Small Public Works Projects Alternate Process
Alternate Intents and Affidavit Filing Options
By law, only the forms approved by the Industrial Statistician of the Department of Labor Industries may be used for filing the Statements of Intent to Pay Prevailing Wages and filing the Affidavits of Wages Paid. The regular Intent and the regular Affidavit forms may be used for any public work including the smaller dollar value projects that could use the alternates below.
Alternative filing options
1. Combined Intent/Affidavit for small works projects under $2,500 including tax
A combined Intent to Pay and Affidavit of Wages Paid form for small public works projects under $2,500 may be used only at the option of the public contract awarding agency. Form fees are waived by L I policy on the under $2,500 combined form. A signature by the public awarding agency is required in addition to the contractor s signature.
The public agency approves the form with their signature, must retain a copy for three (3) years and must send a copy to L I within 30 days. The public contract awarding agency has a liability for unpaid wages when the alternate form is used so only that awarding agency can authorize the use of the combined form.
2. Combined Intent/Affidavit for limited public works projects under $35,000 including tax
A combined Intent to Pay and Affidavit of Wages Paid form for limited public works projects under $35,000 and awarded under the terms of RCW 39.04.155 may be used only at the option of the public contract awarding agency. An $80 filing fee is required in all cases except those covered by RCW 39.12.070(3). for which a $40 filing fee is required.
The public agency approves the form with their signature, and must retain a copy for three (3) years. A copy with payment of the filing fees ($80) must be sent to L I within 30 days. The public contract awarding agency has a liability for unpaid wages when the alternate form is used so only that awarding agency can authorize the use of the combined form.
Limits on use of the alternative filing options
- The contract awarding agency decides if the alternative process may be used in each and every instance. This is not a decision made by the contractor.
- Liability to the public agency for unpaid wages is a condition of using an alternate filing process. See RCW 39.12.040(2)(d) and RCW 39.04.155(4). The public agency may bring legal action to recover from the contractor after paying the workers their wages.
- No subcontractors. The contractor must file the form with the public awarding agency and the public agency must file it with the department within thirty (30) days. Note: Allowing any subcontractors would make the public contract awarding agency liable for unpaid wages by employers that may not be known to the public agency. No subcontractors are allowed in this alternate process.
- Single payment. Multiple payments require using a separate Intent before any payment is made and a separate Affidavit before final payment is made. See RCW 39.12.040 .
- No time and materials. The total cost of the contract with tax must be under the dollar limits for each form.
- No dividing or phasing of projects. The law prohibits breaking the project into units or phases to avoid the maximum dollar limit.
- The public agency must approve the combined forms by signature.
- No payment may be made to the contractor until the form is approved by the public agency.
- $500 civil penalty. Failure to file subject to penalty: If a contractor fails to file, or the public agency fails to file the form with the department within 30 days, a Notice of Violation may be issued under RCW 39.12.050 .
Getting additional forms
The awarding agency can contact the Prevailing Wage office for copies of the form. Thereafter, the awarding agency may make copies of the new combined Intent/Affidavit form. However, if copying, please be sure to:
- Include the instructions on the back of the form. Both sides are necessary.
- Copy the form double sided. Do not print it on separate pages.
Changed or modified forms will not be accepted.
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