CITIES AND TOWNS - CONTRACTS - INSURANCE - CODIFICATION OF MUNICIPAL ORDINANCES - COMPETITIVE BIDS
CITIES AND TOWNS - CONTRACTS - INSURANCE - CODIFICATION OF MUNICIPAL ORDINANCES - COMPETITIVE BIDS Under the provisions of RCW 35.23.352, a city or town of the second, third or fourth class is required to call for bids in the manner prescribed therein where the city or town seeks (a) to award a contract for liability and casualty insurance coverage, the anticipated annual premiums for which will exceed $2,000, and (b) to award a contract for the codification of municipal ordinances, the anticipated cost of which will exceed $2,000.
CONTRACTS - PUBLIC WORKS
INVESTMENT OF THE RETAINED PERCENTAGE OF MONEYS EARNED IN PUBLIC WORKS CONTRACTS Section 1, chapter 38, Laws of 1970, relating to the investment of the retained percentage of moneys earned in public works contracts, is not applicable to contracts which were executed prior to its effective date.
CONTRACTS - PUBLIC WORKS - RETAINED PERCENTAGE OF MONEYS - BID SPECIFICATIONS
CONTRACTS ‑- PUBLIC WORKS ‑- RETAINED PERCENTAGE OF MONEYS ‑- BID SPECIFICATIONS (1) A public body to which RCW 60.28.010 applies, in calling for bids for a public works contract, may not require in its bid specifications or otherwise that all prospective bidders indicate in their bid proposals whether or not they will elect to have the retained percentage of moneys earned on the contract placed in escrow for investment as provided for in § 1, chapter 38, Laws of 1970, instead of leaving it with the public body.(2) A public body to which RCW 60.28.010 applies, in determining the lowest and best bidder for a public works contract, may not, in awarding the contract, take into account a statement of intent by a particular bidder as to whether or not, if awarded the contract, he will elect to leave his "retained percentage" with the public body pending completion of his performance under the contract.
REAL ESTATE - CONTRACTS - USURY
APPLICABILITY OF RCW 19.52.020 TO A REAL ESTATE CONTRACT FOR THE SALE OF RESIDENTIAL PROPERTY A two-party real estate contract for the sale of residential real property, involving only the owner-seller (whether commercial or private) of the real property and the purchaser thereof, is not subject to the twelve percent per annum interest limitation contained in Washington's usury statute, RCW 19.52.020.
SHERIFF - LAW ENFORCEMENT - CITIES AND TOWNS - CONTRACTS - INTERLOCAL COOPERATION ACT - COUNTIES
SHERIFF ‑- LAW ENFORCEMENT ‑- CITIES AND TOWNS ‑- CONTRACTS ‑- INTERLOCAL COOPERATION ACT ‑- COUNTIES 1. The county sheriff's duty to enforce state law applies equally in incorporated and unincorporated areas of the county. 2. If a city is unable to provide for adequate police protection, the county sheriff must take this factor into account in allocating the resources of the sheriff's office. However, the statutes do not obligate the sheriff to provide a city with a specific number of police officers or a specific level of police services. 3. If a city wants to obtain a specific number of county police officers or level of police services, the Interlocal Cooperation Act empowers the city to contract with the county to provide those services.
CIVIL SERVICE - CONTRACTS - DEPARTMENT OF SOCIAL AND HEALTH SERVICES - EMPLOYERS AND EMPLOYEES
CIVIL SERVICE--CONTRACTS--DEPARTMENT OF SOCIAL AND HEALTH SERVICES--EMPLOYERS AND EMPLOYEES 1. RCW 71A.12.110 empowers the Secretary of the Department of Social and Health Services to enter into agreements to pay the contracting party to perform services that the Secretary is authorized to provide under Title 71A RCW. 2. The Secretary's discretion to contract out, granted by RCW 71A.12.110, may be limited by negotiated collective bargaining agreements entered into pursuant to RCW 41.06.150(13).
COUNTIES - ROADS - CONTRACTS
COMPLIANCE WITH BIDDING REQUIREMENTS AS TO CONTRACTS FOR CONSTRUCTION OF COUNTY ROAD IMPROVEMENTS (1) When a board of county commissioners enters into a contract for the construction or improvement of county roads under chapter 36.77 RCW, the board is required to comply with the bidding requirements of RCW 36.77.020 through 36.77.040 even though the estimated cost of the project does not exceed $25,000.(2) A board of county commissioners may direct the performance of road construction or improvements by "day labor," rather than pursuant to contract, if the estimated cost of such project does not exceed $25,000. (3) Where a board of county commissioners hires one or more pieces of equipment and their operators, individually, to perform road construction or improvements in connection with a project having an estimated cost of less than $25,000, it may do so without complying with the bidding requirements of RCW 36.77.020 through 36.77.040 only if the operators so hired acquire the status of county employees rather than serving as independent contractors.
DISTRICTS - SCHOOL - CONTRACTS - USE OF TRADE NAME, BRAND NAME, ETC. IN CONTRACTS UNDER CHAPTER 224, LAWS OF 1961
DISTRICTS ‑- SCHOOL ‑- CONTRACTS ‑- USE OF TRADE NAME, BRAND NAME, ETC. IN CONTRACTS UNDER CHAPTER 224, LAWS OF 1961 A school district calling for bids prior to letting a contract can specify an item by brand name or name of manufacturer without an additional clause inviting bids on similar items of equal quality and serviceability if the public officials have not drafted the specifications arbitrarily and capriciously and are acting in good faith.
USURY - INTEREST - REAL ESTATE - CONTRACTS - BANKS AND BANKING
MAXIMUM INTEREST RATES UNDER 1981 STATE LEGISLATION (1) In the light of 1981 legislation, the maximum rate of interest, or service charge, which may now lawfully be imposed in connection with designated types of transactions is as follows: (a) Contract sales of real property‑-the higher of twelve percent per annum or four percentage points over the equivalent coupon issue yield of the average bill rate for twenty-six week treasury bills as determined at the first bill market auction conducted during the preceding calendar month (e.g., for contracts entered into in June, 1981, 20.58 percent), except that this limitation is not applicable if the particular contract is not primarily entered into for personal, family or household purposes or if the transaction is for agricultural, commercial, investment or business purposes and the purchaser is not a natural person; (b) Retail installment sales transactions‑-1-1/2 percent per month (or $1 if greater) for retail charge agreement transactions (e.g., purchases pursuant to a retailer's credit card) and, in the case of purchases covered by a retail installment contract, six percentage points above the average of the equivalent coupon yields of the bill rates for twenty-six week treasury bills for the last market auction conducted during February, May, August and November of the year prior to the year in which the contract is executed (e.g., for retail installment contracts during calendar year 1981, 18.5 percent); (c) Bank credit card transactions‑-the higher of (i) 12 percent, (ii) the rate computed by application of the same formula as now applies to real estate contracts, above, or (iii) 1 percent above the Federal Reserve Bank's discount rate;(2) The foregoing interest rate limitations apply to (a) contracts for the sale of real property entered into on or after May 8, 1981, with the caveat that the general usury statute, chapter 19.52 RCW, should be deemed to have become applicable to such contracts as of February 11, 1981; (b) retail installment transactions likewise occurring on or after May 8, 1981 with, however, a limited exception involving certain existing agreements; and (c) bank credit card transactions entered into on or after May 8, 1981, the effective dates of chapters 77 and 78, Laws of 1981.[[Orig. Op. Page 2]]
DISTRICTS - SCHOOLS - INSURANCE - HEALTH - CONTRACTS
DISTRICTS ‑- SCHOOLS ‑- INSURANCE ‑- HEALTH ‑- CONTRACTS (1) RCW 28A.58.420, as amended by § 2, chapter 269, Laws of 1971, 1st Ex. Sess., permits but does not require all school districts to make available to their employees an insurance program which would include medical or health care coverage entitling the beneficiaries to utilize the services of those practitioners who are licensed pursuant to chapters 18.22, 18.25, 18.53, 18.57 and 18.71 RCW.(2) If an insurance contract procured by a school district for its employees under RCW 28A.58.420, as amended, does include medical coverage relating to services which can be rendered by more than one of the above enumerated classes of licensees, the contract must then entitle the beneficiaries to choose between the services of each of those categories of licensees which are authorized to treat the particular covered illness or injury in question.(3) Where the board of directors of a school district is providing medical or health care insurance coverage for its employees under RCW 28A.58.420, as amended, it is not necessary that the contract for insurance or protection allow its beneficiaries to utilize the services of any practitioners in this state licensed pursuant to the enumerated RCW chapters; instead, it is permissible for the insurance contract to afford to those beneficiaries only the services of a designated list of named licensees practicing in a particular geographical area.
OFFICES AND OFFICERS - STATE - CONTRACTS - ARCHITECTURAL AND ENGINEERING SERVICES
ARCHITECTURAL AND ENGINEERING SERVICES State agencies which contract for architectural and engineering services pursuant to chapter 61, Laws of 1981 are not thereby exempt from filing such contracts with the Office of Financial Management under the provisions of chapter 39.29 RCW.
CONTRACTS - SALES - INTEREST - SERVICE CHARGE
LEGALITY OF VARIABLE RATE SERVICE CHARGE UNDER WASHINGTON RETAIL INSTALLMENT SALES ACT So long as the maximum rate does not exceed that which is permitted by RCW 63.14.130(1) in those instances where that statute applies, the Washington Retail Installment Sales Act, as codified in chapter 63.14 RCW, does not prohibit a retail seller from imposing a variable rate of service charge in a retail installment contract for the purchase of a manufactured home.
COMMUNITY COLLEGES - BOARD FOR COMMUNITY COLLEGE EDUCATION - CONTRACTS - EDUCATION
COMMUNITY COLLEGES ‑- BOARD FOR COMMUNITY COLLEGE EDUCATION ‑- CONTRACTS ‑- EDUCATION 1. The Legislature has established limits upon community college enrollment. As a creature of statute a community college must have specific statutory authority to enroll students in excess of those authorized by the Legislature. 2. RCW 28B.50.140(16) authorizes community colleges to offer educational services on a contractual basis to private and governmental entities. The students receiving instruction pursuant to such a contract do not fall within the enrollment lid. However, RCW 28B.50.140(16) does not authorize community colleges to avoid the enrollment lid by enrolling students on a contract basis when those students are treated the same as any other student and pay the same tuition and fees.
CITIES AND TOWNS - OPTIONAL MUNICIPAL CODE - CONTRACTS - INSURANCE - PERSONAL SERVICES - COMPETITIVE BIDS
CITIES AND TOWNS ‑- OPTIONAL MUNICIPAL CODE ‑- CONTRACTS ‑- INSURANCE ‑- PERSONAL SERVICES ‑- COMPETITIVE BIDS Because of RCW 35A.40.200, the competitive bidding requirements of RCW 35.23.352 are applicable to contracts executed by a city operating under the optional municipal code when engaged in making public improvements or performing public works; however, these requirements are not applicable to the contracts of such a city for professional or personal services such as those of an insurance broker.
DISTRICTS - SCHOOLS - EMPLOYEES - CONTRACTS
DISTRICTS ‑- SCHOOLS ‑- EMPLOYEES ‑- CONTRACTS A school district, as a condition of reemployment of its certificated teachers for a new school year, may require such teachers to sign and return their formal written employment contracts within a specified, reasonable period of time after the mailing of these contracts to the teachers.
DISTRICTS - SCHOOLS - EMPLOYEES - CONTRACTS - RETIREMENT - INSURANCE
DISTRICTS ‑- SCHOOLS ‑- EMPLOYEES ‑- CONTRACTS ‑- RETIREMENT ‑- INSURANCE (1) An agreement by a school district in reducing its force of certificated teachers for financial reasons to grant those teachers whose contracts are not to be renewed an unpaid leave of absence coupled with a right to return at some future date, if and when future teaching vacancies occur within the district for which they are qualified, will be enforceable by a separated teacher only if it is supported by an adequate legal consideration. (2) Such an agreement must be in writing in order to satisfy the requirements of RCW 28A.67.070, and of RCW 19.36.020 as well if the rights thereby granted are intended to be enforceable for more than one year beyond the date of its execution. (3) Considerable doubt must be expressed as to the enforceability of such a leave of absence coupled with a right of return if the term of leave exceeds one year in duration. (4) During the period of an unpaid leave of absence a teacher will not be eligible for active participation in the state teachers' retirement system as an employee of the district granting the leave. (5) Whether during the period of an unpaid leave of absence a teacher will be eligible to continue participating at his own expense in a medical insurance program provided for by the school district under RCW 28A.58.420 or RCW 41.04.180 will depend upon the terms of the particular insurance contract involved.
DISTRICTS - SCHOOLS - TRANSPORTATION - CONTRACTS
APPLICABILITY OF PREVAILING WAGE LAW TO CONTRACTS FOR SCHOOL BUS TRANSPORTATION The provisions of chapter 39.12 RCW, the state prevailing wage law, do not apply to bus drivers or like personnel employed by private companies providing transportation services to a school district by contract.
LABOR - CITIES AND TOWNS - MUNICIPALITIES - COUNTIES - CONTRACTS - VALIDITY OF RETROACTIVE PAY PROVISION IN INITIAL COLLECTIVE BARGAINING AGREEMENT UNDER CHAPTER 41.56 RCW
LABOR ‑- CITIES AND TOWNS ‑- MUNICIPALITIES ‑- COUNTIES ‑- CONTRACTS ‑- VALIDITY OF RETROACTIVE PAY PROVISION IN INITIAL COLLECTIVE BARGAINING AGREEMENT UNDER CHAPTER 41.56 RCW An initial collective bargaining agreement executed under chapter 41.56 RCW between a county, municipality or political subdivision and the bargaining representative of its employees may contain a provision whereby the salary or wage rates therein agreed upon will be payable for services previously rendered, from and after a designated date prior to its execution, but only if there was in existence during that previous period some kind of agreement that the wages received for their work performed between the date of such agreement and the execution of the collective bargaining agreement are not to be considered to be their full compensation; and no such agreement or understanding can be found from the mere act of certification or recognition of a bargaining agent under RCW 41.56.080.
COUNTIES - CITIES AND TOWNS - CONTRACTS - BIDS - NECESSITY FOR BIDDING IN CONNECTION WITH CONTRACT FOR SOLID WASTE DISPOSAL SYSTEM
COUNTIES ‑- CITIES AND TOWNS ‑- CONTRACTS ‑- BIDS ‑- NECESSITY FOR BIDDING IN CONNECTION WITH CONTRACT FOR SOLID WASTE DISPOSAL SYSTEM (1) In the event that a county enters into an interlocal cooperation act agreement with cities of the second, third and fourth class within the county for the operation of a solid waste disposal system, whereby the county is given full authority to manage and operate such system on behalf of the county and the cities, the county would stand in the position of agent for the participating cities and, hence, would be required to comply with the bidding requirements of RCW 35.23.352 and 35.23.353 in making and entering into contracts and purchases for such solid waste disposal system. (2) The fact that a particular county is not subject to mandatory bidding requirements, generally, does not excuse it from compliance with RCW 36.58.050 which requires a county entering into contracts for the hauling of trailers of solid waste from transfer stations to disposal sites and return to do so either by (a) the normal bidding process or (b) negotiation with the qualified collection company servicing the area under the authority of chapter 81.77 RCW.
DISTRICTS - SCHOOL - LUNCHROOMS - CONTRACTS - UTILIZATION OF FOOD SERVICE CONTRACTORS
DISTRICTS ‑- SCHOOL ‑- LUNCHROOMS ‑- CONTRACTS ‑- UTILIZATION OF FOOD SERVICE CONTRACTORS Neither RCW 28A.58.136 nor any other present statute allows a school district to contract with a food service contractor to purchase foodstuff and other supplies, collect money, prepare tax returns, etc.; instead, such food service contractors may only be utilized for the preparation and service of food.
LABOR - CONTRACTS - PUBLIC WORKS - STANDARDS FOR DETERMINING WAGE - FRINGE BENEFITS
LABOR ‑- CONTRACTS ‑- PUBLIC WORKS ‑- STANDARDS FOR DETERMINING WAGE ‑- FRINGE BENEFITS The requirement of chapter 39.12 RCW that the "prevailing rate of wage" be paid to laborers, workmen or mechanics upon all public works of the state, or any county, municipality, or political subdivision, does not necessitate that such persons employed subject to its provisions be provided with actual "bona fide fringe benefit programs" so long as wages are paid in an amount which includes the prevailing costs of such programs as are identified in RCW 39.12.010.
DISTRICTS - SCHOOL - FIRE PROTECTION - CITIES AND TOWNS - CONTRACTS - FIRE PROTECTION SERVICES FOR CITY SCHOOL DISTRICTS
DISTRICTS ‑- SCHOOL ‑- FIRE PROTECTION ‑- CITIES AND TOWNS ‑- CONTRACTS ‑- FIRE PROTECTION SERVICES FOR CITY SCHOOL DISTRICTS RCW 52.36.020, as amended by § 1, chapter 88, Laws of 1974, 1st Ex. Sess., does not require a school district with facilities located within a city or town to compensate a fire protection district for service provided such facilities even though the city or town has entered into a contract with the fire protection district for the provision of fire protection services.
DISTRICTS - SCHOOLS - TRANSPORTATION - CONTRACTS
COMPETITIVE BIDDING ON SCHOOL DISTRICT TRANSPORTATION CONTRACTS The provisions of RCW 28A.58.135 do not require school districts to go through a competitive bidding process prior to entering into a contract for pupil transportation services under RCW 28A.58.131.
PUBLIC WORKS - CONTRACTS - COMPETITIVE BIDDING
CONTRACT FOR CONSTRUCTION OF WASHINGTON STATE CONVENTION AND TRADE CENTER Under chapter 39.04 RCW, and consistent with public policy as expressed in judicial decisions regarding public works contracts, the concept of competitive bidding is applicable with regard to the awarding of a construction management contract by the Washington State Convention and Trade Center insofar as that contract would cover the construction phase of the Convention and Trade Center project.
COUNTIES - COLLECTION OF SOLID WASTE - CONTRACTS - STATE REGULATION OF COUNTY GARBAGE COLLECTION
COUNTIES ‑- COLLECTION OF SOLID WASTE ‑- CONTRACTS ‑- STATE REGULATION OF COUNTY GARBAGE COLLECTION (1) Under § 3, chapter 58, Laws of 1975-76, 2nd Ex.Sess., when a comprehensive solid waste plan adopted under RCW 70.95.080 incorporates the use of transfer stations, the transportation of solid waste between disposal sites in transfer trailers, but not in "drop box" detachable containers, is thereby exempt from regulation by the Washington utilities and transportation commission. (2) Under § 3, chapter 58, Laws of 1975-76, 2nd Ex. Sess., a county in which a comprehensive solid waste plan has been adopted may contract for the hauling of solid waste between disposal sites in transfer trailers, but not in detachable containers, either by the normal bidding process or by negotiation with the qualified collection agency serving the area under the authority of chapter 81.77 RCW; contracts utilizing the use of detachable containers, however, must follow the normal bidding process where applicable.
DISTRICTS - PORT - CONTRACTS - BUILDING CONTRACTS - PORT COMMISSIONER AS STOCKHOLDER AND OFFICER
DISTRICTS ‑- PORT ‑- CONTRACTS ‑- BUILDING CONTRACTS ‑- PORT COMMISSIONER AS STOCKHOLDER AND OFFICER (1) Unless one of the specific exemptions found in RCW 42.23.030 is applicable, a port district in this state may not lawfully enter into a building construction contract with a corporation in which one of the port commissioners is a stockholder and officer. (2) If a contract is executed in violation of RCW 42.23.030, the contract is void and the penalty upon the public officer in question is prescribed in RCW 42.23.050 and 42.20.080.
CITIES AND TOWNS - OPTIONAL MUNICIPAL CODE - CONTRACTS - PUBLIC WORKS AND IMPROVEMENTS - PURCHASES - COMPETATIVE BIDS
CITIES AND TOWNS ‑- OPTIONAL MUNICIPAL CODE ‑- CONTRACTS ‑- PUBLIC WORKS AND IMPROVEMENTS ‑- PURCHASES ‑- COMPETATIVE BIDS (1) A code city is not required to call for competitive bids when contracting for the purchase of supplies, materials and equipment which are not being procured in connection with a public work or improvement project. (2) A code city is required to call for competitive bids when contracting for the purchase of equipment which is being procured in connection with a public work or improvement having an estimated cost in excess of five thousand dollars. (3) The provisions of chapter 56, Laws of 1975, 1st Ex. Sess., (now codified as RCW 35.22.620 ‑ 35.22.650) do not apply so as to permit a code city, when contracting for a public work or improvement, to refrain from calling for competitive bids if the estimated cost of such work or improvement, including the cost of materials, supplies and equipment, although in excess of five thousand dollars, does not exceed ten thousand dollars (or fifteen thousand dollars if the public work or improvement is for the construction of water mains).
DISTRICTS - SCHOOLS - CERTIFICATED EMPLOYEES - CONTRACTS - NONRENEWAL OF CONTRACTS OF PROVISIONAL SCHOOL EMPLOYEES
DISTRICTS ‑- SCHOOLS ‑- CERTIFICATED EMPLOYEES ‑- CONTRACTS ‑- NONRENEWAL OF CONTRACTS OF PROVISIONAL SCHOOL EMPLOYEES (1) A person newly employed by a school district in a teaching or other supervisory certificated position remains a "provisional employee," within the meaning of RCW 28A.67.072, for a twelve‑month (or 365 day) period commencing on the date of his employment and ending one year later. (2) The procedures for contract renewal which are provided for under RCW 28A.67.072 in the case of provisional school district employees may only be utilized if notice of nonrenewal is given by not later than the May 15th date which falls within the term of an individual's first year of employment as above defined.
CITIES AND TOWNS - OPTIONAL MUNICIPAL CODE - CONTRACTS - PUBLIC WORKS AND IMPROVEMENTS - PURCHASERS - COMPETITIVE BIDS
CITIES AND TOWNS ‑- OPTIONAL MUNICIPAL CODE ‑- CONTRACTS ‑- PUBLIC WORKS AND IMPROVEMENTS ‑- PURCHASERS ‑- COMPETITIVE BIDS (1) Under the provisions of RCW 35.23.352, as amended by § 1, Chapter 41, Laws of 1977, Ex.Sess., a second, third or fourth class city may still construct a public work or improvement having an estimated cost in excess of $5,000 through the use of its own labor force where the city has first called for bids but no responsive bids have been received; however, such a city may no longer construct a public work or improvement having an estimated cost in excess of $5,000 through the use of its own labor force where bids have been received but all such bids have been rejected. (2) Because code cities are governed by the same legal rules as apply to second, third and fourth class cities in the construction of public works or improvements, the foregoing conclusions are equally applicable to the ability of a code city to construct a public work or improvement through the use of its own labor force. (3) For the same reason a code city, after calling for bids and rejecting them, may not negotiate a contract for a public work or improvement without any further call for bids.
DISTRICTS - SCHOOLS - CERTIFICATED EMPLOYEES - CONTRACTS - PROBATIONARY PERIOD FOR PROVISIONAL SCHOOL EMPLOYEES
DISTRICTS ‑- SCHOOLS ‑- CERTIFICATED EMPLOYEES ‑- CONTRACTS ‑- PROBATIONARY PERIOD FOR PROVISIONAL SCHOOL EMPLOYEES The completion of a probationary period under RCW 28A.67.065 is not a pre‑condition to the nonrenewal of a provisional school district employee during his or her first year of employment under RCW 28A.67.072.
DISTRICTS - SCHOOLS - CONTRACTS - GROUP MEDICAL INSURANCE PLAN OR HEALTH CARE PLAN FOR EMPLOYEES - AUTHORITY - NUMBER OF CONTRACTS - DESIGNATION OF SPECIFIC EMPLOYEES TO BE COVERED BY PARTICULAR POLICY
DISTRICTS ‑- SCHOOLS ‑- CONTRACTS ‑- GROUP MEDICAL INSURANCE PLAN OR HEALTH CARE PLAN FOR EMPLOYEES ‑- AUTHORITY ‑- NUMBER OF CONTRACTS ‑- DESIGNATION OF SPECIFIC EMPLOYEES TO BE COVERED BY... (1) A school district pursuant to chapter 75, Laws of 1963 (RCW 41.04.180-41.04.190), may contract with more than one insurance carrier or health service contractor and allow each employee to choose the plan he or she desires, as long as each plan meets all of the requirements of chapter 75, Laws of 1963. (2) A school district pursuant to chapter 75, Laws of 1963, may designate specific categories of its employees to be covered by a group policy or contract to the exclusion of other categories of employees. (3) A school district which has designated specific categories of employees to be covered by a group policy or contract to the exclusion of other categories of employees is not required to make provision for like benefits for such excluded categories of employees by entering into similar contracts for such employees if the categories established by the district are not arbitrary, capricious or invidiously discriminatory. (4) If existing employees' term contracts do not provide in any manner for such insurance, the school district may not provide such benefits during the term of such contracts since under RCW 41.04.190 such benefits constitute additional compensation and under Article II, § 25, Amendment 35, extra compensation may not be granted to any employee after the contract of employment has been entered into.
WATER DISTRICT COMMISSIONERS - OFFICES AND OFFICERS - EMPLOYERS AND EMPLOYEES - CONFLICT OF INTEREST - CONTRACTS
Applicability of Code of Ethics for Municipal Officers to Water District Commissioner and Part-time Employee 1. A water district commissioner is a municipal officer subject to the Code of Ethics for Municipal Officers, chapter 42.23 RCW. Under RCW 42.23.030 a water district commissioner cannot have a beneficial interest in a contract with the district where the water district's total liability exceeds $750 in any calendar month. 2. A part-time employee, operating under the control of a board of water commissioners is not a municipal officer subject to the Code of Ethics for Municipal Officers. Thus, the restrictions in RCW 42.23.030 do not apply to the part-time employee.
CITIES AND TOWNS - DISTRICTS - PUBLIC UTILITY DISTRICTS - CONSERVATION - CONTRACTS - SALES OF CONSERVATION MATERIALS TO PUBLIC UTILITY CONSUMERS
CITIES AND TOWNS ‑- DISTRICTS ‑- PUBLIC UTILITY DISTRICTS ‑- CONSERVATION ‑- CONTRACTS ‑- SALES OF CONSERVATION MATERIALS TO PUBLIC UTILITY CONSUMERS (1) The provisions of Article VIII, § 7 of the Washington Constitution prohibit a city or public utility district from assisting its utility customers, generally, in the purchase of such conservation materials as insulation or storm windows from private suppliers by providing to the seller a guarantee of payment of part or all of the agreed upon purchase price for the conservation materials involved. (2) The same provisions of Article VIII, § 7 of the Washington Constitution, however, do not prohibit a city or public utility district from itself purchasing and then later selling such conservation materials to its customers, generally, by means of installment contracts under which payment of the purchase price, plus a service charge, would be made by the purchasers on a periodic basis over a specified period of time.
DISTRICTS - PORT - PUBLIC WORKS PROJECTS - CONTRACTS - APPLICABILITY OF CHAPTER 39.04 RCW TO PUBLIC PORT DISTRICTS
DISTRICTS ‑- PORT ‑- PUBLIC WORKS PROJECTS ‑- CONTRACTS ‑- APPLICABILITY OF CHAPTER 39.04 RCW TO PUBLIC PORT DISTRICTS The provisions of chapter 39.04 RCW, relating to public works projects by the state and certain municipalities, are applicable to public port districts organized pursuant to Title 53 RCW.
DISTRICTS - SCHOOLS - CONTRACTS - SUPPLIES AND MATERIALS - UTILIZATION OF JOINT PURCHASING AGENCY FOR THE ACQUISITION OF SCHOOL SUPPLIES AND MATERIALS
DISTRICTS ‑- SCHOOLS ‑- CONTRACTS ‑- SUPPLIES AND MATERIALS ‑- UTILIZATION OF JOINT PURCHASING AGENCY FOR THE ACQUISITION OF SCHOOL SUPPLIES AND MATERIALS (1) Where the boards of directors of two or more public school districts have formed a joint purchasing agency, as authorized by RCW 28A.58.107(3), and that joint purchasing agency itself complies with the bidding requirements of RCW 28A.58.135 in so doing, the agency may then acquire and maintain an inventory of supplies from which the participating school districts may draw without also individually calling for bids as provided for in RCW 28A.58.135. (2) A joint purchasing agency formed pursuant to RCW 28A.58.107(3) may also act as a purchasing agent for private schools within its general geographic area. (3) Although a public school district may, alternatively, use the services of a purchasing agent which was not created pursuant to RCW 28A.58.107(3) to acquire supplies and materials, in that event either the district or its agent must comply with the bidding requirements of RCW 28A.58.135.
DISTRICTS - SCHOOLS - CONTRACTS - EXECUTION OF A CONDITIONAL SALES CONTRACT WITHOUT APPROVAL OF VOTERS
DISTRICTS ‑- SCHOOLS ‑- CONTRACTS ‑- EXECUTION OF A CONDITIONAL SALES CONTRACT WITHOUT APPROVAL OF VOTERS A school district may enter into a conditional sales contract, pursuant to chapter 62, Laws of 1965 (RCW 28.58.550), without approval of the voters of the district so long as the contract price, added to existing debt within that class of debt which, under Article VIII, § 6, and RCW 39.36.020, may be incurred without voter approval does not exceed one and one‑half percent of the assessed value of the taxable property in the district.
LABOR - CONTRACTS - PUBLIC WORKS - APPLICATION OF PREVAILING WAGE LAW TO PREFABRICATION - STANDARDS FOR DETERMINING PREVAILING WAGE
LABOR - CONTRACTS - PUBLIC WORKS - APPLICATION OF PREVAILING WAGE LAW TO PREFABRICATION - STANDARDS FOR DETERMINING PREVAILING WAGE (1) The requirement of chapter 39.12 RCW that "the prevailing rate of wage" be paid to laborers, workmen or mechanics upon all public works of the state, or any county, municipality or political subdivision, is applicable to labor performed in off-the job site prefabrication by employees of the prime contractor, subcontractors, or other persons doing or contracting to do the whole or any part of the work contemplated by the contract -provided that the prefabricated "item or member" is produced specially for the particular public works project and not merely as a standard item for sale on the general market. (2) All determinations of the prevailing rate of wage shall be made by the industrial statistician of the department of labor and industries. (3) The standards to be used in determining the prevailing rate of wage are set forth in full in RCW 39.12.010.
CITIES AND TOWNS - CONTRACTS - EXECUTION OF A CONDITIONAL SALES CONTRACT
CITIES AND TOWNS - CONTRACTS - EXECUTION OF A CONDITIONAL SALES CONTRACT The phrase "one and one half percent of the taxable property," as used in § 1, chapter 92, Laws of 1963 (RCW 39.30.010), authorizing executory conditional sales contracts for the purchase of property by certain municipalities including cities and towns, refers to the actual value of the taxable property located within the contracting municipality rather than to the assessed valuation of such taxable property.
WASHINGTON STATE CONVENTION AND TRADE CENTER - STATE AGENCIES - PUBLIC WORKS AND IMPROVEMENTS - CONTRACTS - COMPETITIVE BIDDING
Authority of state agency to vary from bidding procedure Where the Legislature has authorized expansion of the Washington State Convention and Trade Center but has conditioned funding upon the receipt of contributions from a public or private co-developer, and has imposed further conditions which render it economically impracticable to call for public bids on those portions of the expansion project which will be "jointly" used by the co-developers, and the Convention and Trade Center will call for public bids on those portions of the project that are intended for its use as a state instrumentality, the public works laws are sufficiently flexible to allow the "joint" portions of the construction project to be designed and built by the co-developer without call for public bids.
COLLEGES AND UNIVERSITIES - CONTRACTS - CORPORATIONS - EMPLOYERS AND EMPLOYEES - SALARIES AND WAGES - GIFTS - INVESTMENTS
Relationship between universities and nonprofit organizations that engage in fund-raising activities for them 1. Institutions of higher education have the authority to enter into contracts deemed essential to the institution and to accept and solicit gifts. If there is consideration flowing to the institution, it has the authority to provide goods and services to a private nonprofit organization, including the use of institution employees to solicit gifts, in exchange for fund-raising and other assistance from the organization. 2. The statute of frauds, RCW 19.36.010, provides that any agreement not to be performed in one year from the making thereof shall be void. Thus, any agreement between an institution of higher education and a nonprofit organization should be in writing if it is not to be performed in one year.
COLLEGES AND UNIVERSITIES - PUBLIC WORKS AND IMPROVEMENTS - CONTRACTS - APPRENTICESHIPS
Authority of a university to impose a bidding prequalification requirement that contractors must have an apprenticeship program A prequalification requirement prohibits a contractor from bidding on a public works contract unless the requirement is satisfied. There is no statute that establishes a prequalification requirement that contractors must have an apprenticeship program. In absence of such a statute, a university does not have the authority to establish such a prequalification requirement.
MUNICIPAL CORPORATIONS - WATER DISTRICT - SALE OF SURPLUS TIMBER - CONTRACTS - AUTHORITY OF WATER DISTRICT TO SELL SURPLUS TIMBER BY HIRING A CONTRACT LOGGER
MUNICIPAL CORPORATIONS ‑- WATER DISTRICT ‑- SALE OF SURPLUS TIMBER -- CONTRACTS ‑- AUTHORITY OF WATER DISTRICT TO SELL SURPLUS TIMBER BY HIRING A CONTRACT LOGGER A water district must sell any property which will not be needed pursuant to the provisions of RCW 57.08.015 . The power to sell in any manner must be necessarily or fairly implied in or incidental to the broad power to sell which is granted by statute.
CONTRACTS - SEWAGE DISPOSAL PLANT - MAINTENANCE IN LIEU OF CASH PAYMENT
CONTRACTS ‑- SEWAGE DISPOSAL PLANT ‑- MAINTENANCE IN LIEU OF CASH PAYMENT The Director of Institutions in the operation of the Washington State Veterans' Home is only limited in such power by specific laws relating to the management of institutions. We are unaware of any limitation on this subject. Therefore, in our opinion, a contract may be legally entered into as set forth in your questions numbered 1 and 2.
PORT DISTRICTS - CONTRACTS - LIQUIDATING DAMAGES - WAIVER
PORT DISTRICTS ‑- CONTRACTS ‑- LIQUIDATING DAMAGES ‑- WAIVER. A Port District may not waive liquidated damages for delayed performance provided for in an improvement contract unless such waiver is given in conformance with the terms of the contract.
SCHOOL DISTRICTS - CONTRACTS - AMOUNT AND TIME - BUILDING AND ARCHITECT - POWER TO CONTRACT BEYOND TERM OF OFFICE
SCHOOL DISTRICTS ‑- CONTRACTS ‑- AMOUNT AND TIME ‑- BUILDING AND ARCHITECT ‑- POWER TO CONTRACT BEYOND TERM OF OFFICE The board of directors of a school district may contract for architect's services in connection with a building program for a period exceeding the term of office of the board, but may not contract for an amount in excess of that which was allocated for that purpose in the budget for the year in which the contract was executed.
COUNTIES - CONTRACTS - PROPERTY - SALE OF CRUSHED ROCK
COUNTIES ‑- CONTRACTS ‑- PROPERTY ‑- SALE OF CRUSHED ROCK A county has no power to sell crushed rock to private parties other than as provided by RCW 36.82.110 or 36.82.100.
CONTRACTS - PUBLIC WORKS - PUBLIC PRINTING - FIVE PER CENT DIFFERENTIAL FAVORING STATE FIRMS - NO AUTHORITY TO EXCEED STATUTORY PERCENTAGE
CONTRACTS ‑- PUBLIC WORKS ‑- PUBLIC PRINTING ‑- FIVE PER CENT DIFFERENTIAL FAVORING STATE FIRMS ‑- NO AUTHORITY TO EXCEED STATUTORY PERCENTAGE The state printer has no authority to contract with commercial printing firms where the bid price quoted by such company exceeds by more than five per cent the bid price quoted by competing out-of-state printing companies.
COUNTY COMMISSIONERS - CONTRACTS - UNLICENSED ARCHITECT - ARCHITECT'S CONTRACT - NECESSITY OF BIDDING
COUNTY COMMISSIONERS ‑- CONTRACTS ‑- UNLICENSED ARCHITECT -- ARCHITECT'S CONTRACT ‑- NECESSITY OF BIDDING 1. County Commissioners cannot contract with unlicensed architect to draw plans for county office building. 2. County Commissioners need not require bids for contract with architect to plan county building.
COUNTIES - CONTRACTS
POWER TO CONTRACT WITH SAFETY COUNCIL No power has been granted which permits a county to contract with a safety council to supply the council's services to said county.
CITIES AND TOWNS - CONTRACTS - INTERESTED OFFICERS - RENTAL OF MACHINE
CITIES AND TOWNS ‑- CONTRACTS ‑- INTERESTED OFFICERS ‑- RENTAL OF MACHINE The mayor of a fourth class town may not charge rental for use of a machine by the town in excess of $50.00 for any one month. Any excess charge is void and where wilfully incurred and charged, subjects the officer to removal from office and conviction for a misdemeanor.
STATE PARKS AND RECREATION COMMISSION - CONTRACTS
STATE PARKS AND RECREATION COMMISSION -- CONTRACTS Contracts of the Parks and Recreation Commission are binding upon their successors.
DISTRICTS - PUBLIC UTILITY DISTRICTS - BONDS - CONTRACTS - ELECTIONS
NECESSITY FOR VOTER APPROVAL
(1) RCW 54.24.018 does not apply to PUD contractual obligations not involving issuance, by the district, of its own bonds.(2) If a PUD issues bonds in order to fund a prior contractual liability, the provisions of Wash. Const., Article VIII, § 6 (but not Article VII, § 2 or Article VIII, § 7) would be applicable.
OFFICES AND OFFICERS - STATE - WASHINGTON TRANSPORTATION COMMISSION - FERRIES - CONTRACTS
IMPOSITION OF TIME LIMIT FOR USE OF COMMUTER BOOKS The Washington Transportation Commission did not violate any contractual rights of persons who previously purchased undated ferry system commuter ticket books when, by Resolution No. 72, it provided that commutation ticket books shall be valid only for ninety days from the date of purchase.
CITIES AND TOWNS - DISTRICTS - PUBLIC UTILITY DISTRICTS - CONSERVATION - CONTRACTS
CONSTITUTIONALITY OF PROPOSED PUBLIC UTILITY CONSERVATION PROGRAM It would be a violation of Article VIII, § 7 of the state constitution for a municipal utility or public utility district to advance funds to its customers in order to enable them to purchase conservation materials notwithstanding a projected resulting benefit to utility customers, generally.
AGRICULTURE - SALE - CONTRACTS
AGREEMENTS BETWEEN RETAILERS AND SUPPLIERS OF FARM IMPLEMENTS (1) The requirements of RCW 19.98.010 apply both to dealers who have discontinued their relationship with suppliers of farm implements, machinery and parts and to routine part returns by active dealers. (2) The terms of an annual part return adjustment agreement between a supplier and retailer need not be identical to those set forth in RCW 19.98.010. (3) Although the right to return parts pursuant to an annual part return adjustment agreement is dependent upon the terms of that agreement, a retailer of farm implements, machinery and parts who has been granted such a contractual right by a supplier will then be entitled to elect between his contractual remedies and the remedies set forth in RCW 19.98.010.
DISTRICTS - HOSPITALS - CHURCHES - CONTRACTS
OPERATION OF PUBLIC HOSPITAL BY RELIGIOUS ORDER Without an express grant of statutory authority it would not be permissible for a public hospital district to contract with a private organization, including a religious order, for the operation of a hospital facility owned by such a district.
DISTRICTS - SCHOOLS - CONTRACTS
UNIFORM COMMERCIAL CODE It is not necessary to amend RCW 28A.58.550, relating to execution of executory conditional sales contracts by school districts, to bring that statute into conformity with the uniform commercial code.
PUBLIC WORKS - CONTRACTS - LABOR
OUT-OF-STATE PREFABRICATION Neither chapter 39.12 nor chapter 39.16 RCW are applicable to labor performed outside of the state of Washington under a public works contract with a state agency or political subdivision of the state of Washington.
COMMUNITY COLLEGES - EMPLOYEES - CONTRACTS
PAYMENT OF SALARIES TO COMMUNITY COLLEGE EMPLOYEES A community college, pursuant to contract, may legally pay its academic employees their salaries in twelve equal installments commencing in September and concluding in August of the succeeding year where the employee in question is assigned to teach fall, winter and spring quarters; or fall, winter and summer quarters; or fall, spring and summer quarters, but not winter, spring and summer quarters.
COMMUNITY COLLEGES - CONTRACTS - NATUROPATHY - AUTHORITY OF COMMUNITY COLLEGE TO OFFER BASIC SCIENCE COURSE UNDER CONTRACT WITH COLLEGE OF NATUROPATHY
COMMUNITY COLLEGES ‑- CONTRACTS ‑- NATUROPATHY ‑- AUTHORITY OF COMMUNITY COLLEGE TO OFFER BASIC SCIENCE COURSE UNDER CONTRACT WITH COLLEGE OF NATUROPATHY
(1) Under the authority granted to it by RCW 28A.50.140(16), a state community college district may offer, under contract with a private college of naturopathy, a two-year course in basic science representing the middle two years of a six-year curriculum leading to the issuance, by the private institution, of an N.D. (doctor of naturopathic medicine) degree, which two-year basic science program would be required to be preceded by two years of college level studies.
(2) The Council for Postsecondary Education is statutorily authorized to review the conduct of such a program and/or make advisory recommendations regarding the conduct thereof.
INSURANCE - CONTRACTS - FEES - APPLICATION OF INSURANCE COMMISSION AGAINST FEE FOR DESIGNING AND INSTALLING EMPLOYEES' PENSION AND PROFIT SHARING PLAN
INSURANCE ‑- CONTRACTS ‑- FEES ‑- APPLICATION OF INSURANCE COMMISSION AGAINST FEE FOR DESIGNING AND INSTALLING EMPLOYEES' PENSION AND PROFIT SHARING PLAN It is a violation of RCW 48.30.140(1) and RCW 48.30.150 for a licensed insurance agent, when selling insurance in connection with an employee's pension and profit sharing plan, to treat his commission for selling such insurance as partially covering the fee which he would otherwise charge for designing and installing the aforesaid plan, thereby reducing the amount of such fee.
DISTRICTS - SCHOOLS - CONTRACTS - LABOR
LEGAL STATUS OF SUBSTITUTE TEACHERS (1) An employee organization which has obtained the right, under RCW 28A.72.030, to represent the certificated employees of a school district has the right to represent substitute certificated teachers employed by that school district as well. (2) Except to the extent that the records involved are required to be made under RCW 42.17.250, et seq., (Initiative No. 276), a school district is not required to provide an employee organization with the names and addresses of its substitute teachers.
SALES - CONTRACTS - BANKS AND BANKING - CREDIT CARDS
COMPUTATION OF FINANCE CHARGES Chapter 63.14 RCW relating to retail installment sales, does not prohibit the use of the "previous balance" method of computing finance charges for sales governed by that act.
DISTRICTS - FIRE PROTECTION - MUNICIPAL CORPORATIONS - CONTRACTS
CONTRACTS FOR FIRE PROTECTION SERVICES Taxing district which constitute "municipal corporations" under chapter 64, Laws of 1973, 1st Ex. Sess.; determination of the rate of compensation to be paid by a municipal corporation for fire protection services thereunder; consequences of refusal of a municipal corporation to contract with a fire protection district; municipal bids for fire protection services.
COUNTIES - HOUSING AUTHORITY - CONTRACTS
JOINT CONSTRUCTION OF GROUP HOME A county of the first class and a housing authority may contract for the joint construction and/or operation of a group home for the developmentally disabled under chapter 35.82 RCW as amended by chapter 198, § 2, Laws of 1973, 1st Ex. Sess.
CONTRACTS - INSTALLMENT - SALES - INTEREST
APPLICABILITY OF RCW 63.14.130 TO CERTAIN INTERSTATE SALES OF GOODS Where a retail installment contract is entered into in the state of Washington between a seller having his principal place of business in this state and a buyer residing in the state of Idaho, with the merchandise being purchased to be delivered by the seller to the buyer in Idaho, the maximum service charge fixed by RCW 63.14.130 applies.
COMMUNITY COLLEGES - CONTRACTS - SCHOOL DISTRICTS - AUTHORITY OF COMMUNITY COLLEGE TO OPERATE ADULT EDUCATION PROGRAMS
COMMUNITY COLLEGES ‑- CONTRACTS ‑- SCHOOL DISTRICTS ‑- AUTHORITY OF COMMUNITY COLLEGE TO OPERATE ADULT EDUCATION PROGRAMS A board of trustees of Yakima Valley College, a community college operating under chapter 28B.50 RCW, has the legal right thereunder to operate certain adult education programs in the Grandview area following expiration of an existing contract with the Grandview district on June 30, 1973.
LIENS - MATERIALMEN - CONTRACTS
ENFORCEMENT BY SUBCONTRACTOR Where a subcontractor's claim to a materialmen's lien is dependent upon his ability to show that the general contractor who employed him was acting as the agent for the owner of the property against which the lien is claimed, the subcontractor must be able to establish that the general contractor was registered under chapter 18.27 RCW, if applicable.
CEMETERIES - CONTRACTS - TRUSTS - FUNDS
ENDOWMENT (1) To the extent that a prearrangement contract calls for the furnishing of services and/or the delivery of merchandise, the contract must be fully performed by the cemetery authority with which it was made, in accordance with its terms, before any withdrawals of moneys from the prearrangement trust fund provided for in RCW 68.46.030 can be made. (2) When an endowment care cemetery accepts a reservation for a burial plot with no requirement on the part of the beneficiary to make any payments until actual interment, and where the beneficiary is not obligated to utilize the reservation, the cemetery authority is not required to make any payments into its endowment care fund under RCW 68.40.010.
DISTRICTS - SCHOOLS - EMPLOYEES - CONTRACTS
WAIVER OF RIGHTS (1) A school district may not offer employment to a certificated employee under circumstances not covered by either RCW 28A.67.900 or the second paragraph of RCW 28A.67.074 by tendering a contract to that individual which contains a condition that the employee waives his rights under RCW 28A.67.070 or 28A.58.450. (2) If an employee signs such a contract, that waiver condition is not valid or enforceable.
PENSIONS - RETIREMENT - PERS - STATE TEACHERS' RETIREMENT SYSTEM - LEGISLATURE - CONTRACTS - AUTHORITY OF LEGISLATURE TO MODIFY EMPLOYEES' PENSION PLANS
PENSIONS ‑- RETIREMENT ‑- PERS ‑- STATE TEACHERS' RETIREMENT SYSTEM ‑- LEGISLATURE ‑- CONTRACTS ‑- AUTHORITY OF LEGISLATURE TO MODIFY EMPLOYEES' PENSION PLANS Unless accompanied by correlative new benefits and/or a demonstrable showing of necessity for the purpose of maintaining the integrity of the applicable pension system, a legislative act amending the statutes governing the computation of retirement allowances for members of the teachers' retirement system and the public employees' retirement system so as to (1) exclude from consideration any pay increases received by current active members of these two retirement systems after the effective date of such amendments or (2) reduce the levels of retirement allowances ultimately to be received by such members in all cases where the amounts payable to those members from the federal social security program are correspondingly increased, would be unconstitutional.
OFFICES AND OFFICERS - STATE EMPLOYEES' INSURANCE BOARD - INSURANCE PROGRAMS - CONTRACTS
OFFICES AND OFFICERS ‑- STATE EMPLOYEES' INSURANCE BOARD ‑- INSURANCE PROGRAMS ‑- CONTRACTS Effect of chapter 147, Laws of 1973, Ex. Sess., upon existing insurance plans covering state employees payable solely from employee payroll deductions; necessity for insurance board's approval for continuation of such insurance plans or payroll deductions; scope of liability insurance which may be provided under chapter 147, supra; authority of insurance board to provide liability coverage for employees of a higher educational institution in those instances where the board of regents or trustees does not.
COUNTIES - CONTRACTS - COMPREHENSIVE PROCEDURES - REAL OR PERSONAL PROPERTY
COUNTIES ‑- CONTRACTS ‑- COMPREHENSIVE PROCEDURES ‑- REAL OR PERSONAL PROPERTY Extent to which chapter 36.34 RCW applies to the sale, lease or other disposition of county real or personal property in a county which has adopted its own comprehensive procedures for the management of county property under the provisions of chapter 196, Laws of 1973, 1st Ex. Sess.
COUNTIES - CITIES AND TOWNS - CONTRACTS - BIDS - PROFESSIONAL SERVICES
COUNTIES ‑- CITIES AND TOWNS ‑- CONTRACTS ‑- BIDS ‑- PROFESSIONAL SERVICES (1) Second, third and fourth class cities are required by RCW 35.23.352 to call for bids in connection with the purchase of professional services where the anticipated cost for such services will exceed $2,000, and this statute contains no exception to reflect the possibibility of a conflict between its requirements and a canon of professional ethics which is so written as to prohibit the members of the profession which it governs from responding to a city's call for bids for their service.
(2) Counties, code cities and first class cities are not required to bid for professional services and therefore, the governing bodies of such municipalities may exercise discretion in connection with this matter.
CONTRACTS - MUNICIPAL - OFFICERS
BENEFICIAL INTERESTS The provisions of RCW 42.23.010, et seq., prohibiting certain municipal contracts because of "beneficial interests" therein by officers of the municipality do not apply where the officer's interest is not of a pecuniary or financial nature.
COUNTIES - ROADS - CONTRACTS
COST OF MATERIALS AS FACTOR IN DETERMINING PROJECT COST UNDER RCW 36.77.060(1) In determining whether a particular county road construction or improvement project may be accomplished by day labor under RCW 36.77.060 (in a case where the construction or improvement is not the installation of electrical control devices or the like) prior to the effective date of the repeal thereof on January 1, 1981, the costs of related construction materials need not be taken into consideration irrespective of (a) whether the construction materials were purchased in connection with the particular project rather than being acquired as a part of a general inventory or (b) whether those construction materials were purchased by competitive bidding or not.