Question:
Sometimes our community wants to come in and help do work on our sites. Some of this work could be significant in cost but not cost the district anything. When a community member or business wants to donate labor and materials, how does prevailing wage requirements and bid limit work?Response: The answer differs based on the type of project or estimated fair market value of the materials.
If you are referring to construction:
In general, the construction of school buildings is regulated by the Department of General Services and the Department of Education. Education Code section 17251(c) establishes "standards for use by school districts to ensure that the design and construction of school facilities are educationally appropriate and promote school safety." School buildings are defined as buildings used or designed to be used for educational purposes, or buildings that pupils would ordinarily enter.
Any new construction in excess of $25,000 must be reviewed by the Office of the State Architect. This would also include any reconstruction, alteration, or addition to a school building. This ensures that the rules and regulations of the Department of General Services and State Building Standards Codes are enforced appropriately.
Furthermore, PCC 20111 holds a lower threshold of $15,000 for a "public project" for competitive bidding purposes. (Public Contract Code section 20111 (b) defines a "public works contract" for competitive bidding purposes.)
If you are referring to maintenance projects:
Public projects do not include maintenance work defined as routine, recurring and usual work for the preservation or protection of any publicly owned or operated facility, EC 20114 – 20115.
Regarding Prevailing Wages:
Prevailing wage requirements do not apply to volunteers.
Some other issues to consider:
·
Are the materials in compliance with the school district standards?·
What are the liability requirements for worker’s compensation should a volunteer be hurt on the job? Is this covered under Board Policy or through the general liability carrier?·
Once the work is complete, who will maintain it? Is the current staff trained in maintaining the work which has been completed? (For example, what if a volunteer puts in a special marble flooring that requires a specialized piece of equipment and/or training for the M & O staff. I have also seen Apple computer labs donated but the technology staff is not trained to repair them and, in some cases, the equipment is not compatible with the network systems.)·
Businesses donate materials and equipment frequently. Most districts have a Board Policy regarding donations and in many cases the Board approves the donations after district employees review the quality and general condition of the materials or equipment.10/2/07
