Public works contracting is set to receive attention this session through several bills. We provide brief summaries here of three proposals of interest to cities. Please contact AWC staff if your city has concerns or other feedback about the bills.

Please contact AWC staff if your city has concerns or other feedback about the bills.

Prevailing wage adjustments

Rep. Liz Berry (D–Seattle) has introduced legislation intended to ensure workers are paid the prevailing rate of wage in effect at the time the work is performed.

Prevailing wages are frozen from the time bids are due for the duration of the project, regardless of how long it takes to complete the project, which can sometimes take years. This means that in some cases workers may not be paid current prevailing wage during the time the work is performed.

HB 1099 would require that wages paid to workers on public projects be adjusted in accordance with prevailing wage adjustments made since the time a bid was submitted. It adds to existing prevailing wage law that a public work contract must stipulate that the hourly minimum rate of wage for laborers, workers, or mechanics be adjusted as necessary to provide that such wage is not less than the latest prevailing wage in effect at the time the work is performed.

Please contact AWC staff if your city has concerns or other feedback on this legislation.

Responsible bidder criteria

Two bills from Sen. Karen Keiser (D–Kent) would make several changes to the responsible bidder criteria for public works projects.

SB 5133 aims to expand and clarify apprenticeship utilization requirements for bidding public works projects.

Before award of a public works contract, a bidder must meet several criteria to be considered a responsible bidder. The bill would add to the existing criteria that a bidder must be listed as an active training agent on the department of labor and industries’ website.

Currently, bidders for projects subject to apprenticeship utilization requirements are unqualified if they have been found out of compliance by the Washington State Apprenticeship and Training Council. The bill takes the requirement one step further, stating that bidders are unqualified if found out of compliance by the Council for not achieving mandatory apprenticeship utilization requirements. Additionally, if the bidder has a demonstrated history of being out of compliance with apprenticeship utilization requirements, the bidder will have to submit a verifiable apprenticeship utilization plan for the awarding agency’s review and acceptance prior to award of the public works project.

The bill adds to the training requirements for bidders, stating that, at the time of bid submittal, the bidder must have a designated person or persons trained within the previous three years on requirements related to public works and prevailing wage. It also removes the existing exemption from the training requirements for bidders that have completed three or more public works projects and have had a valid business license in Washington for three or more years.

Concerning the Department of Labor & Industries (L&I), the bill directs L&I to keep records of contractors’ compliance with the responsible bidder criteria and make records available on its website. Furthermore, before award of a public works contract, the contracting agency will need to verify that the bidder is listed on L&I’s website as in compliance with the responsible bidder criteria.

SB 5088 expands the responsibility criteria in yet another way. It intends to bring responsible bidder legislation into alignment with existing contractor registration and licensing laws. Currently, at the time of bid submittal, a bidder must have a certificate of registration. This bill adds a plumbing contractor license, an elevator contractor license, or an electrical contractor license as further options for demonstrating responsibility.

Please contact AWC staff if your city has concerns or other feedback on the above legislation.

Dates to remember

HB 1099 is scheduled for public hearing in the House Labor & Workplace Standards Committee on January 11 at 8 am.

SB 5088 is scheduled for public hearing in the Senate Labor & Commerce Committee on January 12 at 8 am.

SB 5133 is scheduled for public hearing in the Senate State Government & Elections Committee on January 13 at 8 am.