• Minneapolis, MN - March 23, 2010
  
  
• Reno, NV - February 4, 2010
  
  
• Santa Barbara, CA - January 15, 2010

The cost, agenda, and faculty vary across the country, so click on the city you're interested in to get the details about the class.

Of the half-dozen faculty for the Seattle and Tacoma classes noted above, I know David Soma and Laura Herman. They are both extremely knowledgeable and articulate on prevailing wage issues.

In 2008, I was one of the faculty for Lorman's Prevailing Wage Law class in Tacoma, Washington. In my retirement (last day at the University of Washington will be February 5, 2010), I plan to do additional training as part of my Public Contracting consultant business.

From my discussions with government agencies and contractors, I know that prevailing wages is a subject of great interest. I may be offering training in the future on this important subject. Please contact me if you are interested in me providing this training to your agency, business, or in your geographic area.

Washington State Legislature Session Begins January 11, 2010

The Washington State Legislature will open its 2010 legislative session on Monday, January 11, 2010. This is a short session, meaning it is scheduled to only last 60 days, with an anticipated adjournment date of March 11, 2010.

To track the status of specific legislation, visit the Legislature's website at http://apps.leg.wa.gov/billinfo/

Stay tuned here for updates on legislation being considered that will impact public contracting, from both the perspective of public agencies and businesses.

Legislative Hearings This Week

Steve Goldblatt, recently retired, longtime University of Washington Construction Management faculty member specializing in design and construction law has been covering the legislative scene in Olympia for more than 25 years.

I've invited Steve to contribute guest blog entries on bills under consideration in the Washington State Legislature relating to public works and contracting, architects/engineers, and contractors. In this entry, Steve summarizes some a number of bills that will receive a hearing this week.

• Housing Authorities: HB 2517 would exempt housing authorities (Chapter 35.82 RCW) from laws governing the construction, alteration, repair, or improvement of property by other public bodies. Hearing on Thursday, January 14, 2010, at 10:00 a.m. in the House Local Government & Housing Committee
  
  
• Bid Limits for Ferries and Terminals: HB 2271 would allow state work forces to maintain and preserve WSDOT ferry vessels and terminals if the estimate cost of the work is less than $120,000 (RCW 47.28.030). This bill passed the House last session, 94-2. Hearing on Thursday, January 14, 2010, at 3:30 p.m. in the House Transportation Committee.
  
  
• Interior Designers: HB 1608 would recognize interior designers as a separate profession. No one could practice or use the label "interior design" in his/her name unless registered with a new Washington State Board of Interior Design. This bill didn't get a hearing in committee last session. It's at least the fourth attempt to recognize interior designers. The first attempt, HB 2513, came closest when it passed the House in 2004, 55-42. Hearing on Friday, January 15, 2010, at 8:00 a.m. in the House Commerce & Labor Committee.
  
  
• Architects: SHB 1634 would update the Architects Act (Chapter 18.08 RCW) for the first time since 1985 to reflect modern practices by modifying applicants' requirements, exam procedures, practice exemptions, professional development, business entity registration, and out-of-state firm requirements. Companion bill SSB 5529 passed the Senate last session, 42-2. Hearing on Friday, January 15, 2010, at 8:00 a.m. in the House Commerce & Labor Committee.
  
  
• Wastewater Treatment Systems Designers: HB 2589 would modify licensing provisions for on-site wastewater treatment systems designers (Chapter 18.210 RCW), including experience and experience verification requirements. Hearing on Friday, January 15, 2010, at 8:00 a.m. in the House Commerce & Labor Committee.
  
  
• False Claims: SB 5144 would provide that a person who knowingly presents, or assists in the presentation of a false or fraudulent claim that results in losses to a state or local government entity of at least $1,000 is liable for a civil penalty of $5,000-$10,000 plus three times the damages, attorneys fees, and costs. This bill didn't come to a vote in committee last session. It's at least the third attempt to pass a false claims act. The first attempt, ESSB 5439, came closest when it passed the Senate in 1999, 48-0. Hearing on Friday, January 15, 2010, at 1:30 p.m. in the Senate Judiciary Committee.