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STANDARD PROCUREMENT POLICY& FEDERAL EMERGENCY CONTRACTING <br /> SECTION 8 - PUBLIC WORKS <br /> Public Works is governed by Chapter 3.80, Everett Municipal Code and by RCW 39.04 and other state <br /> statutes. Public Works is defined by 39.04.010 to generally include all work, construction, alteration, <br /> repair, or improvement other than ordinary maintenance, executed at the cost of the state or of any <br /> municipality, or which is by law a lien or charge on any property therein. <br /> The statute excludes "ordinary maintenance," which is generally defined in WAC 296-127-010(7)(b)(iii) <br /> (as may be amended) as either(1) work not performed by contract and that is performed on a regularly <br /> scheduled basis (e.g., daily, weekly, monthly, seasonally, semi-annually, but at least once per year), to <br /> service, check, or replace items that are not broken; or (2) work not performed by contract that is not <br /> regularly scheduled but is required to maintain an asset so that repair does not become necessary. <br /> 8.1 DONATIONS <br /> Bona fide donations, which are provided at absolutely no cost or obligation to the City, of labor, <br /> materials, supplies or equipment to accomplish a public works project may be deducted from <br /> the estimated cost of the project. If so, a reasonable estimation of the value of donations must <br /> be documented. Donations of money toward a project would not be a deduction from project <br /> costs; rather, it is a revenue source, presumably with purpose or use restrictions. <br /> 8.2 ESTIMATED COST <br /> Regardless of which solicitation method is used, a cost estimate must be on file for any public <br /> works projects per RCW 39.04.020. <br /> The estimated cost of the project should include all costs of the entire project, less discounts <br /> and donated items or labor. Costs include: <br /> • Materials supplies and equipment <br /> • Labor at the prevailing wage rate <br /> • Sales and use taxes with the following exceptions: <br /> o Certain types of projects or portions of projects may be exempt from sales and use tax, <br /> such as road projects under RCW 82.08.0275 and WAC 458-20-171. <br /> If government agencies join together to complete a public work, the total cost of the project <br /> includes all costs for all parties involved. <br /> 8.3 PUBLIC WORKS COMPLETED BY CITY EMPLOYEES <br /> Per RCW 35.22.620 (as may be amended), City staff may perform public works subject to the <br /> statutory limits. <br /> Whenever the City has had public works performed in any budget period up to the maximum <br /> permitted amount for that budget period, all remaining public works within that budget period <br /> may be done by contract pursuant to public notice and call for competitive bids. The amount of <br /> public works that a first-class city has a county perform on its behalf under RCW 35.77.020 is <br /> considered day labor and subject to the above limits. <br /> Page 36 of 57 <br />