AN ACT Relating to increasing opportunities for cities to utilize county resources for road construction and maintenance;
Bill Description
Increasing opportunities for cities to utilize county resources for road construction and maintenance.
What this bill does Powered by Legitron
This bill (Substitute House Bill 1529) reenacts and amends existing statutes governing how Washington cities and towns let and perform public works. It amends RCW 35.22.620 (first-class cities) and RCW 35.23.352 (second-class cities and towns) to set when competitive bidding is required, to allow limited day labor performance, to specify dollar thresholds for noncontracted work, and to add reporting, accounting, and contract procedures. It also amends RCW 35.77.030 to authorize county road funds to be used under agreements for city/town street work and to set when county-performed street work must be let by contract, but the full text of that amendment and a new section referenced in the bill are not included in the provided facts.
Key procedural changes: first-class cities may have city employees perform up to 10 percent of the public works construction budget per budget period, with roadway striping and paving done by a county under RCW 35.77.020 excluded from that 10 percent calculation; excess noncontracted work is deducted from the next budget period and the state treasurer may withhold up to 20 percent of a city’s motor vehicle fuel tax distributions if excess amounts are not reduced within two years. Both firstand second-class cities/towns are limited from having employees perform public works over $150,000 for multi-craft projects or $75,500 for single-craft or signalization/lighting projects, projects may not be divided to avoid limits, and an exception for “prudent utility management” permits regularly employed personnel to perform work using materials up to $300,000 in value (individual equipment items excluded from that cap).
The bill also clarifies competitive bidding procedures and protections: publication and notice requirements (notice to be published 13 days before bid closing), a required bid proposal deposit of at least 5 percent, awarding to the lowest responsible bidder with a specified exception allowing selection of the second-lowest bidder within 5 percent when documented poor recent performance by the low bidder exists, and requirements for performance bonds and forfeiture for failure to execute. It authorizes unit priced contracts for recurring work (initial term up to three years plus one-year renewal), requires prevailing wage compliance and annual wage updates and reporting, allows use of the small works roster, encourages inviting certified minority or woman contractors when possible, treats allocation of in-house work as not subject to collective bargaining, and requires certain reporting to the state auditor and Department of Commerce.
Gaps and uncertainties in the provided material: the amendment text for RCW 35.77.030 and a new section mentioned in the bill are not included, part of the notice language begins mid-sentence, and some cross-referenced statutory details (for example, full definitions and procedures in the cited RCWs) are not provided here, so full implementation details and certain thresholds or procedural nuances cannot be confirmed from the provided facts alone.
Why it matters Powered by Legitron
If enacted, cities and towns will have more leeway to use their own crews or county crews for smaller public works projects, which will likely reduce contract costs and speed up routine street work in many places. Second-class cities and towns can do projects in-house (day labor) up to about $150,000 for multi-trade jobs and $75,500 for single-trade jobs, and first-class cities can have employees do up to 10% of their public works budget each budget period (with certain project dollar caps); counties can be paid to do striping and paving and may use county road funds for city street work under agreements. This will mainly affect city and county public works budgets and staffing choices, shifting more responsibility and potential short-term savings to municipal crews while increasing administrative tasks: first-class cities must track and report noncontracted work to the state auditor (and smaller first-class cities must use a specific accounting form), unit-price contracts require annual prevailing wage updates and wage affidavits, and cities face a financial penalty risk if first-class cities exceed the 10% limit and do not reduce excess work within two years (up to 20% withholding of motor vehicle fuel tax distributions). Some details remain unclear from the available text—notably the full changes to RCW 35.77.030 and parts of the public notice language and purchase-threshold wording—so the exact scope of county obligations and certain procurement thresholds may need clarification before local governments can fully plan changes.