RCW 39.04.380
A recent addition to public works law chapter 39.04 RCW (RCW 39.04.380) will take effect on March 30, 2012 when the Department of Enterprise Services (successor agency to the Department of General Administration) implements a reciprocal bid preference adjustment. The new section of the law provides direction to public agencies in Washington when evaluating public works bids submitted by out-of-state businesses. Click here for more information.
Seattle’s New WMBE “Inclusion Plan”
Click here to view.
Some Reseller Permits to Expire Soon
Reseller permits for some businesses will expire on December 31, 2010, and will no longer be valid for resale purchases.
If you need to renew your reseller permit, you may apply:
Online through My Account, or
By paper, available:
- at dor.wa.gov/resellerpermit
- by calling 1-800-647-7706
The Department will notify you whether your application has been approved or denied within 60 days of receipt.
Don’t Use or Accept Expired Permits
Do not make purchases with your expired permit, as it may result in penalties imposed (RCW 82.32.29).
You may not accept expired permits from customers. They must provide you with a copy of a current reseller permit to continue to make wholesale purchases or you may use the department’s electronic verification systems to obtain current information.
Permit Retention
For audit purposes, both resale certificates (for purchases prior to Jan. 1, 2010) and reseller permits must be kept on file for five years from the date last used. If you have questions, click here to visit our website or call our Telephone Information Center at 1-800-647-7706.
2010 Elections
The MCA of Western Washington takes the following positions on current ballot measures:
YES on I-1082
A voter’s initiative to allow third party workers compensation insurance in addition to the current state monopoly.
YES on I-1053
A voter’s initiative to require a 2/3 legislative majority to raise taxes. Click here for more information.
NO on I-1098
A voter’s initiative to establish an income tax. Click here for more information.
APPROVE R-52
A legislative referendum to increase Washington’s Bond Limit to fund certain energy projects in schools. Click here for more information.
The following Bills were passed by Legislature and signed by the Governor:
HB 2805: Three year effort by Building Trades to pass a bill to gather information on the amount of off-site prefabrication work that is going out-of-state. Requires any contractor who contracts for off-site, prefabricated, nonstandard, project specific items to submit the "contract value" of the items (including labor and materials) to LNI on their affidavit of wages paid. LNI must transmit the data to CPARB "for review."
SB 6401: A CPARB bill designed to allow a GC/CM project to bring the mechanical and electrical contractors on board early as MC/CM and EC/CM, but only with approval of the public owner and only if the MC/CM or EC/CM portion of the project is at least $3 million.
Crane Safety and Boom Trucks
Contractors are reminded that as of January 1, 2010 employers must be in compliance with the state rule which requires cranes and operators to be certified. In particular, those contractors who have employees operating boom trucks should have a strategy in place to comply. Training is available through private resources and through some JATC’S. For more information click here.
New Requirements on Retainage and Prelease for Public Projects
Effective October 1, 2009, public agencies cannot release retainage to the contractor until L&I has approved the release by confirming that all subcontractors have paid industrial insurance premiums. MCAWW contractors should encourage the prime contractor and public agency to complete the request to L&I promptly. This will be another obstacle in our efforts to collect retainage.
Click here to view the Requirements on retainage and prelease for public projects.
Click here to view the new Request for Contract Release form.
For more information, visit http://www.lni.wa.gov/FormPub/Detail.asp?DocID=2404
Seller’s Permit Replaces Resale Certificate
Effective January 1, 2010, the resale certificate will be replaced with a reseller permit issued by the Department of Revenue (DOR) (Senate Bill 6173). Reseller permits are free and will be issued to businesses that make wholesale purchases, including qualified contractors. The permits allow businesses to purchase items or services for resale without paying retail sales tax. For more information click here.
Proposed Work Comp Rates
The Director of L&I has announced a proposed 7.6% overall average increase for 2010 L&I rates. Contractors who are concerned about increasing rates at this time should be on record. Click here for more.
E-Verify
On July 8, 2009, the Department of Homeland Security (DHS) announced the Administration's intent to "push ahead with full implementation" of a rule requiring federal contractors to use the E-Verify system to verify employees' authorization to work in the U.S. The E-Verify rule will apply to federal solicitations and contract awards government-wide beginning September 8, 2009. The federal contractor rule extends use of the E-Verify system to covered federal contractors and subcontractors, including those who receive American Recovery and Reinvestment Act funds. Click here for more information.
Stevens vs Brinks Washington State Supreme Court Decision The Washington State Supreme Court's decision in Stevens v. Brink's Home Security has potentially serious consequences for many of our members. The court in Brink's decided that an employer must pay its service technicians back wages for drive time in company owned service trucks from the service technicians' homes to their first service call location, and back home after the last call locations of the day.
Contact Ed Kommers for a member bulletin on the specifics of this decision.
Click here to view the L&I policy dated 9/2/08 regarding “hours worked” and commuting in response to the Stevens vs Brinks decision.
RCW 39.10 (Alternative Public Works, GCCM, Design Build and Job Order Contracting)
Contact Ed Kommers for a summary of the impacts to Specialty Contractors.
Bidder Responsibility
• Definition of Responsible Bidder
• Bidder Responsibility Criteria
• Small Works Roster
• Verification of Subcontractor Responsibility Criteria
Contact Ed Kommers for a white paper summary of the impacts to Specialty Contractors.
